HomeMy WebLinkAboutMinutes - 11/11/1998 - City Council REGULAR MEETING
NOVEMBER 11, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, November 11 , 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, Chief of Police
Joyce, Director of Public Works Batt, Director of Parks and Recreation Merkel.
Absent: Director of Community Development Napolitano.
Mayor Cuda noted Alderman McClatchey was in attendance via
teleconferencing.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minutes of Public Input.
PUBLIC HEARING -ANNEXATION, ZONING AND PRELIMINARY PLAT- KRESSWOOD
TRAILS
Mayor Cuda reconvened the November 4, 1998 Kresswood Trails, Annexation,
Zoning and Preliminary Plat Public Hearing at 7:35 p.m. In attendance were Mr. Gregg
Gabel of GBL Associates, representing the Petitioners, the Pacini Group of Roselle,
Illinois, the Petitioners Attorney, Mr. Daniel Curran, of Campion, Curran, Rausch,
Gummerson and Dunlap, and Jerry Benchwell, On-Site Construction Manager for the
Pacini Group.
The Pacini Group, as Petitioners, is requesting annexation of 20 acres located
on the north side of Bull Valley Road immediately west of the Union Pacific Railroad
tracks. They are requesting the parcel be rezoned RA-1 Attached Residential with a
variance to permit more than one principal building per lot. In addition, approval of the
Preliminary Plat, permitting the construction of a 120-unit townhouse development is
being sought. The townhouse units would be privately owned and a homeowner's
association would maintain ownership of the common areas, including the
landscaping, signage and storm water detention areas. The Petitioners have appeared
before both the Plan Commission on August 20, 1998, receiving a 4-2 positive
recommendation, and before the Zoning Board of Appeals on September 28, 1998,
receiving a unanimous recommendation for approval. Attorney Curran noted the
original request did include a variance to the front building setback for two buildings,
Units 21 and 22. This request for a variance was withdrawn during the Zoning Board
of Appeals Hearing and a revised Preliminary Plat was presented which met all of the
required City of McHenry Zoning Ordinance building setbacks. Attorney Curran also
informed Council area residents had been invited to a meeting where their comments
and suggestions regarding this proposed development were solicited. Attorney Curran
opined the residents in attendance were agreeable to the density, landscaping, and the
proposed architectural design of the buildings. The major concern expressed by area
residents was the extension of Cross Trail through the proposed subdivision to
connect with Bull Valley Road.
In response to City Administrator Lobaito's request, land planner Mr. Gabel
noted only one addition to the revised Preliminary Plat distributed to Council this
evening: the inclusion of City of McHenry Zoning Ordinance bulk regulations.
Attorney Curran also noted the Plan Commission was of the opinion the Cross Trail
street design should be a straight direct extension to Bull Valley Road, while the
Zoning Board of Appeals approved the non-direct circular configuration, currently
depicted on the Preliminary Plat presented for Council approval this evening.
In response to Public Works Director Batt's concerns, it was noted the revised
Annexation Agreement addresses language requiring both four and six unit buildings
to utilize the City of McHenry's contracted waste hauler. After some discussion, it
was the consensus of Council to direct Staff to draft more definitive language to be
included in the declaration of protective covenants for the Kresswood Trails
Townhomes requiring use by all buildings, whether four units or six units, of the City
of McHenry's approved waste hauler under the same terms and conditions as required
of single family home owners within the City of McHenry's corporate limits.
November 11 , 1998 Page 2
At Alderman Glab's initiation, a lengthy discussion ensued regarding the
proposed road configuration of Cross Trail. Alderman Glab supported the direct
straight extension of Cross Trail to Bull Valley Road, citing safety concerns,
specifically, the curves created by the circular road configuration. Alderman
Bairdsupported the non-direct circular road configuration connecting Cross Trail to Bull
Valley Road.
In response to Mayor Cuda's inquiry regarding the safety of the road radius on
circular Kresswood Drive, Director Batt stated, although the proposed road design
meets the City of McHenry Subdivision Control Ordinance standards of 25 feet, a 30
feet radius might be more appropriate and would be more consistent with the most
recently approved subdivisions. At Council's request, the Petitioners, through their
attorney, agreed to redesign Kresswood Drive to an inside radii of 35'. In addition,
it was the consensus of Council to retain the circular road configuration for Kresswood
Drive.
