HomeMy WebLinkAboutMinutes - 12/01/1999 - City Council REGULAR MEETING
DECEMBER 1, 1999
A Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, December 1 , 1999 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,
Director of Community Development Napolitano, Assistant Administrator Maxeiner.
Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
Thomas Thorton of 611 Silbury Court addressed Council, inquiring as to when
the draft occupancy ordinance, as per the Community Development Committee's
recommendation, would be submitted for full Council consideration. City Administrator
Lobaito noted the ordinance was scheduled for consideration at the December 13th
regularly scheduled Council meeting. Alderman Glab requested those residents
attending the Community Development Committee Meeting be notified of the
December 13th regularly scheduled Council Meeting Agenda.
PRESENTATION: MCHENRY HORNETS FOOTBALL TEAM
Vice President of the McHenry Hornets Football Team, Ted Pillow, presented a
plaque of appreciation and a monetary donation to Director of Parks and Recreation
Merkel in appreciation for the use of Knox Park. Mr. Pillow noted the Parks and
Recreation Department graciously permitted the McHenry Hornets Football Team
access to the lighted Knox Park facility for evening team practices in conjunction with
football playoffs.
Alderman Glab left the meeting at 7:40 p.m.
MCHENRY ECONOMIC DEVELOPMENT COMMISSION PRESENTATION: SPECIAL
PROJECT, MCHENRY RIVERWALK
McHenry Economic Development Commission (EDC) President E. Joseph
Gausden and Special Projects/Riverwalk Committee Chairman Kit Carstens, were in
attendance. EDC President Gausden reminded Council EDC representatives had
appeared before Council in February of 1998, and were invited to return when a
primary project had been identified. The EDC has selected a Riverwalk Project.
Special Projects/Riverwalk Committee Chairman Carstens addressed Council.
Chairman Carstens stated the Riverwalk Project was selected as the EDC Special
Project for the following reasons:
■ McHenry retailers have initiated a downtown revitalization program on
Riverside Drive and Green Street;
■ Traffic improvements such as the West McHenry Bypass, the East McHenry
Bypass and numerous improvements within the City will ease access to a
Riverwalk Project along the river;
■ The City's recently adopted Comprehensive Plan has independently identified
a McHenry Riverwalk as a viable opportunity for positive growth in the
community;
■ Steps have been taken by McHenry County and the State of Illinois toward
acknowledging the tourist destination attraction of McHenry, highlighted by
the Fox River;
■ Timing is critical to secure easements and access routes to the Riverwalk.
Chairman Carstens noted beginning the McHenry Riverwalk affords the City an
opportunity to mold McHenry into something special. The Riverwalk would improve
quality of life and provide growth in Economic Development in the community.
Alderman Glab returned to the meeting at 7:50 p.m.
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In conclusion, Chairman Carstens requested Council:
■ Provide formal recognition of the McHenry Riverwalk Committee;
■ Provide authority to contact and interview property owners along designated
Riverwalk route;
■ Earmark the annual $10,000 economic development budget figure for the
Riverwalk Project;
■ Cooperate with the EDC in obtaining easements and when properties located
within the designated Riverwalk area appear before Council for variances,
rezoning, conditional uses, annexation or other matters.
A Question and Answer period followed.
In response to Alderman Baird's inquiry regarding maintenance responsibilities
and additional boat slips, Chairman Carstens noted several options are available for
future consideration. Chairman Carstens noted this would be a multi-year phasing
project. Further discussion followed.
It was the consensus of Council to develop a resolution:
■ Formally recognizing the Riverwalk Committee;
■ Establishing the Riverwalk Committee's operating guidelines; and
■ Authorizing the expenditure of monies within the 2000-2001 City of
McHenry Budget to be utilized for the Riverwalk Project.
Motion by Bolger, seconded by Murgatroyd, to direct Staff to draft a resolution:
■ Formally recognizing the Riverwalk Committee; --�
■ Establishing the Riverwalk Committee's operating guidelines; and
■ Authorizing the expenditure of monies within the 2000-2001 City of
McHenry Budget to be utilized for the Riverwalk Project, in addition to
purchasing approval procedures.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA
Motion by Baird, seconded by Bolger, to approve the Consent Agenda as
follows:
■ Authorize advertisement for replacement employee - Police Department;
■ Approval of City Council Minutes:
■ November 10, 1999 regularly scheduled meeting;
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BUILDING SETBACK MINOR VARIANCE: 5502 WINDHAVEN TRAIL, JOHN DIERKER
Petitioner John W. Dierker was in attendance. Mr. Dierker addressed Council
requesting a corner sideyard setback variance to permit a 1 .5-foot encroachment. Staff
noted the property is located within the Winding Creek Unit 4 Subdivision, and is
commonly known as 5502 Windhaven Trail. The Petitioner is requesting a variance to
permit the construction of a masonry fireplace beyond the 30-foot setback line on
Windhaven Court. The fireplace is to be constructed on the east wall of the home,
adjacent to the corner sideyard, and results in a setback of approximately 28.5 feet.
