HomeMy WebLinkAboutMinutes - 12/02/1998 - City Council REGULAR MEETING
DECEMBER 2, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, December 2, 1998 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City
Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Public
Works Batt, Director of Community Development Napolitano. Absent: Chief of Police
Joyce, Director of Parks and Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
Michael Palmer of 912 Center Street requested Council consider amending Table
20 of the City of McHenry Zoning Ordinance which currently limits the size of
detached garages to 700 square feet. Mr. Palmer stated if he were to construct a
garage addition to his principal structure, there would be no limitation as to the size
of the garage, as long as he were to comply with all setback requirements. Mr.
Palmer stated he will seek a variance from the Zoning Board of Appeals to continue
with his project, however, he opined the current ordinance was outdated and needed
to be reviewed.
In response to Alderman Bolger's inquiry, City Administrator Lobaito stated all
Zoning Ordinance Text Amendments must go through the Zoning Board of Appeals for
consideration and recommendation. In response to Alderman Glab's request, City
Administrator Lobaito stated the subject ordinance will be provided for Council review
in the Friday, December 4th Agenda packets.
PUBLIC HEARING: 1998 TAX LEVY
Mayor Cuda called to order the Public Hearing on the City of McHenry 1998 Tax
Levy at 7:35 p.m.
City Administrator Lobaito reminded Council the 1998 Property Tax Levy was
presented for Council review at the November 11 , 1998 regularly scheduled Council
Meeting. As per State Statute, Council scheduled a Public Hearing for Wednesday,
December 2, 1998 to consider the 1998 Property Tax Levy as presented. The
proposed 1998 Property Tax Levy of $2,434,989 represents an increas of 15% over
the 1997 Tax Levy. Notice of the Public Hearing was published in Section A of the
Northwest Herald on November 23, 1998. It is the recommendation of Staff to pass
an ordinance adopting the 1998 Property Tax Levy as presented.
Mayor Cuda requested comment from Council. There was none. Mayor Cuda
opened the floor to public comment. There was none. In response to Mayor Cuda's
inquiry, City Clerk Althoff reported no written or verbal comments had been received
by the Clerk's Office.
Motion by Glab, seconded by Murgatroyd, to close the Public Hearing at 7:37
p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Murgatroyd, seconded by McClatchey, to pass an ordinance adopting
the 1998 Property Tax Levy in the amount of $2,434,989 delineated as follows:
_ Fund Maximum Rate 1998 Extension
General Fund 0.25 868,189
IMRF Retirement Fund No limit 580,000
Police Pension Fund No limit 305,000
Audit Fund No limit 15,000
Police Protection Fund 0.075 280,000
Liability Insurance No limit 310,000
Band 0.04 12,000
Public Benefit 0.05 60,000
Civil Defense 0.05 4,800
Totals 0.6075 2,434,989.
December 2, 1998 Page 2
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Murgatroyd noted the Property Tax Levy as presented may be
reduced depending upon McHenry's 1998 Equalized Assessed Valuation which will
not be determined by the McHenry County Clerk's Office until March 1999.
CONSENT AGENDA
Motion by Baird, seconded by Glab, to approve the Consent Agenda as follows:
■ Regular City Council Meeting Minutes - November 11, 1998
■ Letter of Credit Reduction to $94,292 with Maintenance warranty in the amount of $32,659.52 -
Lanco Development (Burning Tree Unit III)
■ Letter of Credit Release with warranty in the amount of $104,472.34 - McHenry Land and
Developing Corporation (McHenry City Centre Business Park)
■ Payment Request No. 1 in the amount of $58,113 - Green Street Revitalization Project - Alliance
Contractors
■ Payment No. 12 in the amount of $10,460.75 - South Wastewater Treatment Plant Improvements
■ October Budget Report.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVAL - 1999 FIESTA DAYS SCHEDULE OF EVENTS
McHenry Area Chamber of Commerce Chief Executive Officer Debra Harr and
Fiesta Days Board Members including Dick Pagelow, Pat Bingham, Phil Bartmann,
Fiesta Days Chairman Kathy Pelz, and Jeff Kolbaska, were in attendance. The
tentative 1999 Fiesta Days Activity Schedule was presented for Council review and
approval. Ms. Harr noted she had met with Chief Joyce on Friday, October 30, 1998,
to review the proposed schedule. Chief Joyce has expressed no opposition. Ms. Harr
noted although the tentative 1999 Fiesta Days Schedule was substantially the same
as the final Fiesta Days Activity Schedule for 1998, two changes should be noted:
the addition of a Plywood Cup Challenge in McCullom Lake on Sunday, July 18th, and
the addition of one day at the beginning of the ten-day schedule. The 1999 Fiesta
Days Schedule will begin on Friday evening, July 16th at 6:00 p.m. with a Food
Fiesta, volleyball tournament and Country and Western Entertainment. Harr noted the
Drum & Bugle Corps Show of 1998 was a one-time activity in honor of the 50th
Anniversary celebration.
