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HomeMy WebLinkAboutMinutes - 03/07/1990 - City CouncilREGULAR MEETING WEDNESDAY, MARCH 7, 1990 8:00 P.M. The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, March 7, 1990 at 8 P.M. at City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella.. Absent: Smith. City staff in attendance were Director of Publjd Works Batt, Attorney Narusis, Clerk Gilpin, Park Director Merkel, rhief Joyce, Building & Zoning Officer Halik. Four people spoke during the public input session of the Council Meeting. Paul Wilhelm, Manager of the McHenry Market Place; Judy Magree, Manager of the Jewel/Osco Center and Charles Margosian, owner/developer of the Jewel/Osco/Wags property —all addressed the Council and presented their objections to granting a zoning variation for a family entertainment center in the old Alco Building. Rick Scardino, broker for the Alco building, spoke on behalf of granting the zoning. Motion by Lieder, seconded by Bolger, to approve the minutes of the February 21, 1990 Regular Meeting and the February 21, 1990 Committee Meeting of the Whole as corrected. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. The McHenry Public Library Board appeared before the Council to request annexation of 10 acres of property on the east side of Green Street, approximately one mile south of the present library building. In attendance from the McHenry Public Library District Board were President Katherine Kasper, Treasurer Marlene Lean, Secretary Gail Anderson, Attorney Dan Curran, Architect Forest Wendt and Financial Advisor Wally Sheets. Attorney Curran presented a concept plan of the proposed new Library building which they plan to build on the 10 acres of land. Motion by Lieder, seconded by Patterson, to instruct the McHenry Public Library District to go to the Plan Commission and Zoning Board of Appeals to proceed with the steps necessary for annexation of their property. Voting Aye: Teta , Donahue, Lieder, McClatchey, Patterson. Voting Nay: Serritella, Bolger. Absent: Smith. Motion carried. Attorney Gordon Graham addressed the Council concerning the Zoning Board of Appeals' report on the Dobyn's House Restaurant at 1202-04 N. Riverside Drive. Motion by Bolger, seconded by Serritella, to accept the recommendation of the Zoning Board of Appeals and pass an ordinance granting a conditional use to permit a restaurant/lounge business serving alcoholic beverages with live entertainment and dancing on parcels 1 and 2 of the Dobyn's House Restaurant as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Teta, to concur with the recommendation of the Zoning Board of Appeals and grant a variance for Parcel 3 to permit a parking lot use as an accessory use to Parcels 1 and 2 for Dobyn's House Restaurant as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Patterson, seconded by Donahue, to pass an ordinance authorizing excursion dinner boats and boat slip rentals as accessory uses on Parcels 1 and 2 of the Dobyn's House Retaurant as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Wednesday, March 7, 1990 Page 2 Attorney Gordon Graham addressed the Council concerning a zoning variation request for property at 420 N. Front Street to be reclassified from RS-3 with a variation to an 0-1 Office District. Motion by McClatchey, seconded by Bolger, to pass an ordinance granting the Petitioner's request for a reclassification of the property from RS-3 with a variation to 0-1 Local Office Zoning District contingent upon requiring a 50 foot rear yard setback. Motion by Bolger, seconded by McClatchey, to table the motion. Voting Aye: Bolger, Donahue, McClatchey, Busse. Voting Nay: Teta, Lieder, Patterson, Serritella. Absent: Smith. There being a tie vote, the motion failed. Voting on the original motion: Voting Aye: Bolger, Donahue, McClatchey. Voting Nay: Teta, Lieder, Patterson, Serritella. Absent: Smith. Motion failed. Attorney John Roth, representing Frank and Kevin Mundt, addressed the Council concerning a Zoning Board of Appeals recommendation on the Petitioner's request for a conditional use for property located at 4310 W. Elm Street (formerly known as the Alco Store). Motion by Patterson, seconded by Serritella, to pass an ordinance granting a conditional use for property located in a portion of the building at 4310 W. Elm Street subject to the following conditions: 1) installation of lighting on the north and east sides of the building; 2) installation of flashing yellow lights for a pedestrian crossing on Industrial Drive between the Jewel/Osco and the old Alco Building; 3) installation of a 5 foot sidewalk along the entire east side of the Alco Building. Voting Aye: Bolger, Donahue, Patterson, Serritella, Busse. Voting Nay: Teta, Lieder, McClatchey. Absent: Smith. Motion carried. Mayor Busse called for a recess at 9:51 P.M. The meeting reconvened at 10:01 P.M. with Everyone still in attendance. Attorney Dan Curran of Holmstrom and Kennedy presented a Recapture Agreement for Martin Woods Unit II on behalf of his clients, Harding Real Estate. Harding had previously upgraded and improved Martin Road from Route 120 to Ringwood Road as part of the original Annexation Agreement with Martin/Anderson which included 362 acres. The City was to collect the recapture fee from Developers of Martin Woods II and the City would retain 2 percent of the recapture fee and interest so collected as an administrative charge. The balance would be paid to Harding Real Estate within 30 days after final plat of the subdivision is recorded. Motion by Bolger, seconded by Serritella, to enter into the 11artin Woods Recapture Agreement as submitted and to authorize the Mayor and City Clerk to sign said agreement. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Donahue, seconded by Patterson, to approve the final plat of Martin Woods II as presented with the stipulation that the Martin Woods Recapture Agreement must be recorded prior to recording of the final plat of Martin Woods II. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Teta, to authorize and approve payment of $65,400 to Baxter & Woodman for preparation of plan and specification documents for the South Wastewater Treatment Plant expansion as presented. Wednesday, March 7, 1990 Page i Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Lieder, to approve the solicitation permit presented by Donna Lynn Gross for Amway Distributors contingent upon meeting all of the requirements in the solicitation ordinance. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Lieder, to pass a Resolution appropriating $125,000 of Motor Fuel Tax Funds for the City's portion of the cost of the Green Street FAU Project as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by McClatchey, seconded by ordinance prohibiting motor vehicle operation Hilltop Drive and Bally Road for vehicles exceeds 12,000 lbs. as presented. Voting Aye: Bolger, Donahue, Lieder, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Serritella, to pass an on Bull Valley Road between whose single axle weight Teta, McClatchey, Motion by McClatchey, seconded by Serritella, to pass an ordinance amending the Traffic Code regarding various parking areas on Green Street and exempting certain trucks from the weight limit requirement on Bull Valley Road as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. ' Absent: Smith. Motion carried. Motion by McClatchey, seconded by Serritella, to pass an ordinance exempting certain vehicles from the weight limit requirement on Bull Valley Road as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. The Mayor announced the appointment of Elizabeth Nolan as a Delegate to the McHenry County Waste Advisory Board with Tom McCarthy to be Alternate No. 1 and Anne Sommers to be Alternate No. 2. Motion by Teta, seconded by Donahue, to approve the Mayor's appointments to the McHenry County Waste Advisory Board as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Donahue, to schedule a Special Meeting of the City Council for Monday, April 2, 1990 to continue discussion on the Deerwood Annexation Agreement. Voting Aye: Bolger, Donahue, McClatchey, Serritella. Voting Nay: Teta, Lieder, Patterson. Absent: Smith. Motion carried. Mayor Busse announced that Tom O'Leary was resigning from the Zoning Board of Appeals and John Swierk was resigning from the Plan Commission. Both agreed to stay on until replacements are found for them. Wednesday, March 7, 1990 Page 4 Alderman Teta, Chairman of the Building and Zoning Committee, reported that Tom Hopkins of the Landmark Commission will draft a Demolition Review Ordinance which will be used when any historic structure is slated for demolition. This ordinance will provide a review procedure which will take place prior to the demolition of any historic structure. A Building and Zoning Committee Meeting was scheduled for Wednesday, March 14, 1990 at 7:00 P.M. to discuss planting requirement of one tree per lot and sprinkler system regulations and a Personnel Committee Meeting for Wednesday, March 21, 1990 at 7:00 P.M. to discuss updating of the Personnel Policy Manual. Alderman Patterson, Chairman of the Park Committee, reported on a recent Park and Recreation Committee meeting. Motion by Patterson, seconded by McClatchey, to approve the recommendation of the Park Committee and accept a proposal from Bartolotta's Fireworks Company in the amount of $10,500 for a fireworks display to be held at Petersen Park on Tuesday, July 3, 1990. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Patterson, seconded by Serritella, to pass an ordinance adopting the new fee structure for the Knox Park Swimming Pool as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, Patterson, Serritella. Voting Nay: McClatchey. Absent: Smith. Motion carried. Motion by Bolger, seconded by Teta, to approve payment to Aurora University for two successful courses completed by Officer Thomas O'Meara towards his Masters Degree at a cost of $1,500. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. - Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Teta, to approve the attendance of Officer Thomas O'Meara at Aurora University for two programs which will complete his Masters Degree at a cost of $1,500. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Patterson, seconded by Donahue, to approve Director Batt's request and send two Public Works employees to McHenry County College for a course relating to the new drivers license testing program at a cost of $50 each. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Donahue, seconded by Lieder, to approve the attendance of Susan Christensen of the Finance Division at an Introduction to Lotus 1-2-3 Course to be held at McHenry County College at a cost of $125. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Bolger, seconded by Serritella, to go into executive session at 11:23 P.M. to discuss personnel and property acquisition. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None., Absent: Smith. Motion carried. ..auiwsuui , „arch 7, . jy0 Puy� ., Motion by Lieder, seconded by Patterson, to go back into open session at 11:37 P.M. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Lieder, seconded by Serritella, to amend the Personnel Policy Manual to read as follows: "Whenever the City is served with an order to withhold income from an employee pursuant to any statute) the City shall receive the applicable statutory fee from the employee's income." Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Lieder, seconded by Serritella, to accept the donation of 1.7 acres of land from the Bernard Bauer Estate for a strip of land which runs along the west side of Green Street in front of the City Garage at 105 N. Green Street and the entrance to the Knox Park Swimming Pool parking lot and to authorize the City Attorney to proceed with necessary paperwork to have this property acquired by the City. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by Lieder, seconded by Serritella, to grant an unpaid emergency leave of absence to Karen Krotz from February 16 to March 26, 1990 with one month's insurance premiums to be paid by her to the City. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Motion by McClatchey, seconded by Patterson, to adjourn. Voting Aye: Bolger, Donahue, Lieder, Teta, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: Smith. Motion carried. Meeting adjourned at 11:38 P.M.