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HomeMy WebLinkAboutMinutes - 04/19/1995 - City Council REGULAR MEETING APRIL 19, 1995 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, April 19, 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, Lawson, Baird. Absent : None . City Staff in attendance were City Clerk Althoff, City Administrator Peterson, City Attorney McArdle, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel . Absent : Director of Public Works Batt and Chief of Police Joyce. Mayor Cuda began the meeting by calling for a moment of silence in observance of the victims of the Alfred P. Murrah Federal Building bombing in Oklahoma City. Mayor Cuda then presented a proclamation to James Mentzer, President of the McHenry Area Crime Stoppers, proclaiming the month of May as Crime Stoppers Month in the City of McHenry. The Public Hearing on the Inland Business Park annexation and zoning was opened by Mayor Cuda at 7 :38 P.M. Mayor Cuda noted that the petitioners have requested another continuation of this Public Hearing to a date established this evening by the City Council . Motion by Bates, seconded by Lawson, to continue the Public Hearing for annexation and zoning of the Inland Business Park to May 8, 1995 at 7 :30 P.M. in the Council Chambers, with no change to the agenda. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None . Absent : None . Motion carried. City Clerk Althoff was directed to send notification of the hearing' s rescheduled date and time to all listed objectors . At 7 :43 P.M. the Public Hearing was adjourned to May 8, 1995 at 7 : 30 P.M. TEN MINUTE PUBLIC INPUT SESSION Sam Diamond, attorney for Inland Development' s McCullom Lake Road project, respectfully respected Council consider and vote on his petitioner' s request for annexation and zoning during the "New Business" portion of this evening' s meeting. CONSENT AGENDA Alderman Bates questioned Item No. 3 : payment of the semi- annual revenue bond in the amount of $472, 975, 00 . City Administrator Peterson answered his questions satisfactorily. Motion by Bolger, seconded by Lawson, to approve the Consent Agenda as follows : (1) March 29, 1995 Regular City Council Meeting Minutes; (2) April 5, 1995 Regular City Council Meeting Minutes; (3) Approval of 1993 semi-annual revenue bond payment to American National Bank & Trust Company, in the amount of $472, 975 . 00 ; (4) Approval of alarm hook-up request - Wm. Tonyan & Sons, Inc . for G.W. Berkheimer, 4100 Albany Street; (5) March Budget Report; (6) March Treasurer' s Report; Voting Aye : Bolger, Bates, Locke, Lawson, Baird. Voting Nay: None . Absent : None. Motion carried. April 19, 1995 Page 2 APPROVAL OF THE 1995-96 NISRA BUDGET Motion by Locke, seconded by Baird, to approve the 1995-96 NISRA Budget as presented. Voting Aye: Bolger, Bates, Locke, Lawson, Baird. Voting Nay: None . Absent : None . Motion carried. Alderman Bates recommended viewing the NISRA handicapped accessible fishing derby videotape . City Clerk Althoff was directed to arrange viewing of the tape on cable with the cable operators, TCI of Illinois, and inform Council of its airing. Executive Director of NISRA, Brian Shahinian, briefly reviewed the budget and highlighted some of the survey results . He also presented the City with a refund check in the amount of $531 . 00 with the stipulation it be used to remove barriers for handicapped accessibility. SIGN VARIANCE REQUEST - DRESS BARN, McHENRY COMMONS SHOPPING CENTER The Dress Barn, which recently completed the remodeling of their new space_ at the McHenry Commons Shopping Center on the east side of Route 31, is seeking a variance from the City' s sign ordinance . Laura Berjon, a representative for the petitioners, stated that the business operates as two separate entities, The Dress Barn and The Dress Barn for Women, although they are housed and operated under one roof . Motion by Baird, seconded by Bolger, to approve the petitioner' s request, and grant a sign variance permitting one additional wall sign to The Dress Barn. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. _ Voting Nay: None . Absent : None . Motion carried. INTERGOVERNMENTAL AGREEMENT BETWEEN McHENRY COUNTY CONSERVATION DISTRICT AND CITY OF McHENRY City Administrator Peterson explained that the City has been working with the McHenry County Conservation District for the development and construction of a bike trail system through the City of McHenry along the Chicago and Northwestern railroad tracks . In order to proceed with the project, it is necessary for the City to enter into an intergovernmental agreement with the McHenry County Conservation District . The agreement provides that the Conservation District will maintain the bike path through the City, including portions of the path that pass through City park property. It is for a 20-year period, and may be terminated by either party with a 180-day written notice. Motion by Baird, seconded by Locke, to authorize the Mayor and City Clerk to execute the intergovernmental agreement with the McHenry County Conservation District . Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None . Absent : None. Motion carried. Some discussion followed regarding patrolling responsibilities, type of maintenance and engineering. City Administrator Peterson explained the Conservation District will be responsible for patrolling the entire lengthy of the bike trail year round. Alderman Locke requested staff discover if the bike trail will be closed at dusk, and if patrolling will occur after dark. Alderman Bates questioned the Illinois Department of Transportation' s request to the City to sign-off on being a review party in the bike path design. Council concurred that the City should not sign-off at this particular time. April 19, 1995 Page 3 USE VARIANCE REQUEST - 809 N. FRONT STREET Mayor Cuda reported that the City is requesting a variance for use of the storage building on the library' s property at 809 N. Front Street . City ordinances provide that only one principal use can exist on a parcel, and that the City' s contemplated use for storage of public works equipment would necessitate a variance to the City ordinance . The Zoning Board of Appeals considered this matter and unanimously recommended the approval of the use variance. The Public Works Department would provide snowplowing and sweeping services to the library in exchange for the use . Motion by Bolger, seconded by Locke, to approve the City' s request, and pass an ordinance granting a use variance at 809 N. Front Street for the City' s use of the storage building located on the property. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. INTERGOVERNMENTAL AGREEMENT WITH McHENRY LIBRARY DISTRICT Mayor Cuda explained that as had previously been noted, the City has offered to provide street sweeping, snow plowing, and snow removal services to the Library District in exchange for the use of their storage building to house seasonal public works equipment . Municipal entities may enter into intergovernmental agreements for their mutual benefit under State Statutes . The City Attorney drafted an agreement which incorporates conditions which are beneficial to both the City and the Library District . Motion by Lawson, seconded by Bolger, to authorize the Mayor and Clerk to execute the intergovernmental agreement on behalf of the City with the McHenry Public Library District . Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. CRYSTAL LAKE ROAD JURISDICTIONAL TRANSFER City Administrator Peterson noted that as per Council direction, staff has sought the jurisdictional transfer of Crystal Lake Road from the south intersection of Bull Valley Road to Wood Street . The transfer has been approved by McHenry County. In order to complete the transfer, Council must approve an ordinance accepting the responsibility for this roadway, as well as to authorize the Mayor and City Clerk to execute the Local Agency Agreement for Jurisdictional Transfer, required by the Illinois Department of Transportation. Motion by Locke, seconded by Bolger, to approve an ordinance accepting from the County the jurisdictional responsibilities of Crystal Lake Road from Bull Valley Road to Wood Street, and to authorize the Mayor and City Clerk to execute an agreement with the Illinois Department of Transportation titled "Local Agency Agreement for Jurisdictional Transfer" . Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None . Absent : None . Motion carried. It was noted that the City will also be assuming maintenance responsibilities . MAYOR - STATEMENT AND REPORTS Mayor Cuda distributed a memo to all Aldermen regarding the May 10, 1995 Council retreat . He will be providing additional information on growth issues as well. April 19, 1995 Page 4 Mayor Cuda reported the Ad Hoc Committee on Development had met and a memorandum would be circulated recommending the impact fees be increased to reflect cost of living. The issue will be come before Council for approval at a later date . Mayor Cuda concluded his report with the reminder that the City of McHenry' s Annual Council Meeting is next Wednesday, April 26 , 1995, at which time he will appoint Department Heads, City Attorneys and Engineers . Standing Committees, Boards and Commissions will be appointed at a regularly scheduled Council meeting sometime in the month of May. Staff was directed to provide a list of all