HomeMy WebLinkAboutMinutes - 10/03/1990 - City CouncilREGULAR MEETING
WEDNESDAY, OCTOBER 3, 1990
The Regular Meeting of the McHenry City Council was called to order by
Mayor Busse on Wednesday, October 3, 1990 at 8:00 P.M. in .City Hall.
At roll call the following Aldermen were present: Bolger, Donahue, Teta,
Lieder, Smith, McClatchey, Patterson, Serritella. Absent: None. City
Staff in attendance were Attorney Narusis, Clerk Gilpin, City
Administrator Peterson, Chief Joyce, Director of Public Works Batt, Parks
8 Recreation Director Merkel, Building 8 Zoning Officer Halik. Absent:
None.
During the ten minute public input session, Anton Rebel of 4009 Maple
Ave. gave a report on the Chain of Lakes Special Area Management Project
(SAMP) and reported that the next meeting would be held on November 8,
1990. He also said that his group had been working on a method to clear
up pollution in Boone Creek. This problem had recently been given a high
priority rating by the Illinois Environmental Protection Agency.
Curtis Pepe of 3609 Cornell Court, Mill Creek Subdivision, addressed
the Council to again express concern about locating a gas station on the
corner of McCullom Lake Road and Route 31 due to the high ground water
table in the area. If the tanks should leak, he feared that the gas or
the fumes would affect his basement, which is located a couple blocks from
the proposed gas station.
Gary Gray, tennis coach at McHenry Community High School, addressed
the Council to request that a cooperative agreement be negotiated between
the high school and the City for lighting of the six tennis courts at West
Campus, which are now in the process of being renovated.
City Department Heads introduced new employees which had recently been
hired in their various Departments. They were Laura Moats of the City
Clerks Office, Al Goebel and Jack Proesel of the Street Division, Mike
Morrell of the Wastewater Treatment Division, and Joel Brouillette of the
Water Division.
Motion by Smith, seconded by Bolger to approve the consent agenda
items as follows:
1. Approve the September 19, 1990 Regular City Council
Meeting Minutes as presented.
2. Approve payment to Illinois Constructors Corporation
for Seawall construction at the Central Wastewater
Treatment Plant in the amount of $89,368.50.
3. Authorize the reduction in the Letter of Credit
for Winding Creek 5, Unit 3 from $440,505 to $68,706.
4. Enter into a joint purchase agreement for road salt
from the Northwest Municipal Conferance at a cost of
$37,845; and;.
5. Award the bid for the 1990 Sidewalk Program to Schroeder
and Schroeder in the amount of $30,366, with work to
begin in the Spring of 1991.
Voting Aye: Lieder, Teta, Donahue, Bolger, Serritella,
Patterson, McClatchey, Smith.
Voting Nay: None.
Absent: None
Motion carried.
Clifford Rudd of Amoco, and his attorney, Tom Zanck of
Militello, Zanck and Coen addressed the Council to request approval of the
site plan, landscape plan, sign plan, and architect's renderings for the
new Amoco gas station to be constructed on the southwest corner of Crystal
Lake and Bull Valley Roads. City Administrator Peterson pointed out that
of the three gas stations which have approached the Council recently,
there was one inconsistency with the hours of operation of the food mart.
The annexation agreement with the Amoco site prohibited the food mart from
operating between midnight and 5:00 A.M. The two Mobil stations that
appeared before the Council did not agree to that limitation. Mr. Rudd of
Amoco Oil requested that his food mart be allowed to operate the same
hours of operation as the other two Mobil stations had requested. It was
pointed out that the Mobil station at the northeast corner of Bull Valley
and Crystal Lake Roads has not as yet been annexed, and the hours of
operation in the annexation agreement had not yet been voted upon.
Wednesday, October 3, 1990 Page 2
Alderman Teta felt that all three stations should have the same hours of
operation in order to have a consistent policy, and he noted that if he
voted yes on such a motion, it was only to have a consistent policy and it
was not to indicate his approval of gas stations at that location.