Mr. Dierker noted his neighbors have expressed no objections to the project. Mr.
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Dierker appeared before the Zoning Board of Appeals on November 15, 1999, and
received a unanimous recommendation to grant a variance permitting a 1 .5-foot corner
sideyard setback encroachment to allow for the construction of a masonry fireplace
and chimney.
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 for the
property located at 5502 Windhaven Trail permitting a 1 .5 foot corner sideyard
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setback encroachment to permit the construction of a masonry fireplace and chimney.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
POLICE DEPARTMENT COMPUTER EQUIPMENT CHANGE ORDER
City Administrator Lobaito reminded Council reference to this Change Order had
been made at the November 17, 1999 regularly scheduled Council Meeting. Due to a
typographical error, computer hardware backup specifications were over-stated.
Correction and purchase of the appropriate backup equipment, resulted in total savings
of approximately $10,000. Additional expenditures for desktop printers and utility
software result in overall savings for the purchase of Police Department Computer
Hardware and Software of $2,988.45.
Motion by Murgatroyd, seconded by Bolger, to approve Change Order No. 1 ,
eliminating the purchase of 1 UPS backup, 1 pin printer, 3 workstations, and 1 UPS
desk backup; and to approve Change Order No. 2 for the purchase of 4 desktop
printers and utility software; resulting in an overall savings of $2,988.45 for the Police
Department Computer Hardware and Software purchase approved at the November
17, 1999 regularly scheduled Council Meeting.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PUBLIC WORKS DEPARTMENT WASTEWATER DIVISION TRUCK BID AWARD
Director of Public Works Batt reported the 1999-2000 Budget reflects a
$75,000 expenditure for the purchase of a replacement vehicle to haul sludge for the
Wastewater Division. Bid specifications were developed, sought and opened on
November 9, 1999. Two bids were received, with the low bid being Truck Centers of
Springfield, Illinois, in the amount of $55,284. It is Staff's recommendation to award
the Wastewater Division truck bid less the trade-in to Truck Centers Inc. of Springfield,
Illinois in the amount of $55,284.
Motion by Bolger, seconded by Murgatroyd, to award the Public Works
Wastewater Division sludge-hauling truck bid, less the trade-in to Truck Centers Inc. of
Springfield, Illinois, in an amount not-to-exceed $55,284.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
In response to Alderman Bolger's inquiry, Director Batt noted the truck would
not be equipped with a snow plow.
In response to Alderman Murgatroyd's inquiry regarding delivery, Director Batt
noted Freund Equipment of Huntley, Illinois, specified a two-week delivery time as
opposed to the low bidder's delivery period of 90 days. Director Batt stated the 90-day
delivery period was acceptable as the existing sludge-hauling vehicle remains in place
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and is operable.
TARGET DETENTION POND IMPROVEMENTS
Developer Roger Gerstad was in attendance. Director of Public Works Batt
explained Roger Gerstad of Gerstad Builders is requesting City participation to raise the
elevation of the east berm of the Target Detention Basin. These improvements are
necessitated as a result of the June 13, 1999 flood. Residents in the area experienced
flooding due, in part, to storm water, overtopping the detention pond berm. The City
sanitary sewer lift station, located at the Target Detention Pond's east berm, also was
submerged. Director Batt noted the flooding occurred even though the detention pond
was designed and constructed in accordance with current standard engineering
specifications. Mr. Gerstad has also taken corrective measures to alleviate drainage
problems experienced by those residents and property owners located downstream of
the Target Detention Basin. He has and is currently working with City engineering firm
Baxter and Woodman to design a retaining wall for the Target Detention Pond, which
will not only protect the City's lift station from future flooding, but provide additional
security for the residents and property owners located downstream of the detention
pond. Director Batt explained further the cost of these improvements is estimated to
be approximately $27,000. Gerstad Builders obtained three quotes for the work, with
the low bidder Gerstad Builders at $28,000. Mr. Gerstad is requesting the City
participate in the expense of this project at a 75% level, or $21 ,000. The City in 1992
accepted maintenance responsibilities of the Target Detention Basin for a cash
contribution of $40,000. Since that time, that fund has increased to approximately
$52,000 due to interest earnings. Some discussion followed.
