HomeMy WebLinkAboutMinutes - 06/29/1994 - City Council REGULAR MEETING
JUNE 29, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, June 29, 1994 at 7:34 P.M. in the Council
Room of the Municipal Center. At roll call the following Aldermen were
present: Bates, Lawson, Locke, Baird. Alderman Bolger arrived at 7:35
P.M. Absent: None. City Staff in attendance: City Clerk Althoff, City
Administrator Peterson, City Attorney McArdle, Director of Public Works
Batt, Director of Building and Zoning Lobaito, Chief of Police Joyce.
Absent: Director of Parks and Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
Patrick Guardyak, of 3210 Sunrise View, McHenry Shores, addressed the
Council regarding the poor quality of water being distributed by the
McHenry Shores Water Company. Mayor Cuda will forward these written
concerns to the appropriate individuals at the Illinois Environmental
Protection Agency, and the Illinois Commerce Commission. Alderman Baird
suggested an informal meeting be scheduled to answer some of these
concerns. A meeting of the Public Works Committee was scheduled for July
14, 1994 at 7:00 P.M.
Dr. Dennis Zidek, and Mrs. Mryna Zidek addressed the Council
regarding the detention pond in Martin Woods II. They asked that a
retention pond be considered as a potential solution, as opposed to the
detention pond, as there may be a natural source of water continually
feeding the designated detention pond. Director of Public Works Batt was
directed to bring this matter to the attention of City Engineers Baxter &
Woodman before any specific action be taken.
Motion by -Lawson, seconded by Bolger, to approve the Consent Agenda
as follows:
(1) June 1, 1994 Regular City Coun_•'_.: r..�
(2) June 13, 1994 Regular City Cou.--,ci—;.
(3) June 15, 1994 Special City Coy:: Meeting liinutes;
(4) Final Payment to Hayes Plumbing for Central Wastewater Treatment
Plant Improvements, $26,918.80;
(5) Final Payment to Alliance Contractors for Whispering Oaks Park
Parking Lot improvements, $55,397.50;
(6) Final Payment to Berthold Nursery for Whispering Oaks Park
Landscape Improvements, $9,684.50;
(7) Block Party Requests, as follows:
- July 4, 1994, Barnwood Trail (Winding Creek);
- July 30, 1994, Veretta Court (Winding Creek), 11:00 a.m -10:00 p.m. ;
August 6, 1994, Malibu Ct. (Winding Crk./Malibu Estates) , 2:00 p.m. ;
(8) Request from Chain-O-Lakes Fox River Waterway Management Agency to
use the Municipal Center classroom on 8/11, 10/13, and 12/8 from
7:00 p.m.- 10:00 p.m. ;
(9) Picnic/Beer Permits;
(10) May Treasurer's Report;
(11) May Budget Report
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
HOMEOWNERS' REQUEST TO REVIEW SANITARY SEWER CAPITAL DEVELOPMENT FEES
A petition was received by the City from the residents of the Country
Club Estates subdivision requesting the City consider a reduction or
elimination of the Capital Development fees for their individual service
connections to the sanitary sewer main. Director of Public Works Batt
explained how these capital development fees were formulated. Further
discussion ensued.
Motion by Bates, seconded by Baird, to freeze the current capital
development fees for the residents of the Country Club Estates
subdivision from June 29, 1994 through September 30, 1997, with the
�- understanding that if at any time between June 29, 1994 and September 30,
1997 that these capital development fees are reduced, the residents of
the Country Club Estates subdivision shall be able to take advantage of
this reduction.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
June 29, 1994 Page 2
Mayor Cuda called for a recess at 9:18 P.M. The meeting was
reconvened at 9:27 P.M. with everyone still in attendance.
ZONING RECLASSIFICATION AND VARIANCES FOR 1309 N. RICHMOND ROAD -
COONEY/ZOIA PROPERTY
John Roth, attorney for the petitioners, noted that the two concerns
raised by both the Zoning Board of Appeals and the City Council back in
1993, (1) stormwater detention engineering, and (2) ingress and egress to
Freund Avenue, have been addressed. Stormwater detention will be
provided on the western and central portion of the property, and a
combined ingress/egress to Route 31 has been designed with no vehicular
access to Freund Avenue. Discussion followed relating to traffic
congestion, open space, and how this petition complies with McHenry's
Comprehensive Plan.
Motion by Bates, to concur with the Zoning Board of Appeals'
recommendation and deny the requested zoning reclassification and
variations on the Cooney/Zoia property located at 1309 N. Richmond Road.
Motion failed for lack of a second.