Motion by Smith, seconded by Bolger, to allow 24 hours of operation
at the Amoco station on the southwest corner of Bull Valley and Crystal
Lake Roads in order to have a consistent policy, pending approval of the
same hours in the annexation agreement for Mobil on the northeast corner
of Bull Valley and Crystal Lake Roads.
Voting Aye
Voting Nay
Absent:
Motion carried.
Lieder, Teta, Donahue,
Patterson, McClatchey,
None.
None.
Bolger, Serritella,
Smith.
Alderman Teta expressed concern over the brightness of the lights that
would be generated from the Amoco sign over the canopy. Since it was in
somewhat of a residential neighborhood, he was concerned that it might
cause problems in the future. Alderman Bolger asked if Amoco
representatives would be willing to sit down with the Council six months
after the station is open to review it if, indeed, the lights resulted in
a problem. He didn't believe the lights would be a problem but in order to
resolve the concerns of the Council, this could be a way to settle it.
Attorney Zanck said that Amoco had some concerns, because #1: They don't
know that there is a problem, and #2: The City and Amoco have entered
into a friendly contract which says that the City will approve what is
submitted to them tonight as long as it is substantially similar with what
Amoco did with the station at Ringwood Road. They have done that this
evening, and now there seems to be an attempt to renegotiate where Amoco
has no obligation. However, Mr. Rudd said Amoco wanted to be a good
neighbor, and if there was a problem with the lighting he would meet with
the City at a later time to try to work out a solution. They would be
cooperative as they have always been.
Motion by Lieder, seconded by Serritella, to approve the site
plan, landscape plan, sign plan, and architect's renderings as submitted
by Amoco Oil for the proposed new station on the southwest corner of
Crystal Lake and Bull Valley Roads.
Voting Aye:
Voting Nay:
Abstain:
Absent:
Motion carried.
Lieder, Teta, Bolger,
McClatchey, Smith.
None.
Donahue.
None.
Serritella, Patterson
Attorney Zanck asked on a point of order concerning the automobile
laundry hours --if that was going to be addressed tonight at the Council
meeting. Mayor Busse said that the hours of operation of the automobile
laundry were consistent for all three stations. There would be no changes
in those hours of operation.
Discussion was held on annexation of the Mobil Oil property on the
northeast corner of Bull Valley and Crystal Lake Roads. Petitioners in
attendance were: Richard Boncosky and Chuck Werth. Attorney Donald
Truckenbrod was also in attendance along with the petitioner's engineer
John Smith of Smith Engineering. Truckenbrod noted that at the previous
meeting some questions were raised. One of the questions referred to the
size of the detention pond, whether it could hold all of the run-off from
the area. Engineer Smith reviewed the plat and reported there was
sufficient capacity to handle run-off from the area.
Another area of concern was the configuration of the road plan as per
County Highway future plans. Smith conferred with McHenry County Highway
Superintendent Rakow and found that the petitioner's plan was in total
conformance with the County design. There are two lanes existing on
Crystal Lake Road and Smith felt there was room for six lanes.
Another concern was an area located between the petitioner's property
and the Bull Valley Road right-of-way. The petitioners have a letter from
County Highway Superintendent Rakow stating that he will permit
landscaping of that area between the Mobil station property line and Bull
Valley Road. In the annexation agreement Mobil has agreed to landscape
that property also. The Council requested that in addition to providing
the landscaping for that area, Mobil should also agree to maintain the
DroDerty. Truckenbrod said that would he included in the
Wednesday, October 3, 1990
Page 3
annexation agreement.
Another concern was: What if Amoco did not perform in connection with
sewer installation? Truckenbrod said that he and City Attorney Narusis
had worked out some language in the agreement in paragraph 11 to handle
that situation. Discussion was held on the number of monument -type signs
for the property in question. The annexation agreement as submitted in
paraggraph 17 allowed one monument -type sign along Crystal Lake Road and
another monument -type sign along Bull Valley Road for tract one. Due to
the configuration of tract one, the petitioners felt they needed two
monument signs for that parcel. Peterson pointed out that another station
had agreed on one monument sign with two box -type pricing signs at each
entrance. Petitioner Richard Boncosky said he would be agreeable to one
monument -type sign if two box -type pricing signs could be used at the
entrances to the station.
