HomeMy WebLinkAboutMinutes - 10/04/2000 - City Council REGULAR MEETING
OCTOBER 4, 2000
A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda
at 7:30 P.M. on Wednesday, October 4, 2000 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Baird.
Alderman Murgatroyd arrived at 7:38 p.m. Absent: None. City Staff in attendance were:
City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Chief of Police
Kostecki, Director Public Works Batt, Director Parks and Recreation Merkel, Director
Community Development Napolitano, Assistant Administrator Maxeiner. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
'— No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Baird, seconded by Glab, to approve the Consent Agenda as follows:
• Approval: Public Works Purchase of Rock Salt in an amount not-to-exceed $56,080;
• Approval: Bull Valley Road and Ridgeview Drive Engineering Agreement with Smith
Engineering in an amount not-to-exceed $5,245;
■ Approval: Award of Bid - Public Works Water Division Cargo Van to Gary Lang
Chevrolet in an amount not-to-exceed $17,166
• Approval: Reduction in Letter of Credit - Boone Creek Unit III
■ Approval: Police Department Revisions to General Order 22.3, Secondary Employment
• Approval: Request to connect to Police Alarm Panel, MATO Partners
• Approval: Block Party Requests:
• Rick and Gina Bilinski, Trails of Winding Creek, October 14, 2000
• Laura Lechner, McHenry Shores, October 22, 2000
• Approval: City Council Minutes:
■ September 13, 2000 Regularly Scheduled Meeting.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
ORDINANCES TO APPROVE ANNEXATION AGREEMENT, ANNEXATION, REZONING,
PRELIMINARY PLAT AND VARIANCE— CASSIE ESTATES SUBDIVISION
As per Council direction at the September 20, 2000 regularly scheduled Council
Meeting, Staff has prepared the ordinances for the Annexation Agreement, Annexation,
Zoning Reclassification, Preliminary Plat Approval, and Subdivision Control Ordinance
Variance Approval for formal Council action. Staff noted the Annexation Agreement has
been amended to include the 1,600 square foot minimum area for a ranch home, and a
1,900 square foot minimum area for a two-story home constructed in the subdivision.
Approval of the Subdivision Control Variance will permit a $22,000 contribution in lieu of
street improvements including the installation of sidewalk, pavement, and curb and gutter
to Beach Drive and Barreville Road.
Motion by Baird, seconded by Glab,
■ to pass an ordinance authorizing the Mayor and City Clerk's execution of an
Annexation Agreement between Christine Galanopoulos and the City of McHenry for
the property located at the southeast corner of Barreville Road and Beach Drive,
commonly known as the Cassie Estates Subdivision;
■ to pass an ordinance approving the Annexation of the 2.33 acre property located at the
southeast corner of Barreville Road and Beach Drive in McHenry County, Illinois;
■ to pass an ordinance granting a zoning reclassification to RS-2 Medium Density Single
Family Residential Zoning District to Cassie Estates Subdivision.
Voting Aye: Bolger, Glab, McClatchey, Baird, Cuda.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
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Motion by Baird, seconded by Glab, to pass an ordinance approving the Cassie
Estates Subdivision Preliminary Plat prepared by Condon Consulting Engineers P.C. dated
August 17, 1999 with a revision date of June 1, 2000; and to grant a Subdivision Control
Ordinance Variance to permit the contribution of $22,000 in lieu of street improvements to
Beach Drive and Barreville Road, including the installation of sidewalk, pavement, curb
and gutter.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FOR CORNER SIDE YARD FENCE VARIANCE - 400 KENSINGTON DRIVE,
CHERYL MOWRER
Applicant and Kensington Drive property owner, Cheryl Mowrer, was in attendance.
Ms. Mowrer is requesting a variance to permit the installation of 5'-high dog-eared style
wood fence in the corner side yard of her lot. The fence would be installed along the
Crystal Lake Road property line, starting near the rear of the existing garage. Current City
of McHenry fence regulations require a residential fence be located at least fifteen feet
from the corner side lot line. Ms. Mowrer has stated the following reasons for requesting
the fence variation:
■ Noise reduction from Crystal Lake Road traffic;
■ Increased privacy;
■ Protection of the existing landscaping;
■ Reduction of the amount of trash thrown in her yard from high school pedestrian
students.
In response to Council inquiry, Ms. Mowrer noted the property currently has a split
rail fence installed along the Crystal Lake Road frontage. Staff noted the rear of the
property abuts the high school campus. Installation of the requested 5'-high dog-eared
style fence would not negatively impact vehicular sight lines.
