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HomeMy WebLinkAboutMinutes - 12/30/2002 - City Council REGULAR MEETING DECEMBER 30, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, December 30, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director Community Development Napolitano, Director Public Works Marcinko and Chief of Police O'Meara. Absent: Director Parks and Recreation Merkel. Mayor Althoff announced there would be an Executive Session to discuss Potential Litigation. TEN MINUTE PUBLIC INPUT Wayne Lattanzio, a resident of 216 Green Street, proposed Car Cruise Night on Green Street, Saturday evenings during the summer in McHenry. He suggested it would be a good opportunity for retailers in the vicinity as well as car enthusiasts. Mayor Althoff suggested Mr. Lattanzio contact Director of Parks and Recreation Merkel regarding the proposed Car Cruise Night. PRESENTATION John Maldonado of the McHenry Area Jaycees contributed a check in the amount of $15,000 for the annual fireworks display on the 4"'of July. CONSENT AGENDA Motion by Glab, seconded by Bolger, to approve the Consent Agenda as presented: . ■ Ordinance approving No Parking extension on Royal Drive; ■ Ordinance amending Chapter 13 of the Traffic and Motor Vehicle Code for the installation of a four-way stop on Medical Center Drive and Ring Road, between Lawrence Parkway and Route 31. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES PROPOSAL WITH BAXTER & WOODMAN. INC. FOR OLDE MILL PONDS SUBDIVISION STORMWATER STUDY Mayor Althoff reminded Council of their request, at the December 2, 2002 Regular Council Meeting, for Baxter & Woodman to submit an engineering service agreement for a stormwater study in the Olde Mill Pond Subdivision. Baxter & Woodman has been asked to evaluate the various alternatives to eliminate excess ponding in the southwest corner of L the Olde Mill Ponds with the scope of services divided into two phases. • The first phase of the proposal will review the following three alternatives: 0 Construction of a drainage swale December 30, 2002 Page 2 • Installation of a storm sewer • Creation of additional storm water detention Phase II will include a more detailed review including engineering requirements, cost estimates and Baxter& Woodman's recommendations. Mayor Althoff informed Council Baxter& Woodman has ascertained the engineering fees for the scope of services outlined in an amount not to exceed $14,000. City Administrator Maxeiner noted the $14,000 is not included in the 2002/2003 Fiscal Year Budget and if approved will require a budget amendment and the associated adjustment to the appropriation ordinance. Responding to Mayor Althof 's inquiries, City Engineer Carl Moon of Baxter & Woodman stated the $14,000 includes both Phase I and Phase II of the project. He informed Council Baxter & Woodman anticipates accumulation of sufficient information to hold a meeting with representatives of Olde Mill Pond Subdivision on January 16, 2003 to discuss alternatives and present a solution to Council in mid-February, 2003. Motion by Bolger, seconded by Low, to approve the engineering proposal from ,— Baxter & Woodman for the Olde Mill Ponds Stormwater Study, to include both Phase I and Phase II, in an amount not to exceed $14,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ANNEXATION AND REZONING OF 90-ACRES LOCATED ADJACENT TO AND EAST OF ILLINOIS ROUTE 31, NORTH OF GRACY ROAD AND SOUTH OF PRIME PARKWAY IN UNINCORPORATED MCHENRY COUNTY. Mayor Althoff introduced Attorney Thomas Zanck of Militello, Zanck and Coen, representing the Petitioner Concord Homes, Inc. Mr. Zanck noted also in attendance were Greg Collins of Concord Homes, Scott Dixon of Prime Commercial and John Nelson of Strategy Planning Associates. Attorney Zanck informed Council the 90-acres are immediately south and adjoining Tonyan Industrial Park and north of the proposed residential portion of a Prairie Grove Subdivision. He stated 50-acres is zoned for Business Park and C-5 Commercial for certain commercial uses. Attorney Zanck stated the Petitioner would like to proceed as soon as possible with Preliminary and Final Plat approval after annexation and zoning due to a local not for profit organization interested in building an office building on the business park location. Additionally, there is the possibility of building a warehouse, a restaurant and a banquet hall on the premises. December 30, 2002 Page 3 Attorney Zanck stated Concord Homes has agreed to reduce the number of units down to 244, a density of 6.98 units per acre. He informed Council a three-year build-out is anticipated. In response to Alderman Glab's concern regarding traffic, Attorney Zanck stated it was the developer's intent to install two lanes side-by-side, as opposed to constructing a boulevard separation, to facilitate the addition of more lanes if and when they become necessary. Director of Community Development Napolitano noted it has been the City's policy to refrain from promising or reserving sewer capacity. A lengthy discussion ensued regarding PE (Population Equivalent) and the issue of sewer capacity. Attorney Zanck stated the Petitioners are willing to withdraw their request to reserve sewer capacity. Following a brief discussion, it was the consensus of Council the proposed density of 6.98 units per acre is acceptable. A lengthy discussion ensued regarding the number of building permits issued annually and the necessity of modifying the Pintozzi Recapture. Agreement to reflect the fact that the subject property does not benefit. Motion by Glab, seconded by Murgatroyd, to deny the Petitioner's request for annexation and rezoning to RS-4 of the 90-acres