HomeMy WebLinkAboutMinutes - 05/12/1999 - City Council REGULAR MEETING
MAY 12, 1999
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, May 12, 1999 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Murgatroyd. Alderman Baird arrived at 7:40 p.m. Absent: None. City Staff
in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle,
Acting Chief of Police Erkenswick, Director of Public Works Batt, Director of Community
Development Napolitano, Director of Parks and Recreation Merkel. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
Donald Milbratz of 3816 Main Street addressed Council expressing concern with
the limited afternoon scheduling of the PACE bus service. He noted three buses were
available between 10:00 a.m. and 2:00 p.m. and only one bus is available between 4:00
p.m. and 6:00 p.m. He also expressed concern with the City sidewalk curbing, noting he
is confined to a wheelchair and finds navigating City street's difficult. In addition, the
topography of State Route 120 sidewalks and the presence of rocks and stones create
safety concerns.
Mayor Cuda suggested City Inspector Marcinko meet with Mr.Milbratz and address
his concerns.
Alderman Baird arrived at 7:40 p.m.
PRESENTATION: RESOLUTIONS HONORING RETIRED BOARD/COMMISSION MEMBERS
Mayor Cuda presented retiring Zoning Board Vice Chairman Chuck Lovett and
Landmark Commission Member James Doran with a resolution commending them for their
community service and thanking them for their support.
PUBLIC HEARING: ANNEXATION, REZONING PRELIMINARY PLAT APPROVAL RICKER
SUBDIVISION
Mayor Cuda opened the Public Hearing on the Ricker Subdivision Annexation,
Rezoning and Preliminary Plat Approval at 7:45 p.m. The subject property is located on
the west side of Green Street immediately south of the entrance to Knox Park Pool, is
vacant, unincorporated, zoned A-1 Agricultural, and is approximately 2.5 acres in size.
The Petitioner, Mr. Gary Ricker, is requesting zoning reclassification from A-1
County Agricultural to RS-2 Medium High Density Single Family Residential upon
annexation to the City of McHenry. Mr. Ricker is also requesting subdivision of the
property into four lots. The proposed Annexation Agreement includes all the standard
provisions and developer donations required by the City of McHenry, as well as approval
of the requested zoning reclassification to RS-2 Medium High Density Single Family
Residential, and approval of the Preliminary Plat subdividing the 2.5 acre property into four
lots. The Agreement also addresses safety concerns raised by the Zoning Board of
Appeals, specifically limited vision clearance accessing Green Street. The Agreement
requires the installation of a turn-around type driveway on all four lots. The Agreement
also waives water connection and Capital Development Fees for one lot. The City agreed
to this waiver in 1991 in exchange for a ten-foot easement for a water main extension
across Mr. Ricker's property.
The Plan Commission at its September 3, 1998 meeting unanimously recommended
approval of the Preliminary Plat dated June 1 , 1998 with a revision date of August 19,
1998, subject to the following conditions:
■ Amending the Plat to include the zoning classifications of adjacent parcels; and
■ Relabel the 50-foot right-of-way dedication.
The Zoning Board of Appeals at its April 19, 1999 public hearing, unanimously
recommended zoning reclassification from A-1 County Agricultural to RS-2 medium High
Density Single Family Residential, upon annexation to the City of McHenry. City Attorney
McArdle informed Council the Petitioner, Mr. Ricker, is also requesting a Recapture Fee
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May 12, 1999
clause be incorporated into the proposed Annexation Agreement. He explained the
Recapture language would permit reimbursement to Mr. Ricker for any public improvement
he develops, installs, and/or constructs, specifically, oversized sanitary sewer lines. Some
discussion followed regarding the development of a City recreational facility and its
relationship to the proposed Recapture language. Mr. Ricker, at Council's request, agreed
to exclude the City of McHenry from any Recapture associated with his property.
