Loading...
HomeMy WebLinkAboutMinutes - 12/03/2001 - City Council REGULAR MEETING DECEMBER 3, 2001 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, December 3, 2001 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney McArdle, Director of Public Works Batt, Director Community Development Napolitano and Assistant City Administrator Maxeiner. Absent: Director Parks and Recreation Merkel. PRESENTATION Mayor Althoff noted members of Cub Scout Pack 131, Dens 2 and 13, were in attendance and would lead Council in the Pledge of Allegiance. Following the Pledge of Allegiance, the members introduced themselves. Director of Community Development Napolitano introduced new City employee Jason Lee, Inspector I. Director Napolitano reminded Council Inspector I is a new position created this year and Mr. Lee is performing the duties admirably. Director of Public Works Batt introduced new Public Works Department employees from the Street division, Don Meyer and Steve Ramirez, and Water Division Meter Readers, Matt Werhane and Kurt Yencich. Director Batt informed Council the position of water meter reader is a new position created to facilitate the City's cessation of outsourcing the meter reading. He advised Council the Street Division positions are replacement positions. PUBLIC HEARING: 2001 TAX LEVY Mayor Althoff opened the Public Hearing on the 2001 Tax Levy at 7:35 p.m. Assistant Administrator Maxeiner informed Council each year the City estimates the amount of property taxes required to conduct operations throughout the year. The request is inflated each year in an effort to capture all of the new growth, annexation, and new construction which occurred in the City in this year. Assistant Administrator Maxeiner explained while the requested increase is 15% the actual anticipated increase is between 5% and 7%, most of which will be derived from new construction and annexations. There were no questions or comments from Council. Mayor Althoff inquired if there were any comments or questions from the audience. There were none. In response to Mayor Althoff's inquiry, City Administrator Lobaito and City Clerk Jones stated no inquiries had been received, verbal or written regarding the tax levy ordinance. Motion by Murgatroyd, seconded by Glab, to close the Public Hearing regarding the 2001 Tax Levy for the Fiscal Year beginning May 1, 2001 and ending April 30, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. Page 2 12/3/01 Motion by Murgatroyd, seconded by Bolger, to pass and approve an ordinance establishing the 2001 Tax Levy for the Fiscal Year beginning May 1, 2001 and ending April 30, 2002, as presented: Fund 2001 Requested Extension Police Protection $ 327,657 General Corporate $1,060,471 Band $ 15,152 Civil Defense - ESDA $ 5,051 Audit $ 13,889 Illinois Municipal Retirement $ 239,719 Social Security $ 418,850 Public Benefit $ 48,485 Insurance $ 400,000 Police Pension $ 401,574 Total $2,930,848 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. ^` Motion carried. TEN MINUTE PUBLIC INPUT David Boger of 1102 North Oakwood Drive addressed Council. Mr. Boger thanked Council for the fine streets and many improvements enjoyed by the City. Referencing an article published in the Northwest Herald on November 13, 2001 regarding Council's building plans for McHenry, Mr. Boger expressed disappointment there was no mention of plans for a Senior Center. Mr. Boger opined a community the size of McHenry should have a senior citizens center for socialization and meetings. He stated seniors should have a separate facility, rather than a portion of the City's Recreation Center. Richard Hignight of 715 North Lillian addressed Council. Mr. Hignight expressed strong opposition to the Riverwalk Project. Mr. Hignight opined the proximity of the sewage treatment plant, the empty movie theatre and the old City Hall detract from a proposed Riverwalk. He suggested the Riverwalk Project be abandoned. Mr. Hignight further addressed Council suggesting if there is a shortage of money for the Skate Park, elected and appointed officials should donate their salaries to make up the shortfall for the construction costs, maintenance and operations. Mayor Althoff advised Mr. Hignight his comments would be taken under advisement and consideration. Alderman Glab suggested Mr. Boger and Mr. Hignight be invited to any meetings involving the Recreation Center or the Riverwalk Project. Page 3 12/3/01 CONSENT AGENDA: Motion by Glab, seconded by Low, to approve the Consent Agenda, as presented; ■ Reimbursement