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HomeMy WebLinkAboutMinutes - 08/13/2001 - City Council REGULAR MEETING AUGUST 13, 2001 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, August 13, 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, Assistant City Administrator Maxeiner, City Clerk Jones, Attorney Cahill, Director of Public Works Batt, Director Community Development Napolitano and Director of Parks and Recreation Merkel. Absent: City Attorney McArdle, Police Chief Kostecki. TEN MINUTE PUBLIC INPUT No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA: Alderman Glab requested the removal of the following Items from the Consent Agenda for further discussion: • Item No. 3, Use of Knox Park Barn, Temporary Sign and Waiver of Associated Fees by McHenry Area Jaycees for the Annual Haunted House; and ■ Item No. 4, Picnic Permit Requests - Parks and Recreation Department. Motion by Glab, seconded by Murgatroyd, to approve the Consent Agenda as amended: Proclamation: School's Open Safety Week August 27 — September 2, 2001; . Proclamation: International Hispanic/Latino Mental Health Week, October 1 — October 6, 2001; Block Party Requests: o September 29, 2001, Annette Cuda for Martin Woods Subdivision o September 25, 2001, Pam Abbott and Darlene Bielski for Mill Creek Subdivision Ordinance Approving Zoning Map Amendment and Conditional Use Permit for American National Bank • Letter of Engagement, Warren Associates, not to exceed $8,000; Final Pay Request, Schaefges Brothers, Inc., Concrete for Skate Park, $52,835.27; C Final Pay Request, Custom Landscaping for Skate Park, $54,429; • Final Pay Request, Thermo Engineering for Fueling System Upgrades, $2,429. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. USE OF KNOX PARK BARN, TEMPORARY SIGN AND WAIVER OF FEES - JAYCEES HAUNTED HOUSE Alderman Glab expressed concerns regarding the safety of Jaycees using Knox Park in light of existing construction in the area. Discussion gnsued. Page 2 8/13/01 Motion by Glab, seconded by Low, to approve the use of Knox Park Barn by McHenry Jaycees for the Annual Haunted House; to permit a Temporary Sign at Route 31 and Knox Drive; and to waive all associated fees. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. PICNIC BEER PERMIT REQUESTS Alderman Glab expressed concerns regarding beer and wine permits for picnics scheduled to take place in City parks between the dates of August 25, 2001 and September 22, 2001. He stated the Application and Permit for Beer and/or Wine is too vague. He opined the application should be more specific with regard to the amount of alcohol to be consumed. Discussion ensued. Motion by Bolger, seconded by Wimmer, to approve the Picnic Beer Permit Requests. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer .� Voting Nay: None. Absent: None. Motion carried. REQUEST BY WONDER LAKE SKI TEAM FOR USE OF PETERSEN PARK FOR ANNUAL HAUNTED HAYRIDE TEMPORARY SIGN PERMIT AND WAIVER OF FEES Alderman Glab requested this item be removed from the Agenda for further discussion. He further opined the ski team should consider relocating the placement of the proposed sign at the intersection of Winding Creek and Crystal Lake Road. He suggested the sign be located at the intersection of Bull Valley Road and Crystal Lake Road. REQUEST FOR SIGN VARIANCE - THE ROLL STORE 202 SOUTH ROUTE 31 Sheldon Clark, co-owner of the Roll Store, located at 202 South Route 31, addressed Council requesting a variance to allow the placement of advertising banners on existing light poles. Mr. Clark is proposing to install three banners. Each banner would be 2 '/2 feet x 7 '/z feet in size. The combined area for the three banners would be 56.25 square feet. Director of Community Development Napolitano stated the City sign regulations permit one freestanding sign with an area of 167 square feet and maximum height of 15 feet, as well as two wall signs, with a total area not to exceed 65 square feet. Director Napolitano noted there is currently one 75 square foot wall sign. There are no existing -� freestanding signs on the premises. Alderman Glab expressed concerns about the durability of the banners. Mr. Clark responded the manufacturer warranties the banners for a period of five to seven years. Page 3 8/13/01 L Motion by Bolger, seconded by Murgatroyd, to approve the request for sign variance by The Roll Store, located at 202 South Route 31, and to permit three 2 '/2 feet x 7 % feet banners having a total signage area of 56.25 square feet, for a maximum of one year. