HomeMy WebLinkAboutMinutes - 04/07/1999 - City Council REGULAR MEETING
APRIL 7, 1999
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, April 7, 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, Acting Chief of Police
Erkenswick, Director of Public Works Batt, Director of Parks and Recreation Merkel.
Absent: Director of Community Development Napolitano.
TEN MINUTE PUBLIC INPUT SESSION
Jerry Cordrey of 2509 North Villa Lane and a member of the Fox Waterway
Advisory Board, addressed Council requesting their endorsement by resolution of the Fox
Waterway Agency's boat engine noise ordinance, limiting boat engine noise on the Chain
of Lakes waterways. Mr. Cordrey distributed copies of the ordinance for Council reivew.
He requested Council consider this issue further under New Business.
CONSENT AGENDA
Motion by Bolger, seconded by Glab, to approve the Consent Agenda as follows:
■ Special Event Liquor License - McHenry Area Chamber of Commerce;
■ Resolution for 1999 Street Program Engineering Contract - Baxter and
Woodman, $75,000;
■ Public Works Cab Assembly Purchase for Snowplow Truck - Freund
International, $6,095;
■ Approval of As-Needed Checks:
GENERAL FUND
AMERICAN CANCER SOCIETY MEMORIAL DONATION 30.00
JAMES MCINERNEY MEMORIAL DONATION 30.00
�... MCHENRY COUNTRY CLUB CHIEFS RETIREMENT DINNER 5, 924 . 80
MCHENRY COUNTY HEALTH FU C-CONCESSION FOOD PERMIT 65.00
MCHENRY COUNTY RECORDER RECORDING FEES 46.00
PAYROLL ACCOUNT PAYROLL TRANSFER 12, 000.00
RIVERSIDE BAKE SHOP CHIEFS RETIREMENT CAKE 101. 10
THELEN SAND & GRAVEL INC LAKELAND PARK DRAINAGE 97, 467.57
EMPLOYEE INSURANCE
INSURANCE CLAIMS ACCOUNT INSURANCE CLAIMS TRANSF. 17, 924 . 86
POLICE PENSION FUND
ANTHONY A MILITANO POLICE PENSION PAYMENT 2, 057. 99
DANIEL A KING POLICE PENSIO PAYMENT 913.33
DANIEL E KINNERK POLICE PENSION PAYMENT 2, 557.23
DUANE R LANGE POLICE PENSIO PAYMENT 1, 416. 61
EMPLOYEE INSURANCE PENSION INSURANCE W/H 1, 675.00
GREGORY P BURG POLICE PENSION PAYMENT 2, 602.24
HARRIS BANK PENSION PYMT TAX W/H 1, 918. 00
JOHN R WEICHMANN POLICE PENSION PAYMENT 644 .51
MARIANNE KRANZ POLICE PENSION PAYMENT 2, 459.30
MICHAEL OLIVER POLICE PENSION PAYMENT 2, 572. 16
PATRICK J JOYCE POLICE PENSION PAYMENT 1, 524 .35
RAMON GREGORIO JR POLICE PENSION PAYMENT 1, 917.25
WATER SEWER FUND
GENERAL FUND PAYROLL TRANSFER 24, 936. 97
POSTMASTER MCHENRY IL W/S NOTICE POSTCARDS 180. 86
�- GRAND TOTALS 180, 965. 13
GRAND TOTALS 180, 965. 13
FUND TOTALS
GENERAL FUND 115, 664 . 47
EMPLOYEE INSURANCE 17, 924 .86
POLICE PENSION FUND 22, 257. 97
WATER SEWER FUND 25, 117.83
GRAND TOTAL 180, 965. 13
Page 2
April 7, 1999
■ List of Bills for Approval.
