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HomeMy WebLinkAboutMinutes - 07/28/1999 - City Council REGULAR MEETING JULY 28, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, July 28, 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: Assistant City Administrator Maxeiner, City Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki (arrived at 7:45 p.m.), Director of Parks and Recreation Merkel, Director of Public Works Batt, Director of Community Development Napolitano. Absent: City Administrator Lobaito. Mayor Cuda stated Alderman Baird was attending this evening's Council Meeting via teleconferencing. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes of Public Input Session. PRESENTATION: ENVIRONMENTAL ADVISORY COMMISSION PLAQUES OF RECOGNITION FOR ECO-FRIENDLY BUSINESSES Environmental Advisory Commission Chairman Tom McCarthy and Commission members, Margie McCarthy, John Ripkey and Billie J. VanCleave were in attendance. The purpose of the Eco-Friendly Program is to recognize businesses not included in the City's curbside program and to encourage them to continue with their recycling efforts. On June 30, 199 the City awarded plaques of recognition to nine local businesses and this evening the following businesses were presented with a commendation plaque and Eco-Friendly decal acknowledging their recycling efforts: ■ D & J Automotive ■ McHenry Post Office ■ McHenry Specialties ■ Montini School ■ Oxford Marketing ■ Prime Commercial Corporation ■ R & S Distributors ■ St. Mary's Church ■ Sullivan Foods PUBLIC HEARING: 1999-2000 ANNUAL APPROPRIATION ORDINANCE Mayor Cuda opened the Public Hearing regarding the Annual Appropriation Ordinance at 7:37 p.m. Assistant Administrator Maxeiner reminded Council each year Council must adopt an Appropriation Ordinance in the first quarter of the fiscal year. Additionally, a certified copy of the ordinance must be filed with the County Clerk within 30 days of adoption. Assistant Administrator Maxeiner explained the Appropriation Ordinance provides the legal authority to allocate funds to specific spending activities. It also establishes the City's legal spending limit for the fiscal year. In conclusion, Assistant Administrator Maxeiner noted the total amount specified in the Appropriation Ordinance is $24,662,850.00. He stated the internal control is the City's approved budget of approximately $20,000,000; however, total expenditures could not exceed the amount stated in the Appropriation Ordinance. Assistant Administrator Maxeiner pointed out two items were not included in the budget but have been included in the appropriation ordinance, in anticipation of the Council's direction on these projects. These two items are: ■ $75,000 Storm Drainage - Engineering Fees (in the Capital Projects Fund) ■ $600,000 Infrastructure Improvements for the East Side Water Main Extension Project (Capital Development Fund). Page 2 7/28/99 Alderman Bolger opined the $75,000 earmarked for "engineering fees" should state "and other associated costs" . In response to an inquiry from Mayor Cuda, City Clerk Althoff stated there had been no oral or written comments received regarding the Appropriation Ordinance in the Office of the City Clerk. Motion by Glab, seconded by Murgatroyd, to close the Public Hearing regarding the City of McHenry's Annual Appropriation Ordinance for the 1999-2000 Fiscal Year at 7:40 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Bolger to pass an ordinance approving the City of McHenry Annual Appropriation Ordinance for the 1999-2000 Fiscal Year in an amount not-to-exceed $24,662,850.00, subject to the language amendment replacing "engineering fees" with "and other associated costs". Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA Motion by Bolger, seconded by Glab, to approve the Consent Agenda as follows: — ■ Lakeland Park Drainage Project Phase III - Final Payment to Thelen Sand & Gravel - $33,754.95; ■ 1998 Street Program Contract - Final Payment to Curran Contracting - $63,850.75; ■ Amendment to Municipal Code Chapter 13, Traffic Code - exempting Funeral Processions from "No Left Turns" from Green Street onto Elm Street; ■ Request to connect to Police Alarm Panel - Prime Commercial - 420 North Front Street; ■ Block party requests: ■ August 8, 1999, Park Street, by Polish Legion of American Veterans; ■ August 21 , 1999, Olde Mill Ponds, by Cheri Wingstrom; ■ July 31 , 1999, Winding Creek, by Mary O'Shea; ■ Picnic Permits/Special Use Permits; ■ Maintenance of Municipal Center Floors; ■ Approval City Council Minutes: ■ July 7, 1999 Regular Meeting; ■ July 14, 1999 Regular Meeting; ■ Bills for Approval: GENERAL FUND ACME BRICK & SUPPLY CO 418.00 ADAMS ENTERPRISES INC, R 17.96 ADAMS STEEL SERVICE INC 96.12 ALEXANDER LUMBER CO 112.23 AMERICAN FAMILY INSURANC 30.00 AMICI, MARLA 124.00 ANDY LECHNER 40.00 ARROW UNIFORM RENTAL INC 176.24 BARCAL, JIM 163.40 BAZILEWICH, GREG 115.50 BIALACHOWSKI, LAURA 65.00 BONCOSKY OIL COMPANY 1,071.70 BOONE CREEK GOLF CLUB IN 680.00 BRADY, PHILLIP E & ASSOC 1,375.00 BUILDING OFFICIALS AND 89.00 BUTLER, KEVIN 13.00 CENTEGRA OCCUPATIONAL HE 281.20 CLARKE ENVIRONMENTAL MOS 10,608.00 CM PROPERTIES LLC 30.00 CORLANDS 1,397.26 Page 3 7/28/99 DELELIO, CHERYL 35.00 EAGLE FOODS 30.00 EXTECH COMPANY 97.35 FASSBINDER, JIM 500.00 FINGERPRINT AMERICA 430.50 FISCHER BROS FRESH 1,204.00 FOX LABS INTERNATIONAL I 250.00 G IMPRESSIONS 50.00 GERSTAD BUILDERS 885.00 GITZKE, WILLIAM J 2,681.65 GOVERNMENT FINANCE 380.00 GRIFFIN, JIM 178.50 HANSEN'S ALIGNMENT, DON 126.45 HEDGE, MARY 62.00 IIMC 160.00 ILLINOIS LAWN EQUIPMENT 15,175.00 ILLINOIS MUNICIPAL LEAGU 636.00 JERDEN, CINDY 76.80 JOHN R PROESEL 40.00 JONASEN, LAURA 42.59 JONES COACH TRAVEL 310.00 KICK, KAREN 62.00 KOSMACH, ANN 35.00 KROHN LAWN & LANDSCAPE 18,225.00 KUCHARSKI, CHRIS 50.00 KUEHNER, ANGIE 37.00 KUNZER, KATHLEEN 22.85 KUTNICK, MICHAEL 168.00 LEONARDI'S FOOD 571.50 LETN 388.00 LOVE, ANTHONY 231.00 LUBBEN, GERALD E 294.00 LUNKENHEIMER, PATTIE 28.50 MACDONALD, JANICE 47.13 MARIANNE KAE 180.56 MARLER, TODD 65.00 MCANDREW & CUNABAUGH 6,800.00 MCHENRY COUNTY CONSERVAT 25.00 MCHENRY PUBLIC LIBRARY 1,472.13 MCHENRY SPECIALTIES 20.00 MCHENRY WATER/SEWER FUND 13,715.00 MELROSE PYROTECHNICS INC 15,000.00 MOORE, MARGE 56.00 NEWMAN, CHRISTINE 80.40 OFFICE DEPOT INC 401.17 ORLAK, DONNA 35.00 PALYA, CHRISTINE 45.00 PAMELA J ALTHOFF 38.50 PENTECOSTAL CHURCH OF GO 35.00 PEREZ, DIANE 70.00 PINTER, BILL 210.00 POLICE PENSION FUND 2,553.51 POULOS, GUS 10.00 R & S DISTRIBUTORS INC 115.70 REPTA, EDWARD 35.00 ROGER PECHOUS 294.81 SAM'S CLUB 540.50 SICILIAN, NICOLE 32.00 SMITH ENGINEERING 65.00 SMITH ENGINEERING CONSUL 147.50 SUE ROBERTSON 62.75 SULENTIC, STACIE 11.26 SUMMERS PORTABLE TOILETS 570.00 TED JUSKE 462.00 THOMAS MCCARTHY 1,666.00 THOMPSON ELEVATOR 33.00 TROCKI, TODD 210.00 TRUSCO MANUFACTURING CO 139.69 VELDHUIZEN, PEARL 35.00 WARREN, TOM 640.50 ZUKOWSKI ROGERS FLOOD & 5,607.55 ANNEXATION FUND MCHENRY COMMUNITY HIGH 2,863.00 MCHENRY COMMUNITY SCHOOL 4,063.00 MCHENRY PUBLIC LIBRARY 153.00 DEVELOPER DONATION FUND CORLANDS 1,397.26 GERSTAD BUILDERS 1,644.00 RETAINED PERSONNEL ESCROW ZUKOWSKI ROGERS FLOOD & 1,870.00 WATER/SEWER FUND ADAMS STEEL SERVICE INC 4.00 AQUAPREP 4,455.00 ARROW UNIFORM RENTAL INC 324.36 AUTO TECH CENTERS INC 115.60 AUTOMATIC CONTROL SERVIC 10,455.00 BADGER METER INC 225.00 BONCOSKY OIL COMPANY 413.80 KROHN LAWN & LANDSCAPE 1,735.00 MCHENRY ANALYTICAL WATER 240.00 NCL OF WISCONSIN INC 508.88 CAPITAL DEVELOPMENT FUND MCHENRY CAPITAL DEVELOPM 89,137.00 Page 4 7/28/99 GRAND TOTAL 231,498.86 EXPENDED 01 GENERAL FUND 111,894.96 13 ANNEXATION FUND 7,079.00 37 DEVELOPER DONATION FUND 3,041.26 39 RETAINED PERSONNEL ESCROW 1,870.00 51 WATER/SEWER FUND 18,476.64 55 CAPITAL DEVELOPMENT FUND 89,137.00 **** 231,498.86 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM STATE REPRESENTATIVE JACK FRANKS FOR THE USE OF THE COUNCIL CHAMBERS State Representative Jack Franks has requested use of the Council Chambers for a town hall meeting on Monday, September 27, 1999 at 7:00 p.m. Alderman Bolger noted the success of the last meeting which was well-attended by City residents. Motion by Bolger, seconded by McClatchey, to approve the use by State Representative Jack Franks of the City of McHenry Municipal Center Council Chambers on Monday, September 27, 1999 at 7:00 p.m. to host a town hall meeting. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. SEMI-ANNUAL DISTRIBUTION OF DEVELOPER DONATIONS TO TAXING ENTITIES Jim Finch, Secretary for McHenry School District 156 Board; Chief Wayne Amore of the McHenry Township Fire Protection District; and Executive Director Arlene Kaspik of the McHenry Library; were in attendance. Mayor Cuda reminded Council the Developer Donations collected for each of the taxing districts are distributed to the taxing bodies semi-annually. Developer donations collected between January 1 , 1999 and June 30, 1999 are as follows: ■ McHenry High School District 156 $1 19,1 12.35 ■ McHenry Elementary School District 15 $221 ,208.65 ■ McHenry Public Library District $ 26,615.00 ■ McHenry Township Fire Protection District $ 26,615.00 Total $393,551 .00 In addition, Mayor Cuda noted the Park Department received $133,694.00 in Developer Donations for the same time period. Chief Kostecki arrived at 7:45 p.m. Page 5 7/28/99 Motion by Murgatroyd, seconded by Bolger, to approve the semi-annual distribution of Developer Donation Fees collected between January 1 , 1999 and June 30, 1999, as follows: ■ McHenry High School District 156 $1 19,1 12.35 ■ McHenry Elementary School District 15 $221 ,208.65 ■ McHenry Public Library District $ 26,615.00 ■ McHenry Township Fire Protection District $ 26,615.00 Total $393,551 .00 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. UPDATE ON THE VILLAGE OF McCULLOM LAKE SEWER PROJECT Doug Youman, Trustee for the Village of McCullom Lake, was in attendance. Trustee Youman stated a Committee to research the McCullom Lake Sewer Project was established approximately one year ago, in order to determine the feasibility of extending sanitary sewers to the Village of McCullom Lake from the McHenry City limits. Upon completion, study results including cost and potential funding options were presented to Village residents. Overwhelming support to proceed with the project was determined. He noted the Village is investigating financing options. Submission to the Illinois Environmental Protection Agency for a low interest $2.9 million grant as been completed. Trustee Youman informed Council revenue bonds will be sought to pay the City of McHenry for connection fees, extension of sewer mains and associated infrastructure improvements. Trustee Youman stated the Village is also seeking a Community Development Block Grant in the amount of $50,000 for Baxter and Woodman Engineering Fees as required for the Illinois Environmental Protection Agency grant. He stated, although the project is only at the investigative stage, it was the intent of the Village of McCullom Lake to keep the City of McHenry apprised of the status of the project. In response to an inquiry by Alderman Murgatroyd, Trustee Youman stated the IEPA grant would be valid for one year. The Village has until June of 2000 to obtain grant monies in the amount of $2.9 million. Council iterated their support of the project. Alderman Glab inquired as to the possible extension of sanitary sewer to other areas surrounding McCullom Lake. Mayor Cuda noted the proposed system will be oversized in order to accommodate, in the future, communities located to the west. Mayor Cuda, noting the presence of Mr. Bob Kirschner in the audience, asked Mr. Kirschner to provide an update regarding the McCullom Lake Clean Lakes Project, specifically addressing the algae growth. In response, Mr. Kirschner stated the bacteria levels were very safe. Thus far