Motion by McClatchey, seconded by Bolger, to approve the tentative 1999
Fiesta Days Activity Schedule as presented.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR REZONING AND VARIANCE - PRIME COMMERCIAL, 420 NORTH
FRONT STREET
Prime Commercial Principal Scott Dixon, Project Manager Anne Rodenkirch, and
Prime Commercial Attorney Thomas Zanck of Militello, Zanck and Coen, were in
attendance. Attorney Zanck informed Council Prime Commercial Inc. is proposing the
construction of a multi-tenant office/commercial building at 420 North Front Street.
December 2, 1998 Page 3
The subject property is located on the east side of Route 31 approximately 150 feet
south of Anne Street. The property has 365 feet of frontage on Route 31 and is a
2.76 acre parcel. The property is currently zoned RS-3 and used as law offices. The
law office use was approved in 1979 as a use variance in the residential zoning
district. Attorney Zanck noted Prime Commercial, subsequent to meeting with area
residents, amended their original zoning request from C-3 Community Commercial to
0-2 Office Park Zoning, with a use variance for 18 commercial uses not identified in
the 0-2 Zoning District. Zanck stated, if the variance is approved, the list of 18 uses
would be considered permitted uses which could be introduced on the property
without further City Council approval. The Petitioners appeared before the Zoning
Board of Appeals on October 19, 1998 and received a unanimous recommendation for
approval with no conditions.
Staff noted demolition of the building currently situated on the property at 420
North Front Street was reviewed by the McHenry Landmark Commission. The
Landmark Commission has submitted a Letter of Opinion enumerating the current
building's historical significance. Alderman Bolger explained he had spoken with
McHenry Landmark Commission Chairperson Fike, and she had conceded final
determination as to a structure's historical significance was at Council's discretion.
In response to Alderman Murgatroyd's inquiry, Attorney Zanck noted the
proposed multi-tenant office/commercial building could potentially house 4-6 tenants.
Motion by McClatchey, seconded by Bolger, to acknowledge the affirmative
recommendation of the Zoning Board of Appeals and to direct Staff to draft an
ordinance granting a reclassification from RS-3 to 0-2 Office Park Zoning District for
the property located at 420 North Front Street, and granting a use variance to allow
the following as Permitted Uses on the subject premises:
■ Antique Shop
■ Art Shop or Gallery
■ Barber/Beauty Shop/Hair Styling Salon
■ Bookstore or Book and Stationery Store
■ Camera Shop and Photographic Supplies
■ China and Glassware Store
■ Coin and Philatelic Shop
■ Dressmaking
■ Dry Cleaner and Laundry (Processing Done Off-Site)
■ Florist Shop
■ Gift or Card Shop
■ Hobby and Craft Store
■ Interior Decorating Shop
■ Jewelry Sales and Repair
■ Musical Instruments Sales and Repair
■ Optician Sales (Retail)
■ Philanthropic and Charitable Organizations
■ Travel Bureau.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Prime Commercial principal Scott Dixon noted, in response to Alderman Baird's
_ comment, the facility will never in all likelihood be fully occupied by commercial/retail
entities, as the second story design does not lend itself to commercial/retail
development.
AWARD OF BID - LAKELAND PARK DRAINAGE PROJECT PHASE III
Director of Public Works Batt reported Bid Specifications were developed and
bid submittals sought for Phase III of the Lakeland Park Drainage Project. A total of
13 bids were received and opened on Tuesday, November 24, 1998. The project
estimate is $197,455 and the 1998-199 Budget reflects an expense of $225,000 for
this project.
December 2, 1998 Page 4
Thelen Sand and Gravel of Antioch, Illinois, was the lowest responsible bidder
in the amount of $175,575.50. Director Batt noted, although Tim's Excavating of
Woodstock, Illinois, appeared to be the low bidder at the Tuesday, November 24,
1998 opening, subsequent review discovered a unit price and amount for Item #9 had
been omitted. Bid Specification requirements stated a bid will be declared
unacceptable if neither a unit price nor a total price is shown. Therefore, Tim's
Excavating of Woodstock, Illinois, was disqualified.
Motion by Baird, seconded by Murgatroyd, to award a contract to Thelen Sand
and Gravel of Antioch, Illinois, for Phase III of the Lakeland Park Drainage Project in
an amount not-to-exceed $175,575.50.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried
Alderman Murgatroyd noted the contract included costs for restoration work
which will in all likelihood be completed in the Spring of 1999.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he and City Administrator Lobaito would be meeting with
Ken Bruce, property owner, next Wednesday, December 9, 1998 at 3:30 p.m. to
discuss the purchase of property adjacent to the City of McHenry South Wastewater
Treatment Plant. City Administrator Lobaito, City Planner Maggio, Director of
Community Development Napolitano, and he met with the property owners of the
Florence Blake Property, located east on Route 31 , north of the Steak 'n Shake.
