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HomeMy WebLinkAboutMinutes - 09/03/1986 - City CouncilREGULAR MEETING WEDNESDAY, SEPTEMBER 3, 1986 8:00 P.M. The Regular Meeting of the McHenry City Council was called to Council order by Mayor Busse on Wednesday, September 3, 1986 at 8 P.M. at City Meeting Hall. At roll call the following Aldermen were present: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Absent: None. City Attendance staff in attendance were Supt. Batt, Attorney Narusis, Clerk Gilpin, Park Director Merkel, Chief Joyce. Motion by Nolan, seconded by Snell, to accept the minutes of the August 13, 1986 and August 20, 1986 Regular Council Meetings as presented. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Jerry Paulsen, Executive Director of the McHenry County Defenders, presented a slide presentation on the need for soil erosion and sedimentation controls for construction sites. The presentation focused on the problems of construction site erosion and some of the Soil solutions. The slide program dealt with impact of soil erosion and sedi- Erosion mentation on the Fox River. He also discussed the need to include soil erosion control in development plans and adopt storm water management ordinances. Gary Schaefer, an engineer with the Northeastern Illinois Plan McHenry Commission, informed the Council that he would be happy to work with City County Consultants or City Officials on drafting an ordinance for on site storm Defenders water detention and soil erosion controls. Paulsen said that the McHenry County Defenders would also work with the City on this project. Motion by Bolger,- seconded by Snell, to pass an ordinance authorizing the sale of City of McHenry personal property at an auction on Saturday, September 13, 1986 as presented. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Nolan, seconded by Teta, to grant the request of Gail Garner of 3613 Drake Court for a block party on Saturday, September 13, 1986. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Discussion was held on forcibly annexing islands of land in the City under 60 acres. Eight parcels of land are completely surrounded by City property, however, two of the parcels are over 60 acres and cannot be forcibly annexed. Motion by McClatchey, seconded by Serritella, to move to annex all of the parcels of land except those over 60 acres and to authorize the expenditure of money to develop the legal descriptions for publica- tion in a newspaper and after 10 days the ordinances can be formally presented to the Council for final passage. Motion by Smith, seconded by Bolger, to amend the motion to exclude the Lakewood Subdivision Parcel along with the two parcels over 60 acres. Voting on the amendment: Voting Aye: Bolger, Nolan, Teta, Smith. Voting Nay: Lieder, McClatchey, Snell, Serritella. Absent: None. There being a tie vote, the Mayor cast a nay vote and declared the motion did not carry. Voting on the orginal motion: Voting Aye: Teta, Lieder, McClatchey, Smith, Snell, Serritella. Voting Nay: Bolger, Nolan. Abge t: None. Motion carried Ordinance Sale of City Prop. Block Party Annexations Ordinances Mayor Busse called for a recess at 9:14 P.M. The meeting reconvened at 9:27 P.M. with everyone still in attendance. Wednesday, September 3, 1986 page 2 Auth. Motion by Smith, seconded by Serritella, to authorize the Zng. Ord. expenditure of up to $1,500 to Baxter & Woodman to draft a zoning map for Revisions the proposed new City Zoning Ordinance. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Proclamation Mayor Busse proclaimed September 22 - 28, 1986 as Chamber of Commerce Week to call its significance to the attention of the citizens of the City of McHenry. Alderman Michael Teta, Chairman of the Building & Zoning Com- mittee, reported on the recommended language change in Section C, Paragraph 1 (b) of the proposed new City Zoning Ordinance. It was a con- sensus of opinion that the language change should be incorporated into the proposed Zoning Ordinance as follows: Page 121, Section C. 1. (b) existing Design or Standards Nonconformities conform to the requirements on Partial Elimination of Nonconformities in paragraph 9 herein, except that, partial or complete elimination shall not be required of any Standards nonconformity as it pertains to lot area or lot area per dwel- ling unit as set forth in Article B, paragraph 3 (c). Zng. Attorney Narusis was instructed to prepare a petition and notice Ord. for publication for a Zoning Board of Appeals hearing on the proposed new Revisions Zoning Ordinance so that hearings can begin on the matter. Ord. Motion by Teta, seconded by Snell, to accept the recommendation Bldg. & of the Building and Zoning Committee and amend the Building Code to Zoning reflect that "foundation only" permits should be eliminated from the Misc. Building Code. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Discussion was held on requiring an architect's stamp of approval on City building plans. John Zabor, Building & Zoning Enforce- ment Officer, said that having an architect's stamp of approval can make Bldg. & his review procedure easier but that it was not guaranteed that the building would be constructed without flaws. The Committee agreed that Zoning they did not want substandard housing in the City and the building codes Misc. can protect us in that matter. They felt that since the City has a skilled Building & Zoning Officer in John Zabor with a background in architecture and since Section R 110 of our current Ordinance gives the Building & Zoning Officer the discretionary authority to require the architect's stamp of approval should a set of plans be submitted for review that is totally inadequate, the Building & Zoning Committee recommended that the City not require the architect's stamp of approval on single family homes at this time. The City Council agreed with the Building and Zoning Committee's recommendation. At the September 2, 1986 Meeting of the City of McHenry Landmark Commission two structures were approved for landmark plaquing. They were the Northwest Hotel at 3934-41 W. Main Street which was built in 1901 and the Count's Home at 3803 W. Waukegan Road built about 1865. The Com- mission recommended that both structures be granted local landmark status and that the owners Sandy Eckert and Marya Weber be recognized for their efforts at local historic preservation. Landmark Motion by Nolan, seconded by Bolger, to accept the recom- Commission mendation of the Landmark Commission and approve the Northwest Hotel and the Count's Home for local landmark status plaquing. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Misc. Motion by Smith, seconded by Serritella, to change the starting time of the September 10, 1986 Regular Council Meeting from 8:00 P.M. to 8:30 P.M. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Wednesday, September 3, 1986 page 3 Motion by Snell, seconded by Smith, to approve the issuance of picnic beer permits as presented. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Teta, seconded by Nolan, to authorize the City Attorney to review the franchise agreement with Lakes Cablevision and inform them that the City will take legal action since it appears they are not living up to the terms of their contract. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Parks Beer Permits Cablevision Motion by Bolger, seconded by Snell, to authorize the City Easements Attorney to secure a storm sewer easement at 3904 W. Anne Street. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Alderman Smith asked that the Building & Zoning Enforcement Bldg. & Officer check the premises at 1504 N. Park Street for possible zoning and Zoning health violations. Misc. Violations Motion by Snell, seconded by Smith, to go into executive session at 10:21 P.M. for the purpose of discussion personnel, pending litigation Executive and property acquisition. Session Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Lieder, seconded by Snell, to go back into open session at 10:53 P.M. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Lieder, seconded by McClatchey, to eliminate the posi- Employees tion of Custodian and to authorize the Mayor to release John Mergl from that position and to issue two weeks severance pay, two weeks vacation pay and three additional benefit day's pay. Voting Aye: Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: Bolger. Absent: None. Motion carried. Motion by Teta, seconded by Nolan, to authorize the City Auth. Attorney to contact developers John and Tom Harding and land owners of Street & the Martin Farm to make a demand that they comply with the provisions of Maint. their annexation agreement within two to three weeks or the City will Repair p file a lawsuit to force compliance with provisions of the annexation agreement which were to widen and overlay Martin Road from Route 120 to Ringwood Road. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Smith, seconded by Serritella, to authorize the Mayor to respond to an offer made by T.P. Mathews that the City of McHenry Auth. purchase the McHenry Shores water system by informing Mathews that the Water Sery City would make an offer of no more than $50,000 for that system. Wednesday, September 3, 1986 page 4 Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Motion by Smith, seconded by McClatchey, to adjourn. Voting Aye: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritella, Teta. Voting Nay: None. Absent: None. Motion carried. Meeting adjourned at 11:00 P.M. i �A t ♦1.. - %