In response to Council request for clarification, land planner Mr. Gabel,
explained each unit is provided a two-car garage and two parking stalls. One garage
is located on each one of the building units, facing the street. The remainder of the
garages, are located in the interior, as an autocourt. Mr. Gabel also pointed out the
four detention ponds located in each of the property's four corners. He explained with
the development of this property, existing detention problems in the Trails of Winding
Creek Subdivision will be addressed, and in all likelihood, corrected.
Some discussion followed with regard to the stubbing of Brookwood Drive to
the west. Attorney Curran stated all the building units access Kresswood Drive.
Therefore, not one building unit has access onto Brookwood Drive. Alderman Glab
suggested a specified Developer Donation amount based on the roads present value
be sought for the future development of the road, delaying its construction until the
opportune time. In support, Alderman Glab cited roadway deterioration, water
detention, and dumping problems. Staff noted a provision in the proposed Annexation
Agreement requires the developer place a sign notifying area residents of the future
extension of Brookwood Drive. Staff also noted Brookwood Trail is a duplicate street
name within the corporate limits of the City of McHenry and will require revision.
Alderman Glab requested the minutes reflect his opposition to the circular road
configuration of Brookwood Drive. A lengthy discussion ensued regarding the need
to include recapture language for public improvements constructed or expanded by the
Petitioner. Mayor Cuda expressed concerns regarding the suggestion to eliminate
from the recapture agreement benefited properties owned by other governmental
bodies. In response to Council inquiry, Staff noted sidewalks will be provided on both
sides of the street. The Petitioner is proposing to construct a ten-foot wide asphalt
bike path from the development entrance to connect with the McHenry County
Conservation District bike path currently under construction at the east edge of the
subdivision development site. In response to Alderman Baird's inquiry, Attorney
Curran noted the construction of the proposed development will occur in two phases.
The bike path construction will occur during Phase ll.
Mayor Cuda opened the meeting to audience comment.
Christa Shelton of 4710 West Glenbrook Trail, addressed Council, stating her
opposition to the extension of Cross Trail to Bull Valley Road.
Ron Tessler of 4720 West Glenbrook Trail, addressed Council, stating his
overall support of the proposed development, but expressing concerns regarding the
extension of Cross Trail through to Bull Valley Road.
Alderman Baird also suggested a four-way stop sign be installed at the future
intersection of Cross Trail and Glenbrook Trail. Mayor Cuda noted for the record City
Administrator Lobaito informed both High School District 156 Superintendent
Schwartzloff and Elementary School District 15 Superintendent Dodds of the
Kresswood Trails Public Hearing.
November 11, 1998 Page 3
Motion by Baird, seconded by Bolger to close the Public Hearing on the
Kresswood Trails Annexation, Zoning and Preliminary Plat at 8:45 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Public Hearing was closed at 8:45 p.m.
Mayor Cuda stated the comments and recommendations from Council, Staff
and the Public will be considered, revising the proposed Annexation Agreement
accordingly. The new draft of the proposed Annexation Agreement will be presented
for Council action at the November 23, 1998 or December 2, 1998 regularly
scheduled Council Meeting.
CONSENT AGENDA
Alderman Glab requested the resolution establishing the Council Meeting
Schedule for the 1999 calendar year be amended, specifically scheduling the January
1999 meetings from the 6th, 13th and 20th to the 6th, 20th and 27th. He cited a
work conflict. Council concurred. In response to Alderman Bolger's suggestion, the
resolution will also include the notation the March 17th meeting is the St. Patrick's
Day Holiday. Council, in response to Alderman Glab's request, directed Staff to
amend the Assistant Administrator job duties and responsibilities description,
specifically under Job Duties and Responsibilities paragraph 2, first sentence,
removing the word "all". The corrected sentence shall read: "Plan, direct, organize,
communicate and control City fiscal operations".
