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HomeMy WebLinkAboutMinutes - 11/05/2001 - City Council REGULAR MEETING NOVEMBER 5, 2001 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, November 5, 2001 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Low, Murgatroyd, Wimmer. Alderman Glab arrived at 7:40 p.m. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney McArdle, Chief of Police Kostecki, Director of Public Works Batt, Director Community Development Napolitano and Director of Parks and Recreation Merkel. Absent: Assistant City Administrator Maxeiner. PRESENTATION Mayor Althoff noted members of Cub Scout Weeblo Pack 250 were in attendance and had requested permission to lead the Council in the Pledge of Allegiance. Following the Pledge of Allegiance, Weeblo Pack 250 members introduced themselves, stating Alderman Low had invited them to the meeting after visiting with them and explaining the function of an Alderman on the City Council TEN MINUTE PUBLIC INPUT Joyce Story a resident of 1617 Leonard in the Millcreek Subdivision addressed Council. Mrs. Story opined a traffic hazard exists in the area when vehicular traffic attempts a right or left turn from Orleans Street onto McCuilom Lake Road. She suggested widening the Orleans Street roadway, providing a turn lane and painting directional arrows for vehicular traffic. Mayor Althoff directed Staff to review the matter and determine possible resolution. Ms. Story will be contacted when the matter is considered by full Council or Committee. CONSENT AGENDA: Motion by Low, seconded by Bolger, to approve the Consent Agenda, as presented; ■ Approve payment to Temple Display for the purchase of patriotic banners, not to exceed $7,900; ■ As need checks for approval: GENERAL FUND FOP UNITS I/II 1,452.00 ILLINOIS LIQUOR CONTROL 2$0.00 ILLINOIS MUNICIPAL LEAGU 99.00 IMRF 33,101.05 IPITA 3$0.00 MCHENRY COU14TY RECORDER 36.00 NATIONAL GUARDIAN LIFE I 148.83 ` NCPERS GROUP LIFE INS. 258.00 NORTHFIELD INN & SUITES 506.00 PETERSEN, ROBERT G 3,033.20 RESERVE ACCOUNT 1,200.00 SCHATZ, DON 195.00 SEXTON, ERIC M 90.00 STATE POLICE SERVICES FU 165.00 UNITED STATES LIFE INSUR 882.90 WALMART COMMUNITY BRC 321.41 WOOD, ROLAND 90.00 AFLAC 1,326.33 AMERICAN HEART ASSOCIATI 35.00 AMERICAN HEART ASSOCIATO 65.00 BLAIN'S FARM & FLEET 167.98 FBI NAA 15.00 FIRESIDE, THE 1,771.92 FIRST MIDWEST BANK 108.95 FLESCH COMPANY INC, GORD 11,867.80 Pcge 2 11/5/01 GLUTH BROS CONSTRUCTION 104,524.10 HOWELL'S GIFTS 6 MORE 1,944.00 ILLINOIS DEPARTMENT OF 372.00 ILLINOIS STATE POLICE 114,00:' MCHENRY COUNTY CHIEFS OF 24.00 MCHENRY COUNTY CLERK 10.00 MCHENRY HIGH SCHOOL EDUC 35.00 MCHENRY POLICE PENSION F 22,675.57 ORGANIZED EXECUTIVE, THE 97.00 PATRIOT PAINTBALL CLUB/2 295.00 POSTMASTER MCHENRY IL 1,756.19 SECRETARY OF STATE 238.00 WALMART COMMUNITY BRC 681.26 DEVELOPER DONATION FUND PETERSEN, ROBERT G - 3,033.20 PEASE CONSTRUCTION COMPA 9,413.10 DEBT SERVICE-1997A FUND BANK ONE 74,375.00 CAPITAL IMPROVEMENTS FUND COMED 2,200.00 KENNEDY CONSTRUCTION CO, 161,618.40 WATER/SEWER FUND MOSELE 6 ASSOC INC 13,830.14 RESERVE ACCOUNT 300.00 UNITED STATES LIFE INSUR 137.70 AMERICAN HERITAGE 12.47 BUSS FORD SALES 34,472.60 BOND 6 INTEREST FUND BANK ONE 83,262.50 EMPLOYEE INSURANCE FUND HEALTH PLAN MANAGEMENT 18,681.54 RISK MANAGEMENT FUND MCH CTY MUNICIPAL RISK M 233,100.00 DEVELOPMENTAL ESCROW MCHENRY SAVINGS BANK 200,000.00 GRAND TOTALS 1,024,769.14 GENERAL FUND .,33249 DEVELOPER DONATION FUND 190 90,332.49 1244630 DEBT SERVICE-1997A FUND 74,375.00 CAPITAL IMPROVEMENTS FUND 163,818.40 WATER/SEWER FUND 48,752.91 BOND 6 INTEREST FUND 83,262.50 EMPLOYEE INSURANCE FUND 18,681.54 DEVELOPMENTAL ESCROW 200,000.00 RISK MANAGEMENT FUND 233,100.00 TOTALS 1,024,769.14 Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: Glab. Motion carried. REVIEW OF SIDE YARD SETBACKS Director of Community Development Napolitano reminded Council, at the August 6, 2001 regularly scheduled Council Meeting, during discussion of the new zoning district of RS-1a, an additional discussion took place regarding the side yard setback requirements in the RS-1, RS-2 and RS-3 districts. The side yard setbacks in those districts currently require a side yard setback of 10' or 10% of the lot width; whichever is less. Pursuant to Page 