HomeMy WebLinkAboutMinutes - 04/19/2000 - City Council REGULAR MEETING
APRIL 19, 2000
A Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, April 19, 2000 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
Kostecki, Director of Public Works Batt, Director of Parks and Recreation Merkel,
Assistant Administrator Maxeiner. Absent: Director of Community Development
Napolitano.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Bolger, seconded by Glab, to approve the Consent Agenda, as
follows:
■ Approve Supplemental Appropriation Ordinance for Fiscal Year 1999-2000;
■ Approve Letter of Reduction - McHenry Corporate Center Unit 7;
■ Approve Proclamation declaring April 24-28, 2000 Drub/Alcohol Awareness Week;
• Approve Arbor Day 2000 Resolution;
■ Approve Block Party Request - Lakeland Shores, Susan Pinkawa;
■ Approve City Council Minutes:
• April 5, 2000 regularly scheduled meeting.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIATION - 3220 LORIENT DRIVE HUCKABAY RESIDENCE
Petitioner Garth Huckabay was in attendance. Staff informed Council the
Huckabays reside at 3220 Lorient Drive and are requesting a variance to permit the
installation of a five-foot picket-style fence in the corner side yard of their lot. City of
McHenry fence regulations require residential fencing be at least fifteen feet from a
corner side lot line. Mr. and Mrs. Huckabay are requesting their fence be setback two
feet from the sidewalk along Valley Road. Staff reported Council has approved similar
variances in the petitioners' neighborhood.
Alderman Glab informed Council he, in general, did not support fence variances
requests.
Motion by Bolger, seconded by Baird, to grant a variance to permit the
installation of a five-foot picket-style fence in the corner side yard, set back two feet
from the Valley Road property line at 3220 Lorient Drive.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT - 202 S. ROUTE 31 PORTABLE TOOL
SALES & SERVICE
Petitioner John Pingel and his attorney Joseph Gottemoller of Madsen, Sugden
and Gottemoller, were in attendance. Attorney Gottemoller informed Council Portable
Tool Sales and Service as represented by Mr. Pingle is requesting a Conditional Use
Permit to allow outside storage of medium-sized construction equipment on a 2.7-acre
parcel located on the east side of Route 31 , north of the entrance to Knox Park, with a
commonly known address of 202 S. Route 31 . Portable Tool Sales and Service is a
purchase and/or rental operation, specializing in large construction-type equipment,
typically used by general contractors. The existing front building will contain the main
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offices and storage. The metal pole barn, located in the rear of the property, will be
utilized for storage. Limited equipment servicing will be performed within these
buildings. Rental equipment will be refueled offsite before return, eliminating the need
for fuel operations on the property. There will be no bulk storage of materials on the
site. The general parking area located in the front of the main offices will be paved;
however, the outdoor storage area will be maintained as gravel.
Attorney Gottemoller reported the Zoning Board of Appeals at a Public Hearing
held on March 20, 2000 unanimously recommended approval of the Conditional Use
Permit. The recommendation included several conditions as enumerated in Staff's
supplement. The Zoning Board of Appeals recommended a chain link fence as opposed
to Staff's board-on-board wood fence recommendation. The Zoning Board of Appeals
also reduced the north and west property line setbacks and added the condition that
no equipment refueling be conducted on the property. Attorney Gottemoller requested
Council eliminate the "no refueling of equipment on the property" condition. Citing the
potential need to refuel some equipment prior to rental, the Petitioner is requesting
Council consider and approve the use of an on-site fuel storage truck. No additional
fueling alternatives would be required.
In response to Alderman Murgatroyd's inquiry regarding the asphalt paving of
the designated storage area, Attorney Gottemoller explained the type of equipment
sold and/or leased from this operation would inflict daily damage to an asphalt surface.
He promised the gravel lot will be well-graded and regularly layered with new stone. In
response to Council inquiry, Attorney Gottemoller stated no plans exist for additional
buildings. The existing structures will be utilized, requiring only interior modifications.
Alderman Glab suggested the fence height be increased to eight feet to better
screen the onsite fueling truck. He also stated his opposition to the substitution of a
chain link fence unless a screening component was installed. Attorney Gottemoller --�
noted the natural tree line, which the Petitioners will fortify with additional plantings,
provides sufficient screening.
In response to Alderman McClatchey's inquiry regarding lighting, Attorney
Gottemoller noted no additional lighting will be installed. Attorney Gottemoller noted
the existence of three light poles in front of the main building. Responding to Alderman
Baird's request for clarification, Attorney Gottemoller noted the construction
equipment will consist of compressors, submersible pumps, min-excavators, mini-
backhoes, bobcats, dirt rollers, etc. The equipment will never be parked or placed
along the property's Route 31 frontage. Attorney McArdle suggested this requirement
be included as a condition to variance approval.
