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HomeMy WebLinkAboutMinutes - 04/04/2001 - City Council REGULAR MEETING APRIL 4, 2001 A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda, at 7:30 P.M. on Wednesday, April 4, 2001 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 Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki, Director Community Development Napolitano, Director of Public Works Batt, Director Parks and Recreation Merkel, Assistant Administrator Maxeiner. Absent: City Administrator Lobaito. TEN MINUTE PUBLIC INPUT Diana Mantzoros, 1904 Oak Drive, addressed Council regarding the Lakeland Park Phase 4 Drainage and Storm Sewer Project in the Oak Drive and Prairie Avenue area. She noted project materials lay exposed in the area creating potential safety hazards for children. She requested Council direct Staff to install warning devices and barriers appropriately. She also requested Council consider replacing the water main that runs along the entire length of Oak Drive. CONSENT AGENDA: Motion by McClatchey, seconded by Bolger, to approve the Consent Agenda as follows: ■ Approval: Request to Hire Replacement Employee — Police Department; ■ Approval: Request to Advertise for Bid —2001 Streets Program; ■ Approval: John Street Sanitary Sewer Project Amendment No. 1 in the amount of `.- $3,400; ■ Approval: Renewal of Tree Removal Permit— McHenry Country Club; ■ Approval: Resolution recognizing April 8"' through April 14t' International Building Safety Week; ■ Approval: City Council Minutes: ■ March 14, 2001 Regularly Scheduled Meeting; ■ March 21, 2001 Regularly Scheduled Meeting. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. _REQUEST FOR USE OF KNOX PARK BY HEARTLAND AIDS RIDE REPRESENTATIVES Ann Burns, Productions Coordinator for the Tanguray Heartland AIDS Ride was in attendance. Ms. Burns noted this is the sixth year of the 500-mile six-day bike ride from the Twin Cities to Chicago. She noted the riders anticipate arrival in McHenry on Friday, July 13, 2001, and requested Council approval to utilize Knox Park from Thursday, July 12, 2001 through Saturday, July 14, 2001 for setup on Thursday, camping on Friday, and take- down on Saturday. Ms. Burns also noted, although the original route has changed, McHenry remains a favored campsite by participants and was included in the plans for the `- revised route. Page 2 4/4/01 Motion by Baird, seconded by Murgatroyd, to approve the use of Knox Park as a site to host the Sixth Annual Heartland AIDS Ride from Thursday, July 12, 2001 through Saturday, July 14, 2001, waiving all associated fees, and requiring the appropriate certificate of insurance, naming the City of McHenry additionally insured. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. CEMETERY SITE PLAN FOR HOLY APOSTLE CHURCH Tim Adams, Holy Apostle Church Business Manager, was in attendance. Mr. Adams informed Council Holy Apostle Church is requesting Council approval of a cemetery site plan on the church grounds, located on the southeast corner of Bull Valley Road and Crystal Lake Road. Staff informed Council the Holy Apostle Church Annexation Agreement permits several uses for the property, including a cemetery. The Holy Apostle Church Agreement requires site plan approval from the City Council prior to permit approval and cemetery development. The proposed cemetery site is located south of the existing Holy Apostle Church parking lot, between the main church building and the adoration chapel. The cemetery site would initially contain 104 interment plots; however, the site is expandable to -1 contain a total of 400 interment plots. Holy Apostle Church also has expressed their intent to create a prayerful area with the least amount of visual impact. Additional parking for eight vehicles will be provided. Staff is recommending Council approval of the cemetery site plan as presented. In response to Alderman Bolger's inquiry, Mr. Adams noted no immediate plans exist for the installation of fencing. Alderman Glab requested Staff provide Council with information regarding potential pollution and drainage issues. Motion by Bolger, seconded by Baird, as per the terms of the Annexation Agreement between the City of McHenry and Inland Capital Fund, to approve the cemetery site plan for Holy Apostle Church as presented. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE FOR OUTDOOR STORAGE — ROOFING AND INSULATION SUPPLY INC. 3981 ALBANY STREET Robert Kribs, Vice President of Roofing and Insulation Supply Inc., was in attendance. Mr. Kribs informed Council Roofing and Insulation Supply Inc., located at 3981 Albany Street, is seeking Council approval for a Conditional Use permitting outdoor Page 3 4/4/01 �.- storage of pre-packaged roofing shingle material on pallets. The site plan submitted in conjunction with the Conditional Use Application, restricts the outdoor storage to the west half of the gravel lot. A six-foot high chain link fence with nylon privacy mesh is also proposed. The subject property is 2.3 acres with 205' of frontage on Albany Street. The Zoning Board of Appeals at a Public Hearing held on March 19, 2001 unanimously recommended approval of the Conditional Use Permit, subject to the following three conditions: 1. A six-foot high chain link fence with nylon privacy mesh shall be installed and maintained around the perimeter of the outdoor storage area; 2. The outdoor storage shall be limited to the west half of the graveled parking area to the west of the main building, as identified on the latest site plan included with the zoning application; 3. Outdoor storage shall be limited to pre-packaged roofing shingle materials on pallets, no