the reappointments in next Friday' s agenda packets . COMMITTEE REPORTS Alderman Locke, Chairman of the Finance Committee, suggested a Committee of Whole be called for Monday, April 24, 1995 at 7 : 30 P.M. to conclude discussions on the 1995-96 Budget . Council concurred with this suggestion. Alderman Bates, Chairman of the Parks and Recreation Committee, reported that the Committee had met on Tuesday, April 18, 1995 . Discussions included eliminating one or both of the Knox Park Swimming Pool diving boards, a status report on the McCullom Lake herbicide application, Master Card and Visa credit card use, and upon its annexation, referring to the recently acquired Mass Farm property as Petersen Park. Barbara Gilpin also attended the Committee meeting and made a request regarding Whispering Oaks Park. This request will be discussed when Mrs . Gilpin can attend a regularly scheduled Council meeting. STAFF REPORTS Director of Parks and Recreation Merkel reported that the Summer brochures had been mailed out . City Administrator Peterson drew Council' s attention to the correspondence provided in Friday' s agenda packet regarding the Church of Holy Apostles request for street lights at the entrance to their church off of Bull Valley Road. The County has offered two options : 1) the church may elect to install street lights on their property, outside of the County' s right-of-way; and 2) the City can obtain a permit from the County Highway Department to install publicly maintained street lights with. As the request does provide for additional safety entering and exiting this facility, it is staff' s recommendation to obtain, with the City assuming the maintenance and cost of these lights, a permit from the County Highway Department to install street lights within the County' s right-of-way. Motion by Bates, seconded by Baird, to authorize staff to seek a permit from the County Highway Department to install publicly maintained street lights within the County' s right-of-way. (at the entrance to The Church of Holy Apostles off of Bull Valley Road) . Voting Aye : Bolger, Bates, Lawson, Locke, Baird. Voting Nay: None . Absent : None . Motion carried. City Clerk Althoff reported that during today' s traffic court proceedings Judge Brady ruled the stop sign located at the north and south intersection of Willow and Meadow was illegal . Mayor Cuda requested staff contact Attorney Charles Reilly requesting a written opinion on the options available to the City at this time. Alderman Bates, referring to the Council' s April 5, 1995 meeting with the Fox River Waterway Management Agency' s representatives, requested Council consider sending a supplemental letter to Representative Hughes and Skinner, Senator Klemm, and the Illinois Municipal League regarding SB 206 . After some discussion it was Council' s decision to take no group action, and encouraged individual Aldermen to send letters if they so wished. April 19, 1995 Page 5 Alderman Bates also informed Council he had received a letter regarding leaf burning from resident Bill Smith. A copy of the letter will be provided in the Aldermen' s packets on Friday for their review. Alderman Bolger suggested Council spend more time reviewing leaf burning alternatives . Alderman Bolger also requested that the Hamlin/Green Street drainage issue become an agenda item, as the newly hired City Engineer has had an opportunity to review the problem. Alderman Locke noted that many of the barricades erected in conjunction with the City sidewalk program have blown over due to high winds . He noted other areas that were not cordoned off, and asked staff to address this problems citing safety hazards . Motion by Bolger, seconded by Lawson, to discuss Inland Development' s request for annexation and zoning of their McCullom Lake Road property. Motion by Baird, seconded by Bates, to table discussion on Inland. Voting Aye : Baird, Bates . Voting Nay: Bolger, Locke, Lawson. Absent : None . Motion failed. Mayor Cuda called for the vote on the original motion. Voting Aye : Bolger, Locke, Lawson. Voting Nay: Baird, Bates . Absent : None . Motion carried. Alderman Bates initiated a discussion which reviewed the process that brought Inland' s McCullom Lake Road project back before Council for consideration. He stated his displeasure and questioned the ethics of the procedure . He also stated his displeasure with Inland' s linking of the McCullom Lake Road project and their proposed business park project . A lengthy discussion followed regarding the procedure utilized by Inland to bring this project back before Council and the positive and negative impacts of linking these two projects together. Mayor Cuda called for a recess at 9 : 08 