HomeMy WebLinkAboutMinutes - 10/07/1992 - City CouncilREGULAR MEETING
OCTOBER 7, 1992
In the absence of Mayor Busse, Mayor Pro Tem Smith called the regular
meeting of the City Council to order in the Council Chambers of the
Municipal Center at 7:30 P.M. At roll call the following Aldermen were
present: Bolger, Donahue, Locke, Lieder, Smith, Adams, Patterson,
Serritella. Absent: None. City Staff in attendance: City Clerk
Gilpin, City Attorney Narusis, City Administrator Peterson, Director of
Public Works Batt, Director of Building and Zoning Lobaito, Chief of
Police Joyce. Absent: Park Director Merkel.
TEN MINUTE PUBLIC INPUT SESSION
During the ten minute public input session, Patricia Buhrman of 4708
West Shore Drive extended an invitation to any Aldermen who wish to speak
at a High School Social Studies class to present both sides on the
referendum concerning the number of Aldermen per ward. Gary Lang of Gary
Lang Automotive signed up for the Public Input session but asked to speak
during the agenda item on his sign request. Joseph Della Maria, an
Attorney for Madela, Inc., signed up to speak on the Conditional Use for
the Golf Learning Center driving range. He asked to speak when the
matter came up on the agenda.
CONSENT AGENDA
Motion by Patterson, seconded by Serritella, to approve the Consent
Agenda as follows:
(1) Approve a request of McHenry Corporate Center, Unit II, for an
extenstion of time to complete installation of public improvements
until June 15, 1993;
(2) Approve request of Deerwood Estates for an extension of time to
install public improvements at Deerwood Estates, Phases II and III
until November 14, 1994;
(3) Approve Granite Builders request for an extension of time to complete
installation of public improvements in Green Valley, Unit I, until
December 1, 1993.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting Nay: None.
Absent: None.
Motion carried.
SIGN VARIATION REQUEST - GARY LANG AUTOMOTIVE
It was reported by the Building and Zoning Director that signs were
installed at 908 N. Front Street and 1109 N. Front Street in violation of
the City Sign Ordinance. There are a total of 11 poles which have two
signs each on them. Mr. Lang reported that signs have existed on these
poles for the past several years in the form of either American flags or
red, white and blue signs advertising the business. It was suggested
that the Council might consider reducing the number of poles on which the
signs may appear, and also to address the size of the signs. Each of the
current signs is approximately 8 square feet. Mr. Lang was present to
answer questions of the Aldermen.
Motion by Bolger, seconded by Locke, to approve the sign variation
request of Gary Lang, and limit the size of signs or banners which can be
placed on the 11 poles to a total of 16 square feet, with any future
signage to be regulated and monitored by the Building and Zoning
Director, and if there is any future problem, it should be brought back
to the City Council.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting May: None.
Absent: None.
Motion carried.
Mayor Busse arrived at 7:55 P.M. and chaired the remainder of the
meeting.
October 7, 1992 Page 2
CONDITIONAL USE REQUEST - GOLF LEARNING CENTER
The proposed Golf Learning Center is to be located in the McHenry
Corporate Center Business Park which is zoned I-1. Under the terms of
the annexation agreement, a golf driving range is permitted as a
conditional use in the Corporate Center. The proposed Golf Learning
Center includes a 55-station driving range with both heated and
non -heated tees, lighting for night use, a putting green, a teaching
area, a small indoor facility for private lessons, indoor facilities for
storage, a snack shop (vending machines), and equipment sales. The
Zoning Board of Appeals considered the request for a conditional use at
its September 21, 1992 meeting and approved it on a 5-0 vote.
In attendance at the meeting to answer questions and make
presentations were petitioner Mike Warner; his land planner Ted Johnson
of Thompson Dyke and Associates; Rob Warner, landscape architect; Kit
Carstens and Scott Dixon of McHenry Corporate Center.
Joseph Della Maria, attorney for Madela, Inc. was present to raise
objections to the proposed conditional use. He contended that the use of
a golf range and learning center in a business park was totally
incompatible with a business setting. He submitted letters dated
October 1, 1992 and October 6, 1992 detailing Madela's concerns. The
October 6, 1992 listed four objections. City Attorney Narusis answered
all of the allegations and felt there was no need for this petition to go
back to the Zoning Board of Appeals.
One of Madela's concerns was that the business park would now turn
into more of an amusement park. They feared that a path would be cleared
for further recreational establishments such as batting ranges, arcades,
mini golf courses, go-cart tracks, bunge jumping, etc. Attorney Della
Maria asked that any action on the conditional use request be delayed
until he could get a chance to present evidence after talking to an
appraiser and a land planner.
In response to Madela's fear of any further amusement uses coming
into the park, Kit Carstens stated that McHenry Corporate Center would be
willing to make a blanket statement that there will be no activities
other than the plan as presented at this time for the Golf Learning
Center. Carstens asked that this language be incorporated into the
conditional use ordinance. He also submitted a petition signed by twelve
businesses in the Corporate Center which indicated they were in agreement
with the proposed profession Golf Learning Center project.
Motion by Bolger, seconded by Patterson, to concur with the Zoning
Board of Appeals' recommendation and pass an ordinance granting the
petitioner's request for a conditional use, contingent upon some sort of
suitable planting being placed between the Madela building and the Golf
Learning Center property, with a buffer/landscape plan to be presented to
the Building and Zoning Director and brought before the City Council for
approval, with the site to be developed based on the plan as submitted.