of deposit for traffic signal to Windsor Development Corp, in the amount of$26,607.94; ■ Country Club Sewer Replacement, Baxter & Woodman Engineering Service Agreement, not to exceed $15,000; ■ Approve the hiring of replacement part time clerk receptionist, Julie Amore; ■ Authorize; snowplowing services for unincorporated Country Club Drive and Feger Subdivisions; ■ Ordinance granting zoning map amendment at 4011 W. Main Street; ■ Ordinance granting zoning map amendment at 412 N. Front Street; ■ Ordinance granting conditional use permit at Route 31 at Shamrock Lane; ■ City Council Minutes: November 5, 2001 regularly scheduled Council Meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ROUTE 53 EXTENSION FROM LAKE COOK ROAD TO ROUTE 120 Mayor Althoff introduced Karen Patel, President of the McHenry County Economic Development Corporation (MCEDC) and Charlie Eldridge, Chairman of the McHenry County Economic Development Corporation Committee on Transportation and Infrastructure. Ms. Patel, on behalf of the MCEDC addressed Council requesting the passage of a Resolution in support of the Route 53 extension sponsored by the Lake County Transportation Improvement Project. Mr. Eldridge explained the proposed Route 53 extension is supported by the Lake County Transportation Improvement Project. It is recognized as the best option to improve motorist travel and address the issues facing Lake County and McHenry County traffic. Mr. Eldridge stated this improvement addresses only the Lake County portion of the project but opined it will relieve traffic congestion through McHenry County as well. Alderman Bolger stated his enthusiastic support of the extension of Route 53. Mr. Eldridge advised Council the polls indicate 71% of the Lake County population supports the extension. More than 50 municipalities in Lake County have passed Resolutions in support of the extension. Alderman Glab expressed disappointment the proposed resolution supports the project only east of Route 12 and 120. He opined the road has been badly needed in the County for a number of years. He expressed concern additional traffic may be generated throughout the City because of the FAP420 extension. Alderman Glab requested `- assurance that Lake County support would be reciprocated when McHenry County chooses to extend Route 53 into McHenry County. Page 4 12/3/01 Motion by Bolger, seconded by Glab, to pass and approve a Resolution supporting the extension of Route 53 from Lake Cook Road to Route 120. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A USE VARIANCE - LIBERTY SQUARE SUBDIVISION, LOT 3 Mayor Althoff stated at the October 29, 2001 regularly scheduled Council Meeting, Council directed Staff, to draft an ordinance granting a use variance to allow limited retail and service uses on Lot 3 in the proposed Liberty Square development. Alderman Glab inquired as to the process should the Applicant wish to incorporate another use on this site. City Attorney McArdle advised any amendment to the permitted uses would have to be approved by Council.. Motion by Bolger, seconded by Glab, to approve a use variance for Lot 3, Liberty Square Subdivision, located at the southwest corner of Route 31 and Shamrock Lane, limited to the following: • Appliance and electronics repair • Eyeglass sales and repair • Computer sales, rental and service • Donut shop, with retail hours restricted from 6:00 a.m. to 10:00 p.m. • Beauty and barber shops, hair salons • Candy, ice cream, popcorn, nut and yogurt stores • Florist shop • Stationery and office supply stores • Photocopying and printing shops • Hobby and craft stores • Photo processing • Video rental • Postal packaging • Shoe repair • Grocery/convenience stores • Restaurant. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. PARKING VARIANCE REDUCING THE NUMBER OF REQUIRED PARKING SPACES FOR MCHENRY GROUNDS SHOPPING CENTER, 1711 N. RICHMOND ROAD In attendance was applicant Peter Demas, President of Gus Demas Building Corporation. Director of Community Development Napolitano advised Council the Page 5 12/3/01 applicant is requesting approval to allow a reduction in the number of parking spaces required at the McHenry Grounds Shopping Center. The variance is needed to allow a Panera Bread Bakery and Restaurant in the space vacated by Video Update. Director Napolitano explained restaurant use requires more parking, 20 spaces per 1,000 square feet, than retail use, 4 spaces per 1,000 square feet. In order to accommodate the Panera Bread facility 158 parking total spaces