HomeMy WebLinkAboutMinutes - 01/12/2000 - City Council REGULAR MEETING
JANUARY 12, 2000
A Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, January 12, 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 Community Development Napolitano, Assistant Administrator
Maxeiner. Absent: Director of Public Works Batt, Director of Parks and Recreation
Merkel.
TEN MINUTE PUBLIC INPUT SESSION
John Mercurio of 212 Augusta Drive addressed Council. Mr. Mercurio stated
with the limited information available to him regarding Council's recent action to
pursue the development of a recreational facility with financing from a
telecommunications tax, he opposed City government entering the recreation business.
He opined recreation should be provided by the private sector.
CONSENT AGENDA
Motion by Bolger, seconded by Glab, to approve the Consent Agenda, as
follows:
■ Approve City Council Minutes:
■ December 29, 1999 regularly scheduled meeting;
■ Approve As-Needed Checks:
GENERAL FUND
AMERICAN PLANNING ASSOC 10.00
CARBAJAL, LOUISA 50.00
CHILDREN'S NEEDIEST CHRI 26.00
COMED 300.00
GODDARD, MYLES 50.00
INDICO CORP 28,108.50
MARK INGBRETSON CHILDREN 35.00
MCGRATH PRESS AND GRAPHI 506.50
MCH CTY MUNICIPAL ASSN 775.00
MCHENRY COUNTY CHIEFS OF 36.00
MCHENRY COUNTY RECORDER 76.00
MCHENRY WATER/SEWER FUND 2,836.20
PETERSEN, ROBERT G 3,033.20
POSTMASTER MCHENRY IL 2,815.69
SECRETARY OF STATE 98.00
UNITED STATES LIFE INSUR 784.60
WATERS EDGE I CONDOMINIU 4,500.00
EMPLOYEE INSURANCE FUND
HEALTH PLAN MANAGEMENT 13,500.87
POLICE PENSION FUND
BURG, GREGORY P 5,207.48
ERKENSWICK, GEORGE T 2,798.86
GREGORIO JR, RAMON 1,830.25
HARRIS BANK 2,461.43
JOYCE, PATRICK J 3,750.74
KING, DANIEL A 914.83
KINNERK, DANIEL E 2,470.23
KRANZ, MARIANNE 2,459.30
LANGE, DUANE R 1,416.61
MCHENRY EMPLOYEE INSURAN 2,111.00
MILITANO, ANTHONY A 2,152.32
OLIVER, MICHAEL 2,572.16
WEICHMANN, JOHN R 644.51
DEVELOPER DONATION FUND
PETERSEN, ROBERT G 3,033.20
RETAINED PERSONNEL ESCROW
MCHENRY COUNTY RECORDER 278.00
WATER/SEWER FUND
HOME STATE BANK 325,000.00
MCHENRY COUNTY RECORDER 45.00
POSTMASTER MCHENRY IL 269.30
UNITED STATES LIFE INSUR 137.70
CAPITAL DEVELOPMENT FUND
MCHENRY SAVINGS BANK 320,000.00
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GRAND TOTALS 737,094.48
FUND TOTALS
01 GENERAL FUND 44,040.69
19 EMPLOYEE INSURANCE FUND 13,50C.87
36 POLICE PENSION FUND 30,789.72
37 DEVELOPER DONATION FUND 3,033.20
39 RETAINED PERSONNEL ESCROW 276.00
51 WATER/SEWER FUND 325,452.00
55 CAPITAL DEVELOPMENT FUND 320,000.00
TOTALS 737,094.48
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MARQUETTE UNIVERSITY SENIOR DESIGN PROJECT SPONSORSHIP
Smith Engineering representative Ken Huhn was in attendance. City
Administrator Lobaito reminded Council both Scott Smith and Ken Huhn of smith
Engineering appeared before Council at the January 5, 2000 regularly scheduled
meeting and provided a brief explanation of Marquette University's Senior Design
Program. As part of their design project course work, senior students must develop
and design engineering standards for a real project. Smith Engineering is requesting
Council consider and approve co-sponsoring the Petersen Park Waterfront
Improvement Project for Marquette University's spring semester Senior Design course
work. Senior students would be mentored and supervised by Smith Engineering
representatives. Completed engineering plans would be provided to the City of
McHenry for possible future use. Any time spent on the project by Smith Engineering
representatives will be donated to the City of McHenry and Marquette University. The
City will incur no cost for the engineering design of this project.