3 11/5/01 ``- Council's direction, Staff investigated the feasibility of requiring a minimum 10-foot side yard set back in the RS-1, RS-2 and RS-3 districts, eliminating the words "whichever is less" from the side yard set back description. Director Napolitano advised Council City Planner Martin, in an effort to evaluate the potential impacts on existing development, randomly surveyed existing side yard setbacks at various addresses throughout the City. The results of the survey indicate in nearly all of the City's subdivisions there exist homes with side yard setbacks of less than 10 . This is more common in subdivisions zoned RS-3, where 67% have sideyard setbacks of less than 10 feet, than in the RS-2 District, where 17% of the homes have less than a 10 foot setback. Staff noted there is the potential for greater separation between homes, in subdivisions zoned RS-2 and RS-3, if the 10 foot minimum sideyard setback were implemented, which could result in more open space and less blockage of light and air to nearby properties. However, if implemented, a significant number of existing homes could be placed in a non-conforming status, impacting a homeowner's ability to add on to or otherwise conduct improvements to the home. Additionally, new construction would require increased Staff time due to tracking which homes fall under which setback requirements. Due to the potential impact on existing residences and Staff tracking difficulties, Director Napolitano recommends the sideyard setback language remain as is, with no changes. �... Motion by Bolger, seconded by Murgatroyd, to retain the existing language for the side yard setbacks in the RS-1, RS-2 and RS-3 Districts. Voting Aye: Bolger, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: Glab Motion carried. VARIANCE TO ALLOW TEMPORARY ADVERTISING SIGN, BOONE CREEK TOWNHOMES AT DARTMOOR DRIVE, EAST OF WHITMORE TRAIL Robert Fry, owner of Signs by Fry, was in attendance. Mr. Fry advised Council his company created the temporary sign located at Dartmoor Drive, east of Whitmore Trail, for Gerstad Builders. Mr. Fry stated the sign was erected originally, without a permit, due to a miscommunication. Director of Community Development Napolitano informed Council Gerstad Builders has been cited for installing the temporary advertising sign without a permit on Dartmoor Drive, east of Whitmore Trail. The sign has been removed pending resolution of the issue. Director Napolitano advised Council the sign is 6' x 4', and being utilized to advertise the townhomes being offered for sale by Gerstad Builders along Fieldstone Trail. Fieldstone Trail is an interior street in the Boone Creek Subdivision with no visibility from a nearby main road, either Dartmoor or Curran. The sign is utilized to direct potential customers to �. the townhomes. Director Napolitano noted there is some question as to whether the sign is a directional sign or an off site advertising sign. Noting the townhomes are part of a new Page 4 11/5/01 building phase, Staff determined the sign was an off site advertising sign. If approved by Council, this sign will be the fourth sign approved for the Boone Creek Subdivision. Gerstad Builders and American Heritage Builders have previously received Council approval for three signs advertising the Boone Creek Subdivision. • On-site, 12' x 16' sign located on the east side of Curran Road, north of Dartmoor; • Off-site, 8' x 8' sign located at the northwest corner of Crystal Lake and Bull Valley Roads; • Off-site, 8' x 8' sign located at the southeast corner of Route 120 and Draper Road. Director Napolitano advised Council one directional sign, 10 square feet in area with a maximum height of 3 feet, is permitted. If Council determines the proposed sign is a directional sign, a variance would be required. Alderman Murgatroyd opined a variance should be permitted and noted Gerstad Builders is aware of Council's sensitivity regarding signage concerns in the area. Alderman Glab arrived at 7:40 p.m. Alderman Glab was provided pertinent information regarding the advertising sign variance request discussion. Alderman Glab opined the units were selling well without a sign at that location and the subdivision is well underway and should not be inundated with commercial