HomeMy WebLinkAboutMinutes - 10/20/1993 - City Council REGULAR MEETING
OCTOBER 20, 1993
The regular meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, October 20, 1993 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: City Clerk Gilpin, City Attorney McArdle, City
Administrator Peterson, Director of Public Works Batt, Director of Parks
and Recreation Merkel, Director of Building and Zoning Lobaito. Absent:
Chief Joyce.
TEN MINUTE PUBLIC INPUT SESSION
j Nikki Sacks, Community Development Vice President of the McHenry Area
Jaycees, addressed the Council to request permission to conduct a Jaycees
Christmas Parade on Sunday, November 14, 1993 at 10:00 A.M.
Motion by Bolger, seconded by Lawson, to grant permission to the
McHenry Area Jaycees and pass a resolution requesting State permission to
conduct a parade on portions of State Routes 31 and 120.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA
Five items were on the consent agenda for approval. It was decided
to eliminate item #5, which was approval of the September bills, because
the Aldermen did not receive copies of the bills to review before the
meeting.
Motion by Lawson, seconded by Bolger, to approve the Consent Agenda
as follows:
(1) Tuition reimbursement request for Wm. Brogan, Phys. 433, $270.00;
(2) Interest payment on 1988 Waterworks and Sewerage Revenue Bond to
LaSalle National Bank, $74,310.18;
(3) September Treasurer's Report, as presented;
(4) September Budget Report, as presented;
i,—"
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
FENCE VARIATION REQUEST
Karl Hertel, of 3220 Bretons Drive, requested a fence variation to
allow him to install a 42" scalloped fence on his corner side yard
property line.
Motion by Baird, seconded by Lawson, to approve the variance request
of Karl Hertel for a fence variation at 3220 Bretons Drive, on the
condition that it does not impede drainage in the rear yard easement, and
in the event utility work is conducted in the drainage easement, removal
and reinstallation of the fence would be at the homeowner's expense.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
VARIANCE FOR SATELLITE DISH — TARGET STORE
The Target Store requested permission to install a satellite dish on
the roof of its building in the McCullom Place Shopping Center. It would
be used as a communications satellite for data lines.
Motion by Bolger, seconded by Locke, to approve the variance request
of Target, and permit installation of a satellite dish on the roof of
their building, provided the petitioner works with the Director of
Building and Zoning to completely eliminate or reduce as much as possible
any visual impact of the satellite dish.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
October 20, 1993 Page 2
REDUCTION IN LETTER OF CREDIT FOR MARTIN WOODS, UNIT II
This item was removed from the agenda.
PROPOSED WHITE OAK RIDGE ANNEXATION
The Mayor announced that he had received a letter from developer
Frank Gradishar of White Oak Ridge stating that he had received the Fee
Schedule Proposal submitted by City Administrator Peterson for his
review. Three conditions were proposed by Gradishar for annexation of
his development into the City:
(1) 11$500 per acre annexation fee up front, $1,000 per unit anneexation
fee at the time of building permit;
(2) The operation fees would have to be deleted entirely as the Ad Hoc
Committee, itself representing the very recipient of these funds,
voted to waive these fees for White Oak Ridge.
(3) The impact fees would have to be the fees prescribed by the current
City schedule, and not the 10% higher impact fees offered to them."
Following discussion, the consensus of the Council was:
(1) Annexation fees would be $1,000 per acre, and $500 per unit; time of
payment could be negotiated;
(2) Operation fees would be required; time of payment could be negotiated;
(3) The impact fees would have to be at 110%, the same as in the
Gerstad/Hillside annexation agreement.
Mayor Cuda said he would pass the information on to developers Frank
Gradishar and Scott Hunt.
It was suggested that concerning impact fees, the fee schedule should
be increased by the annual CPI average beginning January 2, 1995 for all
annexation agreements.
CITY SUPPORT FOR TRAFFIC SIGNAL AT McCULLOM PLACE SHOPPING CENTER
George Hanus, President of Aetna Development Corporation, expressed a
desire to pursue signalization of the south main entrance to the shopping
center. He indicated he would spearhead this effort with the Illinois
Department of Transportation, and asked the City to send a letter to IDOT
in support of pursuing signalization at this entrance in anticipation of
the traffic to be generated from the development. The costs for
installation of this traffic signal are to be prorated among Target, the
Aetna Development Group, and Arby's.
Motion by Bolger, seconded by Bates, to take no action at this time.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
COMPLETION OF PUBLIC IMPROVEMENTS IN THE OAKS OF McHENRY
The City received a check in the amount of $214,577.00 from
Hemphill's Letter of Credit for public improvements in the Oaks of
McHenry, Phase I subdivision. Staff is recommending that the Council
authorize seeking written proposals for completion of public improvements
and punchlist items as quickly as possible. It is the intent to seek
written proposals from Gerstad Builders, Granite Builders, and other
developers to see if they would be interested in submitting written _
proposals to act as the general contractor to complete the public
improvements.
Motion by Lawson, seconded by Bates, to authorize the staff to seek
written proposals from local developers to act as general contractors to
complete the public improvements and punchlist items, and have those
proposals brought back to the City Council for further action.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
October 13, 1993 Page 3
VARIANCE REQUEST OF AMERICAN NATIONAL BANK AND AETNA DEVELOPMENT CORP.