GENERAL FUND
ALLIANCE CONTRACTORS INC GREEN ST REVITALIZATION 2, 491. 48
BUILDING OFFICIALS AND SEMINAR FEE 99.00
EXTECH COMPANY COMPUTER MAINTENANCE FEE 194 .70
G B I ENTERPRISES REFUND PERMIT #99-02-012 30.00
GORDON FLESCH COMPANY IN COPIER REPAIRS 482.75
IACP MEMBERSHIP DUES 200.00 --�
IDEAL UNIFORM SERVICE EMPLOYEE UNIFORMS 232.75
IPRA AQUATIC WORKSHOP FEE 25.00
JONES COACH TRAVEL FIELD TRIP TRANSPORT 410.00
LEE LOPEZ INTERPRETER SERVICES 10.00
MANPOWER TEMPORARY RECEPTIONIST 2, 429.06
MARINE RESCUE PRODUCTS I P-KICKBOARDS FOR POOL 114 .50
MICHAEL PERKINS WORKSHOP TRAVEL REIMB. 26.04
MIKE OWSLEY UNIFORM ALLOWNCE REIMB. 74 .54
MINUTEMAN PRESS OF MCH PRINTING SERVICES 5, 757 .86
MUSCAT, JEAN REFUND PERMIT #98-09-080 30.00
S & S ARTS & CRAFTS R-PROGRAM SUPPLIES 699.55
SECRETARY OF STATE VEH #306 PLATE RENEWAL 48 .00
U S FILTER LAKE BLUFF MATERIALS & SUPPLIES 306.00
UNITED PARCEL SERVICE UPS CHARGES 186.57
USOP CHI/MIT.,W DISTRICT OFFICE SUPPLIES 1, 804 .74
WEARGUARD EMPLOYEE UNIFORMS 309.52
WINDSOR DEVELOPMENT CORP REFUND PERMIT #99-03-037 400.00
fUND TOTAL 16, 362. 06
WATER SEWER FUND
SARTORIUS CORPORATION EQUIPMENT REPAIRS 85. 00
U S FILTER LAKE BLUFF MATERIALS & SUPPLIES 1, 292.54
UNITED PARCEL SERVICE UPS CHARGES 13.06
USOP CHI/MILW DISTRICT OFFICE SUPPLIES 82.88
WOODLAND RECYCLING & SLUDGE DISPOSAL 4, 177.50
5, 650. 98 ---.
FUND TOTALS
GENERAL FUND 16, 362.06
WATER SEWER FUND 5, 650. 98
GRAND TOTAL 22, 013.04
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PURCHASE OF LOCKERS FOR KNOX PARK POOL BATH HOUSE — DIVISION 10
SUPPLIES, INC. ,$7,741
Director of Parks and Recreation Merkel informed Council the 1998-1999 budget
includes monies for the purchase of new lockers to be used at Knox Park Pool. A Requeot
for Proposals was developed and distributed to eight firms. The proposal includod
specifications for lockers with both six-tier and two-tier columns, as well as lockers with
coin-collect operated doors for security purposes. Only two quotation proposals were
submitted:
■ Famous Lockers in the amount of $8,300;
■ Division 10 Supplies Inc.in the amount of $7,741 .
It is Staff's recommendation to award the purchase of ten column plastic lockers
for installation at the Knox Park Pool Bath House to Division 10 Supplies, Inc. of
Wooddale, Illinois in an amount not-to-exceed $7,741 .
In response to Alderman Murgatroyd's inquiry, Director Merkel stated the purchase
of these plastic lockers was well within the approved budget figure.
Page 3
April 7, 1999
Motion by McClatchey, seconded by Bolger, to award the purchase of ten column
plastic lockers for installation at the Knox Park Pool Bath House to Division 10 Supplies,
Inc., of Wooddale, Illinois, in an amount not-to-exceed $7,741 .
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ANNEXATION, MAP AMENDMENT, AND VARIANCE; VACATION OF A PORTION OF
NORTH AVENUE AND PLYMOUTH LANE — 1014 N. RIVER ROAD DAN ADAMS
Mayor Cuda reminded Council the required Public Hearing for property annexation
and roadway vacation of portions of North Avenue and Plymouth Lane was conducted on
January 27, 1999. Mr. Adams is requesting annexation of approximately 1 .39 acres of
property, and, upon annexation, a zoning map amendment to 1-1 Industrial District. In
addition, a variance permitting more than one principal building on the lot and to permit
the current front, side and rear building setbacks, for the existing buildings, is requested.