Motion by Bolger, seconded by Glab, to grant a variance to 400 Kensington Drive to
permit the installation of a 5'-high dog-eared style wood fence in the corner side yard
along the Crystal Lake Road property line, starting at the rear of the existing garage, as
presented.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FOR SIDE YARD BUILDING SETBACK VARIANCE — 2904 W. ROUTE 120.
RIVERSIDE ANIMAL CLINIC
Property owners and Petitioners Dr. Khader and Mrs. Salina Shakir, in addition to
project manager and architect John Swierk of Direct Design Ltd., were in attendance.
Director of Community Development Napolitano informed Council the Shakirs are
requesting a variance to permit a 6' side yard setback from the east side yard property line _
and 2.4' from the west property line for their property at 2904 West Route 120. If granted,
the side yard building setback variance will allow the Shakirs to construct an addition to
the rear of the building, matching the existing side yard building setbacks from both the
east and west property lines.
An expansion of the existing parking area at the rear of the building is also
proposed. Director of Community Development Napolitano clarified on-site parking as
required by City of McHenry ordinance is provided at the front of the building. The
additional parking proposed for the rear of the building is being provided only as a
convenience to veterinarian clients. As the proposed rear parking area is not accessible
without an easement from the adjacent property owner, the City of McHenry can not
authorize any modifications to the rear parking area. The Shakirs are currently working to
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secure an easement.
Appearance before the Zoning Board of Appeals at the September 11, 2000 Public
Hearing garnered a unanimous recommendation to grant the variance to reduce the side
yard setback along the east and west property lines to 6' and 2.4' respectively.
Alderman Murgatroyd arrived at 7:38 p.m.
In response to Alderman McClatchey's inquiry, Dr. Shakir noted all animals would
be cared for and enclosed within the building. Exterior containment is not being sought.
Motion by Bolger, seconded by Baird, to accept the unanimous recommendation of
the Zoning Board of Appeals and to pass an ordinance granting a variance to permit a side
yard setback of 6' from the east property line and 2.4' from the west property line for the
property located at 2904 West Route 120.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
OFF-SITE SIGN PERMIT RENEWAL — BOONE CREEK SUBDIVISION
Boone Creek Venture partners Roger Gerstad and David Backhaus were in
attendance. Staff explained Mr. Backhaus and Mr. Gerstad are requesting a one-year
renewal for two 8' X 8' off-site advertising signs for the Boone Creek Subdivision. One sign
is located at the southeast corner of the intersection of Route 120 and Draper Road. The
other sign is located at the northwest corner of the intersection of Bull Valley and Crystal
Lake Roads. Director of Community Development Napolitano stated the signs were
originally approved and installed in October of 1998. Approval of the off-site sign
placement was subject to an annual renewal request by the developers.
Motion by Baird, seconded by Glab, to grant a one-year off-site sign permit to
Boone Creek Venture for two 8' X 8' advertising signs:
■ One sign to be located at the southeast corner of the intersection of Route 120
and Draper Road;
■ One sign to be located at the northwest corner of the intersection of Bull Valley
and Crystal Lake Roads.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
LEASE AGREEMENTS WITH UNION PACIFIC AND TOM AND TREY CORPORATION
Trey Covalt, owner and operator of the Main Street Station Bar and Restaurant, was
in attendance. Mr. Covalt is the sub-leasee for the Union Pacific Railroad Company's
station building. City Administrator Lobaito reported the City of McHenry was in receipt of
formal notification from the Union Pacific Railroad Company regarding the termination of
its lease with the City for the Metra Commuter Station and property.
Notification of lease termination was received approximately seven months ago,
after Union Pacific made extensive costly repairs to the station building's heating system.
The existing lease required Union Pacific to make all necessary repairs in excess of
$5,000. Union Pacific Railroad Company has offered to renegotiate the lease requiring the
City of McHenry be responsible for all repairs and maintenance to the building. All other
conditions and terms would remain the same, including the annual rental fee of $1. As
previously reported, the City of McHenry has agreed to accept maintenance
responsibilities subject to the condition all current repairs are made at no expense to the
City. Union Pacific has denied the City's request to make all repairs incurring the expense.
Metra, who utilizes the property and station building for the benefit of their
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commuters, has expressed an interest in maintaining the facility. Metra has offered to
underwrite needed repairs up to $80,000, subject to the City's acceptance of bid
specification development, award and project management. Staff enumerated the following
repairs:
■ Roof removal and replacement;
■ HVAC system replacement;
■ Masonry tuck-pointing;
■ Miscellaneous carpentry work including: rotted window sill replacement, gable
end rebuilding, fascia board replacement, etc. and exterior wood surface
repainting.