there have been no reported cases of swimmer's itch this year. The aeration system is in place and can be utilized during severe winter weather. He reported the Eurasian Milfoil weevil is keeping the nuisance water plants in check. Plantings have also been placed along the shoreline to prevent further erosion. Mr. Kirschner noted the fish population continues to increase. Algae counts have increased, due to a warm, light winter and nutrient sources, such as lawn fertilizer and septic seepage. Soils unsuitable for septic systems in this area have a negative impact on McCullom Lake. It is the goal of the Clean Lakes Program to institute a non-phosphorus fertilizer program this year. Mr. Kirschner noted Lakewood Subdivision will investigate the feasibility of connection to the sanitary sewer in conjunction with the Village of McCullom Lake's project. Mr. Kirschner stated there has been a steady increase in the horsepower of motors being using on McCullom Lake, in spite of the posted 7'/2 horsepower maximum. General discussion occurred regarding possible enforcement problems in connection with the maximum horsepower limitations. Mayor Cuda suggested the Parks and Recreation Page 6 7/28/99 Committee review the matter. Mayor Cuda and Council thanked Trustee Youman and Mr. Kirschner for their reports. TRANSFER OF CLASS A-24 LIQUOR LICENSE TO NEW AGE TM, INC. D/B/A THE CLUB VIPER, 3414 W. ROUTE 120 — Mayor Cuda informed Council a Liquor License transfer request was received from Mr. Anthony McCarty of New Age TM, Inc., who is purchasing Diversions, located at 2314 West Route 120. Mayor Cuda stated Mr. McCarty had submitted all appropriate paperwork and fees with regard to the transfer of No. A-24 Liquor License to New Age TM, Inc. d/b/a The Club Viper, located at 2314 W. Route 120. Mr. McCarty has been fingerprinted and has met with Liquor Commissioner Mayor Cuda. There will be no change in the local management of the facility. As Liquor Commissioner, Mayor Cuda is recommending Council approve the transfer of No. A-24 Liquor License from XLNC, Inc. d/b/a Diversions to New Age TM, Inc. d/b/a The Club Viper. In response to Council inquiry, Mr. McCarty stated he hopes to appeal to an older crowd. He intends to take control no later than Monday, August 2, 1999. Motion by McClatchey, seconded by Bolger, to accept Liquor Commissioner Mayor Cuda's recommendation and to grant the transfer of City of McHenry Liquor License No. A-24 from XLNC, Inc. d/b/a Diversions, Inc. to New Age TM, Inc. d/b/a The Club Viper, located at 2314 West Route 120. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. _ ANNEXATION, REZONING, AND VARIANCE REQUEST - HUNDRIESER, 3200 BULL VALLEY ROAD Mayor Cuda reported Attorney Mary Spiegel requested the Hundrieser Annexation, Rezoning and Variance Request be postponed until the next regularly scheduled Council Meeting, August 4, 1999. Council concurred with this request. ZONING MAP AMENDMENT - 402 NORTH FRONT STREET, MCHENRY COUNSELING CENTER BY LOWELL KIVLEY Applicant Lowell Kivley, owner of McHenry Counseling Center, located at 402 North Front Street, was in attendance. Mr. Kivley stated he appeared before the Zoning Board of Appeals and the City Council in 1993 seeking a use variance to allow a professional office on the property located at 402 North Front Street. Council approved the request. Mr. Kivley stated, at this time he is requesting 0-1 zoning be granted, in addition to a use variance to permit eight additional uses not identified as permitted uses in the 0-1 District. The eight uses specified are as follows: ■ Musical Instruments Sales and Repair ■ Business Machine Sales, Rental and Service ■ Computer Sales, Rental, and Service ■ Graphics and Drafting Services ■ Laboratories: medical, dental, research and testing ■ Office, Stationery or Art Supply Store ■ Research and Development Facilities ■ Studios for Artists, Musicians, and Photographers. Mr. Kivley stated if the