signage. Some discussion followed. Motion by Bolger, seconded by Wimmer, to approve the variance to allow the temporary 6' X 4' advertising sign for Boone Creek Townhomes at Dartmoor Drive east of Whitmore Trail, until August 30, 2003. Voting Aye: Bolger, Low, Murgatroyd, Wimmer Voting Nay: Glab. Absent: None. Motion carried. Alderman Glab inquired about the status of an additional sign off Dartmoor Drive, which may or may not have a permit. City Administrator Lobaito stated Staff will investigate the matter and advise Alderman Glab of the results no later than November 9, 2001. ORDINANCE LIMITNG PARKING ON KANE AVENUE WEST OF FRONT STREET Director of Community Development Napolitano reminded Council at the October 1, 2001 regularly scheduled Council Meeting, Cynthia Denz, manager of Mid-City Beauty Supply, located in the ReMax Plaza, expressed concern regarding parking on Kane Avenue west of Front Street. As Council will recall, Ms. Denz indicated delivery trucks were having difficulty turning from Kane Avenue into the rear of the ReMax Plaza when vehicles are parked on Kane Avenue. Page 5 11/5/01 `- Director Napolitano stated Council directed Staff to investigate the problem. Staff discovered Kane Avenue is primarily multi-family residential west of ReMax Plaza. Residents and/or guests of the units are parking on the street at various times throughout the day and evening. During business hours the parked vehicles interfere with the commercial operations to the east. It is Staffs recommendation that no parking be allowed on both sides of Kane Avenue, from the existing driveway at 4008 Kane Avenue east to the Front Street right of way. The parking limitation will reduce or eliminate conflicts between residential and commercial vehicles. Motion by Bolger, seconded by Low, to pass and approve an ordinance prohibiting parking on both sides of Kane Avenue from its intersection with Front Street to a point west, approximately 230' at the easternmost edge of the driveway located at 4008 Kane Avenue. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. EDGEBROOK DRAINAGE SPECIAL SERVICE AREA City Administrator Lobaito informed Council the Five-Year Capital Improvement Plan included approximately $1.0 million in drainage improvements to the Anne Street/Edgebrook Subdivision drainage area. At the April 11, 2001 regularly scheduled Council Meeting, Staff proposed the implementation of a Special Service Area to pay for fifty percent of the drainage improvements. The balance of the project would be considered the public benefit portion and should be financed through General Revenue Funds. At that meeting Assistant Administrator Maxeiner requested Council direct Staff to either: ■ proceed with the Special Service Area; or ■ propose and prepare a funding mechanism alternative. Following extensive discussion, Council suggested Staff continue moving forward with the project with project funding to be determined at a later date. At the August 13, 2001 Finance and Personnel Committee Meeting, Mayor Althoff suggested the Committee direct Staff to pursue the establishment of a Special Service Area to fund 50% of the Edgebrook Drainage Project. Finance and Personnel Committee Chairman Alderman Murgatroyd noted implementation could take several months stating the Special Service Area does not require definition, at this point, only whether it is a course of action Staff should pursue. The Committee directed Staff to gather additional information regarding the establishment of a Special Service Area and information concerning the properties included in the proposed area. City Administrator Lobaito advised Council Edgebrook Phase I improvements are �- expected to reach a final cost of $1.2 million. The Special Service Area would need to generate approximately $54,000, one half of $108,000, the annual debt service requirement, annually for fifteen years. The EAV for the proposed area is presently $119 million. Consequently, a tax rate of$9.0454 would be required to produce 50% of the debt Page 6 11/5/01 requirement. The owner of a $150,000 home could expect to pay approximately $23 in additional property taxes per year. Alderman Bolger continued to express his opposition to a Special Service Area. Alderman Murgatroyd suggested in the future