P.M. The meeting reconvened at 9 : 17 P.M. with everyone still in attendance . Alderman Baird requested Council approval for use of the Council Chambers May 11, 1995 to host a cable televised mock Council meeting with the Riverwood Elementary School 5th Grade students. Council concurred. Attorney Diamond then highlighted changes between the March 22, 1995 annexation agreement draft and the current annexation draft . These changes include : * Page 1, paragraph A: a revision of the acreage; * Page 2 , paragraph L: all new language tieing the annexation of this property to the annexation of Inland' s proposed business park, located between Bull Valley Road and Crystal Lake Road; * Page 4 , Section II - Zoning: the elimination of all multi-family units and the zoning classification of RS-2 Medium Density Single Family residial; * Page 4, Section III, Paragraph A: designation of a maximum of 140 lots; Paragraph B : language guaranteeing that streets are built in accordance with the City' s Subdivision Control Ordinance, guaranteeing the City shall have prior architectural review and approval of all the structures to be built on the property, and guarantee of a minimum base berm not less than 20 feet for all lots adjacent to McCullom Lake Road. April 19, 1995 Page 6 * Pane 6, Paragraph (b) : an interest rate calculated at 1% over the prime rate quoted by the largest local lending institution within the City' s corporate limits; * Page 8, two options for Council' s consideration regarding the Donovan Street and Willow Street sanitary sewer lift stations; * Pane 10, Section V - Development in Phases, language promising detention public improvements fully constructed prior to any occupancy permits being issued on the first final plat of subdivision; * Page 11 Section VII - Schedule of Development : language promising submission to the City of a Schedule of Development encompassing the property on a semi-annual basis; * Pacre 12, Paragraph A, Annexation Fees : the lump sum of $56, 709 shall be paid within 60 days following annexation; * Pane 13 , Number 4 : the addition of the Library District; . * Pagge 14 , Letter C: an increase in cash donations to allow for inflation; * Page 25, Section 12 : Binding Effect and Term: the term language shall reflect a 10-year period rather than 20 years; In conclusion, Attorney Diamond enumerated several reasons why this development would be a positive addition to the City. Mayor Cuda then opened discussion to Council regarding the annexation agreement . Alderman Bates suggested the annexation agreement be reviewed page by page . A lengthy page by page discussion followed. Mayor Cuda called for a recess at 11 : 53 P.M. The meeting reconvened at 12 : 00 A.M. with everyone still in attendance. Attorney McArdle summarized the changes agreed upon by Inland, and suggested by Council . These changes to the annexation agreement include : * Page 5, Paragraph (b) : language reflecting that the berm and its landscaping shall be approved by the City; * ,Page 8, the elimination of Option 2 language and the inclusion of Option l language regarding the Donovan Street and Willow Street sanitary sewer lift stations; * Page 9, number 5 : language "as approved by City staff" ; * Pane 10, Section 5 : Development in Phases : Language allowing the City preliminary approval of the detention area before occupancy permits are issued; and, near the -- end of the paragraph, language permitting the City to stop the issuance of building permits on home construction until satisfactory corrective changes are approved in the event the detention design allows the release of storm water that creates new storm water problems to surrounding homeowners; * Pacre 16, Section E, Number 4 : language denoting an additional 10-foot right-of-way from the owners if the City determines it needs an additional 10 feet of right- of-way in order to complete a four-lane road; * Page 17, Letter H, Core Samples - the elimination of the word "reasonable" in the phrase "engineer' s reasonable requirements" ; April 19, 1995 Page 7 * Pane 25, Section XIC: Notices in Remedy, paragraph A: the elimination of the phrase "in any court of competent jurisdiction. Motion by Lawson, seconded by Locke, to pass an ordinance authorizing the Mayor and City Clerk to execute the Inland North McCullom Lake Road property annexation agreement, subject to final review and comment from Council . Voting Aye : Lawson, Locke, Bolger, Cuda. Voting Nay: Baird, Bates . Absent : None. Motion carried. Motion by Bates, seconded by Locke, to adjourn. Voting Aye : Lawson, Locke, Bolger, Baird, Bates . Voting Nay: None. Absent : None. Motion carried. The meeting adjourned at 12 : 15 A.M. CITY CLE K MAYOR