Council closed the Public Hearing on January 27, 1999, taking no formal action. Several
outstanding issues remain:
■ Are North Avenue and Plymouth Lane public or private streets?
■ What affect does the long-term road maintenance of North Avenue and Plymouth Lane
by area residents have on the issue?
■ If the streets are private, can they be vacated by the City of McHenry.
Alderman Glab stated it was yet the contention of the affected Homeowners'
Association the road in question was their property. The road is privately maintained by
the Association which has been substantiated by the Township and County. He opined
although the road surface is a public road by prescriptive use, no provision exists for the
City of McHenry to vacate this roadway. He also stated the proposed vacation was not
in the best interest of the City of McHenry and was a good example of poor planning.
In response to Alderman Bolger's request for legal clarification, City Attorney
McArdle referenced his letter of March 25, 1999. He stated ownership of the roadway
property has not been definitively established. However, ownership is not relevant to the
question of whether the roadway surface is a public road by prescription. He stated based
on the current information available to the City, it was the apparent consensus the
roadway surface is a public road by prescriptive use for the benefit of the general public.
Therefore, the City has the right to vacate the road once it is annexed into its jurisdiction.
In addition, Attorney McArdle opined if the roadway property were annexed, the City
would have maintenance responsibilities for the road. A lengthy discussion ensued.
Alderman Glab opined prescriptive use is a right-of-way easement, and does not
establish ownership. City Attorney McArdle responded the prescriptive use for more than
twenty years by the general public of the roadway in question has established the
roadway as a public thoroughfare. Therefore, the roadway can be vacated once it is
annexed into the City of McHenry's jurisdiction. Alderman Glab suggested the road, if
vacated be returned to the property owners, specifically the Homeowners' Association.
Mayor Cuda suggested Council first consider the question of Annexation, and
subsequently, the desirability of maintaining the roadway in question. Further discussion
ensued.
Aldermen Bolger, McClatchey, and Baird stated their support of both the
Annexation and the roadway vacation. Alderman Murgatroyd expressed his support for
the Annexation. However, he recommended the Annexation Fees not be waived, citing
the City's intent to improve area drainage problems. Mayor Cuda recommended the
compensation received for vacating the street right-of-way be placed in the City's
Page 4
April 7, 1999
Annexation Fund. At the end of Council discussion, Mayor Cuda opened the floor to
audience comment.
Randall Hodgson of 827 Plymouth Lane addressed Council, stating he was a
lifelong resident of the subdivision. He opined the roadways were given to the subdivision
when the property was originally platted. The roadways have always been and continue
to be maintained by the Association. Mr. Hodgson continued, stating the plat also depicts --,
individual lot lines ending not at the street center, but at the street's beginning. He also
noted the illegal use of the storage building, citing a business use in an area zoned
residential. He stated his opposition to the expansion of 1-1 Industrial zoning in the middle
of a residential subdivision. He requested the $4,000 compensation for the street right-of-
way vacation be donated to the Homeowners' Association. In conclusion, Mr. Hodgson
stated the Association's intent to pursue the legality of any street vacation.
Don Swirtz of 905 Plymouth Lane addressed Council stating it was also his opinion
the streets belonged to the Homeowners' Association as they have been maintained by
the Association.
Phil Hoffstetter of 1021 Plymouth Lane addressed Council stating his opposition
to the roadway's vacation. He also recommended the storage building currently housing
an illegal use be vacated and taken down as promised by the previous owner.
Fred Bonner of 809 Plymouth Lane addressed Council also requesting the storage
building be removed. In addition, he suggested the entire area housing Mr. Adams'
business be fenced and all truck traffic routed out via River Road. He stated his
opposition to the location of a factory in the middle of a residential area.
Lori Hoffstetter of 1021 Plymouth Lane addressed Council stating the road acts as
a buffer zone between the 1-1 Industrial and residential zoning. She also referenced
potential snowplowing problems with the creation of two dead end roads. Ms. Hoffstetter
also inquired as to the status of roadway access upon any future sale of the property in
question after the street's vacation.
