HomeMy WebLinkAboutMinutes - 11/30/1994 - City Council REGULAR MEETING
NOVEMBER 30, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, November 30, 1994 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
Peterson, City Attorney McArdle, Director of Building and Zoning Lobaito,
Director of Public Works Batt, Director of Parks and Recreation Merkel,
Chief of Police Joyce. Absent: None. Also in attendance was Court
Reporter Cheryl Barone.
TER MINUTE PUBLIC INPUT SESSION
Mark Priscaro, of 803 Riverside Drive, addressed the Council on three
separate issues: 1) the potential dangers, particularly in his
neighborhood, associated with snowmobilers trespassing on private
property; 2) potential drainage problems in the Beach/Riverside Drive
area because of additional residential building, and; 3) the current
salary level of the City Clerk/Collector position as well as the
announcement that the recently appointed Clerk will not be required to
run for election until 1997. Audrey Buellesbach, of 5507 Chasefield,
presented an informational packet to the Council on compost containers.
She asked that this information be referred to during the Mayor's report
on residential composting. Jim Konieczski stated his opposition to any
type of fast food restaurant locating in the McHenry Grounds
development.
JAYCEES PRESENTATIOft
Nancy Christensen, President of the McHenry Area Jaycees, presented a
$15,000 check to the Mayor and City Council. The $15,000 is earmarked
for a 1995 City of McHenry Fourth of July fireworks display. Monies were
earned during the Jaycees annual haunted house event designated as
"Spooking for Sparks". Mayor Cuda accepted the funds for the City and
thanked the Jaycees for their efforts and community spirit. Terry Glass,
also of the Jaycees, then presented an additional $5,000 for Christmas
lights and decorations to the Parks and Recreation Department to be
erected annually at the Whispering Oaks Learning Garden. Mayor Cuda
invited everyone to attend the Christmas Tree lighting ceremony on
Sunday, 'December 4, 1994 at 6:00 P.M. at the Whispering Oaks Learning
Garden.
RE-ZONING REQUEST - BLAKE FAMILY LTD. PARTNERSHIP FROM C-3 to C-5
Attorney for the petitioner, Guy Youman, explained that the Blake
Family Ltd. Partnership, i.e. Edward and Ethel Blake, is requesting a
zoning change from C-3 to C-5 for their property which is currently
within the City limits. The property is currently being operated as a
golf driving range, and is located on the west side of State Route 31,
just north of the Wal Mart Store. Mr. Youman stated that the C-5 zoning
designation is an appropriate use of this property, as the City's
Comprehensive Plan shows this area as a commercial hub. The Zoning Board
of Appeals voted 4-1 to recommend approval of the rezoning.
Motion by Lawson, seconded by Bolger, to aceept the Zoning Board of
Appeals' recommendation fo approval and authorize staff to prepare an
ordinance granting the requested re-zoning from C-3 to C-5 for approval.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Responding to an inquiry from the audience, Attorney Youman explained
that there were no immediate plans for the future development of this
property, and the petitioners were seeing C-5 as opposed to the C-3
classification because they felt the C-5 classification was the highest
and best use for their property.
PUBLIC HEARING - PROPOSED ANNEXATION AND ZONING - BLAKE FAMILY LTD,
PARTNERSHIP
Mayor Cuda convened the public hearing on the proposed annexation and
zoning for the Blake Family Ltd. Partnership at 8:11 P.M. Attorney
Youman stated the Blake Family Ltd. Partnership is requesting annexation
and C-5 zoning of approximately 42 acres on the west side of Route 31,
immediately north of the Leisure Links golf driving range. Attorney
Youman explained that this annexation was contingent upon the rezoning of
the previously presented, Leisure Links, property from C-3 to C-5.
November 30, 1994 Page 2
Annexation fees are to be waived and attorney fees, not to exceed
$1,500, will be borne by the City. Discussion followed on the waiving of
annexation fees. Mayor Cuda noted that the practice of waiving
annexation fees for business parks, industrial, and some commercial
development was common past practice. Alderman Bates stated his
objection to the contention that the C-5 zoning is consistent with the
City's Comprehensive Plan. He presented specific language from the
Comprehensive Plan substantiating his position. He also noted potential
traffic problems, and asked Council to consider either sending these
annexation and zoning requests back to the Zoning Board of Appeals for a
lesser zoning classification, i.e. C-3, or restricting and eliminating
some of the C-5 uses, specifically groups "M" and "0". The ZBA voted 4-1
to recommend approval of the C-5 zoning classification.
Jerry Benes, of Front Royal Drive, addressed the Council noting that
although annexation fees were waived for the Tonyan Industrial Park, a
nominal fee for improvements was imposed. He suggested Council consider
this option.