Motion by McClatchey, seconded by Glab, to approve the Consent Agenda as
follows:
■ Resolution establishing 1999 City Council Meeting Schedule, subject to the
._ January meeting amendment as follows: from January 6th, 13th and 20th to
January 6th, 20th and 27th;
■ Resolution: Amendments to Personnel Manual, subject to the following language
amendment: sentence 1, paragraph 2 of the Assistant Administrator Job Duties
and Responsibilities, the elimination of the word "all" to read: "Plan, direct,
organize, communicate and control City fiscal operations;
■ As needed checks:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
91169 CHICAGO TITLE INSURANCE $ 520.00
91170 D & J AUTOMOTIVE SUPPLY $ 48930.00
91171 ZUKOWSKI ROGERS FLOOD & $ 550.00
91172 UNITED STATES POSTAL SERV $ 1200.00
91173 MCHENRY COUNTY RECORDER $ 177.00
91174 INSURANCE CLAIMS ACCOUNT $ 41579.40
91175 POLICE PENSION FUND $ 1969.26
91176 PAYROLL ACCOUNT $ 118391.77
91177 ICMA RETIREMENT TRUST-457 $ 4167.81
91178 NACO CLEARING ACCOUNT $ 792.93
91179 CLERK OF THE CIRCUIT $ 110.00
91180 LYDIA S MEYER, TRUSTEE $ 378.46
91181 INTERNAL REVENUE SERVICE $ 150.00
91182 CLERK OF MCHENRY CIRCUIT $ 61.40
91183 FLEX TRUST ACCOUNT $ 1708.10
91184 ILLINOIS DEPT OF REVENUE $ 4848.51
91185 POLICE PENSION FUND $ 5443.59
91186 AFLAC $ 1440.42
91187 FORT DEARBORN LIFE $ 148.83
91188 TEAMSTERS LOCAL 301 $ 2799.00
91284 INSURANCE CLAIMS ACCOUNT $ 4345.86
91285 POLICE PENSION FUND $ 10956.37
91286 CAPITAL PROJECTS FUND $ 75000.00
91287 MCHENRY COUNTY CHIEFS OF $ 24.00
91288 FBI NAA $ 15.00
91289 NATIONAL FIRE SPRINKLER $ 250.00
�- 91290 INSURANCE CLAIMS ACCOUNT $ 8830.97
91292 PAYROLL ACCOUNT $ 125216.88
91293 ALGRIM, JASON D $ 21.00
91294 ALLISON, JAMES W $ 21.00
91295 BELLING, ANTHONY D $ 25.00
91296 HERNANDEZ, FRED $ 21.00
91297 JORGENSEN, CRAIG L $ 25.00
91296 MCMAHON, JASON M $ 21.00
91299 SANCHEZ, ADRIAN $ 21.00
91300 WIEDENHOEFT, JENNY E $ 21.00
91301 CAPITAL DEVELOPMENT $ 46735.00
91302 WATER/SEWER FUND $ 7055.00
91303 CLERK OF THE CIRCUIT $ 110.00
91304 CLERK OF MCHENRY CIRCUIT $ 61.40
91305 LYDIA S MEYER, TRUSTEE $ 378.46
91306 FLEX TRUST ACCOUNT $ 1679.25
91307 ICMA RETIREMENT TRUST-457 $ 4117.81
91308 NACO CLEARING ACCOUNT $ 732.93
91309 ILLINOIS DEPT OF REVENUE $ 5047.16
November 11 , 1998 Page 4
91310 POLICE PENSION FUND $ 5444.73
91311 SAM'S CLUB $ 75.00
Report Totals 531618.30
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14662 GENERAL FUND $ 4547.00
14667 UNITED STATES POSTAL SERV $ 300.00
14668 MCHENRY SAVINGS BANK $ 150000.00
14669 FIRST MIDWEST BANK $ 325000.00
14687 GENERAL FUND $ 25897.31
14688 GENERAL FUND $ 25272.07
14689 JOSEPH J HENDERSON & SON $ 36673.00
14690 GENERAL FUND $ 23652.25
Report Totals 591341.63
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RATIFICATION OF FY 1999-2000 NISRA MEMBERSHIP DUES
Director of Parks and Recreation Merkel presented for Council consideration and
approval the proposed Northern Illinois Special Recreation Association budget and
proposed dues for McHenry for the 1999-2000 Fiscal Year. The proposed dues for
1999-2000 were reviewed at the Northern Illinois Special Recreation Association
(NISRA) Board of Trustees meeting on Monday, September 28, 1998. The NISRA
Bylaws require a 2/3 majority vote by the district's governing membership bodies for
dues ratification. The City of McHenry has been a participating member of NISRA
since 1993.