The changes that would then have to be made to the Annexation
Agreement would be to require that the area between Bull Valley Road and
the south property line of the Mobil property be landscaped and maintained
by Mobil, and that one monument sign with two box -type pricing signs would
be permitted on tract one.
Motion by McClatchey, seconded by Serritella, to pass an
ordinance approving the annexation agreement contingent upon the changes
as listed above, and to authorize the Mayor and City Clerk to sign the
agreement.
Voting Aye: Bolger,
Busse.
Voting Nay: Lieder,
Abstain: Donahue.
Absent: None.
Motion carried.
Smith, McClatchey, Patterson, Serritella
Teta.
Motion by Smith, seconded by Patterson, to pass an ordinance
annexing the Mobil property as presented.
Voting Aye: Serritella, Patterson, McClatchey, Smith, Bolger.
Voting Nay: Lieder, Teta.
Abstain: Donahue.
Absent: None.
Motion carried.
Motion by Patterson, seconded by McClatchey, to pass an
ordinance zoning tract one of the Mobil property to C-1 Convenience
Commercial District with a conditional use as outlined in the ordinance;
to zone tract two of the Mobil property to C-1 Convenience Commercial
District and to grant a variance to allow the location of an automobile
service station within 600 ft. of another automobile service station, as
presented.
Voting Aye: Serritella, Patterson, McClatchey, Smith, Bolger.
Voting Nay: Lieder, Teta.
Abstain: Donahue.
Absent: None.
Motion carried.
Motion by Patterson, seconded by Bolger, to pass an ordinance
amending the Comprehensive Plan to conform with the C-1 zoning of the
Mobil property as presented.
Voting Aye: Serritella, Patterson, McClatchey, Smith, Bolger.
Voting Nay: Lieder, Teta.
Abstain: Donahue.
Absent: None.
Motion carried.
The conditional use permit requested by Mobil/Walmart at the corner of
Route 31 and McCullom Lake Roads was presented for approval. One of the
concerns was whether a third lane should be installed on McCullom Lake
Road at the entrance to the proposed station.
Motion by Lieder, seconded by Serritella, to request the City
Engineer to review with the City staff and the Mobil staff the road
configuration at McCullom Lake Road for the entrance into the proposed
Mobil station and to have the City Engineer report back to the Council
with their findings.
Voting Aye: Lieder, Teta, Serritella, Patterson, McClatchey,
Smith, Bolger.
Voting Nay: Donahue.
Absent: None.
Motion carried.
Another area of concern was the noise that would be generated from the
car wash and the requested hours of operation by Mobil for the car wash.
They were requesting that the car wash be open from 5:00 A.M. or 6:00 A.M.
to Midnight, seven days a week. The sign location, size and type were
also a matter of concern since the corner of Richmond and McCullom Lake
Roads present an unusual traffic problem. Representing the Mobil Oil
Company for this Conditional Use request were Charles Wagner of Mobil and
his attorney, Thomas Rupp. In order to determine how much noise would be
generated from the car wash with the new blower operation that Mobil was
installing, Wagner was asked to give the Council a location where this
type of machinery and car wash are presently in operation so they could
visit the site to determine if the noise level was objectionable. Wagner
said he would give that information to City Administrator Peterson within
the next week.
It was decided to defer action on the Mobil/Walmart Conditional Use
request until the following points were addressed: hours of car wash
operation; sign location, site and size; and road configuration of
McCullom Lake Road. The matter will be placed on the October 17, 1990
agenda for further consideration and action.
Alderman McClatchey left the meeting at 9:50 P.M.
Motion by Smith, seconded by Patterson, to approve the Preliminary and
Final Plats of McHenry Corporate Center, Phase II, as presented.