City Administrator Lobaito reminded Council the Petersen Park Waterfront
Improvement Plan was developed by Ecologic Planning and presented to City Council
at the April 2, 1997 regularly scheduled meeting. It was the consensus of Council to
develop and submit a grant application to the Illinois Department of Natural Resources
for a boat access grant in conjunction with the Waterfront Improvement Plan. Final
engineering and project cost estimates must be developed prior to grant submission.
Information developed through the Senior Design Project could be utilized in the grant
application. If successful, the program provides for 100% funding up to a maximum of
$200,000. Smith Engineering representatives will provide Council with periodic
updates regarding the projects progression as well as permitting the opportunity to
comment and make recommendations regarding the projects final design.
Motion by Bolger, seconded by McClatchey, to approve the request by Smith
Engineering of McHenry, to co-sponsor with Smith Engineering the Marquette
University's Senior Design Program course work for the Spring 2000 Semester; and to
authorize the use of the Petersen Park Waterfront Improvement Plan as part of the
Senior Design Class course work, subject to the following conditions:
■ No cost will be incurred by the City of McHenry;
■ Final engineering plans and information will be provided to the City of
McHenry by September 1 , 2000 to facilitate their grant application for a —,
McCullom Lake Boat Access.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE GRANTING USE, SETBACK AND HEIGHT VARIANCES TO PERMIT _THE
INSTALLATION OF A 200' MONOPOLE COMMUNICATION TOWER — SPRINTCOM,
PCs
City Administrator Lobaito stated, as per Council direction at the December 29,
1999 regularly scheduled Council Meeting, Staff drafted an ordinance granting
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Sprintcom PCS, through their agent Richard Connor Reilly and Associates the
following:
• a use variance to permit the construction and operation, including the cabinets, of
a monopole radio tower in the E-Estate Residential Zoning District on the Richard
and Rita Adams property located at 2600 West Route 120, approximately 100"
south of Lincoln Road, southwest of Hilltop School;
■ a variance as to the minimum setbacks in the E-Estate Residential District;
■ a variance as to the maximum height of a radio tower in the City of McHenry, to
permit a 200' tower;
subject to the following conditions:
■ the tower shall be developed in substantial conformance with the application
drawings prepared by W-T Engineering Inc., dated October 26, 1999;
■ a six-foot chain link fence shall be installed and maintained around the perimeter of
the tower site;
■ the tower shall be equipped with an anti-climbing device;
■ no portion of the tower shall be used for advertising signs;
■ the tower shall maintain a galvanized steel finish or be painted so as to reduce its
visual obtrusiveness, unless prohibited by State or Federal authorities;
■ the tower shall not be illuminated by artificial means and shall not display strobe
lights, unless required by State or Federal authorities;
■ the tower shall be designed and constructed to accommodate the placement of no
fewer than two additional antennae for two additional providers;
■ a copy of the lease including appropriate guarantees an agreement to the co-
location of facilities and including the City of McHenry as a beneficiary to the
terms of the lease shall be provided to the City at the time of application for a
building permit; and
■ if the tower is abandoned or remains unused for a period of one year, it shall be
removed within eighteen months of its abandonment; all rental lease agreements
shall include language outlining this requirement.
As staff did not receive unanimous direction, the ordinance has been included on
this evening's meeting agenda for Council consideration as a separate line item.