The petitioner's, American National Bank and Trust and Aetna
Development Corporation, were represented by Architect David Mangurten
and Attorney Lawrence Freidman. The petitioner's were making the same
request that Dayton-Hudson had made in the previous motion for a 0 lot
line. In order to have a unified appearance with the Target Store, they
were seeking approvals for a 0 lot line setback to create the appearance
of a single building. The Zoning Board of Appeals recommended approval
of the petitioner's request on a 6-0 vote that the variance be granted
for the interior side yard at the north property boundary and that it
extend from the northwest corner of the petitioner's building east to a
point not to exceed 130 feet; that any alcove created by the erection of
the two buildings would be fenced as required by the City; and that the
owners of the two buildings enter into an agreement assuring that the
fence be installed.
Motion by Lawson, seconded by Baird, to concur with the Zoning Board
of Appeals' recommendation and approve an ordinance granting the
variation request of American National Bank and Aetna Development
Corporation for a 0 lot line for the interior side yard at the north
property boundary, contingent upon the 0 lot line extending from the
northwest corner of the petitioner's building east to a point not to
exceed 130 feet; and that an agreement be entered into between
Dayton-Hudson and American National Bank and Aetna Development
Corporation to assure that any alcove created by the erection of the two
buildings would be fenced, and to authorize the City Attorney to draft
the ordinance. .
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
VARIANCE REQUEST - R.B. SKOKIE CORPORATION, ARBY'S RESTAURANT
R.B. Skokie Corporation represented by President Henry Green,
addressed the Council to request three variances for the construction of
an Arby's restaurant in the McCullom Place Shopping Center. The specific
variations were: 1 ) reduction of the rear property line setback from 15
feet to 11 feet; 2) reduction of required screening berm along the west
side of the property adjacent to Route 31 from 3 1/2 feet to 2 feet; 3)
granting a conditional use for a drive-thru restaurant. The Zoning Board
of Appeals voted as follows: 6-1 to approve the conditional use request
for a drive-thru restaurant; 5-2 to approve the reduction in the rear
yard setback from 15 feet to 11 feet; and 7-0 to deny the request to
reduce the berm from 3 1/2 feet to 2 feet.
Motion by Baird, seconded by Bolger, to concur with the Zoning Board
of Appeals' recommendation and pass an ordinance granting the variation
for the reduction of the rear property line setback from 15 feet to 11
feet, and for a conditional use for a drive-thru restaurant conditioned
upon Arby's Restaurant working with the Director of Building and Zoning
to have a minimum 6 foot curb barrier along the rear lot line with access
for an exit and entrance.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
Motion by Baird, seconded by Bates, to concur with the Zoning Board
of Appeals' recommendation and deny Arby's request for a variation to
reduce the required screening berm along the west side of the property
from 3 1/2 to 2 feet.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda called for a recess at 9:25 P.M. The meeting reconvened
at 9:40 P.M. with everyone in attendance.
October 20, 1993 Page 3
MAYOR — STATEMENT AND REPORTS
The McHenry Public Library District requested use of the Municipal
Center Council Room for a public meeting on November 1 or 2, 1993.
Motion by Bolger, seconded by Baird, to grant permission to the
McHenry Public Library District to use the Council Chambers on November 1
or 2, 1993 for a public hearing.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda presented a proclamation which was requested by the
Knights of Columbus.
Motion by Bates, seconded by Baird, to authorize the Mayor to pass a
proclamation proclaiming October 22 and 23, 1993 as "Help Mentally
Handicapped Citizens" Days in McHenry, and urged all citizens to be
cognizant of the K of C's special fundraising efforts and to cooperate in
this campaign.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda called for a recess at 8:35 P.M. The meeting reconvened
at 8:45 P.M.
NEW BUSINESS
Alderman Locke reported that he had received the names of 16 people
objecting to the Council's action of locating Leather's Playground in the
Whispering Oaks Park. Following discussion, no action was taken by the
Council to reverse its decision to locate the playground in Whispering
Oaks Park.
Alderman Bolger called for a Public Works meeting to be held on
Tuesday, November 16, 1993 in the Council Chambers at 7:30 P.M. The
purpose of the meeting will be to discuss the possible annexation of West
Shore Beach.
EXECUTIVE SESSION
Motion by Locke, seconded by Lawson, to go into Executive Session at
9:05 P.M. to discuss personnel, pending litigation, property acquisition,
and eminent litigation.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Lawson, to go back into Open Session at
9:35 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bates, seconded by Locke, to approve the Mayor's hiring of
Carol Holian, of 5008 Glenbrook Trail, for a Public Works Secretary, to
be paid at Grade 7, Minimum step salary of $22,981.00, with her
employment to begin as soon as she is able to start work.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
October 20, 1993 Page 4
Discussion was held on the City Attorney's salary. It was noted that
the City Ordinance requires that the City Attorney be paid a retainer of
$1,000 per year for attending all regular City Council meetings. The
present City Attorney is paid an hourly rate for attending all regular
meetings.
Motion by Bolger, seconded by Lawson, to pass an ordinance repealing
Section 2-113 of the City Municipal Code, which required the City
Attorney to be paid an annual retainer fee of $1,000.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMEPT
Motion by Bates, seconded by Locke, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 10:00 P.M.
CITY CLERK MAYOR