In response to Alderman Glab's inquiry regarding the semi-circular drives, Attorney
Spiegel noted the Preliminary Plat has not yet been amended to include the semi-circular
drive requirement, including its specific location on Lots 3 and 4. Some discussion
followed.
Mr. Ricker noted the Preliminary Plat and Final Plat will be amended to include
language regarding the installation and location of semi-circular drives on all four lots.
Further discussion occurred regarding the thirty-foot setback requirement. In response to
Alderman Glab's concerns, Staff noted setbacks further than thirty feet were permitted.
In addition, it was noted sidewalks have already been installed along the Green Street
frontage of all four lots.
Mayor Cuda opened the floor to public comment. No comment was forthcoming.
In response to Mayor Cuda's inquiry, City Clerk Althoff noted no written or verbal
comment had been received by the City Clerk's Office regarding the Ricker Annexation,
zoning reclassification, and subdivision.
Motion by Glab, seconded by Murgatroyd, to close the Public Hearing at 7:55 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Baird, seconded by Glab, to direct Staff to draft the appropriate
ordinances as follows:
■ Authorizing approval of the Ricker Annexation Agreement, subject to the inclusion
of Recapture Fee Language;
■ Authorizing the Annexation of the 2.5 acre Ricker Property located on the west
side of Green Street, immediately south of the entrance to Knox Park Pool;
■ Authorizing the reclassification of the subject property from A-1 County Agricultural
to RS-2 Medium High Density Single Family Residential;
■ Approving the Ricker Subdivision Preliminary Plat dated June 1 , 1998 with a
revision date of October 26, 1998, subject to the inclusion of semi-circular
driveway installation and location designated on the Preliminary and Final Plats.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA
Motion by McClatchey, seconded by Murgatroyd, to approve the Consent Agenda,
as follows:
■ Semi-Annual Interest Payment, General Obligation bonds - $58,966.88;
■ Ordinance Amending Chapter 13, Traffic and Motor Vehicles and Chapter 16,
Municipal Code - Skateboarding;
■ As Needed Checks for Approval:
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May 12, 1999
GENERAL FUND
CITY OF MCHENRY 690.00
DAN ELLICSEN 250.00
DANA REXFORD 100.00
HOME STATE BANK 500,000.00
MCHENRY COUNTY RECORDER 140.00
MOLLY WILSON 150.00
NORTHWEST HERALD 444.68
POSTMASTER MCHENRY IL 1,942.56
QUALITY GRAPHICS 4,322.00
SHELLY TROST 39.30
BAND FUND
RECORDING INDUSTRIES MUS 670.00
ANNEXATION FUND
HOME STATE BANK 200,000.00
DEVELOPMENTAL ESCROW
FIRST MIDWEST BANK 200,000.00
EMPLOYEE INSURANCE FUND
HEALTH PLAN MANAGEMENT 13,670.82
POLICE PENSION FUND
ANTHONY A MILITANO 2,057.99
DANIEL A KING 913.33
DANIEL E KINNERK 2,470.23
DUANE R LANGE 1,416.61
GREGORY P BURG 2,602.24
HARRIS BANK 2,461.43
JOHN R WEICHMANN 644.51
MARIANNE KRANZ 2,459.30
MCHENRY EMPLOYEE INSURAN 1,849.00
MICHAEL OLIVER 2,572.16
PATRICK J JOYCE 3,750.74
RAMON GREGORIO JR 1,830.25
WATER/SEWER FUND
COUNTRY CLUB ESTATES 37,361.33
FIRST MIDWEST BANK 100,000.00
POSTMASTER MCHENRY IL 27.84
CAPITAL DEVELOPMENT FUND
FIRST MIDWEST BANK 315,000.00
COUNTRY CLUB ESTATES ASSESSMENT
FIRST NAT'L BANK OF MCH 37,361.33
GRAND TOTALS 1,437,197.65
FUND TOTALS
01 GENERAL FUND 508,078.54
05 BAND FUND 670.00
13 ANNEXATION FUND 200,000.00
15 DEVELOPMENTAL ESCROW 200,000.00
19 EMPLOYEE INSURANCE FUND 13,670.82
36 POLICE PENSION FUND 25,027.79
51 WATER/SEWER FUND 137,389.17
55 CAPITAL DEVELOPMENT FUND 315,000.00
56 COUNTRY CLUB ESTATES ASSESSMENT 37,361.33
**** 1,437,197.65
■ Approve City Council Minutes:
■ April 28, 1999 - Annual Meeting.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVAL OF FISCAL YEAR 1999-2000 BUDGET
City Administrator Lobaito noted an error in the Water/Sewer beginning balance.