At Alderman Baird's initiation, some discussion followed regarding sidewalks
along the property's Route 31 frontage. Attorney Gottemoller noted Portable Tool
Sales and Service is not the property owner, but a tenant. Staff also noted the
estimated cost of sidewalk installation would be approximately $9,000 for this specific
parcel. Further discussion followed regarding potential Route 31 improvements as well
as sidewalk installation requirements for other Route 31 properties recently developed
and/or improved. It was the consensus of Council to permit the onsite fueling truck,
but to prohibit onsite fuel storage. In addition, sidewalk installation at this time was
inappropriate.
Motion by McClatchey, seconded by Bolger, to accept the unanimous
recommendation of the Zoning Board of Appeals and to direct Staff to draft an
ordinance granting a Conditional Use Permit for outdoor storage of rental equipment to
Portable Tool Sales and Service Inc. for the property located at 202 South Route 31
subject to the following conditions:
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• A detailed landscape plan for the entire site including the outside storage area shall be submitted to Council for final
approval;
■ A chain link fence six-feet in height shall be installed and maintained around the perimeter of the outside storage
area;
• The outdoor storage area shall be set back a minimum of ninety feet from the east property line, ninety feet from
the north property line, fifteen feet from the south property line, and one hundred ten feet from the west property
line;
• Outdoor storage shall be limited to particular types of equipment, as defined by the applicant prior to final approval,
and shall not include bulk material or inoperable equipment;
■ All equipment service shall be performed within enclosed buildings, and shall not
be permitted in the outdoor storage area;
No on site fuel storage shall be permitted;
The driveway and parking areas to the west of the existing buildings shall be paved;
No display of equipment outside of the storage area shall be permitted.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: Murgatroyd.
Absent: None.
Motion carried
Noting the ordinance granting the Conditional Use Permit for outdoor storage
would be placed on the May 3`d regularly scheduled Council Meeting Agenda, Attorney
Gottemoller stated the required landscape plan will be presented the same evening for
Council consideration and final approval.
REQUEST FOR VARIANCE - 3309 WAUKEGAN ROAD CAREY ELECTRIC
Petitioner Tom Carey and his attorney James Cowlin of Cowlin and Cowlin were
in attendance. Attorney Cowlin informed Council Mr. Carey of Carey Electric is
requesting a variance to permit a 4,960 square foot addition to the south of the
existing one-story office/warehouse building, located at 3309 Waukegan Road. The
building was originally constructed in 1957 with no setback from the east property
line. No other changes have been proposed to the site and all other required setbacks
will be provided. The Petitioner appeared at a Public Hearing before the Zoning Board
of Appeals on April 3, 2000 receiving a unanimous recommendation to grant the 0'
�-- setback along the east property line.
Alderman Baird noted the adjacent property land uses were:
■ McHenry Country Club to the south, RS-4;
■ Riviera Marina to the east, C-4;
■ City's South Wastewater Treatment Plant to the east, C-4; and
■ McHenry Villa to the north, 0-1 .
He opined these land uses simplified granting the variance.
Motion by Bolger, seconded by Baird, to accept the unanimous recommendation
of the Zoning Board of Appeals, and to direct Staff to grant a variance to permit a 0'
setback along the east property line to allow an 80' addition to the existing building
located at 3309 West Waukegan Road.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
POLICE DEPARTMENT AUDIO/VISUAL RECORDING SYSTEM BID AWARD - SCAN
AM IN THE AMOUNT OF $2,810
Chief of Police Kostecki informed Council the 1999-2000 Budget included a
$2,750 line item to purchase and install and audio/visual recording system in the
interview room of the Police Department. The equipment will allow investigators and
police officers to record investigative interviews and interrogations. Bid specifications
were developed and bids opened on Tuesday, March 28, 2000 at 1 1 :00 a.m. Although
an advertisement was placed in the local newspaper, and bid packets were sent to four
local vendors, only one bid was submitted by Scan Am of McHenry, Illinois. In
response to Council inquiry, Chief Kostecki explained one vendor elected not to bid on
the project and another misplaced the bid specifications and could not submit by
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deadline. It is Staff's recommendation to award the audio/visual recording system
purchase to Scan Am of McHenry, Illinois in an amount of $2,810.
Motion by Baird, seconded by McClatchey, to award the audio/visual recording
system purchase and installation for the McHenry Police Department interview room to
Scan Am of McHenry, Illinois in an amount not-to-exceed $2,810.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSSION: RECREATION CENTER FUNDING
Mayor Cuda noted Staff had prepared a detailed memo regarding recreational
facility construction and operating expenses, as well as potential funding mechanisms.