taller than six feet above grade in height. In response to Alderman Baird's inquiry, Mr. Kribs stated no tar barrels or storage of any other kind would be permitted. Alderman Glab suggested Council consider limiting the Conditional Use Permit to a specified time period. In response to additional Council inquiry, Mr. Kribs noted the height of the roofing shingle pallets would not exceed the height of the six-foot chain link fence. Mr. Kribs also clarified approximately 1/3 or .6 acres of the existing parking lot would be utilized for the outdoor storage area. Mr. Kribs also informed Council no partial or used roofing materials would be stored outside. Only pre-packaged full pallets will be permitted in the outdoor storage area. Motion by Bolger, seconded by Baird, to accept the unanimous recommendation of the Zoning Board of Appeals, and to pass an ordinance granting a Conditional Use Permit to allow outdoor storage of pre-packaged roofing materials on pallets, at 3981 Albany Street, subject to the following conditions: 1. A six-foot high chain link fence with nylon privacy mesh shall be installed and maintained around the perimeter of the outdoor storage area; 2. The outdoor storage shall be limited to the west half of the graveled parking area to the west of the main building, as identified on the latest site plan included with the zoning application; 3. Outdoor storage shall be limited to pre-packaged roofing shingle materials on pallets, no taller than six feet above grade in height. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: Glab. Absent: None. Motion carried. Page 4 4/4/01 In response to Alderman Baird's inquiry, Director of Community Development Napolitano noted maintenance violations could be addressed via the City's recently adopted Property Maintenance Code. RIVERSIDE DRIVE PERMIT PARKING REQUEST Riverside Drive Business Owner Joyce Bara was in attendance. Director of Public Works Batt informed Council Riverside Drive merchant, Ms. Bara, has expressed dissatisfaction with the existing parking restrictions on and near Riverside Drive, specifically, the west side. She notes current parking options include two-hour time spaces on the street, four-hour time spaces in the municipal lot, and permit parking near Veteran's Memorial Park. She is requesting Council consider any one of the following options: • Create paid permit parking in the municipal lot, ample enough for at least the business/property owners; ■ Assign free parking in the municipal lot for business/property owners only; ■ Revise the four-hour limit to eight hours or more; ■ Remove the timed parking restriction for the municipal lot; ■ Create additional municipal parking for business customers Director of Public Works Batt is requesting Council authorize the distribution of a questionnaire to Riverside Drive merchants requesting response to Ms. Bara's suggestions. Some discussion followed regarding the permit parking standards and process. Director Batt also suggested the loading zones located along the rear of the west Riverside Drive properties be considered for parking use by the respective business owner. At Mayor Cuda's invitation, Ms. Bara addressed Council, explaining her concerns and noting the receipt of five parking citations within eight months. Council discussion ensued. Council directed Director of Public Works Batt to develop and distribute a questionnaire to all Riverside Drive merchants to ascertain their input regarding Ms. Bara's parking recommendations. The results of the survey should be brought to Public Works Committee sometime in May for further consideration and recommendation. MCHENRY SAVINGS BANK ANNEXATION AGREEMENT, ANNEXATION, REZONING, CONDITIONAL USE, VARIANCE AND PRELIMINARY PLAT APPROVAL Kathleen Marinangel, McHenry Savings Bank Owner, Wayne Amore and Kathleen Pelz, McHenry Savings Bank Officers, and Project Manager Mike Anderson, from Anderson and Associates, were in attendance. In response to Mayor Cuda's inquiry, Staff noted all conditions as agreed to during the March 21, 2001 Public Hearing, have been incorporated into the ordinances presented this evening for formal Council approval. Mayor Cuda stated Council had unanimously approved directing Staff to create ordinances permitting the annexation, annexation agreement, zoning reclassification, conditional use permit, parking variance, and Page 5 4/4/01 Preliminary Plat approval for the McHenry Savings Bank Plaza located on the east side of Route 31 at the entrance to Knox Park, subject to the condition the Petitioners provide covenants and restrictions for the McHenry Savings Bank Plaza for Council review and comment in conjunction with the Final Plat approval. Motion by Baird, seconded by McClatchey, to pass an ordinance authorizing the Mayor and City Clerk's execution of an annexation agreement between the City of McHenry and the McHenry Savings Bank. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: Glab. Absent: None. Motion carried. Motion by Baird, seconded by McClatchey, to pass an ordinance annexing 6.28 acres of property located on the east side of Route 31 south of the entrance to Knox Park, owned by McHenry Savings Bank. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: Glab. Absent: None. Motion carried. Motion by McClatchey, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals, and pass an ordinance granting: ■ A zoning map amendment to C5 Highway Commercial District, for a 6.28 acre parcel located on the east side of Route 31, south of the entrance to Knox Park; ■ A conditional use permit for a drive-through bank facility; and ■ A variance to the required number of parking spaces for a new banking facility on Lot 17 of the proposed McHenry Savings Bank Plaza Subdivision. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Murgatroyd, to accept the unanimous recommendation of the Plan Commission, and approve the Preliminary Plat of the McHenry Savings Bank Plaza, prepared by Condon Consulting Engineers, P.C. dated 11/27/00, with a revision date of 3/6/01, including the following variances to the Subdivision Control Ordinance: ■ No sidewalks shall be required on either side of the interior streets; however, the owner shall be required to install a sidewalk along the Route 31 frontage; ■ The Letter of Credit and/or bond required for the purpose of guaranteeing �— completion of public improvements required for subdivision approval, shall be provided at 110% of the estimated cost of construction of said improvements, instead of 125% as required by City ordinances; Page 6 4/4/01 ■ The City shall not require the owner to install public sanitary sewers under the street pavement along the center of the public right-of-way; however, public sanitary sewers shall be installed within the public right-of-way. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: Glab. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Cuda referencing his memo of April 4t', provided Council with a status update regarding the improvements associated with the Rubloff Development on both the east and west side of Route 31. He referenced the Illinois Department of Transportation (IDOT) letter sent to 63 d Congressional District House Representative Jack Franks, relating to the loss of local access by Burger King, Steak 'n Shake and Fast Eddies Car Wash, and stated it was their contention resolution of local access lay with the local municipality. IDOT's reconfiguration of Route 31 relating to the Rubloff Development has negatively impacted these existing businesses. In response to Council inquiry, Mayor Cuda, noted Rubloff has met all IDOT requirements. IDOT will not grant Rubloff a permit to construct North Route 31 --� Improvements, including double left-turn lanes with a barrier median, unless the City of McHenry concurs with the site plan. Rubloff Development Inc. is concerned, as without Route 31 Improvements, it will be difficult to retain and/or obtain commercial tenants and proceed with their commercial development. In response to Council inquiry, Mayor Cuda stated Rubloff is working with the affected Route 31 property owners to satisfactorily resolve the Route 31 access problem. A lengthy discussion followed. Director of Public Works Batt suggested Council require Rubloff Development Inc. to post a $150,000 Letter of Credit requiring Rubloff to pursue an equitable solution with the affected Route 31 property owners. It was the consensus of Council to direct Assistant Administrator Maxeiner, to obtain a memorandum and/or letter from Rubloff Development Inc. Vice President Robert Browning, affirming their intent to pursue a mutually satisfactory solution to the North Route 31 access for Fast Eddies Car Wash, Burger King, and Steak 'n Shake, in conjunction with the Rubloff McHenry Towne Center Subdivision development. COMMITTEE REPORTS Finance and Personnel Committee Chairperson Alderman Murgatroyd scheduled a Finance and Personnel Committee Meeting for Tuesday, April 17, 2001 at 7:00 p.m. to review the draft 2001-2002 City of McHenry Budget. Finance and Personnel Committee Chairperson Alderman Murgatroyd stated his intent to approve the 2001-2002 Budget by the Annual Council Meeting scheduled for April 24, 2001. Page 7 4/4/01 DEPARTMENT HEAD REPORTS Director of Community Development Napolitano reported the Community Development Department was entering into its busiest season. Thirty-two inspections have been scheduled for tomorrow. Director of Public Works Batt reported bids for the Anne Street/Edgebrook School Drainage Project would be opened on Tuesday, April 10, 2001. Director of Parks and Recreation Merkel reported skatepark construction has begun, with excavation and site development currently underway. The pre-construction meeting is scheduled for Monday, April 9, 2001. The Parks and Recreation Summer Brochure is scheduled to be distributed on April 16"'. Director Merkel also noted the Advisory Referendum Question regarding the recreation center failed at 48%-51%. Director Merkel suggested these results were not a true picture of the community's wishes regarding the construction of a recreation center. He stated several residents had informed Parks and Recreation Department Staff members they voted no because no funding information was provided. NEW BUSINESS Alderman Murgatroyd requested future annexation agreements contain language reflecting standard Council policy as opposed to the Petitioner's request regarding negotiable annexation issues. EXECUTIVE SESSION Motion by Bolger, seconded by Murgatroyd, to go into Executive Session at 8:30 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:30 p.m. Motion by Bolger, seconded by Murgatroyd, to go back into Open Session at 9:00 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Open Session at 9:00 p.m. Alderman Baird requested Council direct Staff to place further discussion regarding the monies earmarked for the recreation center on a future City Council Meeting Agenda. He suggested April 18, 2001. Alderman Baird opined these monies should be re-allocated for use in the 2001-2002 Budget for other park projects. Page 8 4/4/01 --� ADJOURNMENT Motion by McClatchey, seconded by Murgatroyd, to adjourn the meeting at 9:07 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None Absent: None Motion carried. The Meeting was adjourned at 9:07 p.m. MAYOR CITY LERK ;