City Administrator Lobaito also noted renegotiation of the sub-lease with Tom and
Trey Corporation, including a review of the rental fee structure, would be appropriate. Tom
and Trey Corporation is currently paying $350/month, accelerating to $375/month in year
2001, $400/month in year 2002. Discussions with local realtors determined commercial
space of similar property would be $7/square foot annually. Main Street Station presently
occupies approximately 1,900 square feet, raising the monthly lease payment to
$1,108/month. Some discussion followed.
Alderman Glab, citing Mr. Covalt's services to McHenry commuters, suggested a
graduated annual rental schedule, beginning at $800 in year one of the contract.
In response to Alderman Murgatroyd's inquiry, Mayor Cuda stated, if maintenance
and repair issues are not addressed, Union Pacific places no value on the building and
could possible seek demolition. Metra has a viable interest in the building, as it serves
Metra commuters. Staff noted the building could be designated as a City of McHenry
landmark.
Further discussion followed.
In response to Alderman McClatchey's question, Staff suggested the lease
agreement with Tom and Trey Corporation mirror the term of the City's lease with Union
Pacific. The six-month termination notification language should be incorporated into the
Tom and Trey lease as well.
Motion by McClatchey, seconded by Bolger to approve and authorize the Mayor and
City Clerk's execution of a five-year lease agreement with Tom and Trey Corporation for
the Main Street Depot Building located at 4005 West Main Street, with a graduated annual
rental fee, beginning at $800/month on November 1s' and ending with an $1,100/month
rental fee in year 5.
Further discussion occurred with Aldermen McClatchey and Bolger withdrawing
their motion.
Mayor Cuda suggested the tenant be held responsible for building maintenance and
repairs. In response to Alderman Glab's inquiry, City Administrator Lobatio opined the cost
of a slate roof would be approximately $60,000 or more. Council suggested Landmark
Commission Chairman Lofgren be contacted regarding the proposed building repairs and
provide direction regarding historic renovation criteria.
Alderman Baird opined if a slate roof cost $60,000 to install, it would be fiscally
irresponsible to consider this option with only an $80,000 repair share commitment from
Metra. Further discussion followed regarding building maintenance levels to be assumed
by the tenant.
It was the consensus of Council to direct Staff to negotiate with business owner,
operator, and principal of Tom and Trey Corporation, Trey Covalt, a lease agreement with
a graduated five-year rental fee schedule, beginning at $800/month. The newly negotiated
terms should be included as an Agenda Item for full Council consideration at the October
11, 2000 regularly scheduled Council Meeting.
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Alderman Glab also requested costs for the installation of a slate roof be
investigated and provided Council at the next regularly scheduled Council Meeting.
AWARD OF BID — INSTALLATION OF PLAYGROUND EQUIPMENT, KNOX PARK AND
FREUND FIELD
Director of Parks and Recreation Merkel reported Council at its September 13, 2000
regularly scheduled Council Meeting authorized the advertisement of bids for the
installation of new playground equipment at Freund Field and Knox Park. The 2000-2001
'— Budget includes $144,000 for both projects. Eight local contractors picked up bid
information on the project. Four bids were submitted and opened on September 26, 2000.
The low bidder for playground equipment installation at Knox Park and Freund Field was
Reil Construction Inc. of Union, Illinois, in the amount of $117,814.50. Director Merkel
informed Council, although Reil Construction has bid previously on other City of McHenry
playground equipment projects, they have been unsuccessful in obtaining the contract.
Reil Construction has successfully completed playground equipment installations for park
districts and municipalities in the north and western suburban areas of Chicago.
Motion by Baird, seconded by Bolger, to award the playground equipment
installation for Knox Park and Freund Field to the low bidder Reil Construction Inc. of
Union, Illinois, in an amount not-to-exceed $117,814.50.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
At the request of Alderman Murgatroyd, discussion of the Elected Officials Salary
Compensation Agenda Item and the City Clerk/Collector Position Agenda Item were
combined.
ELECTED OFFICIALS SALARY AND CITY CLERK/COLLECTOR POSITION
Alderman Baird stated he requested the retention and/or revision of the City
C lerk/Col lector's position be considered based on previous Council discussions. Alderman
Murgatroyd noted revision of the City Clerk/Collector position would also entail the
restructuring of the entire administrative organization. City Administrator Lobaito stated
Staff could, at Council's direction, develop an alternative organizational structure for
Council consideration.
In response to Council inquiry, Staff explained revision of the City Clerk/Collector
position would also require amendment to the City of McHenry Municipal Code. The City
Clerk/Collector position can be separated by ordinance. Council was reminded any salary
adjustment must be formally considered and approved 180 days prior to the April
Consolidated Election. Alderman Murgatroyd requested Staff present an organizational
chart delineating specific job duties and responsibilities for the administrative department
inclusive of the City Clerk/Collector position.
