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HomeMy WebLinkAboutMinutes - 08/31/1994 - City Council REGULAR MEETING AUGUST 31, 1994 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, August 31, 1994 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. TEN MINUTE PUBLIC INPUT SESSIOft David Barber, Campaign Manager for the United Way of McHenry County, requested Council permission to allow a high school marching band to perform at the Main Street Station on the morning of September 13th between the hours of 6:00 a.m. - 7:00 a.m. He stated he had requested and received permission from the Chicago and Northwestern Railway Company, subject to (1) none of the band members or volunteers will go near the trains or tracks, and (2) none of the members or volunteers will impede the movement of the commuters. Motion by Baird, seconded by Lawson, to grant permission to the United Way of McHenry County, allowing a high school marching band to perform at the Main Street Station on the morning of September 13, 1994 between the hours of 6:00 a.m. and 7:00 a.m. , subject to the same conditions of the Chicago and Northwestern Railway Company. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Alderman Bolger requested that Mr. Barber make every attempt to distribute flyers informing the residents within a one-block radius of the railway station of the date and time. Mr. Barber agreed to Alderman Bolger's request. Dorothy Bangle, of McHenry Shores, addressed the Council stating her opposition to Mr. Werth's helipad. She also submitted a petition signed by residents of McHenry Shores detailing their opposition. PUBLIC HEARING THIRD AMENDMENT TO McHENRY CORPORATE CENTER'S ANNEXATION AGREEMENT Mayor Cuda convened the Public Hearing on the Third Amendment to McHenry Corporate Center's Annexation Agreement at 7:42 P.M. In attendance were petitioners Kit Carstens and Scott Dixon of the McHenry Corporate Center, their attorney Dan Curran, and Court Reporter Erika Ryl. Attorney Curran explained that a Fortune 500 company was looking to lease a 217,000 square foot warehouse distribution facility to be located on the northwest parcel of the Corporate Center's park. The Third Amendment now before the Council applies to the development of that specific parcel in substantially the same format as the recently approved Second Amendment. The amendment allows for the granting of a building permit prior to completing the platting process, 90 days to present final plat after approval of the preliminary plat, preliminary platting within 60 days of approval of this agreement, and a metes-and-bounds conveyance. A written agreement will also exist between the Corporate Center and the City of McHenry regarding the snowplowing of Miller Parkway. If Council still wishes to maintain a right-of-way for the railroad crossing, as was shown on the original Corporate Center Concept Plan, it will be subject to I.C.C. permit. The Chicago and Northwestern has informed the petitioners that they would not approve this location for a crossing because of other crossings within close proximity. The �- I.C.C. , however would be the final determinant. A rider to this amendment drafted by the City Attorney will be added addressing the right-of-way issue and its particulars, including who will be the final applicant to the I.C.C. There also are current discussions with the property owners to the north, Inland, and the State of Illinois to extend Bull Valley Road. This amendment, however, is not contingent upon the construction of this extension. August 31, 1994 Page 2 -INMayor Cuda also noted that the petitioners and the City had agreed that if the property is not developed as presented, being site specific, the agreement will be declared "Null and Void". A time frame of two years was agreed upon. Alderman Bates then questioned whether the Bull Valley extension was necessary to the client to commit to the project. Attorney Curran stated that although the extension was very desirable, it was not a contingency to the deal. Discussion followed regarding the desirability of the right-of-way west . over the railroad tracks. City Administrator Peterson explained that this crossing was part of the Corporate Center's original concept plan. It was staff's analysis that this crossing would be an important access, particularly if the property west of the tracks develops as business park or an industrial area. He further explained that the petitioners were agreeing to dedicate the right-of-way, but were unwilling to pay for the roadway, nor were they willing to go through the I.C.C. hearings necessary to obtain permission for the crossing. City Administrator Peterson stated