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HomeMy WebLinkAboutMinutes - 12/05/1983 - City CouncilN10NDAY, DECEMBU 5, 1983 8:00 P.M. The Regular Meeting of the McH my City Council was called to order by Mayor Stanek on Monday, December 1983 at 8:00 P.M. in City Hall. At roll call the following Aldermen were present: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Snell, Serritella.', Absent: None. City staff in attendance were Supt. Halvensleben, Attorney Narusis, Clerk Gilpin, Chief Pasenelli and Park Director Merkel. Motion by Nolan, seconded by S ell, to accept the minutes of the November 21, 1983 meeting as present d. Voting Aye: Bolger, Nolan, Bus e, Datz, McClatchey, Smith, Snell, Serritella Voting Nay: None. Absent: None. Motion carried. Mayor Stanek called to order a (Public Hearing for the purpose of con- sidering and hearing testimony as to an ordinance authorizing the execution of an Annexation Agreement in regard �,to the annexation to the City of McHenry of a tract of property comprising approximately 2.021 acres of land generally bounded by Illinois State Route 31 on the east and municipal limits on the north. The property is owned by Haro�d J. Paul and Josephine E. Paul, his wife. It is proposed that the subject property be zoned to B-3 Commercial District to permit service retail and wholesale commercial uses in accor- dance with the proposed Annexation Ag eement. Mr. Paul was in attendance along with his attorney, Richard Eick teadt. In addition to the Aldermen and the City staff, the following per ons were also in attendance: Frances Olsen, Lynne Donarski, James Steinbac and Donna Bertulis. Eicksteadt reported that Mr. Paul had appeared before the Zoning Board of Appeals and the Plan Commission re arding proposed annexation of his property. Both the Plan Commission an the Zoning Board of Appeals gave favorable recommendations conditioned',upon some special conditions. Copies of both reports along with the Annexation Agreement and the Annexation Petition were distributed to the Aldermen prior to this hearing. Attorney Narusis pointed out sl eral items which he felt needed revision or clarification. The first tem concerned paragraph 9 entitled "Disconnectiion From City". It provided for disconnection from the City under certain circumstances. Attorney Narusis advised the City to delete such a provision in any Annexation Ag eement which allows the annexing party to disconnect from the City bec�use of the potential impact on the City and its future ability to annex. The Council decided that this para- graph should be deleted and Attorney Eicksteadt agreed with that decision. Attorney Narusis advised that paragraph 9 would then be deleted from the proposed Annexation Agreement and the owner would not have the right to disconnect from the City under any circumstances. The second matter to be discussed in the proposed Agreement was para- graph 10, which related to recapture agreements. Attorney Narusis said that the languagE� in that paragraph has been broader than his been the policy of the City with annexation agreements in the past and is broader than the authority the City has under the statutes and therefore needs to be narrowed. It was Attorney Narusis' recommendation that the language be narrowed to what the statutes allow and to limit the recapture to a period of 10 years as has been the City's policy in the past. Attorney Eicksteadt agreed to the revision of this paragraph to comply with Attorney Narusis' recommendation. Attorney Narusis said paragraph 10 would be redrafted so that recapture would only occur in connection with water, sewer and storm drains for a period of 10 years. The third item concerned paragraph 15 entitled "Enforceability". Instead of stating that this Agreement shall be enforceable in any court, the language would be changed to limi the jurisdiction for the enforcea- bility of this Agreement to a State C urt such as Woodstock instead of Chicago and the federal courts. This hange was agreeable with Attorney Eicksteadt and his client. The fourth item discussed was palragraph 16 entitled "Severability". One section of that paragraph addressed essentially freezing of the "B-3" Commercial Use Zoning District for tha4t property. Attorney Narusis suggest- ed that a provision be inserted in that paragraph, a statement for clarifi- cation purposes, that it is the intention of the parties that no other I Council Mtg Attendance I I Coun. Mtg. & Public Hrg.I Annexations Monday, December 5, 1983 Page 2. Ordinances of the City be frozen by this Agreement so that any Ordinance changes with regard to rates, building code, fees, etc., will not be inhibited as far as this property is concerned and this property will have to comply with any and all future changes in all other Ordinances. Attorney Eicksteadt and his client agreed with such an insertion in this paragraph. Attorney Narusis also suggested that ai provision be inserted in the Annexation Agreement for payment of an annexation fee which had previously been discussed. An annexation fee of $2,021.I00 was agreed upon between the Council and Mr. Paul. In connection with the annexation of his property, the Annexation Agreement did address itself to the zoning question and it provided for the property to be zoned "B-3" contemporaneously with the annexation. The property is presently zoned Industrial under the McHenry County Zoning Ordinance and by granting a "B-3" zoning classification