would be required in the McHenry Grounds Shopping Center which presently has 117 parking spaces. The applicant is acquiring the property to the south, located at 1701 Richmond Road. The existing structure would be demolished and 27 parking spaces would be constructed. A total of 144 parking spaces would then be available. However, even with construction of the additional parking spaces the site is still 14 spaces short of the zoning ordinance requirements. Director Napolitano advised Council the Zoning Board of Appeals at a Public Hearing held on November 8, 2001 recommended approval of the requested variance, by a 4 to 1 vote, subject to the following conditions: 1. The existing access point to Route 31 from 1701 N. Richmond Road shall be closed and fully restored with sod or seed; 2. The applicant shall work with the City in completing the Route 31, McCullom Lake Road intersection improvements by dedicating the necessary right of way along the property frontage; and 3. The applicant shall submit a landscape plan for the additional parking area prior to issuance of an occupancy permit. Director Napolitano reported City Planner Martin conducted a survey of some of the existing restaurants in town based upon parking requirements for restaurants. Information acquired indicates the City's parking requirements are excessive. Director Napolitano noted the City's Zoning Ordinance requirements have not been comprehensively reviewed in 15 years. He suggested the City's parking requirements be discussed and reviewed at a Community Development Committee meeting. Alderman Glab opined parking requirements were not excessive. Alderman Glab inquired as to the ownership of the property behind (west of) the proposed expansion of the parking area. Director Napolitano responded the property is part of a cemetery. Director Napolitano stated the applicant has submitted a landscape plan and proposes to install evergreens along the property line and hedges along the frontage. In response to Alderman Glab's inquiry, Mr. Demas stated the landscape plan did not specify the type of juniper to be installed; however all trees installed would be approximately four to five feet in height. In response to Alderman Bolger's inquiry, Mr. Demas stated he would comply with the conditions recommended by the Zoning Board of Appeals. Referencing the landscape plan, he requested a slight modification allowing one tree and nine scrubs in the newly created landscape island. Citing the small size of the island, Mr. Demas suggested the landscaping match the island directly across. Staff indicated this would be acceptable. Page 6 12/3/01 Motion by Bolger, seconded by Low, to direct Staff to prepare an ordinance granting a variance to the McHenry Grounds Shopping Center as to the number of required parking spaces from 158 to 144 total spaces, to permit the operation of a restaurant at 1711 N. Richmond Road, subject to the following conditions: 1. The existing access point to Route 31 from 1701 N. Richmond Road shall be closed and fully restored with sod or seed; 2. The applicant shall work with the City in completing the Route 31, McCullom Lake Road intersection improvements by dedicating the necessary right of way along the property frontage; and 3. The applicant shall submit a landscape plan for the additional parking area prior to issuance of an occupancy permit; and to direct Staff to include discussion of parking requirements at the next Community Development Committee meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. TEMPORARY USE PERMIT EXTENSION - AMERICAN COMMUNITY BANK, AT THE —� CORNER OF ROUTE 31 AND ALBANY Petitioner Charie Zanck, Chief Executive Office of American Community Bank was in attendance. Ms. Zanck requested Council's permission to extend the temporary use permit for the trailer located at the northeast corner of Route 31 and Albany Street. Ms. Zanck explained on September 20, 2000, Council granted a temporary use permit to allow American Community Bank to operate in a temporary trailer until December 20, 2001 to permit the bank time to obtain the necessary zoning approvals and complete construction of their permanent facility. Several delays prevented the bank from meeting the deadline of December 20, 2001. Ms. Zanck informed Council the building permit for the new facility was issued on November 28, 2001 and the bank expects to break ground on December 4, 2001. It is anticipated the new facility will be ready for occupancy by Fall 2002. Motion by Glab, seconded by Bolger, to