Voting Aye
Voting Nay:
Absent:
Motion carried.
Bolger, Donahue, Lieder,
Serritella.
None.
McClatchey.
Teta, Smith, Patterson,
Discussion was held on entering into a coopertive agreement with
School District #156 as recommended by the Park Committee, whereby the
City would install lights at West Campus tennis courts at an approximate
cost of $30,000, with the high school to pay for the utility and
maintenance costs of the lights.
Motion by Teta, seconded by Bolger, to concur with the
recommendation of the Park Committee and enter into an agreement with
School District #156 for the use and ongoing utility and maintenance costs
for lighting the West Campus tennis courts and to authorize the City staff
to solicit bids for installation of this lighting while the cooperative
agreement is being finalized.
Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson
Serritella.
Voting Nay: None.
Absent: McClatchey.
Motion carried.
Mayor Busse called for a recess at 10:25 P.M. The Meeting reconvened
at 10:36 P.M., with everyone still in attendance.
Motion by Patterson, seconded by Donahue, to call the $19,000
Letter of Credit for Pheasant Valley Subdivision, and use the proceeds to
complete the remaining public improvement work to be done in that
subdivision.
Voting Aye
Voting Nagy
Absent:
Motion carried.
Bolger, Donahue, Lieder,
Serritella.
None.
McClatchey.
Teta, Smith, Patterson,
Wednesday, October 3, 1990 Page 5
Lengthy discussion took place on banning the burning of leaves within
City limits.
Motion by Teta, seconded by Bolger, to pass an ordinance
banning the burning of leaves in the City of McHenry, effective
November 1, 1990.
Voting Aye: Bolger, Teta.
Voting Nay: Donahue, Lieder, Smith, Patterson, Serritella.
Absent: McClatchey.
Motion did not carry.
Alderman Serritella left the meeting at 11:07 P.M.
Motion by Smith, seconded by Patterson to authorize the Mayor
and City Clerk to sign documents authorizing the expenditure of
$332,013.16 as Payout #1 for release of construction money for the City of
McHenry Municipal Complex.
Voting Aye
Voting Nay
Absent:
Motion carried.
Bolger, Donahue, Lieder,
None.
Serritella, McClatchey.
Teta, Smith, Patterson
City Administrator Peterson reported that he had received a letter
from the State of Illinois Department of Agriculture indicating that they
would be willing to make an exchange for the Facilities Planning Area
(FPA) of 600 acres in Section 9 of Nunda Township for 1 1/2 sections in
McHenry Township, east of Ringwood.
Motion by Bolger, seconded by Patterson, to authorize City
Administrator Peterson to contact the State of Illinois Department of
Agriculture, and advise them that the compromise set forth in their letter
of September 27, 1990, signed by James R. Hartwig, would be acceptable to
the City of McHenry.
Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Motion by Smith, seconded by Teta, to approve the City
Clerk's request to attend a Municipal Clerks of Illinois Conference at
DeKalb on October 10, 1990 through October 12, 1990.
Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Motion by Teta, seconded by Smith, to go into Executive
Session at 11:26 P.M. to discuss personnel.
Voting Aye: Bolger, Donahue, Lieder, Smith, Patterson, Teta.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Motion by Lieder, seconded by Teta, to go back into Open
Session at 11:40 P.M.
Voting Aye: Bolger, Donahue, Lieder, Smith, Patterson, Teta.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Wednesday, October 3, 1990
Page 6
Motion by Bolger, seconded by Donahue, to approve the Mayor's
recommendation to hire Marcia Geraghty of 4710 N. Fox Lane, McHenry, IL,
as a Department Secretary in the Building and Zoning Department, at a
salary of grade 7, minimum step, effective October 8, 1990.
Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Motion by Smith, seconded by Patterson, to adjourn.
Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, Patterson.
Voting Nay: None.
Absent: McClatchey, Serritella.
Motion carried.
Meeting adjourned at 11:40 P.M.
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