use variance is granted, this would be the last time he would appear before Council with regard to the zoning of the subject property. He stated the American Red Cross, which occupies a portion of the building, intends to relocate in the summer of 2000. He is planning for potential rental of the space currently occupied by the American Red Cross. To that end, he is seeking a use variance to permit the specified eight uses be allowed on this site. Page 7 7/28/99 Alderman Glab opined he believes the rezoning to Z-1 is appropriate; however, he does not agree with the use variance request. Mayor Cuda suggested the Petitioner's attorney contact in writing the adjoining property owners regarding the proposed uses being requested. The Petitioner informed Council he had complied with this direction and each adjoining property owner had been duly notified. In response to Council inquiry, Mr. Kivley replied he has a tentative tenant whose use is musical instrument sales and repair. Mayor Cuda opined the variances requested _ beyond musical instrument sales and repair use are premature. Alderman Baird concurred. In response to Mayor Cuda's inquiry, Mr. Kivley stated there were no other tenants pending. General discussion followed regarding the requested use variance. It was the consensus of Council that the use variance to permit musical instrument sales and repair be granted but that the remaining seven uses be denied at this time. Mayor Cuda suggested the Petitioner amend the request to rezoning to 0-1 with a use variance to permit musical instrument sales and repair. Mr. Kivley concurred. In response to Council inquiry, Director of Community Development Napolitano stated adequate parking exists on the site. Limited space is available for parking expansion. Motion by Glab, seconded by McClatchey, to accept the unanimous recommendation of the Zoning Board of Appeals and to direct Staff to draft an ordinance granting the rezoning to 0-1 Local Office District and a Use Variance to permit Musical Instrument Sales and Repair, for the property located at 402 North Front Street. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: Murgatroyd. Absent: None. Motion carried. VARIANCE REQUEST TO FRONT BUILDING SETBACK — 6011 BARKLEY COURT, AMERICAN HERITAGE DEVELOPMENT CORP. Petitioner David Backhaus of American Heritage Development Corporation was in attendance. Mr. Backhaus stated an error occurred in staking out the building perimeters for the dwelling located at 6011 Barkley Court. The error was not discovered until after the foundation pour had occurred. Consequently, he is before Council seeking a variance to permit a minor encroachment in the front building setback. Final Occupancy is pending Council action. Mayor Cuda stated the only other time such an encroachment was brought before Council was by Green Valley Subdivision developers. At that time relief was granted through a variance permitted by Council. Motion by Bolger, seconded by Glab, to direct Staff to draft an ordinance granting a front yard setback variance from 30 feet to 27.9 feet, to American Heritage Development Corporation for the property located at 6011 Barkley Court. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Glab. Voting Nay: None. Absent: None. Motion carried. Alderman Baird cautioned the Petitioner to take precautions to assure other encroachments do not occur the future. AMENDMENT TO ANNEXATION AGREEMENT, ZONING MAP AMENTMENT, CONDITIONAL USE PERMIT AND VARIANCE — BUSCH-KNOX PROPERTY, WINDSOR DEVELOPMENT Mr. Stan Sumner, Windsor Development, and Attorney Thomas Zanck of Militello, Zanck and Coen, were in attendance. Attorney Zanck informed Council stated the Page 8 7/28/99 installation of sidewalks is as yet unresolved. Windsor Development is requesting Council grant a waiver regarding the installation of sidewalks. The suggestion is to place money in escrow in lieu of sidewalk installation. Attorney Zanck suggested $8,000 