extend the temporary uses permit for American Community Bank, to operate in a trailer at the northeast corner of Route 31 and Albany Street, until Fall 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd,. Wimmer Voting Nay: None. Absent: None. Motion carried. CLASSIFICATION AND COMPENSATION STUDY Assistant Administrator Maxeiner summarized the Classification and Compensation Study as one of the most important projects worked on during his tenure with the City. He opined the outcome of the study would have an impact on employee morale, turnover rates Page 7 12/3/01 `- and recruitment. Assistant Administrator Maxeiner advised the study began eighteen months ago after he and City Administrator Lobaito received numerous complaints from employees regarding the City's existing compensation plan. Assistant Administrator Maxeiner noted the study updated job descriptions, which is essential in the area of recruitment, performance appraisal and compensation. He advised Council the methodology of the study has been discussed in detail in two Finance and Personnel Committee meetings. The study dictates paying market-based rates to employees based upon surveys gleaned from surrounding communities competing with the City for employees. If approved by Council the new wage matrix and classification will go into effect on January 1, 2002. Incumbent adjustments are scheduled to be implemented in two phases to minimize the financial impact on the City. The first adjustment will take place January 1, 2002 and will result in adjusting incumbent wages to their market-based target step or the step closest to a five percent increase, whichever is less. The total impact of the first adjustment on the 2001/2002 fiscal year is approximately $34,000. A final adjustment will be scheduled for July 1, 2002 for a few select positions remaining below market levels. The financial impact of the final adjustment upon the 2002/2003 fiscal year budget will be approximately $21,000. Alderman Glab opined the City of McHenry has excellent employees. He expressed concern regarding raising salaries, in light of the current condition of the economy. He stated it is difficult to support the revised Compensation Plan at this time. Alderman Low, citing the Strategic Planning Seminar held on June 23, 2001, recalled recruitment and retention of quality staff as one of the top priorities of the City. She opined one of the ways to achieve that goal is to be wage competitive with surrounding communities. Alderman Murgatroyd recognized Alderman Glab's concerns, pointing out the project was initiated eighteen months ago and conducted in a comprehensive manner. Alderman Murgatroyd noted on an overall basis the total adjustment of salaries is approximately 2 1/2%. Alderman Murgatroyd noted the unanimous recommendation of the Finance and Personnel Committee regarding implementation of the Classification and Compensation Study as presented. Alderman Bolger opined the City of McHenry has the best of employees and expressed enthusiastic support of the Plan. Alderman Glab, noting the position of Finance Director, inquired why a compensation level was created for a non-existing position. Alderman Murgatroyd, Chairman of the Finance and Personnel Committee, explained the position was identified more than a year ago when Staff was directed to establish an administrative hierarchy in lieu of possible adjustments in the City Clerk Collector position. It was noted the position would not be created without full Council approval. Page 8 12/3/01 Motion by Murgatroyd, seconded by Wimmer, to approve the Classification and Compensation Study, adjusting the incumbent salaries effectively January 1, 2002 and July 1, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. Mayor Althoff expressed appreciation to Staff for the effort expended on the Classification and Compensation Study. ABATEMENT OF REAL ESTATE TAXES FOR VARIOUS BOND ISSUES Assistant Administrator Maxeiner advised Council, over the years the City of McHenry has issued a variety of bonds pledging various funding sources for repayment backed by the full faith and credit of the municipality. Historically, the primary source of repayment has been sufficient to cover the debt service and the property tax has been abated. Each individual bond ordinance approved, upon issuance of a bond, provides instructions to the County to levy certain property tax, unless abated by the City, to pay off the bonds. Assistant Administrator Maxeiner noted the revenues are available from the alternate