Joe Gottemoller, attorney representing Tom Loftus of Riverside Drive,
addressed the Council stating that Mr. Loftus would prefer a C-3 zoning
classification on this property, as well as a designated buffer along the
property's southern and eastern boundaries.
Motion by Bates, seconded by Bolger, to close the public hearing on .�
the Blake Family Ltd. Partnership proposed annexation and zoning at 8:30
P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Batesj to table this annexation and zoning request.
Motion failed for lack of a second.
Motion by Lawson, seconded by Locke, to accept the Zoning Board of
Appeals' recommendation of approval and authorize staff to draft the
ordinances for Council's consideration approving the annexation
agreement, annexing the property, and zoning the property C-5.
Voting Aye: Bolger, Locke, Lawson, Baird, Cuda.
Voting Nay: Bates.
Absent: None.
Motion carried.
Mayor Cuda asked Council not to miniinize the importance of the
proposed TAP 420 interchange. He explained these annexations were
important, as it insured that these properties were developed to the
standards of the City of McHenry, and not other municipalities or the
County.
Mayor Cuda opened the Public Hearing on the proposed annexation and
zoning of the LaSalle National Trust Agreement 10-18529-08 at 8:37 P.M.
Attorney for the petitioner, Guy Youman, stated the petitioner was
requesting annexation and C-5 zoning of approximately 10 acres on the
west side of Route 31, north of McCullom Lake Road. The Zoning Board of
Appeals voted to approve the requested zoning with a 4-1 vote. Mr.
Youman noted one difference in this annexation agreement: language in
Title 2, Section 4 regarding sewer and water service states a 10% per
year cap on .connection and capital development fees. City Administrator
Peterson, responding to questions from the audience, explained that water
and sewer extensions and/or improvements to serve these newly annexed
areas were not paid for with resident tax monies, but by development fees
paid for by the developer. The cost of the proposed FAP 420 would be
directly attributable to the State of Illinois or its designee.
Responding to Robert Alexander's question, Director of Building and -�
Zoning Lobaito clarified the differences between a C-3 and C-5 zoning
classification.
Alderman Baird left the meeting at 8:47 P.M.
November 30, 1994 Page 3
Motion by Lawson, seconded by Bolger, to close the public hearing on
the proposed annexation and zoning of the LaSalle National Trust
Agreement 10-18539-08 at 8:50 P.M.
\.. Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
Motion carried.
Alderman Baird returned to the meeting at 8:51 P.M.
Motion by Lawson, seconded by Bolger, to approve the Zoning Board of
Appeals' recommendation of approval and authorize staff to draft the
ordinances necessary for Council's consideration, approving the
annexation agreement, annexing and zoning the property C-5.
Voting Aye: Bolger, Locke, Lawson, Baird, Cuda.
Voting Nay: Bates.
Absent: None.
Motion carried.
Mayor Cuda opened the Public Hearing on the proposed annexation and
zoning of the McHenry State Bank Trust No. 1691 at 8:54 P.M. Attorney
for the petitioner, Mark Saladin, stated the petitioner's request for
annexation and C-5 zoning on 61.17 acres of property located on the east
and west sides of Route 31. The Zoning Board of Appeals approved the
�— requested zoning by a 4-1 vote.
Mr'. Saladin stated the annexation agreement called for a 20-year term
and payment of legal .fees not to exceed $1,000. Attorney for Tom Loftus,
Joe Gottemoller, commented that Council should consider notifying all
abutting property owners when these properties are submitted for platting
a buffer. Mayor Cuda noted the Council's commitment to said notification.
Motion by Lawson, seconded by Locke, to close the Public Hearing on
the proposed annexation and zoning of McHenry State Bank Trust No. 1691
at 9:00 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Lawson, seconded by Locke, to accept the Zoning Board of
Appeals' recommendation of approval and authorize staff to draft the
ordinances necessary for Council's consideration, approving the
annexation agreement, annexing the property, and zoning the property C-5.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
Mayor Cuda opened the Public Hearing on the proposed annexation and
zoning of McHenry State Bank Trust No. 4714 at 9:03 P.M.
Attorney for the petitioners, Mark Saladin, stated the petitioners
were requesting annexation and C-5 zoning of approximately 87 acres on
the east side of Route 31, immediately north of the McHenry Commons
Shopping Center and Phases I and II of the Oaks of McHenry residential
subdivision. The Zoning Board of Appeals voted 2-2, with one abstension
making no recommendation on the requested zoning. Mr. Saladin stated the
annexation agreement called for a 20-year term, payment of legal fees not
to exceed $1,500, and a 200-foot buffer along the property's southern
border to be utilized only for the cul-de-sacing of Birch Lane, detention
ponds, and/or underground utilities. Frances Larson and Diane Hesch,
both of North Riverside Drive, asked Council for consideration of a
buffer along the property's eastern boundary, as well as the southern
boundary. Discussion followed regarding buffer requirements between
zoning classifications, particularly C-5 and residential zoning. Ms.
