HomeMy WebLinkAboutMinutes - 06/02/1999 - City Council REGULAR MEETING
JUNE 2, 1999
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, June 2, 1999 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Baird. Absent: Murgatroyd. City Staff in attendance were: City
Administrator Lobaito, Deputy Clerk Kunzer, City Attorney McArdle, Director of
Community Development Napolitano, Director of Public Works Batt. Absent: City Clerk
Althoff, Director of Parks and Recreation Merkel, Acting Police Chief Erkenswick.
Mayor Cuda noted Alderman Murgatroyd and City Clerk Althoff were absent due
to high school graduations in their respective families.
TEN MINUTE PUBLIC INPUT SESSION
George Cadotte of 201 B Creekside Trail, a member of the City of McHenry Zoning
Board of Appeals addressed Council. Mr. Cadotte stated his support os the proposed
Border Agreement between the City of McHenry and the Village of Johnsburg. However,
he opined the City Council should keep the City of McHenry's best interests in mind as
discussions with Johnsburg continue.
CONSENT AGENDA
Motion by Baird, seconded by Bolger, to approve the Consent Agenda, as follows:
■ Resolutions: Recognizing retiring employees Gary Gough and William Oeffling;
■ Resolution: Supporting OSLAD Grant Application;
■ Park Picnic and Special Use Permits;
■ Approve: Partial Payment to J.J. Henderson, SWWTP Expansion -
$125,270.15;
■ As Needed Checks:
GENERAL FUND
KOZMAN INC VEHICLE REPAIRS 1,075.00
MCHENRY COUNTY CHIEFS OF LUNCHEON MEETING FEE 12.00
NWBOCA LUNCHEON MEETING FEE 24.00
SHEEHAN & LOWER P C MISC PAYMENT 27,333.34
EMPLOYEE INSURANCE FUND
HEALTH PLAN MANAGEMENT MAY 99 INSURANCE PREMIUM 12,770.82
POLICE PENSION FUND
ANTHONY A MILITANO POLICE PENSION PAYMENT 2,057.99
DANIEL A KING POLICE PENSION PAYMENT 913.33
DANIEL E KINNERK POLICE PENSION PAYMENT 2,470.23
DUANE R LANGE POLICE PENSION PAYMENT 1,416.61
GREGORY P BURG POLICE PENSION PAYMENT 2,602.24
HARRIS BANK FEDERAL TAX WITHHOLDINGS 2,461.43
JOHN R WEICHMANN POLICE PENSION PAYMENT 644.51
MARIANNE KRANZ POLICE PENSION PAYMENT 2,459.30
MCHENRY EMPLOYEE INSURAN POLICE PENSION W/H 1,849.00
MICHAEL OLIVER POLICE PENSION PAYMENT 2,572.16
PATRICK J JOYCE POLICE PENSION PAYMENT 3,750.74
RAMON GREGORIO JR POLICE PENSION PAYMENT 1,830.25
WATER/SEWER FUND
POSTMASTER MCHENRY IL POSTAGE FOR W/S BILLS 1,073.50
UNITED STATES LIFE INSUR LIFE INSURANCE PREMIUMS 121.50
BOND & INTEREST FUND
AMERICAN NATIONAL BANK & GO & REVENUE BONDS 620,737.50
GRAND TOTALS 688,175.45
FUND TOTALS
01 GENERAL FUND 28,444.34
19 EMPLOYEE INSURANCE FUND 12,770.82
36 POLICE PENSION FUND 25,027.79
51 WATER/SEWER FUND 1,195.00
52 BOND & INTEREST FUND 620,737.50
**** 688,175.45
■ Approve City Council Minutes:
■ May 12, 1999
■ May 19, 1999.
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June 2, 1999
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
POLICE COMMISSION 1998 ANNUAL REPORT
City of McHenry Police Commission Chairman Timothy Wirfs and Secretary
Marianna Wolfineyer were in attendance. Secretary Wolfineyer addressed Council stating
this is the first Police Commission Annual Report to be presented to Council. She noted
the following highlights from 1998:
■ Resignation of Darlene Lawler-Schlies replaced by appointment of Marianna
Wolfineyer as Secretary for the Commission;
■ Total revision and update of Police Commission Rules and Regularions, including
publication as required by law;
■ Entry Level Testing for Patrolmen which produced a candidate list of twelve for
patrol officer;
■ Lieutenant Promotion Testing;
■ Participation and graduation by Chairman Wirfs and Secretary Wolfineyer in the
Citizen's Police Academy;
■ Completion of Police Commissioner Certification by Chairman Wirfs, and
beginning of certification training by Commissioner Wolfineyer;
■ Commencement of Search and Interview process for new Chief of Police.