located adjacent to and east of Illinois Route 31, north of Gracy Road and south of Prime Parkway in unincorporated McHenry County. Voting Aye: Glab. Voting Nay: Bolger, Low, Murgatroyd, Wimmer, Althoff Absent: None. Motion denied. City Attorney McArdle interjected the Pintozzi Recapture Agreement indicates the City is only obligated to collect monies for Mr. Pintozzi from property owners foreseen at the time to benefit from work and cost to the extent a connection is made. Responding to City Attorney McArdle's inquiry regarding the Lot 4 extension, Director of Public Works Marcinko noted the Petitioner desires to tie into the line at Albany and Route 31. City Attorney McArdle stated the issue regarding the Recapture Agreement needs to be addressed, as to whether the property owners who benefited should be reassessed proportionately or the amount should be forgiven. Attorney McArdle stated he does not believe it affects this developer, suggesting Mr. Pintozzi be informed and a hold harmless paragraph be inserted into the Annexation Agreement. ti Motion by Low, seconded by Wimmer, to approve the annexation and rezoning of 90-acres located adjacent to, and east of, Illinois Route 31, north of Gracy Road and south of Prime Parkway in unincorporated McHenry County, and to direct Staff to prepare the December 30, 2002 Page 4 required ordinances. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Althoff Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR ANNEXATION AND ZONING MAP AMENDMENT TO R84, 1803 N. RIVERSIDE DRIVE Mayor Althoff recognized Mr. Paul Pease, Petitioner and owner of the property located at 1803 N. Riverside Drive. She stated Mr. Pease appeared before Council on August 5, 2002 and received approval for an emergency hookup to the City of McHenry's water and sanitary sewer system. It was noted, as a condition to the emergency hookup Mr. Pease was required to annex the property. He has subsequently followed the rezoning process with the Planning and Zoning Commission. Director of Community Development Napolitano stated the proposed Zoning Map Amendment from E, Estate District to RS-4, High-Density Single Family Residential was unanimously recommended, by a vote of 5 to 0, at a Public Hearing held before the Planning and Zoning Commission on November 21, 2002. The proposal is consistent with the Comprehensive Plan and character of the surrounding area. Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Planning and Zoning Commission, and to direct staff to prepare the necessary ordinances annexing the property at 1803 N. Riverside Drive and to rezone the property to RS-4, High Density Single Family Residential District, upon annexation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Althoff. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE TO SERVE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT - THOTSAPORN CHULERT, 1225 N. GREEN STREET Mayor Althoff stated applicant, Thotsaporn Chulert, has requested a Conditional Use Permit for a restaurant serving alcoholic beverages at 1225 N. Green Street for a Thai Asian restaurant. It was noted representatives of the family were in attendance. Director of Community Development Napolitano stated Staff has no concerns regarding the request, noting Applicant is making some improvement to the building and _. the establishment will be a pleasant addition to the Downtown area. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on November 21, 2002; unanimously recommended approval of the conditional use permit. Mayor Althoff stated the applicant has yet to come before the City of McHenry or the December 30, 2002 Page 5 Liquor Commissioner to request approval for a liquor license which would be considered `— subsequent to the Conditional Use Permit approval. Motion by Bolger, seconded by Low, to accept the unanimous recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an ordinance approving a Conditional Use Permit for a restaurant serving alcoholic beverages for the property located at 1225 North Green Street, to Thotsaporn Chulert. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST TO RENEW TEMPORARY SIGN PERMIT AT MCHENRY CORPORATE CENTER FROM PRIME COMMERCIAL CORP. Mayor Althoff stated a request has been received from Prime Commercial Corp. to renew a temporary sign permit at Ridgeview Drive entrance/exit at the McHenry Corporate Center. It was noted Council approved a variance to allow the sign in July 2001, with the stipulation the permit would expire on December 31, 2002. Scott Dixon of Prime Commercial Corp. is requesting the sign be allowed until December 31, 2003. Staff informed Council the sign is a 4' x 8', 32 square foot, two-sided sign with a height of 6 feet, welcoming visitors on one side and thanking visitors for coming to the Corporate Center on the other side. Motion by Glab, seconded by Bolger, to approve the request to renew the sign permit for a 32 square foot temporary welcoming/thank you sign at Ridgeview Drive at the McHenry Corporate Center until December 31, 2003. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. PRE-ANNEXATION AGREEMENT BETWEEN ROBERT G. HOWE TRUST AND CITY OF MCHENRY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ILLINOIS ROUTE 120 AND WONDER LAKE ROAD Mayor Althoff stated on November 4, 2002 a Public Hearing was held to consider a pre-annexation agreement with the Howe family, owners of approximately 118 acres located at the northeast corner of Route 120 and Wonder Lake Road. She iterated the Howe family have no immediate plans for development and are not seeking to immediately annex to the City of McHenry, but are not amenable to forcible annexation into the Village of Wonder Lake. Joseph Gottemoller of Madsen, Sugden and Gottemoller, attorney for Doris B. Howe and Nancy K. Renovitch, Co-Trustees of the Robert G. Howe Trust, Petitioners stated 8.8 December 30, 2002 Page 6 acres is included in the Petition but was not published, as the property is still tied up in court in a Wonder Lake forced annexation petition. Mr. Gottemoller noted the Petitioners wish the 8.8 acres to remain in the Petition to provide the City of McHenry with control over the 8.8 acres should it become available, at which time it would be published. Petitioner is therefore requesting the following paragraph be added to the Pre-Annexation Agreement: "In the event the North 8.8 acres is disconnected from the Village of Wonder Lake, the Petitioner may bring that acreage into the City of McHenry under the same terms and conditions of this Agreement. All parties acknowledge that the amendment of this Agreement to bring the North 8.8 acres into the City can only be accomplished by a new publication and Hearing after the property has been removed from the Village of Wonder Lake." Alderman Murgatroyd suggested a paragraph be added to the Pre-annexation Agreement indicating should Petitioners, within five years, not disconnect the property from Wonder Lake, any money paid out by the City of McHenry would be reimbursed to the City of McHenry. City Attorney McArdle stated he and Staff have reviewed the Agreement and have no concerns, including Petitioner's request and Alderman Murgatroyd's suggestion. — Motion by Bolger, seconded by Murgatroyd, to approve the Pre-Annexation Agreement between the Robert G. Howe Trust and the City of McHenry, and to authorize the Mayor and City Clerk's execution of the Ordinance approving the Pre-Annexation Agreement between the Robert G. Howe Trust and the City of McHenry for the property located at the Northeast corner of Illinois Route 120 and Wonder Lake Road subject to the ' following amendments: 1. Paragraph 7 of the Howe Pre-Annexation Agreement should indicate 118 acres rather than 80 acres. 2. A paragraph shall be added as follows: "In the event the North 8.8 acres is disconnected from the Village of Wonder Lake, the Petitioner may bring that acreage into the City of McHenry under the same terms and conditions of this Agreement. All parties acknowledge that the amendment of this Agreement to bring the North 8.8 acres into the City can only be accomplished by a new publication and Hearing after the property has been removed from the Village of Wonder Lake." 3. Should Petitioners within five years not disconnect the property from Wonder Lake, any money paid out by the City of McHenry would be reimbursed to the City of McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Althoff. Voting Nay: None. Absent: None. Motion carried. December 30, 2002 Page 7 PETERSEN PROPERTY LAND SALE BUYOUT Mayor Althoff stated the issue of the Petersen Property land sale contract payoff was discussed at the December 16, 2002 Regular City Council meeting. She stated the issue before Council this evening is from which fund money would be secured for the land purchase. Alderman Bolger concurred with Staffs suggestion of a 50/50 split between the General Fund and Park Donations Fund. Alderman Low and Alderman Wimmer concurred with Alderman Bolger. Motion by Low, seconded by Wimmer, to approve the Petersen Property Land Sale Contract Payoff with the cost of the buyout generated as follows: • 50% General Fund • 50% Parks Donation Fund Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Althoff wished everyone a safe and happy New Year. COMMITTEE REPORTS Alderman Low informed Council the Parks and Recreation Committee Meeting would be held on Thursday, January 9, 2003 at 7:00 p.m. in the Aldermen's Conference' Room. DEPARTMENT HEAD REPORTS Police Chief O'Meara informed Council the 2-Year Eligibility List was posted today by the Police Commission. He noted there are 44 individuals on the List. Director of Public Works Marcinko informed Council Staff is working with Roger Gerstad regarding the No Trespassing sign located at Newport Trail. Director Marcinko stated Staff offered Mr. Gerstad signs, however Mr. Gerstad has elected to research signs himself and submit suggestions to Staff, in an effort to eliminate the current sign at that location. Director of Community Development Napolitano informed Council he received a letter from Matt Fiascone of Inland Development regarding changing the zoning of the Business Park property west of the railroad tracks, south of Bull Valley and east of Crystal Lake Road to Residential. Mr. Fiascone is requesting an audience before the Committee of the Whole sometime in February 2003. City Administrator Maxeiner informed Council the meeting with the Olde Mill Ponds Subdivision was inadvertently identified as January 9, 2003. The meeting will actually be December 30, 2002 Page 8 held on January 16, 2003 at 4:00 p.m. at the Municipal Center. Mayor Althoff noted Inland has been contacted by the City of McHenry regarding participation in the remediation process. City Administrator Maxeiner stated progress has been made in the Collective Bargaining negotiations. NEW BUSINESS There was no new business. EXECUTIVE SESSION Motion by Bolger, seconded by Low, to go into Executive Session at 9:27 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:27 p.m. Motion by Bolger, seconded by Murgatroyd, to return to Open Session at 9:34 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. .Council went back into Open Session at 9:34 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting a 9:35 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:35 p.m. c . n MAY R ,f CLERK J I