be set aside for the installation of sidewalks along this property, or for the landscaping of open space located between the Municipal Building and the Windsor Village Green Development. Attorney Zanck stated Windsor Development would also pay for landscaping design above and beyond the proposed $8,000 escrow. —. Alderman Murgatroyd supported the Petitioners' waiver request but recommended the monies be specifically earmarked for the installation of sidewalks anywhere within the City of McHenry corporate limits. Alderman McClatchey concurred. In response to Attorney Zanck's request for clarification, Staff explained the $8,000 fee would release for perpetuity the Petitioners obligation to install sidewalks along this property. Director of Community Development Napolitano suggested the following revisions be made to Page 4 of the Annexation Agreement: ■ Future Parking Area - add language permitting release of Letter of Credit if additional parking is not necessary; ■ Signs - add the sentence "Prior to installation, obtain necessary permits". Motion by Bolger, seconded by Glab, to pass an ordinance authorizing the Mayor and City Clerk's execution of the Second Amendment to the Busch-Knox Annexation Agreement between the City of McHenry and the Busch-Knox Trust No. 100, dated February 9, 1977, subject to the following revisions: ■ Page 4, Paragraph 13, add language "The Developers shall donate $8,000 in exchange for waiving in perpetuity the requirement that sidewalks be installed"; ■ Page 4, Paragraph 14, add language permitting release of Letter of Credit if City determines additional parking is not necessary; ■ Page 4, Paragraph 17, add language stating "Prior to installation of signs, obtain necessary permits". Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Bolger to pass an ordinance approving the Second Amendment to the Busch-Knox Annexation Agreement between the City of McHenry and the Busch-Knox Trust No. 100, dated February 9, 1977, as revised. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Bolger, to pass an ordinance granting the following: ■ A zoning map amendment from RS-2 Medium Density Single Family District to RM-1 Low-Density Multi-Family Residential; ■ A Conditional Use Permit under Group Home/Nursing Home for a 90-unit senior restricted condominium housing facility; ■ A variance to allow commercial uses for the exclusive use of the residents, employees, and their guests; ■ A variance to allow 80 parking spaces for a 90-unit facility. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 9 7/28/99 DISCUSSION: COMPREHENSIVE PLAN UPDATE Planning consultant Mr. Pete Pointner of Planning Resources, Inc. was in attendance. Mr. Pointner stated the Comprehensive Plan Update process began in Spring 1998. A Comprehensive Plan Steering Committee, comprised of advisory board representatives, community leaders, Staff and Council representatives was designated to review the existing Comprehensive Plan and to provide direction for the revised Plan. The Steering Committee has met monthly since June of 1998. The Comprehensive Plan currently before Council is a the result of many months of review by the Steering Committee. Council at its April 26, 1999 Public Hearing expressed the following concerns be addressed prior to the adoption of the revised Comprehensive Plan: ■ Provision should be made to protect the natural landscape; ■ Preserve the integrity of existing neighborhoods; ■ Assure equal distribution of land uses. In addition, public input was sought and provided at the Public Hearing held on April 26, 1999. The public comments included the following issues: ■ Land Area Proposed for Medium Density Housing_ The Comprehensive Plan identifies 11 .77 percent of the area within City limits for medium density housing. This is higher than the current percentage of existing land use. The criteria for locating medium density was in walking distance proximity of existing and proposed