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HomeMy WebLinkAboutMinutes - 07/12/1995 - City Council REGULAR MEETING WEDNESDAY, JULY 12, 1995 The regular meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, July 12, 1995 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Bates, Baird. Absent: Lawson. City Staff in attendance were City Clerk Althoff, Director of Public Works Batt. Absent: City Administrator Peterson, City Attorney McArdle, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel, Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION Terry Young of Dartmoor Drive addressed Council stating his opposition to the extension of Dartmoor Drive west across Boone Creek. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows: (1) June 28, 1995 Special City Council Meeting Minutes; (2) Block Party Request - Patricia Harter, 1910 Redwood Lane, Oaks of McHenry, 8/26; (3) Approval of Semi-Annual Distribution of Developer Donation Fees from 1/1/95 through 6/30/95 as follows: School Dist. 15 - $1 13,760.40; School Dist. 156 - $61 ,255.50; McHenry Public Library Dist. - $15,900.00; McHenry Fire Protection Dist. - $16,112.00; Total $207,028.00; (4) Picnic/Beer Permits; Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. ANNEXATION AND ZONING - INLAND McCULLOM LAKE ROAD PROPERTY At its July 5, 1995 meeting, Council deferred this item until a copy of the Inland Business Park Annexation Agreement, incorporating the comments made at Council's June 21 , 1995 meeting, was available for review. An executed copy of the agreement was delivered to the City Clerk's office on Monday, July 10, 1995 and has been reviewed by the City Attorney and the City Administrator. After discussion, the Council determined to defer this item until the July 26, 1995 Council meeting. Motion by Locke, seconded by Bates, to table the approval of the annexation and zoning ordinances for the Inland McCullom Lake Road property until July 26, 1995, the next regularly scheduled Council meeting. Voting Aye: Bolger, Locke, Bates. Voting Nay: Baird. Absent: Lawson. Motion carried. COUNTRY CLUB ESTATES SANITARY SEWER CONNECTION - SKYWAY AT LINDA At the July 5, 1995 regular City Council meeting, Council requested additional information regarding a sanitary sewer connection for a home located at Linda and Skyway in Country Club Estates. The sewer stub left for this particular residence was 8"-12" too high to allow a gravity connection. The sewer main, however, is low enough to permit a gravity sewer at this address. In the past, City crews have always been able to complete the work on these projects. At this location, however, there is too much water and unstable soil to perform the work safely with City-owned equipment. Staff contacted four contractors and obtained two proposals to perform the work, Hughes Excavating, Inc. in the amount of $5,900.00, and Garrelts Plumbing in the amount of $5,957.74. Currently, 36 homes are connected, 8 permits are issued awaiting connection, and 33 homes have yet to apply. July 12, 1995 Page 2 Forty-one homes could potentially have a similar problem, however, the likelihood is slim. The lots of greatest concern would be those on the south side of Skyway, most of which are not yet connected. Some discussion followed. Motion by Baird, seconded by Bolger, to approve the hiring of Hughes Excavating, Inc. to connect 3416 Skyway in Country Club Estates to the trunk sewer at a cost not to exceed $5,900.00 due to the sewer stub being 8"-12" too high to allow a gravity connection. _ Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. MASS BARN PROPERTY REPAIRS UPDATE Mayor Cuda recognized Gloria Mack, president of the McHenry County Historical Preservation Society. Ms. Mack requested Council reconsider the vinyl siding of the Mass Barn. She cited the desire to maintain the structure as a landmark, and vinyl siding would change the historical integrity of the structure. She informed the Council of possible grant opportunities and requested a historical architect review the building in order to make recommendations. Director of Public Works Batt informed Council, upon further investigation, the electrical service for the barn was found off-site and must be relocated to an area on the barn property. These repairs will cost substantially more than the amount quoted at the last regular Council meeting on July 5, 1995. Some discussion followed regarding application for landmark status. Director Batt also noted contact with Mr. Richard Bott. Mr. Bott restores barns and will, for a nominal fee, make recommendations on the barn's roof repairs. Alderman Bolger requested Council defer —' any further discussion on the barn repairs and/or renovation, as he would like to further investigate potential individual donations for the barn's renovation. Further discussion followed. It was the consensus of Council to go forward with the electrical repairs as discussed and to send further discussion on the renovation and plaquing of the barn to the Public Works Committee. ADOPT-A-HIGHWAY PROGRAM Director of Public Works Batt informed Council that the City has sponsored for the last few years a street adoption program. Several community groups volunteer to regularly pick up litter along non-residential City streets. Similar programs along State Route 31 and Route 120 require the City to enter into a sponsoring agreement with the Illinois Department of Transportation. Director Batt noted Target Stores has already indicated a desire to adopt a section of Route 31 near McCullom Lake Road, in front of their McHenry store location. Motion by Locke, seconded by Baird, to authorize staff to submit an Adopt-A- Highway Determination of Adoptability Application with the Illinois Department of Transportation, and upon approval, to enter into the Adopt-A-Highway Program for State Route 31 and Route 120 located within the City of McHenry corporate limits. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. SUBDIVISION CONTROL ORDINANCE REVIEW The Subdivision Control Ordinance has been under review and revision for several years. Current Council began its review process of the Subdivision Control Ordinance on June 12, 1995 reviewing pages 1-8 at that time. Council begins its review of the Subdivision Control Ordinance on page 9, Section 5.4. July 12, 1995 Page 3 Section 5.4: A lengthy discussion ensued regarding the condition of final plat approval requiring each developer to donate land or, in lieu of land, cash. It was the consensus of Council that cash contributions would currently be more beneficial to the City and School Districts than land donations. Council requested the City Attorney create the appropriate language changes reflecting this reversal. Section 5.4.3: Council discussed increasing the $30,000 per acre fair market value to $100,000. Staff was directed to investigate further the current fair market value of one acre of improved land. Section 5.4.4.2.1: During the discussion of this section, Council noted the advantages of annexing to the City for a developer is the payment time frame of cash contributions. Where the territory is located outside the City boundaries but within the City's plan jurisdiction, cash contributions are required when application is made to the City to approve the final plat. However, where the territory is located within the City boundaries, cash contributions required shall be payable to the City upon the sale of each lot or parcel, or at the time application is made to the City for the issuance of a residential building permit. Section 5.4.4.3: Mayor Cuda noted that the Ad Hoc Committee on Development had reviewed the cash contribution amounts and recommended the increase in fees by the Consumer Price Index. These increases will be submitted for Council review in the near future. Section 5.4.4.4: Director Batt noted that in an effort to be more user friendly for developers, the required certificates referred to in this section would be listed in one complete list, Appendix A-9. Section 5.4.4.5: Council directed staff to make the appropriate language changes to reflect the City's semi-annual payment of cash contributions to the School, Fire, and Library Districts as opposed to annual payment reflected in the current Subdivision Control Ordinance. Section 5.5.1: The number of required preliminary plat copies has been reduced from 30 to 5, and all filing fee language was moved to this section. Section 5.5.3: Council directed City Attorney McArdle to investigate and clarify the phrase "general acceptability" found in sentence 1 of this section. Section 5.6.4: Council directed wording to reflect the subdivider be notified in writing by the City Clerk, and clarification by City Attorney McArdle as to whether Council must giver reason(s) for rejection of the subdivider's final plat. Alderman Locke requested City Attorney McArdle research and determine if Council individually or collectively must, at any time, state their reason(s) for rejection and/or denial. _ Section 5.7.2: Council concurred with the Zoning Board of Appeals' recommendation to add the phrase by the City Council in line 2 after the phrase the final is approved. After a lengthy discussion regarding the time frame of the required subdivision improvements, it was the determination of Council to leave the wording reflecting within two years after the date of the final plat to install all the required subdivision improvements. July 12, 1995 Page 4 Section 5.9.1: After much discussion regarding the six months stated requirement for the subdivider to submit an application in writing for the approval of his final plat, Council directed staff to research the State Statute requirements regarding this time frame. Mayor Cuda called for a recess at 9:40 P.M. The meeting reconvened at 9:50 P.M. with everyone still in attendance. NEW BUSINESS Alderman Bates requested Council approval to the borrowing of a Fort McHenry photo and a large County map for a class presentation. Council unanimously consented. Alderman Locke, having received a request from Learning Garden coordinator Marilyn Hamilton, requested the Parks and Recreation Committee consider additional City assistance for this project. Committee Chairman Alderman Bates asked Batt and Merkel to meet with him at the Learning Garden on Thursday, July 13, 1995 to review the situation. Mayor Cuda reported that the Fort McHenry/Project Playground Committee had received and were recommending approval of a design contract with Cone, Kalb & Wonderlick to design Fort McHenry washrooms, create bid specifications and supervise the project in the amount of $1 ,000.00. Council directed Mayor Cuda to execute the contract with the understanding that the construction would be completed under the supervision of Director of Building and Zoning Lobaito. Mayor Cuda also requested Council direction regarding the rescheduling of recreational visits. Council directed staff to provide a list of 6-10 recreational centers to each Alderman who would then visit some of these centers at their convenience. EXECUTIVE SESSION Motion by Bates, seconded by Bolger, to go into Executive Session at 9:55 P.M. to discuss property acquisition. Voting Aye: Bolger, Bates, Locke, Baird. Voting Nay: None. Absent: Lawson. Motion carried. Motion by Bolger, seconded by Locke, to go back into Open Session at 10:15 P.M. Voting Aye: Bolger, Bates, Locke, Baird. Voting Nay: None. Absent: Lawson. Motion carried. Alderman Bates requested further discussion on the Inland McCullom Lake Road annexation and zoning ordinances. Motion by Bates, seconded by Locke, to bring the Inland McCullom Lake Road annexation and zoning ordinances off the table. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. A lengthy discussion followed regarding Parliamentary Procedure and the status of the Inland McCullom Lake Road Annexation Agreement. July 12, 1995 Page 5 Motion by Bates, seconded by Baird to pass an ordinance annexing the Inland McCullom Lake Road property. A discussion ensued. Alderman Baird withdrew his second to the motion. After additional discussion, Alderman Bates withdrew his motion. Motion by Bolger, seconded by Locke, to adjourn. Voting Aye: Bolger, Locke, Cuda. Voting Nay: Bates, Baird. Absent: Lawson. Motion carried. The meeting adjourned at 10:40 P.M. CITY CLE k MAYOR