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HomeMy WebLinkAboutMinutes - 06/07/1995 - City Council REGULAR MEETING JUNE 7, 1995 The Regular City Council meeting was called to order by Mayor Cuda on Wednesday, June 7, 1995 at 7:30 P.M. in the Council Chambers of the Municipal Center. The following Aldermen were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance: City Clerk Althoff, 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 No one signed up to speak during the Ten Minute Public Input Session. As Director of Parks and Recreation Merkel had to make an early departure for Springfield, Illinois, Mayor Cuda requested Council's permission to deviate from the published agenda to consider complaints regarding McCullom Lake. Council concurred. Director of Parks and Recreation Merkel distributed copies of the health warning posted at McCullom Lake by the McHenry County Department of Health. The warning stated the Department of Health had received several complaints from McCullom Lake swimmers reporting symptoms consistent with "swimmers itch" or syncytium dermatitis. Director Merkel reported that although the beaches were not closed, these warnings had been posted at all beach locations with flyers containing the same information being distributed to beach patrons. Bob Kirschner of Northeastern Illinois Planning Commission also addressed Council noting that "swimmers itch" is a natural phenomenon that occurs in many water bodies. It is a temporary skin irritation caused by an invisible parasite found in lakes and ponds. Testings done as late as 5:00 P.M. this afternoon indicate the parasite population to be relatively small. Some discussion followed. ._ Director Merkel and Bob Kirschner were uncertain as to whether the Department of Health had, in fact, closed the beach at 5:30 P.M., although it appeared they had. Director Merkel was instructed by Council to obtain an update in the morning on the lake status and report back to staff. CONSENT AGENDA Motion by Bolger, seconded by Lawson, to approve the Consent Agenda as follows: (1) Block party request for Cheryl Wingstrom, 1711 Jennifer Lane, June 24, 1995; block off Jennifer Lane from 12:00 p.m. to midnight; (2) Picnic/Beer permits; (3) Request from Norshore Alarm Co. to connect McHenry School District #15, 1011 N. Green Street, to police alarm monitor board. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ._.. TRAFFIC STUDY AND LEGAL PRESENTATION, MEADOW AND WILLOW LANES City Traffic Attorney Charles Reilly reviewed the case of the City of McHenry vs. Krista Logan, which involved the issuance of a traffic citation for disobeying a four-way stop sign at the intersection of Meadow and Willow Lanes in the City of McHenry. In dismissing the case Judge Terrence Brady cited the absence of any empirical data or engineering studies justifying the stop signs. The stop signs were subsequently removed by the City, and a traffic study was completed. City Traffic Attorney Reilly's position is that these stop signs may be replaced as a study had now been conducted. Some discussion followed. Attorney Reilly reported that a case was pending on stop signs located at the intersection of Prestwick and Orleans. June 7, 1995 Page 2 As a traffic study was conducted by the City at this location, he suggested Council postpone any decision regarding the replacement of stop signs at the intersection of Meadow and Willow until the Prestwick/Orleans case was resolved. Motion by Bates, seconded by Lawson, to postpone the decision regarding the replacement of stop signs at the intersection of Willow and Meadow Lanes in the City of McHenry until further information and resolution of the Orleans/Prestwick intersection case is provided. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. CONDITIONAL USE AND VARIANCE REQUEST-McHENRY SCHOOL DISTRICT#156, 4724 W. CRYSTAL LAKE ROAD Michael Kelly, School District #156 Business Manager, requested Council approval for the construction of an administrative office building on the West Campus school site located at 4724 W. Crystal Lake Road. He cited the Zoning Board of Appeals' 4-1 vote approving the expansion of the existing conditional use, and approval of the variance to permit the construction of a second principal structure on the property. Mr. Kelly noted the subject conditions: 1) the proposed building be used only for administrative purposes for McHenry High School District #156; and 2) before the issuance of a building permit, Building Department review of trash and refuse disposable areas, landscape requirements, installation of sidewalks between the two buildings, and the elimination of roof-top electrical and/or mechanical units were agreed to and incorporated into the proposed ordinance. Motion by Bolger, seconded by Baird, to accept the Zoning Board of Appeals' recommendation, and pass an ordinance granting an expansion of McHenry High School District 156 Conditional Use Permit and the variance to permit the construction of a second principal structure on the property located at 4724 W. Crystal Lake Road, subject to the following conditions: (1) The proposed building be used only for administrative purposes for McHenry High School District #156; and (2) Before the issuance of a building permit, the Building Department review a) trash/refuse disposal area enclosures; b) landscape requirements; c) installation of sidewalks between the two buildings, and; d) no roof-top electrical/mechanical units be permitted. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM STEVE BJORKMAN/ACE HARDWARE FOR EXTENSION OF TEMPORARY USE PERMIT FOR OUTDOOR SALES Steve Bjorkman of Bjorkman's Ace Hardware, located at 4520 Crystal Lake Road, requested Council approval for an extension of their temporary use permit for -- conducting outdoor sales. He noted his permit will expire on June 14, 1995. Mr. Bjorkman explained that due to unseasonably wet Spring weather conditions, delivery of his seasonal merchandise was postponed and actual outdoor sales did not begin until recently. Some discussion followed regarding the difference between Mr. Bjorkman's request and Mr. Hecht's request of last year. It was noted that Mr. Bjorkman runs an established business operation, whereas Mr. Hecht has tenants which take advantage of seasonal produce for sale with low overhead costs. A letter from the Executive Director of the McHenry Area Chamber of Commerce was distributed stating their support for Bjorkman's extension request. June 7, 1995 Page 3 Motion by Bolger, seconded by Lawson, to approve Steve Bjorkman's request for a 90-day extension of the temporary use permit for outdoor sales at Bjorkman's Ace Hardware. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Some discussion followed regarding the length of the extension, as well as the great potential for all similar City retail operators to request the same extension time. Council suggested this ordinance be reviewed by the Building and Zoning Committee, and if appropriate, recommend to the full Council an amendment of this ordinance as it affects established local businesses. Motion by Baird, seconded by Bates, to authorize staff to grant up to a 90-day extension of temporary use permits to any established local business, upon appliation of the permittee, which sells outdoor bedding/seasonal plants, up to September 15, 1995. Voting Aye: Locke, Bates, Baird. Voting Nay: Bolger, Lawson. Absent: None. Motion carried. REQUEST TO USE CITY COUNCIL CHAMBERS - WORLD AIDS DAY City Administrator Peterson explained staff had received a request from Julie Babenko to use the Council Chambers in the Municipal Center on Friday, December 1 , 1995 from 6:30 P.M. to 9:30 P.M. for World AIDS Day. She noted the use of votive candles in memory of those lost to AIDS. Memos from the Director of Building and Zoning and Deputy Chief of the McHenry Township Fire Protection District discouraging the use of open flames in the Municipal Building were also distributed. City Administrator Peterson explained that prior to the construction, and since the opening of the Municipal Building, Council has considered appropriate uses for the McHenry Municipal Center. In the past Council has approved uses of Council Chambers for public meetings for political candidates and other intergovernmental agencies. He reminded Council that if permission were granted to Ms. Babenko, it would be very difficult to deny any other group requesting use of the Municipal Building facilities. He also noted that there may be a conflict with the hours requested for use and custodial work schedules. Some discussion followed. Motion by Baird, seconded by Bolger, to approve the request of Julie Babenko to use the Council Chambers on Friday, December 1, 1995 to bring attention to World AIDS Day, subject to the restriction that there be no open flames, and provided there are no conflicts for use of the Chambers on that date and time. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. CITY SPONSORSHIP OF HOME COMPOSTING INITIATIVE Director of Building and Zoning Lobaito reported that in response to last year's rodent infestation in the Winding Creek area, and the City's commitment to provide homeowners an alternative in light of the leaf burning restrictions, as well as the recent Illinois Environmental Protection Agency denial to renew the operating permit to the County's only compost operation, the Environmental Advisory Commission and staff presented for Council consideration a viable low cost alternative. A plastic rodent-proof home composting container can be made available to City residents and the general public at a cost of approximately $40.00 each. The promotion, advertisement, delivery and sale of home composters will be done by a private organization in cooperation with the City, its Environmental Advisory Commission, and June 7, 1995 Page 4 The one-day sale will tentatively be held on Saturday, July 22, 1995. Local merchants which may carry a similar product line were contacted and stated their unanimous support for the project. In response to Alderman Bates' question, City Administrator Peterson noted that the home composting service provider, Harmonious Technologies, was investigated and found to be a