that it was never the intent of the City within the content of the original annexation agreement to be responsible for seeking I.C.C. permission for the crossing, or the expense of the crossing which would now be borne by either the City or '1 the property owners to the west. Further discussion followed. Mayor Cuda stated that he felt comfortable with the agreement, as long the right-of-way was preserved and protected from any incumberances. He stated his assurance that the City would never have to pay for the construction of this crossing, as they would seek grant funds and/or require the property owner to the west to construct the crossing. Further discussion followed regarding time limitations, particularly if the onus was to be placed upon the City to obtain permission from the I.C.C. for the crossing. City Attorney McArdle suggested to protect and preserve the right-of-way, a deed be granted to the City with an automatic reverter. Mayor Cuda called for a five-minute recess at 8:10 P.M. , allowing Attorney Curran to confer with his clients. The meeting reconvened at 8:25 P.M. with everyone still in attendance. Attorney Curran stated his client's agreement to reserve the right-of-way area for one year while the City pursues permission from the I.C.C. for this crossing. He also noted that the right-of-way would be ,just south of the detention area, which would be located in the far northwest corner of this parcel. He also stated for the record that if his client plans to expand, and the right-of-way impedes this expansion, the client reserves the right to come back before the Council and petition for relief. There being no comments from the public, Mayor Cuda asked for a motion to close the public hearing. Motion by Locke, seconded by Lawson, to close the public hearing at 8:35 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Attorney McArdle reviewed the issues agreed upon. The City will allow the petitioners: (1) A metes-and-bounds conveyance from owner to purchaser; (2) Final platting within 90 days after preliminary plat approval; (3) Reservation of a 60-foot right-of-way just south of the future detention basin on future expansion parcel, from the east line to the west line for a period of 12 months, with the right to request relief within the same time frame; (4) Guarantee of construction of at least a 200,000 square foot building, with uses and in general accordance with the approved site plan; (5) A turn-a-round north on Miller Drive, which will be subject to future property owner's agreement; August 31, 1994 Page 3 Motion by Lawson, seconded by Bolger, to pass an Ordinance approving the Third Amendment to the McHenry Corporate Center Annexation Agreement dated July 19, 1989 and to authorize the Mayor and City Clerk to execute the Third Amendment, subject to the incorporation of the foregoing enumerated items. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Attorney McArdle noted he will send out the final document for the Aldermen to review. If no comments are forthcoming, the Mayor and City Clerk will execute the agreement within the next few days. CONSENT AGENDA Alderman Locke requested further clarification on the request from Gerstad Builders. Director of Public Works Batt answered his concerns satisfactorily. Motion by Locke, seconded by Bolger, to approve the Consent Agenda, as follows: (1) Block Party Request - John Vlcek, South Pearl Avenue between Beach and Stillhill, Sunday, September 4, 12pm-7 pm; (2) Resolution in recognition of Fort McHenry Volunteers; (3) Request from Gerstad Builders, Winding Creek V, Unit 4, Release of Construction Guarantee LOC in amount of $87,105 upon submittal of Maintenance Guarantee in amount of $17,421; (4) Progress Payment #1 to Treasurer, State of Illinois, Illinois Department of Transportation, $32,044.36 for 20% of Green Street Construction Costs; (5) Picnic/Beer Permits; Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. FINAL PAYMENT FOR SOUTH RIVERFRONT PARR NON-MOTORIZED BOAT LAUNCH Mayor Cuda reported that at the request of Smith Engineering, this line item was to be pulled and rescheduled for a later Council meeting. City Administrator Peterson requested that the contractor be paid an amount equal to the approved contract, excluding any overage costs. Motion by Lawson, seconded by Locke, to approve partial payment in the amount of $47,294.80 to Mann Brothers for the construction of a non-motorized boat launch at South Riverfront Park. Discussion followed as to when the park was ready to be opened and if it should be opened this season. Mayor Cuda asked for roll call on the motion. Voting Aye: Bolger, Locke, Lawson, Bates. Voting Nay: Baird. Absent: None. Motion carried. Further discussion followed regarding the scheduled opening. It was felt that the opening would be delayed some to allow the seeding to take hold. It was determined to delay any discussion about this park's opening until the Parks and Recreation Committee meeting on Tuesday, �- September 27th. WAL-MART/COLOMER FINAL PLAT Petitioner John Colomer, his attorney Tom Zanck, and Wal-Mart's engineering representative Mark Rice were introduced by Mayor Cuda. Attorney Zanck noted that they were before the Council to obtain approval for a two-lot final plat of the Wal-Mart subdivision. Mr. Zanck explained that Wal-Mart has agreed to address all issues raised by the Plan Commission and staff, including Baxter & Woodman. August 31, 1994 Page 4 Motion by Baird, seconded by Locke, to approve the final plat of the Wal-Mart subdivision. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. McHENRY CITY CENTRE BUSINESS PARK - PRELIMINARY PLAT Mark Towne, the owner and developer of property located at the intersection of Oak Drive and Orleans Street, is seeking approval of his preliminary plat. City Administrator Peterson stated that there were three outstanding issues for Council's consideration: 1) although the preliminary plat shows the dedication of the right-of-way south of Orleans that would straighten out Industrial Drive, clarification needs to be made on who will bear the responsibility of building the road. Mr. Towne responded that it was never his intent to build the road, just to dedicate the right-of-way to the City. 2) Mr. Towne and Brake Parts have respectively asked the City to vacate "1 specific right-of-ways. Mr. Towne requested the vacation of the right-of-way that is west of Oak Drive on Orleans, and Brake Parts has requested vacation of Industrial Drive, as it sits between the two properties. City Administrator Peterson stated the City would have no problem complying with the requests, as long as easement access to sanitary sewer and storm sewer remained; and vacation was dependent upon access to the southeast corner of Brookside Park, which is the planned location of soccer fields and play area. Mr. Towne stated that he would be responsible for putting in this access road to Brookside Park, subject to City specifications. Director Batt also noted that it was the Plan Commission's recommendation not- to issue a building permit for Lot 2 until the vacation had occurred. This would be done with a restrictive covenant on the final plat. 3) Consideration of a potential railroad crossing connecting Industrial Drive to McCullom Lake Road through Mr. Towne's property, east of the tracks through the Inland and Cunat properties. Again, the problem exists with the Chicago and Northwestern Railway Company, as they have stated their opposition to this railray crossing location. Some technical problems, including a creek crossing and potential property acquisition exist as well. All these problems would be very expensive. '\ As the preliminary plat is being presented, this crossing has been eliminated, and should the Council wish to retain this optional crossing, it should be addressed at this point. This optional crossing might allow the closing of the Orleans crossing as well. Discussion followed regarding potential traffic increase, traffic flow, and whether to request this right-of-way from Mr. Towne. When questioned, Mr. Towne stated that he would not be interested in constructing the railroad crossing. Other issues addressed were drainage and the impact on the Donovan lift station. Mr. Towne also reassured Alderman Bates that if his development caused a water problem, he would be accountable to fix it. As the straightening of Industrial Drive will connect with existing Oak Drive, discussion ensued regarding the merits of maintaining the name Industrial Drive, Oak Drive, or developing a completely new name. No decision was forthcoming. Mr. Towne, when questioned, also noted his intention to comply with the Subdivision Control Ordinance regarding landscaping and screening the industrial area from the residential area. Mr. Towne also noted that he would set aside land for the potential street crossing through Lots 10 and 11. '1 Motion by Bolger, to approve the preliminary plat for the McHenry City Centre Business Park. Motion failed for lack of a second. Alderman Locke questioned whether Mr. Towne might consider rezoning something other than business. Mr. Towne replied in the negative. Alderman Baird reviewed the outstanding issues. Mr. Towne agreed to reeserve the right-of-way for a potential railroad crossing if a time limit were attached. August 31, 1994 Page 5 Motion by Locke, seconded by Bates, to