He suggested Council consider the information and make a final determination
regarding pursuing the construction and operation of a recreational facility, via
telecommunication tax and/or property tax.
Director of Parks and Recreation Merkel stated the development of a community
recreation facility has been discussed at the City Council level since 1990. In 1990
Council hired a firm to gauge public opinion on a number of park related issues,
including a recreational facility. Results proved in favor by a margin of nearly 2-1 for
the development of a recreational facility. The need for a recreational facility has
increased since that time.
Alderman Bolger supported the development of a recreational facility; however,
he suggested alternative funding options be investigated. He did not support the
initiation of a tax to fund the construction and operation of a recreational facility.
Alderman McClatchey supported Alderman Bolger's position, stating the
initiation of a tax was a burden both on the business as well as the residential
community. He suggested the increase in sales tax revenue be allocated toward the
recreational facility development.
Mayor Cuda stated, as per Council action, Park Developer Donation monies had
been segregated for the development of a recreational center. It is apparent Council
supports the development of a recreational facility. He opined the initiation of a
telecommunications tax as a funding mechanism was the most equitable solution for
all community members. He also opined there was not a significant number of
individuals or entities opposing the telecommunications tax option.
Alderman Baird noted, although no one liked the creation of another tax, the
development of a recreational facility would raise the level of McHenry's community.
He suggested Council consider placing the development of a recreational facility on the
November ballot as a referendum question.
Alderman Glab opined the recreational center needed to serve the entire
community, residents from two years to ninety-two years of age.
Alderman Murgatroyd expressed some concerns regarding Staff's projected
recreation facility operational expenditures. Some discussion followed.
Assistant Administrator Maxeiner noted, based on information provided from
other recreational facilities, Staff is confident the operational figures projected are
valid. In response to Alderman Murgatroyd's inquiry regarding potential operational
shortfalls, Staff noted operational expenses have been over-stated, while revenue
projections have been under-estimated. In addition, the total projected cost of a
recreational facility is $9.4 million. Council could authorize a bond issue for the entire
$9.4 million and utilize the $1 million segregated Park Developer Donation Recreation
Fund monies to offset initial bond repayments. The remaining $1 million bond issue
monies could then be used to offset any operational shortfall. The bond repayment
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term could be extended from ten to fifteen years, as well.
It was the consensus of Council not to approve the use of additional General
Fund monies toward the construction and/or operation of a future recreational facility.
In response to Council inquiry, Staff noted Park Developer Donation monies can only
be utilized for operational expenses if specified in an Annexation Agreement. Staff also
informed Council, if enacted, a telecommunications tax could include a stated specified
sunset clause.
Assistant Administrator Maxeiner also noted the projected fitness membership
revenues include only a 25% non-resident participation factor.
Alderman McClatchey suggested a pool be included in any plans for the
development of a recreational facility. Alderman Murgatroyd responded the inclusion of
a pool changes the financing dynamics dramatically. Some discussion followed.
It was the consensus of Council, if the enactment of a telecommunications tax
to fund the construction and operation of a recreational facility was not approved,
alternate funding sources should be pursued.
Mayor Cuda opened the floor to audience comment and participation.
Joseph D'Angelo, local property owner and businessman, addressed Council,
stating his opposition to the enactment of a telecommunications tax to fund the
construction and operation of a recreational facility. He submitted a Petition, for the
record, containing 150 signatures opposing the enactment of a 5%
telecommunications tax to fund a recreational facility. He noted a telecommunications
tax could not be used as an income tax deduction; however, property taxes are an
allowable income tax deduction. He suggested the telecommunications tax enactment
be placed on the November ballot as a referendum question.
Ed Adeszko, 5104 W. Sandburg Drive, addressed Council stating, although he
supported the development of a recreational facility, he encouraged the inclusion of a
pool for senior water aerobics and noted the recreational facility did not need to
provide all services, specifically a fitness center.
Phil Collin, a local business owner, stated his strong support for the enactment
of a telecommunications tax for the construction and operation of a recreational
facility.
Shirley Wilson of 4623 Front Royal Drive, also stated her support for the
telecommunications tax enactment for the construction and development of a
recreational facility, but strongly urged the inclusion of a pool.
Tom Sack of 916 Wiltshire, suggested Council consider placing the
telecommunications tax enactment on the November ballot as a referendum question.
He also suggested Council consider senior discounts and/or alternative funding
mechanisms to assist seniors.