Alderman Baird commended the Commission for their commitment and service to
the community. In response to Council inquiry, Ms. Wolfineyer stated the functions of the
Police Commission by State Statute are as follows:
■ Hire;
■ Promote;
■ Fire; and
■ Discipline
officers of the McHenry Police Department. Ms. Wolfineyer noted the Commission
typically meets once each month.
In response to Mayor's Cuda's inquiry, Ms. Wolfineyer stated the timeframe from
advertisement to actual employment of new patrolmen following training at the State
Institute is approximately 4-6 months.
Council thanked the Commission for their Annual Report and, on behalf of the
residents of the City, commended Commission members for their hard work and
commitment.
RICKER SUBDIVISION: ORDINANCE AUTHORIZING EXECUTION OF ANNEXATION
AGREEMENT; ORDINANCE ANNEXING PROPERTY; ORDINANCE REZONING PROPERTY;
ORDINANCE APPROVING PRELIMINARY PLAT
Petitioner Gary Ricker was in attendance. City Administrator Lobaito reminded
Council the Public Hearing reference the annexation of the Ricker Property, located on the
west side of Green Street immediately south of the Knox Park entrance, was held on May _
12, 1999. The property is comprised of 2.69 acres. Mr. Ricker is proposing a four lot
subdivision. Staff was directed to draft ordinances providing for:
■ The execution of the Annexation Agreement;
■ The annexation of the subject property;
■ The reclassification of the property from A-1 County Agricultural to RS-2 Medium
Density Single Family Residential District; and
■ The approval of the Preliminary Plat of Ricker Subdivision.
City Administrator Lobaito noted the Annexation Agreement has been amended to
include language addressing Council safety concerns regarding the driveways of each of
the four lots. The driveways will be semi-circular to accommodate pull out ingress/egress
from each lot of Ricker Subdivision.
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June 2, 1999
Motion by McClatchey, seconded by Baird, to pass and approve an ordinance
authorizing the Mayor and City Clerk's execution of the Annexation Agreement among
Gary Ricker, Loridale Ricker and the City of McHenry, for the 2.69 acre Ricker Property
located on the west side of Green Street immediately south of Knox Park.
Voting Aye: Bolger, Glab, McClatchey, Baird, Cuda.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Motion by Bolger, seconded by Glab, to pass and approve an ordinance annexing
the Ricker Property comprised of 2.69 acres and located on the west side of Green Street
immediately south of Knox Park.
Voting Aye: Bolger, Glab, McClatchey, Baird, Cuda.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Motion by Glab, seconded by McClatchey, to accept the unanimous
recommendation of the Zoning Board of Appeals, and to pass and approve an ordinance
reclassifying the Ricker Property, located on the west side of Green Street immediately
south of Knox Park, from A-1 County Agricultural to RS-2 Medium High Density Single
Family Residential Zoning District.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of
the Plan Commission, and to pass and approve an ordinance approving the Preliminary Plat
of Ricker Subdivision, as prepared by Rooney Consultants, dated 6/1/98, with a revision
date of 10/26/98.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carrield.
CONDITIONAL USE PERMIT - SUNNYSIDE DODGE - 4807 WEST ELM STREET
Petitioner Robert Diedrich of Sunnyside Dodge and Attorney Mary Speigel of
Diamond, LeSueur and Associates were in attendance. Director of Community
Development Napolitano explained Sunnyside Dodge is seeking approval of a Conditional
Use in order to expand their Open Sales Lot on the south side of Route 120. The subject
property, located at 4807 West Elm Street, is zoned C-5, and is not improved with
buildings or pavement at this time. Sunnyside Dodge is currently using this property as
an open sales lot. Director Napolitano noted the Zoning Board of Appeals heard this
Petition on May 3, 1999 and recommended approval of the Conditional Use subject to the
following conditions:
■ Fencing shall be installed on the east property line including a split rail fence from the
northeast corner of the property to the front building line; and a stockade fence from
the front building line to the southeast corner of the property;
■ Directional "Customer Parking" sign(s) shall be posted at the Route 120 entrance to
the dealership on the south side of Route 120;
■ A minimum of five customer parking spaces shall be provided and available for
customer use at all times, on the Sunnyside Dodge property located on the south side
of Route 120;
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June 2, 1999
■ A stockade fence shall be installed along the south property line within 45 days
following notice by the City of McHenry, weather permitting, if required to meet the
"residential screening" requirements of the Zoning Ordinance.
Director Napolitano stated Staff is not recommending the installation of a privacy
fence along the south property line as the adjacent residents have constructed fences
along their north property lines. He opined a second fence would not be necessary. If or
when any of the residents remove their fence, the Petitioner would be required to install
a privacy fence within 45 days of notification to that affect. Some discussion occurred
regarding the concerns of abutting property owner to the east, Mrs. Burrafato.