Potential uses and site design were discussed, as the property owners have been
contacted by several developers. The 87acre parcel is zoned C-5 Highway
Commercial. Alderman Bolger noted FAP 420 right-of-way runs through this parcel
of property.
Mayor Cuda reported he and City Administrator Lobaito had met with Donald
and Roger Gerstad as per Council direction at the regularly scheduled November 23,
1998 Council Meeting. The Gerstads agreed to attend a joint meeting with High
School District 156 representatives and City of McHenry representatives. A letter has
been sent under Mayor Cuda's signature to High School District 156 Board President
James Heffelfinger requesting said meeting. The Gerstads also noted the Illinois
Department of Transportation was moving forward with the potential purchase of FAP
420 right-of-way, located on the parcel of property proposed for annexation. In
response to Alderman Glab's inquiry, City Administrator Lobaito noted the total
acreage for the FAP 420 right-of-way was approximately 11 to 13 acres. Mayor Cuda
and Staff will keep Council apprised as to any new developments with regard to the
proposed Gerstad Diedrich Farm annexation.
Mayor Cuda also reported Village of Johnsburg Trustee Harry May is requesting
a meeting between City of McHenry representatives and Village of Johnsburg
representatives be scheduled to continue discussion on the proposed City of
McHenry/Johnsburg Boundary Agreement.
COMMITTEE REPORTS -..
Parks and Recreation Committee Chairman Alderman Baird reported he and
Director of Parks and Recreation Merkel had met with Architectural firm consultants
Sente and Rubel representatives on Tuesday, December 1 , 1998. The Parks and
Recreation Committee's recommendations regarding the proposed recreation facility
amenities and design were presented and reviewed. Sente and Rubel representatives
will draft a preliminary recreation facility design with associated cost figures.
December 2, 1998 Page 5
STAFF REPORTS
Director of Community Development Napolitano reported he had attended a
meeting with representatives from the villages of Johnsburg, Ringwood, and Spring
Grove to discuss future improvements to the northern portion of State Route 31 . This
meeting was a direct result of the November 11 , 1998 McHenry County EDC Meeting
addressing State Route 31 improvements from Algonquin north to the state line. A
written report was distributed for Council review and reference. Director Napolitano
stated the meeting's discussion focused on the design and development of the West
McHenry Bypass. Each community affirmed their commitment to the West McHenry
Bypass project. Director Napolitano stated his intent to continue attending these
meetings and provide Council with updates. Staff noted the McHenry County
Transportation Department has announced the West McHenry Bypass has been
prioritized as the number one project for 1999.
Director of Public Works Batt, referencing the November 6, 1998 letter received
from Steven and Craig Bjorkman, reported a letter had been sent to all the affected
property owners inviting them to attend a meeting to be scheduled the week of
January 5, 1999. At this time, the Bjorkmans' proposal to alleviate traffic in this area
of Crystal Lake Road, as well as Staff recommendations, will be presented and
reviewed. A copy of the letter will be included in Friday, December 4, 1998 Agenda
Packets for Council review. Director Batt also informed Council the Bike Path striping
on Oak Drive has created a potentially dangerous situation between bike riders and
vehicular traffic. Representatives of the Illinois Department of Transportation and
McHenry Conservation District have been contacted. The situation will be reviewed
and corrected.
City Administrator Lobaito reported the McHenry Landmark Commission at their
December 1 , 1998 regularly scheduled meeting, approved a $7,000 donation to the
City of McHenry for the renovation of the Petersen Farm dairy barn roof. Approval of
the $24,000 expenditure will be included as an Agenda Item at the December 9, 1998
regularly scheduled Council Meeting. City Administrator Lobaito also noted he had
received formal notification from both units of the City of McHenry Police Officer's
Association to begin negotiating the bargaining contract. Noting the City-owned River
Road property remains vacant and is yet unsold, City Administrator Lobaito requested
Council consider entering into a rental agreement. The rental would be a month by
month lease agreement. Some discussion followed. City Administrator Lobaito noted
Council action would be to approve the lease agreement as well as to authorize the
Mayor and City Clerk's execution of said agreement. It was the consensus of Council
to authorize the rental at a rate of $850/month, including utilities, to area resident
Timothy Bond.