Dale Kloessener of 1007 Plymouth Lane requested Council take into consideration
all the unresolved issues before taking final action. In response to Alderman McClatchey;s
request for clarification, City Administrator explained the Petitioner's request for a
variance is to permit more than one principal building on a lot and to permit the current
front, side and rear building setbacks for the existing buildings.
In response to Council's inquiry, Mr. Adams stated he has no intention of espandirg
the size of the larger facility. He also stated he was unaware of any zoning violations with
regard to the storage building's illegal use. Some discussion ensued regarding setback.
Alderman Baird suggested requiring a fifty foot setback from all property lines for
any future additions/expansions. In response to Council inquiry, Mr. Adams stated the
only vehicular access from the property in question will be via River Road. The Plymouth
Lane access area will not be a gated fence. Mr. Adams agreed to including language
within the Annexation Agreement prohibiting vehicular access via Plymouth Lane. In
addition, Mayor Cuda suggested the following issued be addressed within the Annexation
Agreement:
■ Use of the small storage building located within the R1 County Zoning area;
■ Maintenance of North Avenue to River Road;
■ Building expansion limitations; and
■ Fifty foot setback requirement.
Council directed Staff to work with the Petitioners and revise the Annexation
Agreement accordingly. Obtaining an approval consensus from Council, Mr. Johnscn
acknowledged inclusion on the Council's April 28, 1999 Meeting Agenda.
Page 5
April 7, 1999
MAYOR'S STATEMENT AND REPORTS
Mayor Cuda informed Council he and City Administrator Lobaito had met with
Roger Gerstad that afternoon to consider further discussion of the Diedrich Farm
Annexation before Council. Mr. Gerstad requested the opportunity to initiate a dialogue
between Council and himself regarding the proposed Annexation and subdivision
development, specifically, its proposed density and the inclusion of additional open space.
He requested appearance before Council at the April 21 , 1999 Regularly Scheduled
Council Meeting. In response to Alderman Baird's inquiry, Mayor Cuda noted Mr. Gerstad
�. was not proposing one-acre estate-sized lots. In addition, some discussion occurred
regarding the possible location of the new high school on this site and permitting the
development of townhomes on the property located immediately adjacent to the proposed
high school. Alderman Murgatroyd also suggested traffic concerns be addressed at this
time. Some discussion occurred regarding the current status of FAP420. In response to
Alderman Baird's inquiry regarding Mr. Gerstad's consideration of clustering, Mayor Cuda
noted this possibility existed.
Mayor Cuda informed Council he was in receipt of a letter from Zoning Board of
Appeals member Chuck Lovett tendering his resignation. The Zoning Board of Appeals
currently has two vacancies.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Baird reported the Parks and
Recreation Committee had met on Monday, April 5, 1999. Meeting minutes will be
forthcoming. Preliminary renderings of recreational facility site and floor plans were
reviewed. It was the consensus of the Committee to recommend a Committee of the
Whole Meeting to review and prioritize all proposed Capital Projects. A more
comprehensive and concise report of the City's current financial status would be obtained.
The feasibility of proceeding with plans for the development of a recreational center could
..._ then be ascertained. In addition, the Committee considered the Petersen Park Waterfront
Plan, Newman Park development, resubmission of the Petersen Farm Park Grant, the
William H. Althoff Park dedication, and a recommendation to award the architectural
services contract to Direct Design for the Petersen Park Maintenance Building expansion
will be forthcoming.
STAFF REPORTS
Director of Public Works Batt introduced Baxter and Woodman representative John
Ambrose. He informed Council Mr. Ambrose will be the Project Manager for the City of
McHenry's 1999 Street Program. In response to Alderman Bolger's request for
clarification, Director Batt stated the appropriate Street Program revisions have been
completed.
Director of Parks and Recreation Merkel distributed the Summer Brochure for
Council review. He complimented recently-hired Recreation Supervisor Cyndi Jerden for
its professional look and appeal.