Motion by Baird, seconded by Bolger, to acknowledge the unanimous
recommendation of the Zoning Board of Appeals, and to pass an ordinance as follows:
■ granting a use variance to permit the construction and operation, including the
cabinets, of a monopole radio tower in the E-Estate Residential Zoning District on
the Richard and Rita Adams property located at 2600 West Route 120,
approximately 100" south of Lincoln Road, southwest of Hilltop School;
■ granting a variance as to the minimum setbacks in the E-Estate Residential District;
■ granting a variance as to the maximum height of a radio tower in the City of
McHenry, to permit a 200' tower;
subject to the following conditions:
■ the tower shall be developed in substantial conformance with the application
drawings prepared by W-T Engineering Inc., dated October 26, 1999;
_ ■ a six-foot chain link fence shall be installed and maintained around the perimeter of
the tower site;
■ the tower shall be equipped with an anti-climbing device;
■ no portion of the tower shall be used for advertising signs;
■ the tower shall maintain a galvanized steel finish or be painted so as to reduce its
visual obtrusiveness, unless prohibited by State or Federal authorities;
■ the tower shall not be illuminated by artificial means and shall not display strobe
lights, unless required by State or Federal authorities;
■ the tower shall be designed and constructed to accommodate the placement of no
fewer than two additional antennae for two additional providers;
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■ a copy of the lease including appropriate guarantees an agreement to the co-
location of facilities and including the City of McHenry as a beneficiary to the
terms of the lease shall be provided to the City at the time of application for a
building permit; and
■ if the tower is abandoned or remains unused for a period of one year, it shall be
removed within eighteen months of its abandonment; all rental lease agreements
shall include language outlining this requirement. _
Voting Aye: Bolger, Murgatroyd, Baird.
Voting Nay: Glab, McClatchey.
Absent: None.
Motion carried.
CITY OF MCHENRY ZONING ORDINANCE TEXT AMENDMENT — TEMPORARY USES
Staff reported, the Community Development Committee at its June 3, 1999
meeting reviewed existing Zoning Ordinance requirements for temporary uses. The
Committee recommended the following changes:
■ Language clarification changing the term "bedding plants" to include other
types of landscaping materials;
■ Increasing the time frame for a temporary use from 90 to 120 days;
■ Restricting temporary uses to existing City of McHenry businesses and not-
for-profit groups;
■ Requiring temporary uses listed in Item #4, which includes roadside displays
and sale of farm produce, artwork or other merchandise, to obtain City
Council approval prior to the issuance of the temporary use permit.
Council approved these recommendations and authorized Staff to prepare the
appropriate materials to conduct a public hearing before the Zoning Board of Appeals
for the proposed Zoning Ordinance text revisions at the June 30, 1999 regularly
scheduled Council Meeting. The Zoning Board of Appeals conducted the public hearing
on December 6, 1999. The Zoning Board of Appeals recommended approval with a
vote of 5-1 of the following Zoning Ordinance amendment to Section III(K):
Paragraph 2 shall read:
Outside Display and Sale of Landscaping Materials:
Conditions:
a. Does not exceed 120 days per calendar year.
b. Is Conducted in Commercial Districts only.
c. Does not cover an area exceeding 50% of the width of any public walkway.
d. Is operated or sponsored by:
1. An established business n operation on the same property; or
2. A non-profit group, but only with the prior written consent of the
property owner.
Paragraph 4 shall read: _
Temporary Roadside Display and Sale of Farm Produce, Landscaping Material or
Other Merchandise.
Conditions:
a. Is not conducted in or adjacent to any developed residential area.
b. Is limited in duration to 90 days.
c. Provides adequate ingress and egress from adjoining roadways.
d. Provides one off-street parking space per 75 square feet of display area with a
minimum of 3 spaces. Such spaces need not meet the requirements of the off-
street parking and loading or landscaping sections herein.
e. Shall be reviewed and approved by the City Council.
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Director of Community Development Napolitano stated Staff is seeking Council
direction regarding the drafting of the appropriate ordinance.