Motion by Bolger, seconded by Baird, to approve the month by month rental of
the City-owned 1115 North River Road property to Timothy Bond, at a rate of
$850/month including utilities, and to authorize the Mayor and City Clerk's execution
of a rental lease agreement.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Lobaito informed Council as the property's porch roof has
sustained storm damage, immediate repair will be required. Staff is currently obtaining
_ a minimum of three quotes. In response to City Administrator Lobaito's request,
Council considered and agreed to authorize the roof repair expenditure to the entity
submitting the lowest responsible quote.
December 2, 1998 Page 6
Motion by Glab, seconded by Bolger, to direct Staff to obtain roof repair quotes
for the 1115 North River Road Property, distribute them for Council consideration, and
if no objections were forthcoming, authorize the repair expenditure, as well as
authorize the Mayor and City Clerk's execution of the roof repair contract.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Althoff reminded Council of the Wednesday, December 16, 1998
McHenry County Municipal Association Christmas meeting. Reservations are to be
made through the Clerk's Office. In addition, she reported the Local Update Census
Address (LUCA) Reports had been completed and 534 additional addresses have been
submitted.
NEW BUSINESS
Alderman Baird directed City Clerk Althoff to provide the appropriate information
regarding the Illinois Commerce Commission Hearings scheduled for December 8, 9,
and 10, 1998, on all the private water companies owned by T. P. Mathews,
specifically, McHenry Shores, to the local newspapers.
In response to Alderman McClatchey's inquiry, Staff noted the leaf burning ban
ordinance will be addressed as an Agenda Item at the Monday, December 14, 1998
regularly scheduled Council Meeting. City Clerk Althoff noted letters addressing the
proposed ban have been submitted and will be distributed with the corresponding
Agenda Supplement.
Finance and Personnel Committee Chairman Alderman Murgatroyd scheduled
a Finance Committee Meeting for Monday, December 14, 1998 at 6:30 p.m. to —�
address the Water's Edge Condominium Association I request regarding the
Thornwood Drainage Ditch Project. A second Finance and Personnel Committee was
scheduled for Wednesday, December 9, 1998 at 7:00 p.m. to review the final
candidates for the City of McHenry's banking services.
In response to Alderman Glab's request, Staff was directed to investigate the
water drainage problem at the Oakwood Drive and Royal Drive intersection, near Alden
Terrace.
City Administrator Lobaito reminded Council in light of Police Chief Joyce's
resignation, members of the Police Commission had been invited to attend this
evening's meeting to obtain Council input regarding the hiring of the next Chief of
Police. Police Commission Chairman Timothy Wirfs, Secretary Marianna Wolfineyer,
and Commissioner Father Sherry were in attendance.
City Administrator Lobaito explained the Police Commission by ordinance is
responsible for advertising, reviewing resumes and interviewing prospective candidates
for the position of Police Chief. The Commission will submit a list of candidates to the
Mayor for appointment, with Council concurrence. Each Alderman then enumerated
the characteristics and attributes desirable in the next Police Chief. It was the
consensus of Council the following attributes were desirable: —
■ Leadership skills
■ Experience
■ Familiarity with the community and the county
■ Awareness and support of community policing programs
■ Collective bargaining experience
■ Longevity
■ Innovation
■ Charisma
■ Technological expertise.
December 2, 1998 Page 7
Overall, it was the consensus of Council, candidates for the Police Chief
position should express a vision for the future, be innovative and experienced, and
have experienced growth and growth issues. Police Commission Chairman Wirfs
stated an assessment firm may be utilized. The Commission would begin advertising
for the position immediately and anticipate interviews occurring in February.
In response to Mayor Cuda's inquiry regarding educational backgrounds of the
potential candidates, Police Commission Chairman Wirfs stated candidates will be
required to have the following at a minimum:
■ FBI training;
■ An Associates Degree; and
■ Be enrolled in continuing education seminars.
A lengthy discussion followed regarding the potential reorganization of the
Police Department, including a Deputy Chief's position. In addition, Council expressed
a need to hire Police Officers with a second language, specifically Spanish.
EXECUTIVE SESSION
Motion by Glab, seconded by McClatchey to go into Executive Session at 8:55
p.m. to discuss Personnel and Potential Litigation.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:55 p.m.
Motion by Bolger, seconded by Baird, to go back into Open Session at 9:25
p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:25 p.m.
Motion by Baird, seconded by Murgatroyd, to approve the hiring of Clay Cooper
for the position of Street Division Maintenance Worker at Grade 6, Step 1 , with a
starting salary of $25,755, effective December 20, 1998, subject to successful
completion of a pre-employment physical.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Baird, seconded by McClatchey, to approve the hiring of John
Dunne, for the position of Code Compliance Inspector, at Grade 7, Step 1 , with a
starting salary of $27,030, effective December 14, 1998, subject to successful
completion of a pre-employment physical.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
December 2, 1998 Page 8
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:27 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:27 p.m.
CI Y CLER MAYOR