In response to Council inquiry, Director Merkel noted the proposed 1999-2000
City of McHenry dues was $58,836, however, each participating member will be
subject to an adjustment based upon actual growth and equalized assessed valuation.
It is Staff's opinion the projected and proposed dues variance will be nominal. Mayor _
Cuda expressed his concerns with the ever escalating dues increase. A brief
discussion followed.
Director Merkel noted 118 unduplicated City of McHenry residents participate
in NISRA programs throughout the year. Alderman McClatchey requested Staff
provide Council with the number of NISRA participants located outside the City of
McHenry corporate limits having a McHenry mailing address.
Motion by Baird, seconded by Murgatroyd, to approve the proposed Northern
Illinois Special Recreation Association dues expenditure of $58,836 for the 1999-2000
Fiscal Year, subject to a nominal adjustment by the actual equalized assessed
valuation for the City of McHenry.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
1998 TAX LEVY REQUEST
City Administrator Lobaito presented for Council consideration the proposed
Levy for 1998 in the amount of $2,434,989 delineated as follows:
Fund Maximum Rate 1998 Requested 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
November 11 , 1998 Page 5
City Administrator Lobaito explained City of McHenry corporate authorities must
determine twenty days prior to the adoption of the aggregate levy the estimated
amounts of money necessary to be raised by taxation each year. The proposed 1998
Levy of $2,434,989 represents a 15% increase over the 1997 tax rate. The increase
is based upon an estimated 1998 equalized assessed value of $393,540,000. City
Administrator Lobaito noted the actual equalized assessed value will not be known
until the McHenry County Clerk sends notice in March of 1999. A brief discussion
followed in response to Alderman Bolger's inquiries regarding the Civil Defense and
Band Levy amounts.
City Administrator Lobaito also informed Council as the proposed aggregate tax
levy amount for 1998 is in excess of 105% of the previous year's extension, a Public
Hearing must be conducted. Staff is recommending the Public Hearing be held at the
regularly scheduled December 2, 1998 Council Meeting.
Motion by Baird, seconded by Murgatroyd, to pass a resolution, establishing the
amount of taxes to be levied by the City of McHenry for 1998, exclusive of election
costs, in the amount of $2,434,989, and to schedule a Public Hearing as required by
the Truth in Taxation Act of 1981 , for the December 2, 1998 regularly scheduled
Council Meeting.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Lobaito noted the required Public Hearing notification will be
published in the Northwest Herald before November 25, 1998.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda, referencing his memo of Friday, November 6, 1998, requested
Council action accepting the resignation of Landmark Commission Chairperson Nancy
Fike and appointing current Landmark Commission member Greg Loffgren as
Chairperson. In response to Council inquiry, Mayor Cuda noted Mrs. Fike will remain
a Landmark Commission Committee member.
Motion by Glab, seconded by Baird, to accept the resignation of Nancy Fike as
Chairperson for the City of McHenry Landmark Commission, and to appoint current
Landmark Commission member Greg Loffgren as Chairperson.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda informed Council the Liquor Hearing referenced last week was
continued to tomorrow, Thursday, November 12, 1998 at 3:00 p.m. In addition, a
meeting with High School District 156 Board representatives and Superintendent
Schwartzloff was also scheduled for Thursday, November 12, 1998. Council will be
kept apprised of the meeting's topics.
City Administrator Lobaito, Mayor Cuda, and Staff members have also met with
Walgreen Drug representatives to review a revised site plan for the southwest corner
of State Routes 120 and 31 . Staff has encouraged Walgreen representatives to
proceed with the plan.