Motion by McClatchey, seconded by Glab, to direct Staff to draft an ordinance
amending the City of McHenry Zoning Ordinance Section III (K) Temporary Uses
Paragraph 2 and Paragraph 4 with the following language:
Paragraph 2 shall read:
Outside Display and Sale of Landscaping Materials:
Conditions:
a. Does not exceed 120 days per calendar year.
b. Is Conducted in Commercial Districts only.
c. Does not cover an area exceeding 50% of the width of any public walkway.
d. Is operated or sponsored by:
1. An established business n operation on the same property; or
2. A non-profit group, but only with the prior written consent of the
property owner.
Paragraph 4 shall read:
Temporary Roadside Display and Sale of Farm Produce, Landscaping Material or
Other Merchandise.
Conditions:
f. Is not conducted in or adjacent to any developed residential area.
g. Is limited in duration to 90 days.
h. Provides adequate ingress and egress from adjoining roadways.
i. Provides one off-street parking space per 75 square feet of display area with a
minimum of 3 spaces. Such spaces need not meet the requirements of the off-
street parking and loading or landscaping sections herein.
j. Shall be reviewed and approved by the City Council.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Glab again opined carnivals and/or circuses should obtain Council
approval prior to securing a temporary use permit.
ORDINANCE ABATING REAL ESTATE TAXES FOR SERIES 1997B BONDS FOR THE
TAX LEVY YEAR 1999
City Administrator Lobaito reported as per the Mayor's request at the December
29, 1999 regularly scheduled meeting, Staff investigated the need to abate the real
estate taxes for Series 1997B Bonds in the amount of $122,925. These bonds were
payable from Water Sewer Fund revenues for the expansion of the South Wastewater
Treatment Plant. Staff consulted with financial advisor Harold Warren, of Warren and
Associates, who provided the verbal opinion it would be inappropriate for the City to
utilize these earmarked funds for future capital projects.
Motion by Bolger, seconded by Murgatroyd, to pass an ordinance providing for
the abatement of real estate taxes levied for the 1999 Tax Levy year, pursuant to an
ordinance adopted by the McHenry City Council on April 30, 1997 for the issuance of
Alternate General Obligation Bonds Series 1997B, for the purpose of expansion of the
South Wastewater Treatment Plant in the amount of $122,925.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
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MAYOR STATEMENT AND REPORTS
Mayor Cuda reported the Village of Lakemoor's attorney Lisa Waggoner has
indicated the Village of Lakemoor wishes to pursue a boundary agreement with the
City of McHenry. The suggested boundary would follow current Facility Planning Area
boundaries. Staff has provided the Village of Lakemoor with copies of border
agreements with the Village of Johnsburg and the Village of Ringwood for _
consideration in the use and development of a future agreement with the City of
McHenry and the Village of Lakemoor. Council will be kept apprised of the progress of
this specific boundary agreement.
COMMITTEE REPORTS
Public Works Committee Chairman Alderman Bolger reported the Public Works
Committee had met just prior to this evening's regularly scheduled Council Meeting to
discuss and develop the Streets Program for calendar year 2000. He noted it was the
recommendation of the Committee to develop two separate programs: one for
maintenance, and one for street construction. Bid specifications for both programs will
be developed and advertised. Both programs will be presented to Council for approval.
Finance and Personnel Committee Chairman Alderman Murgatroyd reported the
Finance and Personnel Committee had met on Saturday, January 8, 2000 to complete
the initial review of the City of McHenry's Personnel Policy. Staff was directed to
incorporate the Committee's recommendations. The revised policy will again be
reviewed by the City of McHenry's law firm, Zukowski, Rogers, Flood and McArdle.
Community Development Committee Chairman Alderman McClatchey reminded
Council of the Community Development Committee Meeting scheduled for Wednesday,
January 19, 2000 at 6:30 p.m. to discuss Adult Uses and Telecommunication Tower
Maintenance.
