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HomeMy WebLinkAboutMinutes - 09/01/1993 - City Council REGULAR MEETING WEDNESDAY, SEPTEMBER 1 , 1993 The Regular Meeting of the McHenry City Council was called' to order by Mayor Cuda on Wednesday, September 1 , 1993 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Lawson, Baird. Bates arrived at 7:40 P.M. Absent: None. City Staff in attendance: City Clerk Gilpin, City Administrator Peterson, City Attorney McArdle, Director of Public Works Batt, Director of Parks and Recreation Merkel , Director of Building and Zoning Lobaito, Chief of Police Joyce. Absent: None. TEN MINUTE PUBLIC INPUT SESSION During the ten minute public input session, Andrew Glab of 5001 Oakwood Drive told the Council a group of citizens in the West Shore Beach Subdivision were interested in seeking annexation to the City. He asked the City to sponsor his group to apply for a Grant from the State of Illinois Community Development Asssitance Program (CDAP) to get money to do a survey in West Shore Beach Subdivision to see about possible annexation to the City. The matter was referred to the Public Works Committee for further discussion. CONSENT AGENDA Consent Agenda item No.4 referred to reappointments by the Mayor of individuals to various Boards and Commissions. Alderman Locke asked that the reappointment recommendations be removed from the Consent Agemda. Motion by Bates, seconded by Locke, to approve the Consent Agenda as follows: (1 ) August 11 , 1993 Regular City Council Meeting Minutes; (2) August 18, 1993 Regular City Council Meeting Minutes; (3) Request from Norshore Alarm Company to connect St. Patrick's School to the Police Alarm Board; (4) Payment #2 to Wm. A. Randolph, Inc. for Water Treatment Plant #4 in the amount of $72,622.40; (5) Request of Holy Apostles' Church for a Walk-A-Thon on Saturday, October 16, 1993, 8 A.M.-Noon; 67) Waive the sign permit fee for the McHenry Area Chamber of Commerce to conduct its Country Meadow Craft Show on September 19. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PRELIMINARY AND FINAL PLAT - ALTHOFF'S SOUTH FRONT SUBDIVISION Attorney James Young representing Althoff' s Subdivision appeared before the Council to answer questions concerning the Preliminary and Final Plats as presented. The property in question is located between Front Street and Dale Avenue, approximately 155 feet north of High Street. It contains approximately 1 .9 acres. The subdivision would create three residential lots. Since no public utilities or roads are necessary for this subdivision, the property was eligible for the fast-tract process which allows Preliminary and Final Plats to be submitted at the same time to the City Council without Plan Commission review. The staff pointed out that according to the Subdivision Control Ordinance, the depth of Lot 3 is excessive in relation to its width. The parcel in question is 393.04 feet in depth, which should provide a minimum width of 157 feet. The width provided is 149 feet. A waiver of that requirement would be necessary. Also, a $5,000 title commitment must be provided along with a soil report from the McHenry County Soil and Water Conservation District. Motion by Bolger, seconded by Baird, to approve the Preliminary and Final Plats of Althoff's South Front Subdivision and to waive the Lot 3 dimension from 157 feet to 149 feet for minimum width, with approval contingent upon receipt of a $5000 title commitment and a Soil Report. September 1 , 1993 Page 2. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ZONING REVISION REQUEST BY DOBYNS' HOUSE Dobyns' House owner Chuck Miller appeared before the Zoning Board of Appeals seeking rezoning of two parcels on the south end of Riverside Drive from RS-4 to C-4. He intends to use the property to provide additional parking space for his restaurant. At the August 2, 1993 Zoning Board of Appeals' hearing, there was a vote of 5-2 to deny the request for rezoning. Objectors Patricia Diedrich and her son, Tony Diedrich, addressed the Council to speak on behalf of Tom and Marie Diedrich, who live at 1208 N. Park Street, adjacent to the existing parking lot. They were concerned about future development of that lot. The Council expressed concern about creating C-4 zoning in this area because there are no parking