Alderman Glab suggested the proposed work was an improvement, not
maintenance. Some discussion followed regarding the proposed retaining wall
construction specifications. --�
In response to Mayor Cuda's inquiry, Staff opined the balance of the fund after
Target Detention Pond Improvement expenditures, would yet be enough to address
any future maintenance problems.
Motion by Baird, seconded by McClatchey, to approve Gerstad Builders request
for City participation not-to-exceed $21 ,000 to develop and construct in conjunction
with City engineering firm Baxter and Woodman, a retaining wall for the Target
Detention Pond.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
In response to Alderman Glab's inquiry, Director Batt stated the Detention Pond
retaining wall construction would meet today's 100-year storm design standards.
However, as stated by Baxter and Woodman Engineer William Blecke, these standards
are subject to change and revision, based on new information which is being
continuously updated.
MUNICIPAL CODE AMENDMENT: CHAPTER 21, DRIVEWAY REGULATION
ORDINANCE
Director of Community Development Napolitano informed Council it was the
Community Development Committee's unanimous recommendation at its November
10, 1999 meeting to make the following revisions and modifications to the Municipal
Code, Chapter 21 , Article 3, addressing driveway regulations:
■ Increase the allowable width of residential driveways from 20 feet to permit an
additional five feet of driveway for each garage stall over two;
■ Locate all driveway surfacing requirements in the Municipal Code;
■ Maintain Municipal Code language requiring driveway expansions to have the
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same surface as the original driveway;
■ Permit accent strips for walking of up to eighteen inches wide, with a different
surface than the original driveway;
■ Permit the use of paver bricks as a driveway surface.
At Council's direction, Staff will also prepare the necessary materials to amend
the City of McHenry Zoning Ordinance. This will require a hearing before the Zoning
Board of Appeals.
Community Development Committee Chairman Alderman McClatchey noted the
proposed amending ordinance clarifies existing ordinance language.
Motion by Bolger, seconded by McClatchey, to pass an ordinance amending the
City of McHenry Municipal Code Chapter 21 Article 3 entitled Driveways in the
following manner:
■ Increase the allowable width of residential driveways from 20 feet to permit an
additional five feet of driveway for each garage stall over two, up to a maximum
driveway width of 30 feet;
■ Locate all driveway surfacing requirements in the Municipal Code;
■ Maintain Municipal Code language requiring driveway expansions to have the same
surface as the original driveway;
■ Permit accent strips for walking of up to eighteen inches wide, with a different
surface than the original driveway;
■ Permit the use of paver bricks as a driveway surface;
and to direct staff to prepare the necessary materials to appear before the Zoning
Board of Appeals with a petition to amend the City of McHenry Zoning Ordinance
regarding:
■ Increase the allowable residential driveway width from 20 feet to an additional five
feet of driveway width for each garage stall over two;
■ All driveway surfacing requirements shall be deleted from the Zoning Ordinance and
inserted in the Municipal Code, Chapter 21 ;
■ Allowing driveway accent strips with a maximum width of eighteen inches with a
different surface than that of the original driveway;
■ Including paver bricks as a permitted driveway surface, in addition to asphalt,
concrete and gravel for residential driveways.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
In response to Alderman Baird's inquiry, Director Napolitano noted paver bricks
do require a higher level of maintenance; however, the proposed ordinance includes
installation specifications as well as inspection requirements. In addition, Director
Napolitano noted paver bricks would not be permitted in any public right-of-way.
MAYOR STATEMENT AND REPORTS
Mayor Cuda, referencing his memo of December 1st on the Route 31 and
McCullom Lake Road Project, requested Council consider amending the Budget
authorizing an expenditure of $85,569 to proceed with the Phase 1 Engineering and
Final Engineering to meet the construction year 2002. As previously noted, the
potential of advanced funding exists with the McHenry County Council of Mayors for
this project. Therefore, it is imperative engineering be completed to meet all funding
requirements. Some discussion followed.
In response to Alderman Murgatroyd's inquiry, Staff has been informed by Smith
Engineering Traffic Consultant Gary Rozwadowski engineering can be completed within
six months. It was the consensus of Council to place consideration of this budget
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amendment on the December 13, 1999 regularly scheduled Council Meeting Agenda.
Council also requested a preliminary sketch of the proposed intersection improvement
be provided as well as estimated construction costs as part of the meeting Agenda
Supplement.