reputable firm. Motion by Lawson, seconded by Locke, to approve the Environmental Advisory Commission's recommendation and authorize staff to assist in the marketing, advertising, and private sale of specially reduced rate home compost bins on the tentative date of Saturday, July 22, 1995. Voting Aye: Bolger, Locke, Lawson, Bates, Baird. Voting Nay: None. Absent: None. Motion carried. FINAL PLAT - GLACIAL HEIGHTS SUBDIVISION Alderman Locke requested Council go into Executive Session. Mayor Cuda called for a recess at 8:30 P.M. in order for Alderman Locke to confer with City Attorney McArdle. The meeting was reconvened at 8:37 P.M. with everyone still in attendance. Alderman Locke withdrew his request to go into Executive Session. John Cunat, developer, requested Council approval of the final plat of subdivision for Glacial Heights. He noted the Plan Commission's 6-0 vote to recommend approval of the final plat. Mr. Cunat also stated he was in compliance with all the standards of the City's Subdivision Control Ordinance. Lengthy discussion followed regarding the Council's desire to have Mr. Cunat seek annexation to the City and Mr. Cunat's reluctance to comply. Motion by Lawson, seconded by Locke, to accept the Plan Commission's recommendation and approve the Glacial Heights final plat of subdivision located within the City's 1 1/2 mile jurisdiction, dated May 10, 1995, and authorize the Mayor and City Clerk to sign said plat. Voting Aye: Locke, Bates, Lawson. Voting Nay: Bolger, Baird. Absent: None. Motion carried. Alderman Locke requested that the developers note in any sales literature that these lots are not located within the City limits. Council directed staff that they were never to offer or accommodate any request to provide any City services, particularly snow plowing, to this area. VARIANCE REQUEST - FRANK GRADISHAR AND CLR DEVELOPMENT GROUP Frank Gradishar, petitioner, requested Council approval of a variance to permit the construction of a second building on his property at 620 South Route 31 . He noted his original annexation agreement, which expired in November, 1992, allowed for up to 60,000 square feet of building on the entire parcel of land. His current proposal, including the proposed building, is 37,750 square feet. Some discussion followed regarding the Zoning Board of Appeals' concern differentiating between a clinic and medical offices, which is a use Mr. Gradishar stated in his proposal. Motion by Locke, seconded by Lawson, to pass an ordinance granting the zoning variance to permit the construction of a second building on the property located at 620 South Route 31 after consideration of the non-recommendation from the Zoning Board of Appeals. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. June 7, 1995 Page 5 PRELIMINARY PLAT FOR BOONE CREEK DEVELOPMENT, BACKHAUS/GERSTAD BUILDERS City Administrator Peterson explained that the Gerstad's and Mr. Backhaus were seeking Council consideration of the proposed preliminary plat for Boone Creek subdivision. It was noted that the original annexation agreement was amended and approved in June of 1992. Concept plans for both Tract A and Tract B were also submitted at this time. City Administrator Peterson reviewed the outstanding issues which Council needed to discuss for further clarification and direction. After a lengthy discussion focusing on the extension of Dartmoor Avenue over Boone Creek and the current status of permits, it was the consensus of Council to set a special meeting to review the preliminary plats for Wednesday, June 28, 1995 at 7:30 P.M. in the Council Chambers of the Municipal Center. Staff was directed to contact planner' Allen Kracower and seek his written input on this project. The Pacini traffic study was also to be provided to Mr. Kracower for review in relation to this project. INLAND BUSINESS PARK ANNEXATION It was the consensus of Council and staff to postpone the discussion of this issue until June 21, 1995 as the materials required were not furnished until late this afternoon. Discussion followed regarding the timeliness of presented materials and information, and placing these items on the agenda. REQUEST FOR LOWERING MECHANICAL AMUSEMENT LICENSE FEES FOR SEASONAL USERS - LEISURE LINKS RECREATIONAL CENTER City Administrator Peterson reported that a letter had been received from Mr. Donald Yelton of Leisure Links Recreation Center objecting to the $50.00/machine fee for mechanical amusement devices. He states as his business is seasonal in nature and open for only six months (April through September), his fees should be pro-rated. City Administrator Peterson drew Council's attention to the minutes of Council meetings on October 21, 1994 and November 18, 1994. At this time, Council specifically voted on a 6-2 basis to allow no pro-ration of fees for a partial year. Motion by Locke, seconded by Lawson,to deny Mr. Yelton's request to pro-rate his mechanical amusement license fees for a partial year for Leisure Links Recreational Center. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: Bolger. Absent: None. Motion carried. AWARD OF BID - 1995 STREET MAINTENANCE PROGRAM Director of Public Works Batt reported that on May 30, 1995 at 11 :00 A.M. bids were opened for the 1995 Street Maintenance Program. Three bids were submitted, with Arrow Road Construction Company of Mount Prospect being the low bidder at $214,596.20. Motion by Locke, seconded by Bolger, to award the 1995 Street Maintenance Program contract to low bidder Arrow Road Construction Company in an amount not to exceed $214,596.20. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. June 7, 1995 Page 6 CONTRACT AMENDMENT TO McCULLOM LAKE CHEMICAL TREATMENT APPLICATION - AQUATIC WEED TECHNOLOGY City Administrator Peterson informed Council that the absence of Eurasian water milfoil in McCullom Lake this Spring resulted in the decision to abandon the whole-lake chemical treatment which had previously been approved by the City Council in the amount of $12,898.00. In order to preserve the possibility that a chemical treatment may be needed next year should the water milfoil return, an amendment to the contract would give the City sole discretion to decide whether the herbicide application called for in this contract is necessary and in the event the City of McHenry decides that the application is not necessary, it may upon written notice to Aquatic Weed Technology, cancel this contract. Discussion followed regarding the request by Aquatic Weed Technology to pay the additional cost for the chemical per gallon if there were any increases in this cost. Motion by Bolger, seconded by Locke, to approve an amendment to the contract, as presented, between the City of McHenry and Aquatic Weed Technology for chemical treatment for the elimination of Eurasian water milfoil on McCullom Lake. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ZONING ORDINANCE TEXT AMENDMENT-REVISED PLANNED UNIT DEVELOPMENT PROCEDURES At the request of Alderman Locke, this agenda item will be carried over as item no. 2 on the agenda for the regularly scheduled Council meeting set for June 21, 1995. MAYOR - STATEMENT AND REPORTS Mayor Cuda thanked Alderman Locke and Alderman Bates, as well as the staff, for attending the Library's grand opening this morning at 10:00 A.M. He noted that the State of Illinois, through Secretary of State Ryan's office, granted $150,000 to the McHenry Public Library for the purchase of additional furnishings. Mayor Cuda directed staff to include as an agenda item for the June 21, 1995 regularly scheduled Council meeting, discussion on the annexation procedure for properties east of the river. Director of Building and Zoning Lobaito will be supplying a memo addressing the associated issues. COMMITTEE REPORTS Chairman of the Parks and Recreation Committee, Alderman Bates, rescheduled the Park Committee meeting from Tuesday, June 20, 1995 to Monday, June 19, 1995 at 7:30 P.M. STAFF REPORTS Director of Public Works Batt drew Council's attention to the two proposals received from George P. Freund and Lewis Equipment for the purchase of an easement backhoe. George P. Freund was the low bidder in the amount of $5,275.00. Director Batt noted that City purchasing policy requires formal bids be advertised for purchases over $5,000.00, but consideration is presently being given to raising that limit. As this purchase is so near the limit, Director Batt requested that the Mayor and City Council waive formal bids and approve the purchase from Freund Equipment. June 7, 1995 Page 7 Motion by Locke, seconded by Baird, to waive the City purchasing policy requiring the formal advertising for purchase over $5,000 and approve the purchase of an easement backhoe from George P. Freund in the amount of $5,275.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Administrator Peterson reported that Director of Parks and Recreation Merkel will be in Springfield tomorrow evening, Thursday, June 8, 1995, attending a �-- Governor's Hometown Award banquet. The City of McHenry has been nominated for an award in the general category for its Fort McHenry volunteer efforts. Peterson also informed Council of unionization activities in the Public Works Department. He and Director of Public Works Batt will be meeting with union representatives tomorrow morning. City Administrator Peterson reported the City had been notified through the Illinois Department of Commerce and Community Affairs of a large confidential company seeking 88 acres. The City sent appropriate information and has subsequently been informed of the client's continued interest. NEW BUSINESS Alderman Locke noted the Fox Ridge Park was looking great. He also noted there were no cross lines on the street at the intersection of Crystal Lake Avenue and Route 120. He asked that this be corrected and that handicapped access be available at this intersection as well. EXECUTIVE SESSION Motion by Locke, seconded by Lawson, to go into Executive Session at 10:40 P.M. to discuss the acquisition of property. 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 10:44 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. 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 10:45 P.M. CIV CLERK t MAYOR