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