During discussion, Alderman Patterson withdrew his second because he
felt that the issue should not be voted on at this meeting. Some
Aldermen felt the matter should be delayed until the Golf Learning Center
and Madela could get together to reach a suitable understanding.
When Alderman Patterson withdrew his second, Alderman Donahue
seconded Alderman Bolger's motion. Further discussion ensued.
Motion by Bolger, seconded by Donahue, to call the question.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson.
Voting Nay: Serritella.
Absent: None.
Motion carried.
Voting on the original motion:
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson.
Voting Nay: Serritella.
Absent: None
Motion carried.
October 7, 1992 Page 3
Mayor Busse called for a recess at 9:20 P.M. The Meeting reconvened
at 9:32 P.M. with everyone still in attendance.
DEDICATION OF PROPERTY
The Oaks of McHenry subdivision contains sites for an elevated tank
and additional wells for water production. Wells have been drilled on
the sites, and have produced acceptable water quality and quantity. Due
to the iron content in the water, it will again be necessary for the City
to construct a pressure filter system to remove the iron. Both the City
Engineers and the Staff feel that Lot 13 in the Hemphill Subdivision
IL would be a good location for a water treatment facility. Home by
Hemphill indicated they were willing to dedicate Lot 13 to the City at no
cost in exchange for the relief of an obligation to construct a fence
around the detention pond that was recently accepted by the City of
McHenry in connection with discussions with Target Stores. It was
proposed that Lot 13 be used for the site of a water treatment facility,
and that the architectural treatment of this building be made to look
similar to model homes in the subdivision. The value of Lot 13 was
$30,000.
Motion by Smith, seconded by Adams, to accept the dedication of Lot
13 in the Hemphill Subdivision in exchange for relief from its obligation
to construct a fence around the detention pond, and that the
architectural treatment of the exterior water plant be designed to look
like one of the model homes in the subdivision.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson.
Voting Nay: Serritlla.
Absent: None.
Motion carried.
It was noted that Lot 13 and an additional lot which the City has for
the site of a water facility building has to be brought before the Zoning
Board of Appeals for a conditional use hearing. Attorney Narusis was
instructed to proceed with this matter.
SNOWPLOWING AGREEMENT FOR UNINCORPORATED AREAS
The City has provided snowplowing services for many years to the
Fegers and Country Club Subdivisions which are not in the corporate
limits. Last year's charge for this service was $700 to Fegers
Subdivision, and $600 to Country Club Drive. It was recommended that
these rates be raised by $50.00 each.
Motion by Smith, seconded by Donahue, to enter into a letter of
agreement with Fegers Subdivision at a fee of $750, and with Country Club
Subdivision at $650 for snowplowing services for the 1992-93 winter
season.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENTS AND REPORTS
The Mayor extended an invitation to staff and Aldermen to attend a
luncheon sponsored by the McHenry Area Youth Commission at the McHenry
Country Club on Thursday, October 22, 1992.
COMMITTEE REPORTS
Alderman Patterson, Chairman of the Park Committee, scheduled a Parks
and Recreation Committee Meeting for Tuesday, October 27, 1992 at
7:30 P.M.
DEPARTMENT HEAD REPORTS
City Administrator Peterson requested that a Finance Committee
Meeting be scheduled for Tuesday, October 20, 1992 at 5:30 P.M.
October 7, 1992
Page 4
CHANGE ORDER APPROVAL
Motion by Patterson, seconded by Donahue, to approve payment of a
Change Order for the Front Street water main extension project in the
amount of $6,520 to increase the size of the casing under Front Street.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting Nay: None.
Absent: None.
Motion carried.
Public Works Director Batt distributed updated lists on sidewalk and
road maintenance programs for the Council to review.
GREEN STREET SIDEWALK INSTALLATION
Motion by Bolger, seconded by Donahue, to authorize the installation
of a sidewalk this fall on the east side of Green Street from Allen
Avenue south to the creek.
Voting Aye:
Voting Nay:
Absent:
Motion did not carry.
EXECUTIVE SESSION
Bolger, Donahue, Adams.
Lieder, Locke, Serritella, Patterson,
Smith.
None.
Motion by Smith, seconded by Adams, to go into Executive Session at
10:30 P.M. to discuss personnel and potential litigation.
Voting Aye:
Voting Nay:
Absent:
Motion carried.
OPEN SESSION
Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
None.
None.
Motion by Bolger, seconded by Locke, to go back into Open Session at
10:45 P.M.
Voting Aye:
Voting Nay:
Absent:
Motion carried.
FILE INJUNCTION
Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
None.
None.
Motion by Locke, seconded by Lieder, to instruct the City Attorney to
file an injunction against Harold Zickafoose, giving him 15 days to
remove material from his property which constitutes a health hazard.
Voting Aye
Voting Nay:
Absent:
Motion carried.
ADJOURNMENT
Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Bolger.
None.
Motion by Smith, seconded by Adams, to adjourn.
Voting Aye: Bolger, Donahue, Lieder, Locke,
Smith, Adams, Patterson, Serritella.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting adjourned at 10:46 P.M.
CITY CLERK