Motion by Bolger, seconded by Locke, to grant the following three
variations to Cooney/Zoia property, located at 1309 N. Richmond Road:
(1) Reduce minimum lot width from 200' to 66' ;
(2) Allow parking on the east 264' of the south side yard of the
property; and,
(3) Eliminate the parking area screening requirement within the
south side yard to allow parking spaces to be, located within the
screened stripped area;
subject to the following six conditions:
(a) limit signage to monument-type, not to exceed 8 feet in height;
(b) submittal of a staff-approved landscaping plan;
(c) allow no vehicular access to Freund Avenue;
(d) allow right-in, right-out only;
(e) provide for possible future joint access with property to the
north through dedicated cross easement agreement;
(f) zoning reclassification to 0-1 Local Office.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Baird, seconded by Lawson, to rezone the Cooney/Zoia
property located at 1309 N. Richmond Road from RM-2 and RS-4 to 0-1 Local
Office.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR WATER AND SEWER EXTENSION AND ANNEXATION OF 4506 W. HI-POINT
ROAD
Ron Bykowski, owner of the property located at 4506 W. Hi-Point
Road, is requesting authorization to connect to the City's water and
sewer system at this location. A current tenant wishes Mr. Bykowski to
add a substantial addition to the existing building located on the
property, compelling Mr. Bykowski to obtain City water and sewer service
as quickly as possible. Upon inquiry Mr. Bykowski affirmed his plans to
seek annexation of this property to the City in the near future, and his
understanding that the property is subject to a recapture agreement for
water and sewer.
Motion by Baird, seconded by Bolger, to approve the extension of City
water and sewer service to 4506 W. Hi-Point Road, subject to staff
approved engineering and the understanding that Mr. Bykowski will be
seeking annexation of this property to the City.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
June 29, 1994 Page 3
FENCE VARIATION REQUEST - 905 HILLTOP BLVD., MARK AND LISA TILTON
�,. Mark and Lisa Tilton, who own a corner lot at 905 Hilltop Blvd. , are
requesting approval to install a privacy fence on their property line
along the backyard. Current City fence regulations require a 15' setback
for corner side yard fences. Staff has noted no particular hardship for
this property which is not experienced by all corner yard property
owners. Mr. Tilton cited the unimproved state of Beach Road, which is
adjacent to his property, as his hardship. Discussion followed.
Motion by Baird, seconded by Locke, to approve the 15' variation
permitting the installation of a fence on the property line in a corner
side yard located at 905 Hilltop Blvd.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
GARY LANG TEMPORARY USE/SIGN REQUEST
Gary Lang of Gary Lang Chevrolet requested Council approval for
additional temporary uses and signs for his Chevrolet and Cadillac
dealership. Present City regulations permits only two temporary uses per
calendar year with each not to exceed 30 days, and two temporary signs
per calendar year with each sign not to exceed 45 days. Mr. Lang
distributed his proposed sign schedule for both dealerships for the
remainder of the 1994 and 1995 calendar years.
Motion by Baird, seconded by Bates, to grant a variance to Gary Lang
Chevrolet GEO, and Gary Lang Pontiac, Cadillac, Subaru dealerships for
additional temporary uses and signs for special events, subject to the
following schedule:
--- Year 1994 - Chevrolet Dealership
Granted
1. Temporary Uses 2 - 61 days
2. Temporary Signs 3 - 52 days
Cadillac Dealership
1. Temporary Uses 2 - 62 days
2. Temporary Signs 0
Year 1995 - Chevrolet Dealership
Granted
1. Temporary Uses 1 - 30 days
2. Temporary Signs 5 - 77 days
Cadillac Dealership
1. Temporary Uses 3 - 92 days
2. Temporary Signs 3 - 10 days
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO PASS SOVEREIGNTY RESOLUTION
Mr. Ken Bohnsack, Chairman of the Sovereignty Proposal, is requesting
Council pass a resolution in support of efforts to hold an advisory
resolution to request the Uniced States Congress to issue interest-free
loans to tax supported bodies for funding capital projects and paying off
�... existing debts. Mr. Bohnsack made his presentation reviewing his
not-for-profit organization's origin, membership, and proposal. A
question and answer period followed.
June 29, 1994 Page 4
Motion by Bates, seconded by Lawson, to pass a resolution expressing
support of efforts to hold an advisory resolution to request the United .1*N
States Congress to issue interest-free loans to tax supported bodies for
funding capital projects and paying off existing debts.
Voting Aye: Bolger, Bates, Lawson.
Voting Nay: Locke.
Abstaining: Baird.
Absent: None.
Motion carried.
RESOLUTION IN SUPPORT OF GRANT APPLICATION - BROOKSIDE PARK APPROVAL OF
CONTRACTUAL SERVICES WITH CONSERVATION SERVICES
The Parks and Recreation Committee had previously presented to
Council their plans to apply for a land purchase and a land development
grant under the Department of Conservation's Open Space Land Acquisition
Development Program. Recently, the City was awarded a grant for the
purchase of the Mass Farm Property. The Parks and Recreation Committee
feels that due to these recent events, it would be appropriate to submit
only one grant, that being the development grant for the purpose of
developing Brookside Park. It is recommended by the Parks and Recreation
Committee and staff to allow Ken Fiske of Conservation Services to assist
in the grant application.