Alderman Bolger stated no privacy fence is located between the Burrafato property
and the strip mail to the east of the Burrafato property. He opined no fence should be
required between the Sunnyside Dodge property and the Burrafato property.
In response to an inquiry from Alderman Glab, Director of Public Works Batt stated
the right-of-way to the south of the subject property is an alley reserved for public
utilities. Some discussion followed regarding the drainage from the subject property.
Director Napolitano responded parking lot drainage would be addressed at the time of
building permit issuance.
Alderman Glab requested parked vehicles be setback 2-3 feet from the sidewalk to
improve aesthetics along State Route 120.
Mayor Cuda asked Mrs. Burrafato, who was in attendance, if she was satisfied her
concerns had been addressed. Mrs. Burrafato asked Council to consider permitting a split
rail fence high enough to discourage browsers from cutting through her front yard to
inspect vehicles on the Sunnyside Dodge open sales lot. Director Napolitano stated he --
would work with the Petitioners to assure a maximum height split rail fence as permitted
by ordinance (42 inches).
Motion by Bolger, seconded by Baird, to direct Staff to draft an ordinance
approving the granting of a conditional use permit to allow an open sales lot for the
property located at 4807 West Elm Street, subject to the following conditions:
■ Fencing shall be installed on the east property line including a split rail fence from the
northeast corner of the property to the front building line; and a stockade fence from
the front building line to the southeast corner of the property;
■ Directional "Customer Parking" sign(s) shall be posted at the Route 120 entrance to
the dealership on the south side of Route 120;
■ A minimum of five customer parking spaces shall be provided and available for
customer use on the Sunnyside Dodge property located on the south side of Route
120 at all times;
■ A stockade fence shall be installed along the south property line within 45 days
following notice by the City of McHenry, weather permitting, if required to meet the
"residential screening" requirements of the Zoning Ordinance.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
ENGINEERING CONTRACT WITH BAXTER AND WOODMAN — WATER CAPITAL
DEVELOPMENT FEE ANALYSIS - $5,000
Carl Moon of Baxter and Woodman was in attendance. City Administrator Lobaito
advised Council Capital Development Fee schedules were last reviewed in 1997. At that
time, there was no justification for raising the Water Capital Development Fees. Sewer
Capital Development Fees were raised in 1997, however, it was decided not to raise
Water Capital Development Fees at this time. City Administrator Lobaito stated City
engineering consultants Baxter and Woodman are recommending a new method for
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June 2, 1999
calculating fees. He noted the City's Water Sewer Master Plan defines future capital
projects. It is Staff's recommendation to review again the possibility of increasing the
Water Capital Development Fees He opined Water Capital Development Fees are not
currently keeping pace with development projects. Staff is requesting authorization to
execute an Engineering Agreement with Baxter and Woodman for the purpose of
reviewing Water Capital Development Fees, in an amount not-to-exceed $5,000.
Alderman Bolger opined Capital Developed Fees were reviewed in 1997 and need
not be reviewed at this time. Mayor Cuda stated, with all of the proposed development,
additional funds are needed to pay for infrastructure expansion to accommodate the
growth. In response to an inquiry from Alderman Glab, City Administrator Lobaito stated
a study and review of current Capital Development Fees would substantiate any increase
recommended following the completion of the review.
In response to an inquiry from Alderman McClatchey, City Administrator Lobaito
explained Capital Development Fees are assessed at the time a building permit is issued.
The fees are utilized to replace the use of existing infrastructure capacity. Capital
Development Fees are not based on usage.
Alderman Glab inquired if the increase in Capital Development Fees would impact
existing building projects. City Administrator Lobaito responded all developers would be
provided with notification 90-120 days prior to the effective date of the increase. He
noted the City of McHenry Capital Development Fees are approximately $1 ,400 for a 3-
bedroom home. Several surrounding communities charge in excess of $3,000 Capital
Development Fees for the same size home.
Motion by Baird, seconded by McClatchey, to authorize the Mayor's execution of
an Engineering Services Agreement between the City of McHenry and Baxter and
Woodman for the purpose of reviewing the City's Water Capital Development Fee
structure, in an amount not-to-exceed $5,000.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
ORDINANCE AUTHORIZING SALE OF SURPLUS PROPERTY — VEHICLE #121
Director of Public Works Batt stated fleet vehicle #121 was recently in a car
accident. Quotations were received from three local firms for the removal and purchase
of the remainder of the vehicle. The best quote was received from Nelson Auto Body in
the amount of $1 ,000. Staff is recommending Council pass and approve an ordinance
authorizing the sale of surplus property, vehicle #121 , to Nelson Auto Body for the
purchase price of $1 ,000.