Some discussion followed regarding salary compensation for the elected positions
of Mayor, Aldermen and Treasurer. It was the consensus of Council the salaries for the
elected positions of Mayor, City Clerk/Collector, and Treasurer were acceptable. Further
discussion followed regarding Alderman compensation for all meetings attended including
Committee Meetings.
Council directed Staff to place the consideration of salary compensation for the
elected position of Alderman on the October 11, 2000 regularly scheduled Council Meeting
Agenda.
MAYOR STATEMENT AND REPORTS
Mayor Cuda deferred his report and statements to Executive Session.
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COMMITTEE REPORTS
There were no Committee Reports.
DEPARTMENT HEAD REPORTS
Director of Community Development Napolitano reported the Shamrock Farm
Development would be appearing before the Plan Commission with a Preliminary Plat on
Thursday, October 5, 2000. The first draft of the Riverwalk Design and Concept Plan will
be presented for Council consideration and direction at the October 11, 2000 regularly
scheduled Council Meeting. The Crystal Lake Road planning design by Planning
Resources of Wheaton, Illinois, will be presented for Council consideration and discussion
at the regularly scheduled October 18, 2000 Council Meeting.
Director of Parks and Recreation Merkel drew Council's attention to the Northern
Illinois Special Recreation Association (NISRA) Annual Report distributed prior to tonight's
regularly scheduled Council Meeting. He suggested council peruse the report at their
leisure. Director Merkel also informed Council a meeting with concerned residents living
around McCullom Lake had been conducted, addressing the systematic eradication of an
increasing carp population in McCullom Lake. The Parks Department will host a fishing
derby and coordinate carp eradication efforts with the Illinois Department of Natural
Resources and McCullom Lake area residents.
In response to Alderman Glab's inquiry regarding the enforcement of horsepower
limits on McCullom Lake, Staff noted several enforcement limitations. Some discussion
followed. Council directed Staff to conduct an inventory of boat motor sizes providing
Council with a numeric report. Director Merkel also reported improvements and dedication
plaque installation in Neumann Park were 90% complete. He suggested a date be selected
for a dedication ceremony. Some discussion followed. It was the consensus of Council to
conduct a dedication ceremony of Neumann Park and the memorial Liz Nolan garden on
Sunday, November 17, 2000 in conjunction with the "Christmas Along the Fox" event.
Chief of Police Kostecki reported the Police Department was still seeking an
applicant for the position of Riverwood School Crossing Guard. The pay is $9/hour and
requires approximately 3 hours time each school day Monday through Friday. Chief
Kostecki also reported Bull Valley Road would be closed for two weeks starting Sunday,
October 8t'to facilitate the Nunda Township installation of a new bridge over Boone Creek.
Some discussion followed regarding detours, alternative traffic routes, and the potential of
cut-through traffic. It was the consensus of Council to place temporary barricades and
"Neighborhood Only" traffic signs at the Curran and Dartmoor Road entrance to Boone
Creek Subdivision, as well as the Dartmoor and Crystal Lake Road entrance.
NEW BUSINESS
Alderman McClatchey recognized Mr. Jim Anderson of the Olde Mill Ponds
neighborhood. Mr. Anderson stated promises were made by representatives of the Rubloff
Development Group and members of the Plan Commission and Zoning Board of Appeals
regarding the installation of trees on top of the berm along McCullom Lake Road, shielding
Olde Mill Pond residents from the commercial development proposed by Rubloff
Development Group on the north side of McCullom Lake Road. Some discussion followed.
Mayor Cuda informed Mr. Anderson representatives of the Rubloff Development Group
would be contacted by Staff regarding the installation of trees along the length of
McCullom Lake Road on top of the berm. Staff noted the type and amount of trees
requested by Mr. Anderson would amount to approximately $25,000 in cost.
Alderman Glab proposed Council consider the initiation of a PACE voucher program
with the $20,000 Senior Transportation Grant obtained by Representative Franks with his
Member Initiative monies. Specific details will be presented for Council consideration and
action at the October 18, 2000 regularly scheduled Council Meeting.
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EXECUTIVE SESSION
Motion by Bolger, seconded by Glab, to go into Executive Session to discuss
Potential Litigation at 8:53 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:53 p.m.
Motion by Glab, seconded by Murgatroyd, to go back into Open Session at 9:40
p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:40 p.m.
Motion by Glab, seconded by Bolger, to authorize the one-time lump sum payment
of $550.40 by the current property owner of 602 North Green Street, resolving the
outstanding meter installation and utility billing issue.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:42 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was ad* rned at 9:42 p.m.
OR CITY