sources and property taxes will not be required to pay off the bonds. In order for the County Clerk to abate or reduce the property taxes levied, Council must approve ordinances authorizing the abatement of the following: 1. GO Bonds (Alternate) Series 1997A, sewers east of the Fox River in the amount of$338,750; 2. GO Bonds (Alternate Revenue) Series 1997B, expansion of the South wastewater treatment plant in the amount of$118,125; 3. GO Bonds (Alternate) Series 2000A, MFT Bonds for the street program in the amount of$452,400; and 4. GO Bonds (Alternate) Series 2000B, refunding of the 1990 General Obligation Bond used for the municipal building, in the amount of$297,150. Assistant Administrator Maxeiner noted an additional abatement is required on the Special Service Area No. 1A. Special Service Area No. 1A relates to the financing for the signal and traffic improvements on Route 31 and Shamrock Lane, arranged to enable the City to contribute $25,000 toward the debt on an annual basis. The remainder of the funding was provided by property taxes levied on property owners in the defined Special Service Area. In order to abide by the cost-sharing plan Staff requested Council's approval to abate property taxes for Special Service Area No. la in the amount of $25,000. Page 9 12/3/01 `.. Motion by Bolger, seconded by Glab, to approve ordinances authorizing the following abatements: 1. GO Bonds (Alternate) Series 1997A, sewers east of the Fox River in the amount of$338,750; 2. GO Bonds (Alternate Revenue) Series 1997B, expansion of the South wastewater treatment plant in the amount of f$118,125; 3. GO Bonds (Alternate) Series 2000A, MFT Bonds for the street program in the amount of$452,400; 4. GO Bonds (Alternate) Series 2000B, refunding of the 1990 General Obligation Bond used for the municipal building, in the amount of$297,150; and 5. Special Service Area No. 1A in the amount of$25,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Althoff reported it appears the issue with Joe Rubino, property owner of D&J Automotive located at 926 N. Front Street, regarding the revision of the driveway and landscaping at Route 31 and John Street has been resolved. Mayor Althoff advised work �.. will be initiated to bring the matter to conclusion. Mayor Althoff informed Council the Riverwalk Grant submitted to the Grand Victoria Foundation was denied. Mayor Althoff advised Council Police Commission Chairman, Timothy Wirfs, resides outside of the boundaries of the City of McHenry. Mayor Althoff requested City Attorney McArdle review the statutes regarding residency requirements. City Attorney McArdle informed Council the rules of vacancy in offices is clear. The office held by Timothy Wirfs requires he be a qualified elector, residency must be confirmed. The property owned by Mr. Wirfs on Broad Street is within the corporate limits of McHenry. However the property on which Mr. Wirfs may currently be residing is outside the corporate boundaries. Mr. McArdle advised if City residency cannot be confirmed, resignation ensues and a vacancy occurs. Mayor Althoff informed Council a letter will be sent to Mr. Wirfs, at the new address, requesting confirmation of the move and offering annexation to the City of McHenry, in an effort to resolve the issue of residency. Mayor Althoff advised Council, it has also been brought to her attention Father Robert Sherry no longer resides at the Oakwood Avenue address. A letter verifying residency requirements will also be forwarded to Father Sherry at his new address. Page 10 12/3/01 Mayor Althoff requested City Attorney McArdle provide Council with a summary of House Bill 3098 regarding the Open Meetings Act. City Attorney McArdle noted House Bill 3098 requires the presiding officer at each closed meeting to certify, in writing, within seven days, that a closed meeting took place, the provisions cited for the closed session and to confirm the Act was not violated by going into closed session. A form has been provided by the State Legislature. House Bill 3098 will go into effect on July 1, 2002. DEPARTMENT HEAD REPORTS Director of Community Development Napolitano advised Council of a minor fire at the Warsaw Inn on December 2, 2001. One of the dryers caught fire. The fire was contained immediately with no damage to the structure or business. Director Napolitano informed Council Staff removed forty-five signs posted throughout town in rights-of-way of various streets. Director Napolitano provided Council with a status update of the Pacini annexation. At