The fund balance is $765,725, not $1 .3 million. The correction had no effect on the
proposed revenues and expenditures for Fiscal Year 1999-2000. City Administrator
Lobaito stated the $765,725 beginning balance is approximately $100,000 over the
1998-1999 beginning balance. City Administrator Lobaito noted the 1999-2000 Budget
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May 12, 1999
totals $20,412,872 compared to the 1998-1999 Budget of $20,140,799. The increase
in the 1999-2000 Budget is attributable to non-recurring Capital Improvement Projects.
The Budget also reflects a $500,000 transfer from the General Fund to the Motor Fuel
Tax Fund, which will facilitate the initiation of a $1 .5 million Street Program. The 1999
proposed Street Program will be bid and awarded in June, with a July start date. A
$600,000 expense has also been budgeted for the construction and installation of a State
Route 31 and Shamrock Lane traffic signal and State Route 31 lane improvements from
Bull Valley Road south to Shamrock Lane. Although a Special Service Area, State funding,
and a private donation, will help offset this expense, it is anticipated the City's share will
be $220,000. An $18,000 expenditure has been budgeted in the Public Works
Department for the engineering of Main Street Revitalization improvements. The City has
made applications through the Tea-21 Program for Main Street Revitalization funding
assistance. The application delayed the start of the Main Street Revitalization Project until
Spring 2000.
City Administrator Lobaito noted the first of a three-year water/sewer rate increase
program was completed in February 1999, while the 1998-1999 Budget reflected a deficit
spending amount of $468,000, the 1999-2000 Budget deficit spending amount is only
$200,000. The Capital Development fund includes monies for the extension of water
service east of the Fox River. In addition, the Water Fund includes a $75,000 line item for
the engineering of the water extension east of the Fox River. An additional $75,000 has
also been budgeted to engineer an elevated water storage tank to be located on the east
side of the Fox River.
The 1999-2000 Budget includes five additional personnel positions. They include:
■ Two Police Officers;
■ One Streets Division employee;
■ One Parks Maintenance employee;
■ One Building and Grounds employee.
A 4% salary increase for all non-contracted employees is budgeted.
In response to Alderman Bolger's inquiry, City Administrator Lobaito noted Anne
Street Drainage improvements are included as part of normal maintenance costs.
Motion by Baird, seconded by McClatchey, to approve the $20,412,872 1999-
2000 Budget as presented.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
L.U.S.T. REMEDIATION PLAN - PUBLIC WORKS GARAGE
Director of Public Works Batt requested the L.U.S.T Remediation Plan be removed
from this evening's Agenda. Council concurred.
Alderman Bolger expressed his concern with the $25,000 cost.