Mayor Cuda, City Administrator Lobaito, Alderman Glab, chief Kostecki and
Director of Community Development Napolitano met with Inland Management --�
representatives in a follow-up meeting regarding Garden Quarter Apartments. The City
of McHenry is pursuing ongoing cooperation with the Garden Quarter Apartment
management company to correct all building violations and maintain a safe and clean
environment for all Garden Quarter residents.
Mayor Cuda also reported he, City Administrator Lobaito and Director of
Community Development Napolitano met with the owners of the former Moy Property
located on Route 120 next to Sullivan Foods. The new owner, Dan Ponterelli, is
proposing a four-story structure containing lower level commercial businesses and
providing two-bedroom residential units on the upper three floors. This proposal meets
all City of McHenry zoning requirements and requires no variances or conditional uses.
In response to Alderman Bolger's inquiry, ingress and egress will be via Route
120. Some discussion followed.
In response to Council inquiry, Staff noted the project meets all floor to area
ratios and parking requirements. An easement along the Fox River has been requested
by Staff and the property owner has verbally agreed to this request.
In conclusion, Mayor Cuda, referencing his memo regarding Roger Gerstad's
request, directed Council to contact him with any comments and/or concerns. -�
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Community Development Napolitano reported Community
Development Staff conducted a follow-up inspection of Garden Quarter Apartments.
Previously, eighty-four code violations were located and noted. All but a few minor
violations have been corrected. Staff will conduct a second follow-up inspection next
Monday.
Director of Public Works Batt reported bids were opened for the televised sewer
line service on Tuesday at 11 a.m. Award of bid will be presented for full Council
consideration at the December 131h regularly scheduled Council Meeting. At Director
Batt's suggestion, Public Works Committee Chairman Alderman Bolger scheduled a
Public Works Committee Meeting for Wednesday, January 12, 2000 at 6:30 p.m.
Director of Parks and Recreation Merkel reported he, Mayor Cuda, City
Administrator Lobaito, and Chief of Police Kostecki, had attended the Skateboard
Meeting at Parkland School this afternoon at 3 p.m. A follow-up organizational meeting
for parents was scheduled for Thursday, December 2, 1999 at 7:30 p.m. at the
Advantage Realty Office. Director Merkel noted an immediate goal of this organization
would be to locate a central spot to permit skateboarding. Council will be kept
apprised of future developments. Director Merkel also informed Council the next
NISRA Board of Directors Meeting was scheduled for Monday evening, December 6,
1999. Construction of the Petersen Maintenance Building Addition had begun. In
conclusion, he reminded Council the City of McHenry's official Christmas Tree Lighting
Ceremony would take place on Sunday, December 5, 1999 at 4 p.m.
Chief of Police Kostecki reported Sergeant Wood would be graduating from the
Northwest Police Staff and Command Academy on Friday, December 171h. He noted
Sergeant Wood had received positive comments from his instructors and expressed his
appreciation. Chief Kostecki also noted skateboarding is legal in residential areas.
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Skateboarding is„prohibited only in commercial and public areas.
City Administrator Lobaito, referencing his December 1s' memo regarding Park
Department computer equipment replacement, requested Council approve the
expenditure of approximately $9,000 for the purchase of computer hardware for the
Parks and Recreation Department. It was the recommendation of Director of Parks and
Recreation Merkel to reallocate saved monies from the following projects, which came
in under budget:
■ Multi-deck mower purchase; and
■ Front-end Rotary Mower.
City Administrator Lobaito reported the Finance and Personnel Committee had
reviewed Director Merkel's request at its November 23, 1999 meeting and
unanimously recommended the reallocation of Parks and Recreation Department
monies to purchase the required computer hardware equipment in an amount not-to-
exceed $10,000. The computer server and five workstations require replacement to
become Y2K compliant. Assistant Administrator Maxeiner noted three quotes were
obtained this afternoon with the lowest quote $8,818.64.
Motion by Baird, seconded by Bolger, to accept the unanimous recommendation
of the Finance and Personnel Committee, and approve the reallocation of monies to
purchase a server and five workstations for the Parks and Recreation Department in an
amount not-to-exceed $10,000.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird..
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Lobaito also reported City engineering firm Baxter and
Woodman was seeking Council input regarding the elevated storage tank design.