under the City Zon- ing Ordinance, the property would be undergoing downzoning from Industrial to a business classification which is usually considered an improvement in the zoning character of the property, especially now with the hospital development. It was also noted that the hospital did have someobjections, specifi- cally 15 enumerated uses under the business classifications which they made known through a letter to the Zoning Board of Appeals. Narusis reported that the hospital and Mr. Paul were going to enter into an agreement whereby Mr. Paul would agree not to engage in those 15 uses but that would not appear in the Paul Zoning Ordinance. If any dispute should arise concerning those uses, it would be something for the two parties (the hospital and the land owners) to work out. The City would not have to become involved in it. Narusis noted that up to this point, the City nor the Zoning Board had expressed any problem with respect to the matter of reclassification of the property upon annexation to "B-3" zoning classification. The only expression on that matter had come from the hospital. Mr. Paul said the matter would be taken up between themselves and it was something the'City need not get involved in. Mr. Paul was going to enter into a side agr ement with the hospital and if any problems arose, it would be a contractu al problem between the hospital and the owners. Attorney Eicksteadt pointed out that the zoning on the property would be for "B-3" Commercial Use but it should be noted that there was also a residence upon the property which would be considered a non -conforming use under the provisions of the City's "B-3" classification. Narusis said that the City recognizes the non -conforming uses,and the non -conforming structures on the property in the Zoning Ordinance. Coun. Htg. Motion by Snell, seconded by Bolger,o pass an Ordinance approving the Annexation Agreement with Harold J. and Jos phine L. Paul as amended. Pub. Hrg. Voting Aye: Bolger, Nolan, Busse, Dat4, McClatchey, Smith, Snell, Serritella. Annexations Voting Nay: None. Absent: None. Motion carried. Motion by Nolan, seconded by Datz, to pass an Ordinance annexing the Paul property. Voting Aye: Bolger, Nolan, Busse, Dat4, McClatchey, Smith, Snell, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Serritella, seconded by Snell, to pass an Ordinance zoning the Paul property to "B-3" classification. Voting Aye: Bolger, Nolan, Busse, Dat$, McClatchey, Smith, Snell, Serritella. Voting Nay: None. Absent: None Motion carried. Resolu- Lynne Donarski, of the McHenry Business and Professional Womens' Club, tions addressed the Council concerning the Taxpayer Relief Act of 1984 as outlined by the Coalition for Political Honesty. Motion by Snell, seconded by McClatch y, to pass a Resolution authorizing that the submission of an advisory referend m question of the Taxpayer Relief Act of 1984 be submitted to the voters of the C ty of McHenry at the General Primary Election on March 20, 1984. Voting Aye: Bolger, Nolan, Busse, DatZ, McClatchey, Smith, Snell, Serritella. Voting Nay: None. Absent: None. Motion carried. Monday, December 5, 1983 Page 3 Attorney James Green, a pa tner in the development of Woodcreek Developer Subdivision, addressed the council c ncerning a one year extension of the Donations Developer Donation fees due on that subdivision. Motion by Smith, seconded by Serritella, to grant a one year extension on payment of Developer Donation fees due on Woodcreek Subdi- vision in the amount of $30,600 with 10 percent interest to be paid quarterly -with the one year extension to terminate December 1, 1984. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Dr. Hal Sundin of Baxter & Woodman addressed the council concerning several water and sewer matters. Motion by Bolger, seconded by Datz, to authorize and approve Bid Auth. &I advertising of bids for the Green Street pumping station and sewer line Grants with the bids to be opened January 11, 1984. Sewer Dept.; Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Repairs & Serritella, Shell. Improvements Voting Nay: None. Absent: None. Motion carried. C Dr. Sundin reported on thelSpringfield meeting he had attended with Mayor Stanek and Alderman Bolger regarding the INA Grant applica- tion for a wastewater treatment plant east of Green Street and north j of Bull Valley Road. Motion by Bolger, seconded by McClatchey, to authorize En- Grants gineers Baxter & Woodman to draft a econd supplement for the waste- Water Dept'' water treatment plant grant applicat on for an estimated amount of Improvmt. $5,000. Voting Aye: Bolger, Nolan; Busse, Datz, McClatchey, Smith, Serritella. Voting Nay: Snell. Absent: None. Motion carried. Dr. Sundin also submitted a price proposal for an infiltra- Committees - tion study of the Golf Course Subdivision sewer line in the amount of Auth-Insturct, $13,500. The matter was referred to the Water/Sewer Committee for study and recommendation. Motion by Smith, seconded by Datz, to accept the recommenda- Water/Sewer tion of Baxter & Woodman regarding Winding Creek Subdivision Unit II Misc. Extension Phase II concerning acceptance of the watermains and house service lines to the lot lines on the watermoins; acceptance of the sanitary sewer system for use subject to a final inspection for cleanliness Streets � and manhole frame and cover adjustment after all the surface work has been completed; and acceptance of the storm sewer