PARKS AND RECREATION MAINTENANCE WORKER - AUTHORIZATION TO HIRE
Director of Parks and Recreation Merkel noted the 1999-2000 Budget includes
monies for an additional Park Maintenance Employee. He cited the need to hire an
additional maintenance employee as soon as possible as the busy spring/summer season
is well underway. The position would be advertised immediately internally as well as in
the local newspaper and Cable television. The application deadline will be May 26, 1999
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May 12, 1999
Motion by Baird, seconded by Bolger, to authorize the advertisement for one Park
Maintenance Employee at Grade 6, with a starting salary of $26,587 with an application
deadline of May 26, 1999.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
AMENDMENTS TO ZONING ORDINANCE CHAPTER X
Director of Community Development Napolitano reminded Council Staff was
directed to review and recommend an amendment to the Zoning Ordinance permitted
residential swimming pools in the side yards of larger single family lots without requiring
a variance. This direction was in response to Mr. Drake's request for a variance at the
October 21 , 1998 regularly scheduled Council Meeting. In addition, Staff was directed to
review and recommend an amendment to the Zoning Ordinance increasing the maximum
permitted area for detached garages and cumulative area for all accessory structures on
a residential lot, and to replace the 35% rear yard lot coverage limitation for single family
zoning districts, with a total lot coverage limitation. This direction was in response to the
variance requested by Michael Palmer at the December 14, 1998 regularly scheduled
Council Meeting. The Zoning Board of Appeals reviewed the proposed amendments at its
March 15, 1999 Public Hearing. Staff submitted the following language for inclusion in
Chapter X Accessory Uses, Yards and Fences, Section A:
Swimming Pools
"A private swimming pool shall be located in a rear yard except that on a single
family lot having a lot area of 30,000 square feet or more, a private swimming pool may
be located between the principal building and an interior side lot line in accordance with
the following conditions:
a) The swimming pool shall be located behind the front and corner side yard
building line; and
b) The swimming pool shall be set back a minimum of eight (8) feet from the
interior side property line, or the required side yard setback for the district
in which it is located, whichever is greater."
Table 19 will also be amended to add an asterisk after "swimming pools, private".
Detached Garages
The following paragraph is suggested for inclusion in Chapter 10, Accessory Uses,
Yards and Fences, Table 20, Standards for Accessory Structures:
"Maximum area of a detached garage 1 ,000 sq.ft.
Maximum area for all accessory structures 1 ,000 sq.ft."
The Zoning Board of Appeals unanimously approved these recommendations. The
language presented by Staff implementing a total lot coverage limitation for single family
zoning districts and deleting the current 35% rear yard lot coverage limitation, was not
approved by the Zoning Board of Appeals. The Zoning Board of Appeals expressed
concern that the proposed lot coverage was not significantly different from the current
limitations based on the 35% rear yard coverage limitations. Staff therefore will reevaluate
the proposed amendment and present new language for the Zoning Board of Appeals
consideration. Some discussion followed regarding side lot pools, vision sight lines, and
safety issues.
City Administrator Lobaito noted the City of McHenry's current Building Code is
very restrictive and addresses safety issues. Council suggested Staff investigate the
desirability of requiring motion detection devices in all swimming pools.
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May 12, 1999
Motion by Murgatroyd, seconded by McClatchey, to accept the unanimous
recommendation of the Zoning Board of Appeals, and to direct Staff to
■ Draft an ordinance amending the text of the City of McHenry Zoning Ordinance,
Chapter X, Accessory Uses, Section A, permitting the construction of residential
swimming pools in the area located between the principal structure on a lot and the ._..
interior side property line subject to specified conditions as presented; and
■ Draft an ordinance amending the text of the City of McHenry Zoning Ordinance, Table
20, Standards for Accessory Structures, increasing the maximum area of a detached
garage to 1 ,000 square feet and increasing the maximum accumulative area for all
accessory structures to 1 ,000 square feet.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
1999 STREETS PROGRAM
Director of Public Works Batt presented the 1999 Streets Program as recommended
by the Public Works Committee at its March 11 , 1999 meeting. The total estimated cost
by City Engineers Baxter and Woodman is $1 ,637,330. Director Batt noted to facilitate
a June, 1999 contract award, immediate bid advertisement is necessary.
In response to Council inquiry, Director Batt stated the 1999 Streets Program can
be reduced depending upon project costs. Staff projects a $1 .3million program as original
project estimates of $1 .5 million included engineering costs.
Motion by Murgatroyd, seconded by McClatchey, to authorize the advertisement
of the 1999 Streets Program as presented.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Bolger expressed his disappointment that the west end of John Street
was not included in the 1999 Streets Program proposal.