City Administrator Lobaito informed Council the recently revised Border Agreement
between the Village of Johnsburg and the City of McHenry will be sent to the Village of
Johnsburg for review on Friday, April 9, 1999,unless Council has additional comments
and/or concerns. There were no additional comments and/or concerns addressed at this
time. City Administrator Lobaito reminded Council the Comprehensive Plan Update's
Open House was scheduled for Monday, April 26, 1999 from 5:00 p.m. to 7:00 p.m. the
Public Hearing is scheduled for Monday, April 26, 1999 at 7:00 p.m. In conclusion, City
Administrator Lobaito noted he and Finance Committee Chairman Alderman Murgatroyd
had met last week to balance the proposed 1999-2000 Budget. An additional Finance
Committee Meeting will be scheduled to review the balanced budget as proposed, prior
to final Council approval at the May 5, 1999 Regularly Scheduled Council Meeting.
City Clerk Althoff reported the City of McHenry annually has obtained funds from
the Recording Industry's Music Performance Trust Fund to offset the cost of the City's
Page 6
April 7, 1999
Band Concert Series. Due to a decrease in available funds, the Recording Industry has
revised its application procedure and now requires the submission of a formal agreement
with a 20% deposit. Some urgency exists as several other local municipalities will be
applying for these funds as well. It is the recommendation of Staff to authorize the
Mayor's execution of the Recording Industry's Music Performance Trust Funds Agreement
and approve the $670 advance payment expenditure. City Clerk Althoff noted if the City
is unsuccessful in its bid for these grant monies, the $670 advance payment will be
refunded.
Motion by Glab, seconded by Bolger, to authorize the Mayor's execution of the
Recording Industry's Music Performance Trust Fund Agreement and to approve the
advance payment of $670 to be submitted with the application.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
NEW BUSINESS
Alderman Bolger requested Council consider reducing the speed limit on McCullom
Lake Road from the railroad tracks east to Route 31 . He noted the current speed limit
within the corporate boundaries of the Village of McCullom Lake is 40 mph and increases
to 45 mph at the City of McHenry corporate boundaries east of the railroad tracks.
Director of Public Works Batt reminded Council traffic studies have been conducted in this
area and have not met warrants. A lengthy discussion ensued regarding the reduction of
the speed limit to 35 mph or 4o mph. Council requested Staff provide a map with the
current speed limits on McCullom Lake Road from Riverside Drive northwest to the
corporate boundaries of McHenry be provided in Friday's Agenda Packet. Council should
be permitted several weeks to review the proposed speed reduction. Alderman bolger
informed Council Attorney Bernard Narusis will be contacting Mayor Cuda regarding the
McHenry Villa's request for parking variance. Alderman Bolger also commended and
complimented Deputy Clerk Kunzer on her professionalism and efforts in the absence of
City Clerk Althoff. In conclusion, Alderman Bolger inquired as to Council direction
regarding Mr. Cordrey's request for an endorsement of the Fox Waterway Agency's boat
engine noise limitation ordinance. Council directed Staff to place this item on the April 14,
1999 Regularly Scheduled Council Meeting Agenda.
Alderman Murgatroyd informed Council of his interest in pursuing the development
of an ordinance limiting the number of building permits issued by the City of McHenry to
one developer during a calendar year. After some discussion, it was the consensus of
Council to direct the Community Development Committee review this issue, and, if
desirable, draft a proposed ordinance.
Citing safety concerns, Alderman Glab requested the Police Department provided
a squad car at the intersection of Dartmoor and Kensington at the time of high school
release, approximately 2:30 p.m. Acting Chief Erkenswick stated concurrence.
EXECUTIVE SESSION - PERSONNEL
Motion by Murgatroyd, seconded by Bolger, to go into Executive Session to discuss
Personnel at 9:25 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:25 p.m.
Page 7
April 7, 1999
Motion by by Murgatroyd, seconded by Bolger, to go back into Open Session at
9:55 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
�... Council went back into Open Session at 9:55 p.m.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:56 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None..
Motion carried.
The meeting was adjourned at 9:56 p.m.
CITY CLERK MAYOR