Alderman Baird also noted the Public Works Committee is requesting the
Finance and Personnel Committee review their recommendation to fill the vacant Public
Works Department Inspector position.
STAFF REPORTS
Director of Community Development Napolitano reported Staff has completed
review and update of the City of McHenry's Subdivision Control Ordinance. Their
recommendations will be reviewed by City Attorney and City Engineering firm Baxter
and Woodman prior to appearing before Council for comment and review. Staff is also
reviewing new building codes for any potential conflicts prior to adoption by the City
of McHenry. These new building codes will appear before Council for formal adoption.
Chief of Police Kostecki reported in conjunction with the recently awarded COPS
in School Grant, two new patrolmen were hired last week. The patrolmen will begin
their eight-week course work at the University of Illinois Basic Law Enforcement
Training Class in Champaign, Illinois, on Monday, January 17, 2000.
City Administrator Lobaito reported Staff was in receipt of correspondence from
the Neighbors Against Irresponsible Growth requesting a meeting in Executive Session
with full Council regarding the Gerstad Diedrich Farm Annexation. City Administrator
Lobaito informed Council as the letter was hand delivered by representative Michael
Oliver, he took the opportunity to explain the inappropriateness of discussing the
proposed Annexation in Executive Session. Council took no formal action at this time.
City Administrator also reported Staff has requested the Northern Illinois
Planning Commission provide written opinion to the City of McHenry regarding Mr.
Gerstad's request for sanitary sewer service by the City versus individual septic
installation per single family lot, or the installation of a stand-alone sanitary sewer
system. In addition, City Planner Maggio has scheduled an appointment with County
Planner James Hogue to determine how many single-family homes the County would
permit under County Zoning on this specific parcel of property. This information will be
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provided Council once obtained by Staff,
Alderman Glab also requested City Planner Maggio obtain information regarding
permitted density under County zoning if sanitary sewer services were provided the
City of McHenry.
In conclusion, City Administrator Lobaito reported Staff was working with Mr.
Richard Adams engineers to develop a Recapture Agreement for his Route 120
Business Park development, as per the terms of his Annexation Agreement dated
August 12, 1998. A Recapture Agreement is also being developed for the Boone Creek
Subdivision.
City Clerk Althoff reported the last phase of the Local Update for Census
Addresses is being completed and the Census 2000 proceedings will begin
immediately. Council will be kept apprised of Census progress. Council as well as the
General Public via cable television was informed the Census Bureau was still seeking
Census takers for $1 1 .25/hour, within McHenry County.
NEW BUSINESS
Alderman Baird, referencing previous Public Works Committee recommendation
and Council approval, informed Council he had an unexpected small Public Works
project he would like the Committee to consider under the parameters as yet to be
established for the semi-annual consideration of Special Public Works Projects.
Alderman Baird, as Parks and Recreation Committee Chairman, noted the Parks and
Recreation Committee would be reviewing the development of a pathway at the
Jaycee Park as per original park design renderings. In addition, he would like the Parks
and Recreation Committee to consider the installation of lights at the Jaycee Park.
In response to Alderman Baird's request, Staff noted Father Sherry, Church of
Holy Apostles Pastor, will be provided with the name and address of the appropriate
County authorities regarding a speed limit reduction on Bull Valley Road. Alderman
Baird also requested Staff and Council recognize the importance of educating the
general public regarding Council's action to create a telecommunications tax to
construct a recreational facility.
Alderman McClatchey requested Staff investigate the feasibility of restricting
vehicular traffic traveling westbound on Pearl Street from turning north on the red light
onto Route 31 . He cited safety concerns and sight line difficulties for vehicular traffic
traveling eastbound on Washington Street, gain and attempting to access Route 31
travelling north.
City Attorney McArdle informed Council additional information regarding the
counter-offer from the Bruce Brothers for the Bruce Riviera Yacht Basin Marina
Property would be provided for further discussion at the January 19, 2000 regularly
scheduled Council Meeting.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:04 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:04 p.m.
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MAYOR CIT ERK