Mayor Cuda reminded Council a written agreement from the Illinois Department
of Transportation regarding the $150,000 in state funds allocated for the Route 31
traffic lane and signalization improvements was requested. The Illinois Department of
Transportation has submitted said agreement and Council authorization for the Mayor
and City Clerk's execution is required.
November 11 , 1998 Page 6
Motion by Baird, seconded by Glab, to authorize the Mayor and City Clerk's
execution of the agreement between the City of McHenry and the State of Illinois
Department of Transportation acknowledging the General Assembly Appropriation of
$150,000 for the Route 31 and Shamrock Lane signalization, and delineating the
obligations of the City of McHenry and Illinois Department of Transportation regarding
this project.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
i
Absent: None.
Motion carried.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Baird reminded Council of
the Parks and Recreation Committee Meeting scheduled for Tuesday, November 17,
1998 at 7:00 p.m.
STAFF REPORTS
City Administrator Lobaito noted Director of Community Development
Napolitano was attending a McHenry County Economic Development Commission
Meeting regarding State Route 31 improvements from Algonquin north to the
Wisconsin border. The McHenry County Economic Development Commission
Transportation Committee is attempting to establish a cooperative consortium of
McHenry County Municipalities located along State Route 31 . Lobbying for State and
Federal funds to widen and improve State Route 31 might be more fruitful if all
municipalities who would directly benefit from such funds were to work together.
City Administrator Lobaito informed Council he had met with the Landmark
Commission on November 3, 1998 at their regularly scheduled Committee Meeting.
Representing the City of McHenry, as property owners of the Petersen Farm, he
requested a Certificate of Appropriateness be issued to the City, permitting the re-
roofing of the Petersen Farm dairy barn with wood shingles, and for the replacement
of a double-hung bay-shaped window and frame for the Petersen Farm homestead.
Citing the additional expense the City will incur requiring wooden shingles as opposed
to the originally specified asphalt shingles, the Landmark Commission has expressed
their willingness upon written request by the City, to allocate Landmark Commission
Funds toward the re-roofing expenditure. Council directed City Administrator Lobaito
to draft a letter to the Landmark Commission, requesting these monies.
City Clerk Althoff informed Council Ward 2 and Ward 4 Aldermanic Nominating
Petitions for the Consolidated Election in April 1999 are now available for interested
candidates. City Clerk Althoff also reminded Council of the McHenry County
Municipal Association Dinner being hosted by the City of McHenry on Wednesday,
November 18, 1998 at 6:00 p.m. at the McHenry Country Club.
NEW BUSINESS
Alderman Baird requested Council direct Staff to contact Elementary School
District 15 representatives in an attempt to address and correct the bus traffic
problems at Riverwood School. He also noted the temporary advertising signs
permitted developers were damaged significantly by the recent storm and are now
unsightly. He requested Staff contact the appropriate developers and demand repairs.
EXECUTIVE SESSION
Motion by Bolger, seconded by Baird, to go into Executive Session at 9:12 p.m.
to discuss Personnel Matters.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 11, 1998 Page 7
Council went into Executive Session at 9:12 p.m.
Motion by Murgatroyd, seconded by McClatchey, to go back into Open Session
at 9:54 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:54 p.m.
Motion by Murgatroyd, seconded by Bolger, to approve the hiring of John Kuhl
for the Wastewater Treatment Plant Operator I vacancy at Grade 7A, Step 1 , with a
starting salary of $27,438 effective immediately.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Baird, seconded by McClatchey, to increase the annual salary of
Chief of Police Joyce to $93,500, effective with the January 8, 1999 pay period and
check.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: Murgatroyd.
Absent: None.
Motion carried.
Mayor Cuda informed Council he had spoken to Roger and Donald Gerstad
regarding the revisions and redraft of the proposed Diedrich Farm/Gerstad Annexation.
He anticipated their comments within the next several days.
ADJOURNMENT
Motion by McClatchey, seconded by Murgatroyd, to adjourn the meeting at
9:58 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:58 p.m.
TY CLER MAYOR