when this type of funding is considered, encompassing a large area and a large dollar amount, the affected area should be polled as to the implementation of the project. Motion by Bolger, seconded by Glab, to discontinue further discussion and consideration of a Special Service Area for the Edgebrook Drainage Project and fund the project with General Fund dollars. Voting Aye: Bolger, Glab, Low, Wimmer Voting Nay: Murgatroyd. Absent: None. Motion carried. AUTHORIZATION FOR THE SALE OF ALTERNATE GENERAL OBLIGATION BONDS: ■ EDGEBROOK DRAINAGE PROJCT ■ NORTH INTERCEPTOR SEWER PROJECT; AND ■ MCCULLOM LAKE ROAD/ROUTE 31 INTERSECTION IMPROVEMENT PROJECT Mayor Althoff reminded Council, as authorized at the October 1, 2001 regularly scheduled Council Meeting, Staff is preparing to issue bonds for three public works project in the total amount of$5,000,000 as follows: • Edgebrook Drainage Project $1,400,000 • North Interceptor Sewer Project 2,650,000 • McCullom Lake Road and Route 31 Intersection Project 950,000 $5,000,000 Staff requested direction on three matters related to the bond issue: 1. Revenue source for bond repayment; 2. Bond structure and term of issuance; 3. Debt service payment distribution. Staff recommended using a 15-year maturity with debt service spread equally over the maturity schedule. Fifteen years allows the debt service payments to remain below $500,000 annually. Equal payments over time avoid the consequence of attempting to tailor the debt service payments to accommodate the retirement of other bond issues. Page 7 11/5101 Alderman Glab stated his preference to structure the bonds for twenty years. Alderman Bolger suggested obtaining the interest rate for each bond in order to take full advantage of the best rate. Alderman Bolger opined parts of the projects would be for Public Benefit. Utilizing a portion of the existing general fund or creating a Stormwater Utility Fee, as proposed by City engineering consultant Baxter and Woodman, might be considered. Page 7 11/5/01 Alderman Murgatroyd stated there is no source for funding the projects other than sales tax revenues. He concurred with Staff regarding the use of the fifteen-year maturity with debt service spread equally over the maturity schedule. Alderman Wimmer concurred with Alderman Murgatroyd. City Administrator Lobaito advised Council the interest rate would not vary considerably between the 15-year structure and the 20-year structure. The interest rate is based on the City's rating and the ability to repay the debt. City Administrator Lobaito stated the projected interest rate projected is 4%; however, the City may, dependent upon market volatility, possibly receive a lower or higher rate. Discussion ensued. Motion by Bolger, seconded by Murgatroyd, to authorize the sale of Alternate General Obligation Bonds in the aggregate amount of$5,000,000 as follows: • Edgebrook Drainage Project $1,400,000 • North Interceptor Sewer Project 2,650,000 • McCullom Lake Road and Route 31 Intersection Project 950,000 And ■ that the City pledge retail sales tax revenue for repayment of debt service; • the bonds be structured for repayment within fifteen years; • the debt service repayment schedule be spread equally over the life of the bonds Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. APPROVE THE EXPENDITURE OF $70,878 FOR 2002/2003 NISRA MEMBERSHIP DUES Director of Parks and Recreation Merkel advised Council the City of McHenry has been a participating member of the Northern Illinois Special Recreation Association (NISRA) since 1993. Annually Council has approved the membership dues and the budget for the coming fiscal year. The actual dues charged for each participating member will be subject to an adjustment based upon the actual equalized assessed valuation. The variance from the projected dues and the proposed dues should be nominal. Alderman Low commented positively on the City's participation in NISRA and her pleasure that special athletes are provided with the opportunity to compete and enjoy sports. Motion by Low, seconded by Bolger, to approve the expenditure of $70,878 for 2002/2003 NISRA Membership Dues. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer `- Voting Nay: None. Absent: None. Motion carried. Page 8 11/5/01 MAYOR—STATEMENT AND REPORT Mayor Althoff reminded Council of the McHenry Bank and Trust groundbreaking ceremony, 11:00 a.m. on November 13, 2001 at their new location on North Route 31. Council and Staff are invited to attend. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd reported a Finance and Personnel Committee meeting is scheduled for Monday, November 12, 2001 at 6:30 p.m. in the Aldermen Conference Room. Parks and Recreation Committee Chairman Alderman Low reported a Parks and Recreation Committee Meeting is scheduled for Thursday, November 8, 2001 at 7:00 p.m. in the Aldermen Conference Room. Alderman Glab advised he would be unable to attend but assured Chairman Alderman Low he would provide her with his comments in advance of the meeting. DEPARTMENT HEAD REPORTS Director of Community Development Napolitano reported he met with representatives of Portable Tool, located at the corner of Route 120 and Crystal Lake Road. He believes some issues were resolved. This matter is scheduled as an Agenda item at the regular scheduled November 19, 2001 Council Meeting City Administrator Lobaito noted he received a letter from the Crystal Lake YMCA Director stating the YMCA Board is in favor of continuing exploratory discussions. City Administrator Lobaito stated he will submit a Resolution, showing intent to continue discussion of a joint venture, for consideration at the November 19, 2001 regularly scheduled Council Meeting. City Clerk Jones advised Council of two bonfire permit applications received today: • Applicant, Robert Petersen of 1408 Millstream Drive for Wednesday, November 7, 2001; and • Applicants, Brian and Linda Keith of 4815 Prairie Avenue for Saturday, November 10, 2001 or Sunday, November 11, 2001. City Clerk Jones requested Council approve these bonfire permits and noted the Clerk's Office is providing applicants with information regarding procedures to follow in the future to bring matters of this nature before Council in a more timely manner. Motion by Murgatroyd, seconded by Bolger, to approve the following bonfire permit applications: ■ Robert Petersen of 1408 Millstream Drive for Wednesday, November 7, 2001; ■ Brian and Linda Keith of 4815 Prairie Avenue for Saturday, November 10, 2001 or Sunday, November 11, 2001. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Page 9 11/5/01 City Clerk Jones reported Ms. Cyndi Kottke has requested closure of Main Street, between Green Street and Route 31, on Friday, November 9, 2001 between the hours of 3:50 p.m. and 4:15 p.m. In honor of her mother's birthday, Ms. Kottke. would like the East Campus Marching Band to march to the intersection of Main Street and Route 31, perform two songs and return to East Campus. Director of Public Works Batt stated concerns regarding closure of a street during business hours on a Friday, particularly with construction in the surrounding vicinity. Alderman Murgatroyd opined the gesture is thoughtful but expresed concerns regarding the event taking place, without the consent of surrounding residents, and noted the impact on commercial establishments. Discussion ensued. Motion by Low, seconded by Glab, to deny the request of Ms. Cyndi Kottke to close Main Street between Green Street and Route 31 on Friday, November 9, 2001 between the hours of 3:50 p.m. and 4:15 p.m. and directed Staff to work with Ms. Kottke to seek a possible alternative plan for the event. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. L. Motion carried. NEW BUSINESS Alderman Glab addressed beautification and concerns about the multitude of advertising signs on display throughout Boone Creek and other developments. Mayor Althoff suggested Staff explore an alternative to the letter writing campaign to share information with developers and realtors regarding signage. EXECUTIVE SESSION Motion by Glab, seconded by Murgatroyd, to go into Executive Session at 8:30 p.m. to discuss Personnel. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:30 p.m. Motion by Bolger, seconded by Low, to return to Open Session at 8:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Page 10 11/5/01 Council went back into Open Session at 8:45 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 8:46 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:46 p.m. MAYOR CITY RK