a Public Hearing, held on May 9, 2001 Council directed Staff to finalize work with the City Attorney and applicant's attorney to finalize the language on the Annexation Agreement. Due to several delays, most notably the location of the West McHenry Bypass, the Metra Station location, and coordination of intersections at Route 31, preparation of the Annexation Agreement has been delayed. As a result of these occurrences, Director Napolitano informed Council of substantial changes from the draft Annexation Agreement as originally presented. -� City Administrator Lobaito advised Council the Hickory Creek Farm lease expires January 31, 2002. The lease will be addressed on the Agenda on the December 17, 2001 regularly scheduled Council Meeting. Typically, the City has maintained a year-to-year lease with Mickey Sikula. Staff will be recommending a 2-year lease as. City Administrator Lobaito reported the Riviera Marina lease expires February 28, 2002. In January, 2002, Council will be asked to consider renewing the lease with Jerry Danko, on a year-to-year basis, due to the uncertainty of the Central Wastewater Treatment Plant expansion process. City Administrator Lobaito also reported Staff is exploring alternate funding sources for the McCullom Lake Road/Route 31 Project. Staff believes it may be prudent to delay the issuance of bonds on this particular project, as additional grants may be available through the Council of Mayors or the Congestion Mitigation and Air Quality Improvement Program (CMAQIOP) It has been theorized when intersection improvements are initiated, traffic signals are synchronized and air quality improves because vehicles are not stopping and starting causing greater emissions. The CMAQIP Grant Applications are due in March 2002. Results of the application process will not be ascertained until the fall of 2002, when the project is due to begin. Staff admits there may be some administrative costs involved in postponing issuing the bonds for this Project but feels the cost is justified when compared to the amount that may be secured. City Administrator Lobaito advised Council -� a memorandum will be distributed which outlines all the details. Page 11 12/3/01 City Administrator Lobaito noted Alderman Murgatroyd contacted him regarding the Agenda packets. Agenda packets are currently delivered to Council late Thursday night. Alderman Murgatroyd requested the packets be delivered on Wednesday to allow Council an opportunity to review the material and address any questions to Staff. Council requested the Agenda packets be delivered to Council on Wednesdays, beginning in January 2002. City Administrator Lobaito addressed Council as to his investigation regarding the question of a Stormwater Utility Tax. The result of the investigation indicated non-home rule communities have no authority to create such a fee. In fact, home rule municipalities that have installed such a fee are facing legal challenges in the Courts. Legislation for stormwater utility taxes will be introduced in Springfield to the general assembly in Spring 2002. NEW BUSINESS Alderman Bolger thanked Mayor Althoff and Council for their efforts in resolving Joseph Rubino's concerns about the parking lot at D&J Automotive. In response to Alderman Glab's inquiry about the placement of the sign installed at Whispering Oaks Subdivision, City Administrator Lobaito advised the new sign had been placed at the approximate location where the previous sign was located and movement of the sign was not anticipated. Alderman Glab stated transportation issues should be viewed as comprehensively as possible and suggests a special committee be established. EXECUTIVE SESSION Motion by Bolger, seconded by Murgatroyd, to go into Executive Session at 8:45 p.m. to discuss Personnel, Potential Litigation and Property Acquisition. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:45 p.m. Motion by Murgatroyd, seconded by Low, to return to Open Session at 9:36 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. �" Council went back into Open Session at 9:36 p.m. Page 12 12/3/01 --1 Motion by Murgatroyd, seconded by Bolger, to approve out-of-class pay for Accounts Payable Clerk, Rhonda Rushing, in the amount of$5.29 per hour, continuing the arrangement on a month to month basis, until such time as computer maintenance and repair is no longer handled by the Accounts Payable Clerk. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:37 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:37 p.m. AYOR ITY CLERK," i