table this issue. Voting Aye: Locke, Bates. Voting Nay: Baird, Lawson, Bolger. Absent: None. Motion failed. Discussion continued regarding the right-of-way across the railroad tracks. Mr. Towne agreed to a two-year right-of-way allowance across the tracks effective from the date of recording of the final plat. He also indicated his desire to reconfigure the affected lots. Staff will work out all the details. Motion by Baird, seconded by Lawson, to approve the McHenry City Centre Business Park preliminary plat, subject to the Plan Commission's recommendations and the following items: (1) A two-year (effective from the date of recording) agreement allowing City access to the right-of-way railroad crossing across Lot 10; (2) Agreement for the developer to build the roadway into Brookside Park, subject to staff specifications and approval; (3) Vacation of the portion of Industrial Drive on Lot 2; (4) The final plat must show the drainage easement as a public easement. Voting Aye: Bolger, Lawson, Baird. Voting Nay: Bates. Absent: None. Abstaining: Locke. Motion carried. RESOLUTION ANNEXING PORTION OF FOX RIVER ABUTTING CITY LIMITS At the Council meeting of February 9, 1994, Council authorized staff to determine the procedure for crossing the Fox River in connection with annexing property east along Route 120. It was determined that one of the required steps is that the City annex part of the Fox River. Motion by Baird, seconded by Bates, to pass the resolution to annex a portion of the Fox River adjoining the corporate limits of the City; to authorize the Mayor and City Clerk to execute the resolution; and to authorize the staff and City Attorney to take any further action necessary to accomplish the annexation. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PINTOZZI RECAPTURE AGREEMENT Mayor Cuda refrained from any comments or discussion on this issue, as the concerned party is his father-in-law, and the agreement was drafted by his law firm. The City Administrator explained that the City agreed to a recapture provision as part of the annexation agreement dated February 3, 1993 annexing Lot 4 of the Hi-Point subdivision. The agreement provided for recapture fees commencing on the date of acceptance by the City of extension of the water and sewer mains to Lot 4, which was March 3, 1993. The agreement also provides for an interest rate to be established that would be the locally prevailing prime rate on that acceptance date, which ws 6%. It was noted that an engineering letter from Baxter & Woodman recommended that $63,303.08 be included as the sewer recapture amount. City Administrator Peterson also recommended �- that he be authorized to execute this document. Motion by Bolger, seconded by Bates, to approve the sewer and water recapture agreement for the Pintozzi property in the amoun tof $63,303.08, fixing the date of water and sewer acceptance as March 3, 1993, and establishing the rate of interest at 6%. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. August 31, 1994 Page 6 REQUEST FROM POLICE DEPARTMENT FOR AMENDMENT TO MUNICIPAL CODE _ — DISORDERLY CONDUCT SECTIOft Chief of Police Joyce requested the removal of this item from the agenda, as he would be working with the City Attorney on amending the entire section of Disorderly Conduct and Disturbing the Peace. Council concurred. ORDINANCE NAMING ALLEY NORTH OF MAPLE AVENUE Motion by Locke, seconded by Baird, to pass an ordinance identifying the unnamed alley off of Maple Avenue as Maple Court. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR — STATEMENT AND REPORTS Mayor Cuda noted that Rich Adamson has tended his resignation from the Zoning Board of Appeals, effective September 30, 1994. He asked if the Aldermen knew of any potential candidates, to have them fill out an application. COMMITTEE REPORTS Alderman Baird stated that the Building and Zoning Committee had met, however the minutes were not yet approved. Discussion will be postponed until such time that the minutes are available. Alderman Locke, Chairman of the Finance Committee, noted that the minutes of the August 3rd meeting were corrected and had been included in the agenda packets for everyone's review. DEPARTMENT HEAD REPORTS Director of Public Works Batt noted that Green Street was almost finished and looks pretty good. Director of Parks and Recreation Merkel stated that the Illinois Department of Conservation will be doing a site inspection of Brookside Park on September 1, 1994 at 4:00 P.M. Merkel explained that a grant application had been submitted to the Illinois Department of Conservation, who then comes out and does a site report. A public hearing is held in October, and the