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HomeMy WebLinkAboutMinutes - 07/06/1987 - City CouncilSPECIAL MEETING MONDAY, JULY 6, 1987 7:00 P.M. Mayor Busse called to order a Special Meeting held at the request of the McHenry Township Fire Protection District for the purpose of acting upon the recommendation of the Zoning Board of Appeals concerning the variation and conditional use request by the McHenry Township Fire Protection District. The meeting was held at McHenry City Hall in the Council Chambers. At roll call the following Aldermen were present: Nolan, Teta, Lieder, McClatchey, Patterson, Serritella. Bolger arrived at 7:30 P.M. Absent: Smith. City Staff in attendance were Superintendent Batt, Attorney Narusis, Chief Joyce, Clerk Gilpin. Present in the audience were Jim Althoff, President of the McHenry Township Fire Protection District Board of Trustees; Don Truckenbrod, Attorney representing the District; Fire Chief Chris Bennett; and Ken Schaeffer, Architect for the proposed new fire station. Lengthy discussion was held on two main concerns of the City Council. 1) Installation of a sidewalk along Freund Avenue for the safety and well-being of the people who want to walk on that street. 2) Installation of a watermain on Freund Avenue to loop a deadend system which exits around the curve to the west of Freund Avenue to furnish water service to homes in the area. During the discussion Althoff stated that the Fire District had one (1) foot between the building and its property line. The District would be willing to give that 1 (one) foot to the City and the City could add another 3 feet from the road right-of-way so that a 4 foot sidewalk could be installed flush with the west side of the Fire Protection building. The sidewalk would probably have to be raised 6 inches so that it would be higher than the paved surface of Freund Avenue in order to give the sidewalk some protection. Althoff stated that if it was the City's wish to have that sidewalk installed alongside its building, the District would install a 4 foot sidewalk along its west property line on Freund Avenue. Concerning installation of a watermain along Freund Avenue, Althoff suggested that when the Fire District was digging in that area along the roadway, the City could install the watermain at the same time and thereby avoid having to dig up the road again at a later date. At least the watermain would then be in the ground along the length of the Fire District property, Althoff said. Another question arose as to whether or not the Fire District was going to purchase the Schloffner property north of the Fire District property on Freund Avenue. Althoff said that the Board of Fire Trustees had authorized him to negotiate purchase of the property. He made initial contact with Schloffner, speaking to him twice on the phone, but no agreement or deal had been arrived at. "We haven't even discussed a price, occupancy, I haven't looked at the house, and haven't been in the house as yet. If that can be construed as being very close to making a deal, it's never been that way in the real estate that I have bought," Althoff said. He stated, "If the Fire District did acquire the Schloffner property, it would not alleviate any of the problems concerned with locating the new building on the existing lot. If the Fire District did acquire that property, it would simply be used for parking and as a buffer". Motion by Bolger, seconded by Patterson, to concur with the recommendation of the Zoning Board of Appeals and pass an ordinance granting the conditional use and variations as requested by the McHenry Township Fire Protection District with the stipulation that prior to occupancy of the fire stationhouse and offices, the McHenry Township Fire Protection District shall install a 4 foot sidewalk pursuant to City specifications at the sole cost and expense of the district along the westerly boundary of the fire district premises with at least 1 (one) foot of said sidewalk's 4 foot width being located on the district's premises. until Motion Motion the next Voting Voting Absent did not by Nolan, seconded by Serritella, to table the motion meeting. Aye: Nolan, Nay: Bolger, Smith. carry. Teta, Serritella. Lieder, McClatchey, Patterson. Special Mtg. Council Mtg. Attendance Ordinances Zoning Ords. Sidewalks Monday, July 6, 1987 Page 2 Voting on the original motion: Voting Aye: Bolger, Lieder, McClatchey, Patterson. Voting Nay: Nolan, Teta, Serritella. Absent: Smith Mayor Busse called for a recess at 8:25 P.M. to confer with Attorney Narusis as to whether or not the Mayor was required to vote on this motion. The meeting reconvened at 8:27 P.M. with everyone still in attendance. Mayor Busse voted Aye and declared the Motion carried. Attorney Narusis explained that there was some question as to whether or not the Mayor could vote on this matter. "That is because there is some peculiar statutory lanquage that indicates that with respect to variations and certain kinds of situations, the Statutes indicate it's the Aldermen that vote and one case interpreted that the term 'Aldermen' excludes the Mayor but whether that applies to this situation or not, I will look into at the conclusion of this meeting. If it can't be counted, the motion would not pass because it is a four to three vote and you need five to pass the ordinance. You need a vote of the majority of the Council and not a majority of the quorum. There are eight on the Council so you need five out of eight." The other matter before the Council was the question of building permit fees for the Fire District. Busse explained that at a previous meeting, the Council moved to waive up to 50 percent of the permit fees pending review of the actual fees when the building permit was requested. Since there were questions on the building permit fees as submitted to the Council at this meeting by the Building & Zoning Officer, it was decided to postpone any action until the next meeting. Building Motion by Lieder, seconded by McClatchey, that if the Mayor's &.ZoZoning vote did count and the motion did pass, that the building permit should be issued to the Fire District upon request and that the fees be established after review by the Building and Zoning Officer and be acted upon at the next Council meeting. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Teta. Voting Nay: None. Absent: Smith. Motion carried. Contracts Motion by McClatchey, seconded by Serritella, to authorize the Superintendent of Public Works to contract with City Engineers Baxter & Sewer Line Woodman for design of a replacement sewer line on John Street from Third Repairs to Green Street. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Teta. Voting Nay: None. Absent: Smith. Motion carried. Motion by Nolan, seconded by Patterson, to adjourn. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Patterson, Serritella, Teta. Voting Nay: None. Absent: Smith. Motion carried. Meeting adjourned at 8:33 P.M.