Casey Jones, of 1202 Green Street and a local businessman, addressed Council,
stating his opposition to the enactment of a 5% telecommunications tax. He opined
the recreation center as proposed is too ambitious a project. He suggested a fitness
center and swimming pool be addressed by private entities.
Val Hobson, of 4308 W. Sioux Lane, addressed Council, stating her strong
support for the enactment of a telecommunications tax to fund the construction and
operation of a recreational facility.
John McCurry, of 4805 Loyola Drive, addressed Council, stating his opposition
to the enactment of a telecommunications tax. He noted he had attended the
Committee of the Whole January 5th Meeting and spoke in opposition of the
telecommunications tax at that time.
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Some discussion followed.
Motion by Baird, seconded by Murgatroyd, to direct Staff to draft an ordinance
authorizing the enactment of a 5% telecommunications tax and allocating these
revenues toward the repayment of bonds issued for the construction and operation of
a recreational facility, subject to the provision of a sunset clause, once the bonds have
been paid in full.
Voting Aye: Glab, Baird.
Voting Nay: Bolger, McClatchey, Murgatroyd.
Absent: None.
Motion failed.
Alderman Bolger suggested the recreational center issue be sent to the Finance
and Personnel Committee for further consideration and discussion.
Alderman Murgatroyd suggested community representatives be consulted and
included in any future meetings to discuss the construction and funding of a
recreational facility. Further discussion followed.
Alderman Baird suggested Council consider placing the question on the
November ballot as a binding referendum question.
It was the consensus of Council to schedule a Committee of the Whole Meeting
for Monday, May 8, 2000 to continue recreational center discussion and investigate
funding alternatives.
FINAL 1999 TAX LEVY
Assistant Administrator Maxeiner reported Council, in November 1999, passed a
proposed Tax Levy for the 1999 year reflecting a 15% increase over the prior year's
extension. The proposed levy was inflated intentionally to capture the growth in
equalized assessed valuation as allowed under the tax cap legislation. Recently, the
County Clerk released the City of McHenry's final tax levy information. A copy was
distributed for Council review.
Assistant Administrator Maxeiner noted the 1999 Tax Levy collected in 2000
shows an aggregate tax rate of .6019/$100 of equalized assessed valuation. The
property tax extension totals $2,365,897.33, a 5.7% increase over 1998. The City of
McHenry's portion of the tax bill is virtually unchanged from the prior year.
Also levied for 1999 was the property tax for the Special Service Area. Owners
of property located within the defined Special Service Area for the Shamrock Lane and
Route 31 Traffic Lane Improvements and Traffic Signal Installation will see an
additional .1409/$100 of equalized assessed valuation. Assistant Administrator
Maxeiner clarified a property owner with a market value of $150,000 will experience
an increase in the their tax bill of approximately $70.
MAYOR STATEMENT AND REPORTS
Mayor Cuda had no statement and/or reports.
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd noted the
Finance and Personnel Committee had met twice to review and develop the 2000-
2001 Budget. He opined two additional meetings will be required. These meetings will
be scheduled within the next few days.
STAFF REPORTS
Director of Public Works Batt reported bids for the Streets Maintenance 2000
Program were opened yesterday, Tuesday, April 18, 2000. Curran Contracting of
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Crystal Lake, Illinois was the apparent low bidder with a price of $447,471 .97. He
also drew Council's attention to the City of McHenry Water Quality Report required by
Federal regulation for distribution to every City of McHenry water customer.
Director of Parks and Recreation Merkel reported the Summer Recreation
Program Brochure had recently been mailed. Information regarding a Pigtail League
Ballfield Dedication will be provided Council in Friday's Agenda Packet in an effort to
preserve the surprise. Director Merkel also reported the City had been notified
Representative Franks had been successful in obtaining $100,000 through the Member
Initiative Program for the proposed City of McHenry Skatepark.
City Administrator Lobaito reported interviews for the Senior Accountant
position will be conducted beginning next week, April 24th. Staff anticipates a
recommendation for hire will be forthcoming at the May 3`d or May 17th meeting.
NEW BUSINESS
In response to Alderman Glab's request, Staff agreed to investigate the
Whispering Oaks digging near Sussex and Ashley.
Alderman Bolger noted the new park striping on Green Street was causing
parked vehicles to extend too far into the street inhibiting normal traffic flow. Director
Batt stated the striping can not be painted out. Removal requires grinding and an
overlay. Council instructed Director Batt to obtain an estimated cost for its correction.
Alderman McClatchey requested Staff investigate an additional multi-family
complaint.
Alderman Murgatroyd requested Staff investigate the cause and status of the
street light outage, located on the south side of Route 120 near Meadow.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 10:05 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 10:05 p.m.
YOR ClT LERK