commuter rail stops and major employment or shopping concentrations. It was suggested the 11 .77 percent area designated for medium density housing be reduced to 10 percent. ■ Residential Street Standards. The concern is that pavement standards are excessive. The response is flexibility in standards is desired to allow for modifications to make the streets more attractive to new residents. ■ Low Density Residential Policy. The concern is that policy places all burdens for providing open space on the residential developers. It was suggested in large areas, the City could encourage low density, and try to protect environmental characteristics. An attempt to assure 15 percent open space in residential developments allows variety. ■ Balance Tax Base and Land Use. The concern expressed was the City assure a balanced tax base at full development of lands included in the Comprehensive Plan. The Steering Committee took a more direct approach in an effort to develop balance. Mr. Pointner stated the Committee looked at other communities of similar size for direction in proportioning land use in the fully developed community. It was pointed out the open space should be permanently dedicated with provisions made for perpetual management and maintenance. Additionally, acceptable uses of the open space may include gardens, organic or specialty farming, recreation, and others which are compatible with the open space character and enhancement of the nearby residential community. Mr. Pointner raised the issue of including an introduction to the text of the Comprehensive Plan addressing the City's standards on open space. He stated at least 15 percent of vacant lands should be set aside as designated open space. He stated he would - add language to assure designation of open space as directed by Council. Mr. Pointner noted the next step in the process is the formal adoption of the Plan by Council. Mayor Cuda asked if there was anyone in the audience wishing to comment on the Comprehensive Plan. No comments were given. Mayor Cuda and Council thanked Mr. Pointner for his report. It was the consensus of Council that the Comprehensive Plan be amended as follows: ■ Reduce Medium Density Housing Area; ■ Address the open space issue by inserting language identifying specific open Page 10 7/ 8/99 space requirements; ■ Include a footnote on the Plan noting the seven-year timeframe for the Dartmoor crossing on the Pacini Property. In response to Mayor Cuda's inquiry, Mr. Pointner stated the revised Plan should be completed within one week TREE PRESERVATION ORDINANCE City Clerk Althoff noted a letter of support from resident Nancy Porstner was --, received in the Clerk's Office and distributed to Council. Alderman McClatchey stated the Community Development Committee unanimously recommended support of the Tree Preservation Ordinance. In response to Alderman Murgatroyd's inquiry, Director of Community Development stated by the Judge's discretion, the ordinance minimum could be waived. There would typically be a negotiated plea. Discussion followed regarding court process and fee structure. Alderman Glab stated the fee structure appears to be antiquated. He suggested the fees be increased to the highest amount allowed by State Statute. Mayor Cuda opened the floor to audience questions and/or comments. Mark Rapata of 4516 Willow Lane addressed Council, stating an article in the Northwest Herald requested response from the community. He indicated an overwhelming support for passing the tree preservation ordinance. He suggested the fines be increased as recommended by Alderman Glab. Mr. Rapata stated excluding Willow, Poplar and Silver Maple trees from enforcement is undesirable as these trees make up the majority of tree types in the McHenry area. He also noted the stated diameters are too excessive to make the ordinance effective in the community. General discussion occurred regarding ordinance enforcement. Mr. Rapata