system for use sub- ject to a final inspection after all'igrading and landscaping work has been completed; and acceptance of the Phase II streets less the final surface course which has been completed in accordance with plans and specifications and can be used for access to the adjacent lots. j Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. j Voting Nay: None. Absent: None. Motion carried. Roger Muterspaugh, consultant for RDG, addressed the council Authorizations'; concerning approval of preliminary and final platsof Winding Creek Unit II, First Addition -extension of Abbey Drive. Dr. Sundin expressed Sewer Dept. concern about putting an additional 17 units on the existing sewer system without some sort of trade-off or revision in the hookup system. Motion by Snell, seconded by Nolan, to take no action at this time, but to authorize the City Attorney to consult with RDG and the City Engineers to workout an agreement on the proper handling of the sewer hookup problems in Winding Creiek Unit II, First Addition. Voting Aye: Bolger, Nolan'„ Busse, Datz, McClatchey, Smith, Serritella, S'O O1. Voting Nay: None. Absent: None. Motion carried. Monday, December 5, 1983 Page 4 'Ordinances Motion by Snell, secondediby Smith, to accept the checklist ',Sub. Control Ord. as recommended by Baxter & Woodman Ind to authorize the City Attorney to amend the Subdivision Control Or inance incorporating the checklist into that ordinance. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. ;Purchases Motion by Smith, seconded by McClatchey, to authorize and Park Dept. approve the purchase of a plaque for installation on the Petersen Park storage room and concession building which includes the names of all the elected city officials. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella. Voting Nay: Snell. Absent: None. Motion carried. ',Agrmts. Motion by Snell, seconded''by Serritella, to authorize the City Council to enter into a memorandum of agreement between the Streets McHenry Township Road District and the City of McHenry for an exchange of services and equipment subject to amendment by the City Attorney and the Mayor. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Sign Permits & Motion by Snell, seconded,by Bolger, to grant a sign variation Variations request by Residential Development group for installation of three signs in Millcreek Subdivision contingent upon removal of the signs; in two years or when 90 percent of the subdivision is completed. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Motion by Busse, seconded by Snell, to pass an ordinance 'Ordinances banningsmoking in the grocery stores in the City of McHenry. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey,, Smith, Snell. Voting Nay: Serritella. Absent: None. Motion carried. Motion by Busse, secondediby Datz, to authorize and approve Employees the payment of Christmas checks to city employees in the amount of $25 for full-time employees and $10 for part-time employees. Authorizations Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella. Voting Nay: Snell. Absent: None. Motion carried. Motion by Bolger, seconded by Nolan, to authorize the Park Bid Auth. Director to advertise for bids on construction of a pond in Knox Park. Voting Aye: Bolger, Nolan, Busse, Datz, Serritella, Snell. Parks-flisc. Voting Nay: Smith, McClatchey. Absent: None. Motion carried. Motion by Smith, seconded by McClatchey, to adjourn the meeting at 11:67 P.M. Voting Aye: Serritella, ''Smith, McClatchey. Voting Nay: Snell, Datz,' Busse, Nolan, Bolger. Absent: None. Motion did not carry. Motion by Serritella, seconded by Busse, to authorize the Parks-11isc• expenditure of $8,625 for development of Malibu Playground as presented. Monday, DE?cember 5, 1983 Page 5 Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. SM 1'rI4, TO Motion by McClatchey, secoinded byAadjourn the meeting at 11:13 P.M. Voting Aye: Serritella, Snell, Smith, McClatchey. Voting Nay: Datz, Busse, Nolan, Bolger. Absent: None. There being a tie vote, the Mayor cast a Nay vote and declared the motion did not carry. Motion by Smith, seconded by Snell, to pass an ordinance prohibiting parking on the north sidle of Lillian Street from Front to Sioux and no parking on both sides of Lillian Street from Sioux to Crystal Lake Road. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Discussion was held on erecting No Left Turn signs from Third to Elm Street but no action was taken. Discussion was held on the vacation due Shop foreman Richard Orton and it was the concensus of opinion to allow him to take the one week vacation he had earned for this year and carry it into the next calendar year. Motion by Datz, seconded by Nolan, to authorize and approve the expenditure of $571.50 for shelving and the bulkhead for the newly purchased van in the water department. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Sinel1. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Busse, to authorize and approve reimbursement of tuition in the amount of $430 to Sgt. Patrick Joyce for a Budget Management Course taken at Aurora College. Vcting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Motion by Smith, seconded by McClatchey, to adjourn. Voting Aye: Bolger, Nolan, Busse, Datz, McClatchey, Smith, Serritella, Snell. Voting Nay: None. Absent: None. Motion carried. Meeting adjourned at 11:53 P.M. ► OR Ordinances Parking Regulations Employees Purchases - Water Dept. Employees