Motion by Baird, seconded by Locke, to authorize staff to submit a
grant application to the Illinois Department of Conservation on behalf of
the City for the development of Brookside Park, and pass a resolution in
support of the City's grant application and authorize Conservation
Services to prepare the grant documentation with costs not to exceed
$1,200.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID - PRINTING OF PARKS FALL BROCHURE
Bids for the printing of this brochure were sought. A total of five
bids was_ received and opened Wednesday, June 22, 1994. It is the
recommendation of Parks and Recreation Director Merkel to award the bid
to the lowest bidder McHenry Printing in the amount of $3,139.30.
Motion by Lawson, seconded by Baird, to award the bid for the
printing of the Parks Fall brochure to the lowest bidder, McHenry
Printing, in the amount of $3,139.30.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID - PARKS UTILITY TRACTOR PURCHASE
Bids for the purchase of one utility tractor were opened on Tuesday,
June 21, 1994. A total of four bids was received. It is the
recommendation of Parks and Recreation Director Merkel to award the bid
to the lowest bidder, Lewis Equipment of Crystal Lake, in the amount of
$9,863.84.
Motion by Bates, seconded by Lawson, to award the bid for the
purchase of a utility tractor to the lowest bidder, Lewis Equipment
Company of Crystal Lake, in the amount of $9,863.84.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
June 29, 1994 Page 5
ORDINANCE AMENDING INOPERABLE MOTOR VEHICLES ORDINANCE
\, Motion by Lawson, seconded by Baird, to pass an ordinance amending
inoperable motor vehicle provisions of the Municipal Code, Section 27-1.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE INCREASING BUILDING PERMIT FEES
Motion by Baird, seconded by Bates, to pass an ordinance amending
Chapter 7 of the Municipal Code by increasing the building permit and
inspection fees.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR PERMISSION TO ADVERTISE FOR ENGINEERING INSPECTOR
Motion by Baird, seconded by Lawson, to authorize staff to advertise
for applicants to fill the engineering inspector position.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported that Thomas Rupp, attorney for the Busch-Knox
--- property, will be filing an amended zoning petition with the Zoning Board
of Appeals. The petition will be an agenda item at the Zoning Board of
Appeals' July 18th meeting.
Mayor Cuda also noted that he was postponing his appointment to the
Plan Commission in order to review a newly submitted application.
COMMITTEE REPORTS
Alderman Bates, Chairman of the Parks and Recreation Committee,
reported that the minutes from the May meeting had been included in the
agenda packets, and that the minutes from the June meeting at the Mass
Property would be forthcoming.
STAFF REPORTS
Director of Building and Zoning Lobaito drew the Council's attention
to a letter received from Roger Gerstad of Gerstad Builders requesting
that the City increase the minimum driveway widths for three-car
garages. The present ordinance permits a 24' curb cut. Mr. Gerstad is
requesting an increase to 28' or 301 . Some discussion followed, and it
was the Council's consensus to deny Mr. Gerstad's request.
Director of Public Works Batt informed the Council that the Country
Club Estates sanitary sewer project was just about complete, with the
exception of two lift stations. Director Batt also noted that the
residents of Country Club Estates will be notified in the near future
that they may now connect to the sanitary sewer line.
Chief of Police Joyce informed the Council that two new officers
started school Monday, June 27, 1994 and graduation is scheduled for
September 2, 1994.
City Administrator Peterson drew Council's attention to his memo
regarding the water and sewer rates.
City Clerk Althoff informed Council that local photographer Cliff
Neis has offered to donate his services for a group photograph. This
photograph taking has been scheduled for Wednesday, July 13th at 7:00
P.M. , prior to the regularly scheduled Council meeting.
June 29, 1994 Page 6
NEW BUSINESS
Alderman Bolger requested Director of Building and Zoning Lobaito
inspect China Light's aluminum overhang, as it has been reported that
several sections of this overhang have fallen.
Alderman Bolger also noted that a new basement is being built by the
property owners at 3515 Fairway, one lot south of the Hamlin's, and
inquired whether Director Lobaito or Director Batt had any conversation
with these people regarding the drainage problem. Director Lobaito
responded that he had spoken to the owners, and they were aware of the
drainage problems as well as the Council's suggestion that the City
install a drainage pipe if the homeowner's were willing to purchase the
necessary materials and hire an engineer to supervise the project.
Alderman Bolger completed his report with a special word of
commendation for Kyle Wood and his Eagle Scout Troop #131, for selecting
the City's Adopt a Street program for their special project.
Motion by Bolger, seconded by Bates to pass a resolution commending
Boy Scout Troop #131 for their civic interest.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Bates noted he had scheduled two meetings for Friday
afternoon in the Aldermen's Council room, one at 3:30 P.M. with Dan
Curran, and the other at 4:00 P.M. with John Colomer.
Alderman Baird requested a copy of the June 20, 1994 Zoning Board of
Appeals meeting minutes.
Motion by Bates, seconded by Lock, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 11:08 P.M.
CIT LERK MAYOR
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