requirements and a zero building line setback is allowed in the C-4 Zoning District. Mr. Miller intends to use the property for parking at this time, but should it be sold, the Council was afraid a problem would exist if the property was built upon. Motion by Bolger, seconded by Locke, to pass an ordinance granting the C-4 zoning to Dobyns' House; to authorize the City to enter into a separate agreement with Mr. Miller stating that for a two year period of time, the property in question will only be used for parking; that screening will be provided along the entire length of the west line of the parking lot, from north to south abutting 3315 Venice Drive. Voting Aye: Bolger, Locke. Voting Nay: Bates, Lawson, Baird. Absent: None. Motion did not carry. Mayor Cuda called for a recess at 8:38 P.M. The meeting reconvened at 8:50 P.M. with everyone still in attendance. Alderman Baird suggested that the Aldermen should review the C-4 zoning for possibly revisions. Motion by Baird, seconded by Locke, to reconsider the Dobyns' House Petition for rezoning. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Bolger, to table any action on the Dobyns' House zoning until the Council has a chance to take a look at the C-4 Zoning District in detail . Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. FAMILY SPORTS CENTER REQUEST FOR ADDITIONAL AMUSEMENT DEVISES Joseph D'Angelo, owner of the McHenry Specialties/Family Sports Center, located at 5300 W. Elm Street, requested a variance to allow eight additional mechanical amusement devices (for a total of 19) to be placed at his business. September 1 , 1993 Page 3. Motion by Bates, seconded by Lawson, to approve D'Angelo's request and grant permission for an additional eight mechanical amusement devices (for a total of 19) at the Family Sports Center. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PLAN COMMISSION REQUEST TO REVIEW ALL ANNEXATION AGREEMENTS At the August 5, 1993 Plan Commission meeting, the members recommended that the City Council pass an ordinance which would provide for Plan Commission review of all proposed Annexation Agreements. Chairman of the Plan Commission, Vicki Sheppard, addressed the Council and stated that the Plan Commission felt they could keep an eye on appearance standards and practices, saving the City Council valuable time. She said it was not the intention of the Plan Commission to usurp the authority of the City Council . It was to be of assistance to the Council . Following discussion it was decided that the City Clerk should submit all Annexation Agreements to the Plan Commission for their information. Mayor Cuda also suggested that the Subdivision Control Ordinance be updated or redone because it was a very confusing document. There was also discussion on amending the City's procedures to require all developments to be reviewed by the Plan Commission prior to City Council review and to include the Plan Commission as the review body for Planned Unit Developments instead of the Zoning Board of Appeals as is currently the policy. No action was taken on these two suggestions. ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN Baxter and Woodman submitted an Engineering Services Agreement for inspection and general construction services in connectin with development of Water Treatment Plant #4. The original amount was $90,000.00. Carl Moon of Baxter and Woodman addressed the Council and reported that they were submitting an amended Agreement in an amount not to exceed $70,000.00. Motion by Lawson, seconded by Bates, to authorize the Mayor and City Clerk to enter into an Engineering Services Agreement Amendment No. 1 with Baxter and Woodman for inspection and general construction services for development of Water Treatment Plant #4 in an amount not to exceed $709000.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. SEWER LINE REPAIRS TO WAUKEGAN ROAD Director of Public Works Batt reported that a road failure on Waukegan Road was the result of a sanitary sewer collapse under the road. The sewer line was televised and it was determined that significant infiltration was occurring. Quotations were obtained from four firms to repair the sewer line. The lowest quote came from Visu Sewer Clean and Seal , Inc. , in the amount of $28,500.00. Motion by Bolger, seconded by Baird, to authorize repairs to approximately 750 feet of the Waukegan Road sanitary sewer line from Green Street west to Third Street and to award a contract to Vi su Sewer Clean and Seal , Inc. , in the amount of $28,500.00 for this work. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. September 1 , 1993 Page 4. GRASS SEEDING OF NORTH OAK PARK North Oak Park, a 3.3 acre park located in the Oaks of McHenry Subdivision, is in need of final grading and seeding prior to any further development of park facilities at the site. Quotes were obtained from three landscaping firms. Motion by Bolger, seconded by Lawson, to award a contract to Custom Landscaping, who had the lowest quote, in the amount of $1 ,985.00 for grass seeding at North Oak Park, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. CLEAN LAKES PHASE II AGREEMENT WITH NIPC The City was successful in receiving a Phase II Clean Lakes Grant from the USEPA. The Grant implements the McCullom Lake restoration strategies identified in the Phase I study. As a part of the Grant award, $52,000.00 in consulting costs were included for technical consultation. This amount was included in the $182,655.00 Grant awarded to the City. Motion by Baird, seconded by Lawson, to authorize the Mayor and City Clerk to enter into an agreement with the Northeastern Illinois Planning Commission for consulting services in implementing Phase II of the Clean Lakes Grant in the amount of $52,000.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. WHENRY CORPORATE CENTER - FOLLETT SOFTWARE CO. Mayor Cuda explained that Prime Commercial Corporation was in the process of purchasing a six and one-half acre site in the McHenry Corporate Center. Prime intends to develop this site with a large building to be leased or purhased by the Follett Corporation. Prime was requesting that the City issue a building permit prior to the City's approval of a Preliminary or Final Plat of Subdivision in accordance with the City's Subdivision Control Ordinance. In order to implement their request, a Subdividor's Agreement was drafted by City Attorney McArdle between the City and Prime Commercial Corporation. It was pointed out that because Follett' s current leasehold expires in the Spring of 1994, Prime Commercial Corporation requested that the City issue a building permit so that construction of the Follett building could begin on an expedited basis. In attendance at the meeting to answer questions of the Counil were Kit Carstens and Scott Dixon of McHenry Corporate Center and their attorney, Dan Curran. In the Subdivider's Agreement, the City would consent to issuing a building permit upon Prime's submission to the City of a Preliminary Plat and Concept Plan, including the Follett parcel . The City would not issue an Occupancy Permit for the Follett building until developers comply with all terms of the Annexation Agreement, the City Subdivision Control -- Ordinance and other City regulations and ordinanes. Motion by Bolger, seconded by Locke, to authorize the Mayor and City Clerk to sign the Subdividor's Agreement with Prime Commercial Corporation as presented, and to issue a building permit as requested. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. September 1 , 1993 Page 5. EXECUTIVE SESSION Motion by Locke, seconded by Bolger, to go into Executive Session at 10:30 P.M. to discuss personnel , property acquisition and potential 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 11 :10 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Bates, to approve the Mayor's appointments to the Boards and Commissions as follows: BOARD/COMMISSION NAME EXPIRATION DATE Board of Health August M. Rosetti , M.D. 4-30-94 ESDA Thomas Jenkins 4-30-94 Landmark Commission Adele Froehlich 4-30-95 Barbara Bryon 4-30-95 Carol Jean Smith 4-30-95 Donnabelle Doherty 4-30-95 Marya Dixon 4-30-95 Loretta Wilhelm 4-30-95 Carl W. Fredrickson 4-30-95 Environmental Adv. Ctte Michael Tata 4-30-95 Elizabeth Nolan 4-30-95 Alice Howenstine 4-30-95 Police Pension Board Wayne Amore 4-30-95 Police Commission Tod Althoff 4-30-96 Voting Aye: Bolger, Bates, Lawson, Baird. Voting Nay: Locke. Absent: None. Motion carried. ADJOURNMENT Motion by Bates, seconded by Locke, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Meeting adjourned at 11 :13 P.M. r0• �. Z, 1 y er cMayor