inquired as to the wisdom of excluding owners of single family homes having less than two acres from complying with the ordinance. Mayor Cuda opined most property in McHenry would be exempt from complying with the ordinance. Alderman McClatchey suggested passing the ordinance subject to review within 90 days for possible amendment to include all City property. Motion by McClatchey, seconded by Glab, to pass an ordinance Amending Chapter 24 of the City of McHenry Municipal Code, creating a Tree Preservation Ordinance, subject to the following: ■ Review by Council within 90 days, for possible amendment to include all city properties; ■ Language correction on page 2, paragraph (c), adding "commercial"; ■ Incorporating language stating "fees shall be the highest amount allowed by State Statute". At the request of Council, City Clerk Althoff was directed to distribute a copy of _ the Algonquin Tree Preservation Ordinance in the Friday Agenda Packet. MAYOR STATEMENT AND REPORTS There was no Mayor Statement or Report COMMITTEE REPORTS There were no Committee Reports. Page 11 7/28/99 STAFF REPORTS Director of Public Works Batt reported the sewer crossing the first tee at the Country Club, found in conjunction with the Streets program on Green Street, has collapsed. It is a 12-inch sewer. The estimated cost to repair is approximately $72,000. Director Batt stated he will provide more information to Council in this week's Friday Report. Director Batt also reported Carl Moon of City Engineering consultants Baxter and Woodman, who was in attendance at the July 21 , 1999 Public Works Committee Meeting, submitted a proposal to conduct a study of the drainage conveyance system from Route 31 east to the Fox River along the "unnamed creek. This study would encompass drainage from Anne Street, Edgebrook School property and McHenry Country Club. The study would look at solutions, cost factors, time constraints, etc. In addition, the study would eventually encompass other problem areas. Motion by Bolger, seconded by Murgatroyd, to approve and authorize the Mayor's execution of an Engineering Services Agreement between the City of McHenry and City Engineering Consultants Baxter and Woodman, for a drainage study of the Anne Street, Edgebrook School and McHenry Country Club area, as presented, in an amount not-to- exceed $29,000. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Director of Parks and Recreation Merkel reported the Fiesta Days Parks and Recreation Programs were extremely successful. Chief of Police Kostecki, referencing his memo of July 21, 1999, requested Council authorize the removal of the door on the Police Department Photo Lab in order to create additional space for evidence storage and general materials. In conjunction, the door opening will be refinished and a small area of the floor will be re-tiled. All work will be done inhouse. Council concurred with his request. NEW BUSINESS Alderman McClatchey reported the Village of Johnsburg has accepted the Annual For The Children handcart race challenge to be held at Petersen Park. In response to his request, Aldermen Glab and Murgatroyd will participate on the City of McHenry cart, along with Alderman McClatchey and Mike Owsley of the City Garage. EXECUTIVE SESSION Motion by Glab, seconded by Murgatroyd, to go into Executive Session to discuss Personnel/Union Negotiations at 9:14 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:14 p.m. Alderman Bolger left the meeting at 9:15 p.m. Motion by McClatchey, seconded by Glab, to go back into Open Session at 10:10 p.m. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Bolger. Motion carried. Page 12 7/28/99 Council went back into Open Session at 10:10 p.m. ADJOURNMENT Motion by McClatchey, seconded by Baird, to adjourn the meeting at 10:1 1 p.m. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Bolger. Motion carried. The meeting was adjourned at 10:1 1 p.m. 61 `✓ � ��� - L Gam` MAYOR CITY CLERK