Colors will also be presented to Council for consideration. Information on the boundary
agreement between the City of McHenry and the Village of Prairie Grove was
distributed for full Council consideration in Friday's Agenda Packet. This issue will be
placed on a January, 2000 regularly scheduled Council Meeting Agenda for further
discussion and formal action. City Administrator Lobaito also noted State Route 31 has
been paved from Bull Valley Road south to the Shamrock Lane intersection. Final
surfacing will be completed next spring.
A Finance and Personnel Committee Meeting was scheduled for Saturday,
January 8, 2000 at 8:00 a.m. The Finance and Personnel Committee will continue
discussions regarding the Personnel Policy Manual review and revisions.
City Administrator Lobaito drew Council's attention to the Landmark
Commission correspondence distributed this evening for Council review. He noted the
Landmark Commission is encouraging Council to consider initiating discussions with
the McHenry County Board regarding the purchase of the Knox Home Barn and
property located at 312 S. Green Street. Some discussion followed. It was noted the
Landmark Commission opined the house appears to be in sound condition; however,
the barn needs restoration
work. It was the consensus of Council to acknowledge the recommendation of the
Landmark Commission and pursue the acquisition of the Knox Farm Property located at
312 S. Green Street. Council directed City Administrator Lobaito to draft a letter to
McHenry County Board Chairman Michael Tryon, expressing the City's interest in
acquiring the Knox Farm Property.
In response to Alderman Glab's inquiry regarding the reduction in speed along
Bull Valley Road between Route 31 and Crystal Lake Road, City Administrator Lobaito
reported a written response from McHenry County Transportation Superintendent
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James Stahlaecker was recently received, denying the City's request for a reduction in
the posted speed limit. A copy of the correspondence will be provided for Council
review in Friday's December 3rd Agenda Packet.
City Clerk Althoff informed Council local artist and illustrator Lori Wilhelm was
developing a new City Seal for Council review and consideration. She also reminded
Council reservations for the McHenry County Municipal Association Christmas Dinner
were needed prior to Friday, December 101h.
In response to Alderman Murgatroyd's inquiry regarding the Landmark
Commission's statement regarding barn restoration work, City Administrator Lobaito
stated structural engineering considerations were a concern. A complete structural
engineering inspection will be required.
City Attorney McArdle informed Council NIMED Corporation representatives
informed him an amending resolution must be passed as soon as possible. First
Midwest Trust Company is being replaced as trustee of the health facility's revenue
bonds approved by Council at its October 13, 1999 regularly scheduled meeting. First
Midwest Trust Company has informed MIMED Corporation they will not have the
necessary trust personnel over the life of the bonds to perform the duties of trustee.
American National Bank and Trust Company of Chicago will be appointed trustee in
their stead. The pre-closing for the Series 1999A and 1999B health facility revenue
bonds is scheduled for December 81h and the bonds must be issued before the end of
the calendar year in order to make use of the City's bank qualification designation.
Some discussion followed.
Motion by Bolger, seconded by Baird, to pass a resolution authorizing the
amendment of Resolution No. R-99-033 which authorizes the execution and delivery of
an intergovernmental cooperation agreement among the City, the Village of Antioch, --
Illinois, the Village of Huntley, Illinois, the City of Woodstock, Illinois, the Village of
Lake in the Hills, Illinois, the Village of Island Lake, Illinois and the Village of Fox Lake,
Illinois, regarding the financing of various capital projects; authorizing the issuance and
confirming the sale of not-to-exceed (1) $6,000,000 aggregate principal amount of
Health Facilities Revenue Bonds (NIMED Corporation Projects) Series 1999A of the
City; and (2) $14,000,000 aggregate principal amount of Taxable Health Facilities
Revenue Bonds (NIMED Corporation Projects) Series 1999B of the City; for the
purpose of financing various industrial projects in accordance with the
Intergovernmental Cooperation Agreement; authorizing the execution and delivery of a
Trust Indenture, a Loan Agreement, A Tax Exemption Agreement and Certificate and a
Bond Purchase Agreement; and providing for related matters; and authorizing the
execution of a trust indenture between the City of McHenry and American National
Bank and Trust Company of Chicago.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: Murgatroyd.
Absent: None.
Motion carried.
EXECUTIVE SESSION
Motion by Bolger, seconded by Glab, to go into Executive Session to discuss
Personnel at 9:23 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:23 p.m.
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Motion by Bolger, seconded by Murgatroyd, to go back into Open Session at
9:43 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:43 p.m.
Motion by Murgatroyd, seconded by McClatchey, to approve the salary increase
of 4.25% for City Administrator Lobaito retroactive to July 9, 1999.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Glab, seconded by Baird, to adjourn the meeting at 9:45 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 9:45 p.m.
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