MAYOR'S STATEMENT AND REPORTS
Mayor Cuda reported the AdHoc Committee addressing the proposed Border
Agreement with the Village of Johnsburg had met with Village of Johnsburg
representatives prior to this evening's Council Meeting. A tentative agreement has been
reached for full Council review and approval. Respective Administrators and Attorneys will
be developing a proposed Border Agreement and map attachment. Information will be
provided Council in Friday's Agenda Packet.
COMMITTEE REPORTS
Finance Committee Chairman Alderman Murgatroyd scheduled a Finance
Committee Meeting for Wednesday, May 19, 1999 at 7:00 p.m. in the Aldermen's
Conference Room to consider Mr. Clegg's request for financing of his Statue in the Square
Project. He noted the Finance Committee would be addressing several issues in the near
future, including the Personnel Policy, the Parks Donation formula, Water Capital
Development Fees, Personnel Issues and Organizational Restructuring, and the prioritizing
of Capital Development Projects. Some discussion followed. It was the consensus of
Council to address the prioritization of Capital Development Projects at a Council
Workshop meeting.
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May 12, 1999
STAFF REPORTS
Director of Community Development Napolitano, referencing his memo of May 14,
1999, reported he is in receipt of correspondence from the McHenry County Economic
Development Committee who has initiated an Agreement among all communities having
property along Route 31 . The Agreement provides that the communities and IDOT work
together to determine and limit access points for new development on Route 31 . The
Agreement also would provide access control standards to be considered when reviewing
new access points onto route 31 . The McHenry County EDC is seeking approval and
adoption of this Agreement by all municipalities abutting Route 31 . Director Napolitano
asked Council to review the Agreement and provide comments.
Director of Public Works Batt reported Water Superintendent Gary Gough had
submitted his retirement notification. Director Batt noted Gary Gough has been a City
employee since 1978, and Water Superintendent since 1987. Director Batt thanked Mr.
Gough for his devoted years of service and informed Council Staff would be advertising
internally to fill this position.
City Administrator Lobaito, referencing his May 7, 1999 memo, reported a copy of
the Beach Drive survey letter and map attachment had been provided for Council review.
As per Council direction, a letter had been drafted to survey McHenry Shores Subdivision
residents in an attempt to ascertain the support for reopening Beach Drive. Alderman Baird
requested an "Undecided" selection be provided as part of the survey response. Alderman
Glab stated his support of the proposed survey, and requested a similar written survey be
developed for residents adjacent to Dartmoor Drive regarding the extension of Dartmoor
Drive east to Route 31 .
In response to Alderman Baird's request, Staff agreed to provide additional police
patrols in the area of Hilltop and Biscayne.
City Clerk Althoff reminded Council of the Public Works Open House, Sunday, May
16th from 1 :00 p.m. to 4:00 p.m., and the Miller Riverfront Park/Miller Road/ and Earl
Walsh Bridge Dedication on Sunday, May 161h at 2:00 p.m. In addition, she reported
vehicle stickers would be available for sale at the yard waste drop-off site on Saturday,
May 15th from 8:00 a.m. to 10:00 a.m.
NEW BUSINESS
Alderman Bolger expresses his pleasure with the tentative border agreement with
the Village of Johnsburg.
Alderman Murgatroyd requested a copy of the City of McHenry/Village of Ringwood
Border Agreement be provided along with the proposed City of McHenry/Village of
Johnsburg Border Agreement in Friday's Agenda Packet.
Alderman McClatchey requested Staff investigate several complaints regarding
excessive occupancy of single family homes. Some discussion followed. Council directed
Staff to investigate and review current City Ordinance regarding "Family" definition
restrictions and standards as stated in the City of McHenry Zoning Ordinance. Staff
concurred.
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May 12, 1999
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:35 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:35 p.m.
CITY CLERK MAYOR