grant award is announced in January. The Parks Department also submitted a grant application in February to the Illinois Department of Conservation, Division of Forestry for the Small Business Administration Tree Grant. They have informed Mr. Merkel that they are running late with their presentations, we should hear by the end of September. Chief of Police Joyce reported that two officers have graduated from the Police Training Institute and will be at the next Council meeting for introduction. Alderman Baird then requested Council discussion on the Werth helipad issue. He stated his strong opposition to the construction of the helipad. He felt the construction completed up to this point was done without the proper permits, and Mr. Werth ignored a "Stop Work" notification. Motion by Baird, seconded by Bates, to object to the approval of this proposed helipad. Further discussion ensued regarding whether Mr. Werth has complied with all the regulations and permit requirements. Director Lobaito stated that Mr. Werth had failed to receive permits from either the Department of Water Resources, the Army Corps of Engineers, and the City of McHenry. August 31, 1994 Page 7 City Attorney McArdle suggested Mr. Werth be notified that he now \.. needs to go through the zoning procedure to file for relief, and is in violation of City ordinances for building in a flood plain without the proper permits. Alderman Baird withdrew his motion. Alderman Bates withdrew his second. Further discussion continued regarding procedural options. Motion by Baird, seconded by Bates, to instruct the Director of Building and Zoning to send notification to Mr. Werth stating that if he intends to utilize the existing structure as a helipad, he must come before the Zoning Board of Appeals to seek relief. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Baird then addressed his concerns regarding outstanding letters of creidt and developers who are delinquent in their public improvements. City Administrator Peterson will address this issue via memo. NEW BUSINESS Alderman Locke asked staff to remove and follow-up on the signs placed on telephone poles in the right-of-way at several locations in the City. He further reported that the Thornwood drainage ditch fence is an eyesore. It is continually in need of repair. The Northwest Property Management Association has not acted promptly on this issue. He asked Council permission to remove the fence and have all the remaining debris cut away in an attempt to make a bad situation somewhat better. City Administrator Peterson suggested sending a letter to the Northwest Property Management Association stating the City's intent to remove the fence within a specified amount of days, and to inform them they may be exposed to some liability. Mayor Cuda directed City Administrator Peterson to also discover when the next Associations' meetings were scheduled, and send a representative to address this issue. Public Works will fix the fence until this issue is resolved. Alderman Locke also asked the Council to consider lowering the speed limit by the Riverwood Elementary School to 35 MPH from the presently posted 40 MPH. He also requested the Council's consideration of a stop sign at the intersection of Dartmoor and Waters Edge. Discussion followed. Motion by Locke, seconded by Baird, to approve a stop sign at the intersection of Waters Edge and Dartmoor. Voting Aye: Locke. Voting Nay: Lawson, Bates, Bolger. Absent: None. Abstaining: Baird. Motion failed. Alderman Bates gave an update on the Whispering Oaks Learning Center Park. Director of Parks and Recreation Merkel also noted that a landscape architect has volunteered her services to assist in drawing up the plans for this park. EXECUTIVE SESSION Motion by Lawson, seconded by Bolger, to go into Executive Session at 10:33 P.M. to discuss personnel and purchase of property. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. August 31, 1994 Page 8 Motion by Baird, seconded by Locke, to go back into Open Session at 11:35 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Locke, to approve the purchase of the Kotiw property on Green Street in the amount of $7,500.00. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to ratify the Mayor's execution of the Edna Mae Johnson real estate contract, with the deletion of the last contingency. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Bolger, Chairman of the Public Works Committee, stated that the next Committee meeting would be held on September 28th at 7:30 P.M. to discuss water rates, and to determine the street and sidewalk program. 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 11:40 P.M. MAYOR CITY LERK