Hecsh read a letter from her mother, a Riverside Drive property owner,
which stated her concerns regarding potential wetlands and drainage
concerns. City Administrator Peterson stated that these issues would be
addressed during the subdivision process. Greg Lundberg of Birch Avenue
in the Oaks of McHenry, asked Council to consider a C-3 zoning
classification extending the southern buffer further east, and
guaranteeing the existing subdivision's roadways would never be connected
to the proposed highway or to State Route 31.
November 300 1994 Page 4
Brad Kaplan, of Masuda, Funai, Eifert and Mitchell, Ltd. ,
representing CIGNA Corporation, stated that although they. were in favor
of the McHenry annexation, his clients would request Council
consideration for a buffer along the eastern boundary line of the .�
property.
In response to an inquiry by Jim Konieszski of the Oaks of McHenry,
Attorney Saladin explained the petitioners were requesting a 20-year term
as opposed to a 10-year because the likelihood of FAP 420 being developed
within the next 10 years was highly unlikely. Tim Cornwell, of 1308
Court Street, complimented the Council on their past accomplishments,
however, stated his concern regarding Council's speedy approval of the
C-5 zoning classifications for all these parcels. Anton Rebel, of Maple
Avenue, asked all McHenry residents to remember which Aldermen approved
the C-5 zoning classifications. Jerry Benes of Front Royal Drive, asked
the Council if they were aware of what they were doing, and for whom. In
rebuttal, Attorney Saladin stated these petitioners are not developers,
they are only looking for the highest and best use for their property.
There were no immediate plans for future development.
Motion by Bates, seconded by Lawson, to close the Public Hearing on
McHenry State Bank Trust No. 4714 at 9:30 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None. -,
Absent: None.
Motion carried.
Lengthy discussion followed regarding the appropriateness of the
zoning classification for this parcel, buffering along the eastern and
southern property borders and potential cut-through traffic.
Mayor Cuda called for a recess at 9:43 P.M. The meeting reconvened
at 10:08 P.M. with everyone still in attendance.
Attorney Saladin stated he had conferred with the petitioners and
they had stated their willingness to work with Council in an'attempt to
address all the stated concerns, including buffers along the southern and
eastern property borders, and street restrictions. Further discussion
ensued.
It was the consensus of the Council to instruct City Attorney McArdle
to work with the petitioner's attorney, Mr. Saladin, in an attempt to
work out an acceptable annexation agreement which incorporates the
concerns and comments shared by the residents in attendance.
Mayor Cuda asked that any further comments regarding this annexation
agreement be sent to himself, the City Clerk, or the City Administrator,
before December 7, 1994. He also stated that all objectors will be
notified as to when this agreement will be scheduled for Council approval.
CONSENT AGENDA
Alderman Bates asked that Item No. 8: Chamber Board Request - Country
Meadows Craft Show - be pulled from the agenda and be referred to the
Parks and Recreation Committee for discussion.
Motion by Lawson, seconded by Locke, to approve the Consent Agenda as
follows, excepting Item No. 8 regarding the Country Meadows Craft Show,
which is to be sent to the Parks and Recreation Committee.
(1) November 9, 1994 Special City Council Meeting Minutes;
(2) November 16, 1994 Regular City Council Meeting Minutes;
(3) Tuition Reimbursement Request - Susan Christensen, Computer
Applications for Accounting, $133.00;
(4) Alarm Hook-Up Request - Papy's Foods (Tonyan Industrial Park);
(5) Award of Bid to Minuteman Press for Parks & Recreation
Winter/Spring Brochure; �a
(6) Annual Farm Lease with Dave Backhaus;
(7) Authorization to Bid - South Wastewater Treatment Plant
Dechlorination;
(9) Intergovernmental Agreements with McHenry and Nunda Townships
for Snowplowing;
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 30, 1994 Page 5
EXECUTIVE SESSION - SALE OF CITY PROPERTY
Motion by Locke, seconded by Lawson, to go into Executive Session at
10:30 P.M. to discuss the sale of City property.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Bates, to go back into Open Session at
11:11 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
1995-96 NISRA MEMBERSHIP DUES
Northern Illinois Special Recreation Association Executive Director
Brian Shahinian was in the audience. City Administrator Peterson
explained that at the last NISRA Finance Committee and Board Meeting, the
Board had voted to apply a 2.7% (CPI) plus new growth to their dues,
resulting in an assessment to the City of McHenry of $46,913.00.
Discussion followed regarding the dues structure, as well as non-member
fees.