Motion by McClatchey, seconded by Baird, to pass and approve an ordinance
authorizing the sale of surplus municipal property, vehicle #121 , to Nelson Auto Body for
the purchase price of $1 ,000.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
MAYOR'S STATEMENT AND REPORTS
Mayor Cuda reported he and Alderman Murgatroyd are scheduling a meeting for
Council to discuss and review potential Capital Development Projects for the 1999-2000
Fiscal Year. The meeting will take place some time in July.
Mayor Cuda, referencing his memo of May 28, 1999, stated his intent to appoint
Gretchen Thomas to the City's Landmark Commission to fill the vacancy created by the
resignation of Jim Doran. Ms. Thomas appointment would be effective immediately, and
would expire April 30, 2001 .
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June 2, 1999
Motion by Baird, seconded by Bolger, to approve the Mayoral appointment of
Gretchen Thomas to the Landmark Commission with a term expiring April 30, 2001 .
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd. --.
Motion carried.
COMMITTEE REPORTS
Community Development Committee Chairman Alderman McClatchey reminded
Council of the Community Development Committee Meeting scheduled for Thursday, June
3, 1999 at 7:00 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
Director of Community Development Napolitano reported Mr. Peter Pointner of
Planning Resources is completing the latest revisions to the Comprehensive Plan Update
based on Council and Public Input following the Public Hearing of April 26, 1999. A memo
indicating the latest revisions will be distributed in Friday's Agenda Packet. A brief
synopsis of comments received from the Public since the Public Hearing will also be
included in Friday's Packet. Director Napolitano informed Council final action regarding the
Comprehensive Plan Update will be scheduled in the near future.
Director of Public Works Batt noted Council at its May 19, 1999 regularly
scheduled meeting, postponed action regarding the City's LUST Program for the City's
Garage at 105 North Green Street. Director Batt stated he has met with Baxter and
Woodman, the City's consulting engineers. The City has been advised to hold off any
further remedial action until reimbursement funding has been received from the EPA's
LUST Fund. The City has expended in excess of $80,000 thus far on the project. To date
no remuneration has been forthcoming.
City Administrator Lobaito reported he and the Mayor had been contacted by
Gerstad Builders regarding payment of two street cleaning invoices. Mr. Donald Gerstad
believes the invoice amounts are excessive. Mayor Cuda informed Council the contractor's
invoices have been paid and the City is seeking reimbursement from Gerstad Builders.
Some discussion occurred. It was the consensus of Council to require all City streets to
be cleaned by developers no later than 5 p.m. on Friday afternoons.
Motion by McClatchey, seconded by Baird, to requirement payment in full of
Invoice No. SC98-02 in the amount of $3,815.28 and Invoice No. SC98-03 in the amount
of $3,235.85, by Gerstad Builders, Inc., no later than 5 p.m. on Friday, July 2, 1999.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
City Administrator Lobaito noted there will be an Executive Session for Personnel
Issues.
NEW BUSINESS
Alderman Glab stated he would like to address the newest revision to the Village
of Johnsburg/City of McHenry Border Agreement which was provided to Council this
evening. He opined the City of McHenry has made concerted efforts to come to a
consensus with the Village of Johnsburg on the Border Agreement. He noted the Village
of Johnsburg needs the Border Agreement to be ratified in order acquire a Facility Plan
Area (FPA) Amendment.
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June 2, 1999
Mayor Cuda pointed out there were very few substantive changes to the Border
Agreement which is currently before Council for review. He was of the opinion the
document should be as brief as possible. To that end, he asked that the preamble and
opening paragraphs be removed.
Alderman Glab stated he would approve the Village of Johnsburg/City of McHenry
Border Agreement if it were substantially identical to the Village of Ringwood/City of
McHenry Border Agreement.
Alderman Baird opined Staff needs to scrutinize the document received from
Northeastern Illinois Planning Commission which advises of Johnsburg's requested
amendment to the Illinois Water Quality Management Plan and scheduled consideration
by NIPC's Water Resources Committee. He noted Staff should assure there are no
conflicts between the proposed FPA amendment and the currently revised Border
Agreement.
Mayor Cuda stated the current Village of Johnsburg/City of McHenry Border
Agreement is basically identical to the one presented to the City in the Summer of 1998.
He opined the Council must ascertain if the Agreement will serve the City of McHenry
well. Mayor Cuda stated the Village of Johnsburg is scheduling a Special Meeting next
week to discuss the proposed Border Agreement.
EXECUTIVE SESSION
Motion by Bolger, seconded by Glab to go into Executive Session to discuss
Personnel Issues at 8:34 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Council went into Executive Session at 8:34 p.m.
Motion by Glab, seconded by Baird, to go back into Open Session at 9:36 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Council went back into Open Session at 9:36 p.m.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:37 p.m.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
The meeting was adjourned at 9:37 p.m.
MAYOR DEPUTY CLERK