Motion by Bates, seconded by Baird, to approve the 1995-96 NISRA
Budget, as presented and authorize payment of the dues assessment of
$46,913.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PROPOSAL FOR DESIGNING McCULLOM LAKE AERATION SYSTEM
City Administrator Peterson explained Bob Kirschner of the
Northeastern Illinois Planning Commission was seeking approval to retain
the services of Lake Management Consultants, Inc. at a cost of $4,000 to
help design and oversee the installation of a winter aeration system in
McCullom Lake. Phase II of the City's grant from the U.S.E.P.A. calls
for a wintertime aeration system to be installed in the deepest portion
of McCullom Lake. This system is to be activated only on an as-needed
basis during winter months. City Administrator Peterson also noted the
$4,000 will be reimbursed as part of the grant.
Motion by Bates, seconded by Bolger, to approve a consulting services
contract with Lake Management Consultants, Inc. in the amount of $4,000
for design and installation services of a winter aeration system in
McCullom Lake as part of Phase II USEPA grant to be reimbursed by the
grant.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda requested staff to contact all the residents surrounding
the lake informing them of the aeration project and the resultant open
water during the winter months.
1995 DIAL-A-RIDE LOCAL SHARE AGREEMENT
The City has participated in a curb-to-curb Dial-A-Ride program in
cooperation with PACE since October of 1987. The program is funded
through the collection of fares with remaining services funded 75% by
PACE and 25% by the City.
November 30, 1994 Page 6
Motion by Lawson, seconded by Bates, to approve the 1995 Dial-A-Ride
share agreement and authorize payment in an amount not to exceed
$34,300.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
DRATRAGE IMPROVSMSNTS AT 216 N GREEN STREET -- MR & MRS STEVEN HAMLLTN
Mr. Hamlin, resident and property owner of 216 N. Green Street, was
in attendance. City Administrator Peterson explained a considerable
amount of storm water passes through the Hamlin's property from the
north. As part of the subdivision engineering approved for the Hamlin
property, a swale was constructed in their rear yard. The Hamlin's have
stated their dissatisfaction with the swale. They are asking to see the
stormwater conveyed through their property via an underground concrete
storm sewer pipe. Council had previously agreed to provide the labor to
install a 4" black plastic drain pipe. The Hamlin's are stating they now
wish to have concrete storm sewer pipe installed at City expense. The
cost difference between the plastic pipe installation and the concrete
pipe method is approximately $5,500 for the four lots involved.
Discussion followed regarding the Hamlin's request.
Motion by Baird, seconded by Locke, to authorize the Director of
Public Works to construct the swale in the rear yard of 216 N. Green
Street as originally designed on the plans and specifications of the
subdivision, and if the drainage problem is not corrected, it will be
reviewed at a later time.
Voting Aye: Locke, Lawson.
Voting Nay: Bolger, Bates, Baird.
Absent: None.
Motion failed.
Mayor Cuda recommended Dan Marcinko, the City's 'engineering
inspector, review the problem and make a recommendation to Council.
Motion by Bolger, seconded by Locke, to have the newly hired Civil
Engineer, Dan Marcinko, review the drainage problem at 216 N. Green
Street, and make a written recommendation to Council.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
SIGN VARIANCE REQUEST - WAL MART - 2019 N RICHMOND ROAD
City Administrator Peterson explained that Wal Mart is seeking a
variance to permit the installation of five additional wall signs on the
face of their building. It was further stated that by ordinance, only
one sign is permitted per business establishment. Some discussion
followed.
Motion by Bolger, seconded by Locke, to approve the sign variance
request for five additional wall signs for Wal Mart.
Voting Aye: Bolger, Locke.
Voting Nay: Bates, Lawson, Baird.
Absent: None.
Motion failed.
EMPLOYEE HEALTH INSURANCE RENEWAL
City Administrator Peterson explained that the City had entered into
a new employee group health insurance program last year. The estimated
total premium cost for 1994 shows a savings of $30,000 over 1993's
premium cost. In addition, the City is estimated to have retained
earnings of over $70,000 from the premiums paid in 1994. Based upon the
coverages quoted from Kraemer Associates, it is staff's recommendation
that the City retain its current excess and specific providers on a 12/12
contract basis.
f
November 30, 1994 Page 7
Motion by Lawson, seconded by Bolger, to renew the existing health
insurance plan for full time employees exactly as it currently exists,
with the addition of all unionized police officers coming under the same
health insurance plan at a cost of of $310 per month for family coverage
and $155 per month for single coverage.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Due to the late hour, the remaining items on the agenda were
continued to the next regularly scheduled Council meeting of December 7,
1994.
ADJOURMOIRT
Motion by Bates, seconded by Bolger, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 12:25 A.M.
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CITY CL MAYOR
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