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. ORDINANCE AMENDING MUNICIPAL CODE, CHAPTER 10 - BURNING Director of Community Development Napolitano reminded Council the Community Development Committee at its July 18, 2001 meeting discussed and reviewed the City's current regulations regarding open burning. Director Napolitano noted it was the unanimous recommendation of the Community Development Committee to ban all open burning within the City with the exception of recreational burning. Director Napolitano stated the City's Environmental Advisory Commission supports this recommendation. Director Napolitano reminded Council current regulations prohibit the burning of leaves, construction materials and garbage or debris, but allow the burning of twigs and branches, cardboard and paper products. Enforcement of the current regulations is difficult due to three main enforcement issues: . Most illegal burning takes place on the weekends when the Community Development Department is closed and Staff is unavailable. o Oftentimes other debris is included in a burn pile and covered with branches and twigs, making a determination difficult as to what is being burned The regulations allow the burning of twigs and branches, but prohibit the burning of leaves. In many instances branches will have leaves on them. Director Napolitano stated several McHenry County communities have already banned all burning, except for recreational burning. Adequate alternatives are in place so that burning is no longer necessary. Director Napolitano concluded the proposed amendment to Chapter 10 of the Municipal includes language prohibiting burning in the City, except for recreational fires and controlled burns for environmental purposes. Recreational burning is defined as fires for cooking, portable fireplace grills and bonfires. Bonfires would be allowed only by special permit issued by Council. In response to Alderman Bolger's inquiry, Staff stated the ordinance would take effect ten days following Council approval. Alderman Glab opined Staff should more clearly define the difference between a gas grill and an outdoor fireplace. Discussion ensued. Page 4 8/13/01 Motion by Low, seconded by Murgatroyd, to accept the recommendation of the Community Development Committee and to approve an ordinance amending Municipal Code, Chapter 10, Burning Regulations to prohibit all open burning within the City, except for recreational fires and controlled burns for environmental purposes, and providing for a one-year grace period for the first offense and ticketing thereafter. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7 SECTION 7-22 - SUMP PUMPS Director of Community Development Napolitano reported at the July 18, 2001 meeting of the Community Development Committee discussion occurred regarding the City's existing regulations regarding sump pumps in the Municipal Code. Modifications were proposed to enable Staff to better address drainage issues caused by sump pump discharge occurring between abutting properties owners and instances where the public or private safety is jeopardized. Director Napolitano stated the amended ordinance includes language: ■ requiring the outlet of sump pump discharge piping to be oriented in such a manner as to discharge water in the direction of the engineered drainage for the subdivision; ■ requiring the discharge from a sump pump not cause a public or private nuisance on any adjacent or nearby property; ■ which will assist in resolution of disputes between abutting properties; and ■ to address public safety, i.e. drainage flow causing accumulation of ice on sidewalks or streets. Alderman Glab opined engineering for future subdivisions should include drainage easements. Discussion ensued. Motion by Glab, seconded by Bolger, approving an ordinance amending Municipal Code, Chapter 7, Section 7-22 of the Municipal Code, regulations and requirements for the use of and discharge from Sump Pumps. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. ORDINANCE VACATING A PORTION OF SOUTH STREET Director of Community Development Napolitano requested this item be pulled from the Agenda for further consideration. Page 5 8/13/01 PUBLIC WORKS DEPARTMENT WATER DIVISION PURCHASE OF TWO MINI VANS Director of Public Works Batt reported specifications were developed and bids were sought and opened on July 31, 2001 for the purchase of two Mini Vans for the Public Works Water Division. Buss Ford of McHenry was the lowest responsible bidder in an amount of $34,472.60. Director Batt noted the 2001-2002 budget provides for the purchase of these vehicles in the amount of$50,000. Motion by Murgatroyd, seconded by Low, to accept the low bid submitted by Buss Ford of McHenry, Illinois, and to approve the purchase of two mini vans for the Public Works Water Division in an amount not-to-exceed $34,472.60. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. PUBLIC WORKS DEPARTMENT WATER DIVISION PURCHASE OF UTILITY TRUCK Director of Public Works Batt reported specifications were prepared, bids were sought and opened on July 31, 2001 for the purchase of a utility pick-up truck for the Public Works Water Division. Gary Lang Auto Group was the lowest responsible bidder at $29,526.00. Director Batt noted the 2001-2002 budget provides for the purchase of this vehicle in the amount of$30,000. Motion by Wimmer, seconded by Bolger, to accept the low bid submitted by Gary Lang Auto Group of McHenry, Illinois, and to approve the purchase of a utility pickup truck for the Public Works Water Division in an amount not-to-exceed $29,526.00 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. LAKELAND PARK DRAINAGE STUDY In attendance were Baxter and Woodman Consulting Engineers representatives Carl Moon and Dawn Merriman. City Administrator Lobaito stated the Public Works Committee at its September 27, 2000 meeting discussed various drainage issues including that in the Lakeland Park Subdivision. The Public Works Committee recommended Council authorize the completion of a comprehensive Lakeland Park Drainage Study. Subsequently, on November 1, 2000, Council approved an engineering services agreement with Baxter & Woodman to perform the Lakeland Park Drainage Study. City Administrator Lobaito noted, as the Study was not completed at the time of budget preparation, no funds were set aside in the current fiscal year for any of the recommended improvements. Staff recommended, if Council determines specific improvements in the study be examined more closely, the discussion should be deferred to the Public Works Committee. Staff suggested the project be considered for funding within the five-year Capital Improvement Plan. Baxter and Woodman representative Carl Moon addressed Council stating the purpose of the study was to assess the capacity of the existing Lakeland Park culvert crossings and to make recommendations to reduce flooding in the surrounding community. Over the past several years the City has addressed Lakeland Park drainage problems. Installation of storm sewers and open ditch clean-up have resolved some of the flooding problems in the subdivision. Two areas of concern remain: 1. Willow Lane between Meadow Lane and Beach Road, in particular the southwest corner of Willow Lane and Knoll Avenue, and 2. The area along Clearview Drive. Mr. Moon explained the Hydrologic Engineering Center for the Army Corps of Engineers developed a River Analysis System, which was utilized to simulate a hydraulic model of the flooding along the Lakeland Park Drainage Ditch. The results of the analysis have shown the majority of the crossings along the ditch are causing restrictions and raising the water levels in the ditch. As a result, water overtops the banks and causes storm sewers to back up resulting in localized flooding of streets and yards. It has been observed that Meadow Lane was overtopped several times in recent years. Mr. Moon noted the study suggested four alternatives to reduce flooding along Meadow Lane and Clearview Drive. 1. Replacement of the Meadow Lane culvert, at a cost of$140,000; 2. Replacement of the Meadow Lane and the Orleans Street culverts, at a cost of$260,000 to $280,000; 3. Replacement of the Meadow Lane and Maple Avenue culverts, at a cast of $225,000 to $250,000; and 4. Detention. Mr. Moon reported detention was the least desirable of the four alternatives as detention requires a lot of space and most of the open space in the area considered is wetlands. Additionally, Mr. Moon observed the area has a high water table. Staff noted increasing the culvert size of Meadow Lane lowers the water elevation 15" upstream of the culvert in the 100-year event. Changing either of the other two culverts does little to affect the upstream area. A water elevation lowered by 15" would reduce problems experienced by residents upstream of Meadow Lane. Replacement of the twin elliptical culverts with a 12' x 6.8' box culvert would eliminate the clogging problems, which exist currently with the 76" x 48" twin culverts. Staff opined changing the culverts at both Meadow and Maple has very little impact downstream of Meadow; However, changing the culverts at both Meadow and Orleans has some impact upstream of the Oak culvert. There is no indication of adverse impact downstream of Meadow which would be attributable to changing the Meadow culvert. The impact of changing the Orleans culvert improves the water levels upstream of Orleans by about 9" in a 50-year event. The water level is reduced as one travels upstream toward Meadow. The impact of changing the Orleans culvert is approximately a 6" lower water elevation in the 100-year storm. Staff observed the largest problem experienced at Orleans was caused by debris clogging the culvert. Discussion ensued regarding culvert maintenance. Page 7 8/13/01 Alderman Murgatroyd recommended the Public Works Committee review the Lakeland Park Drainage Study, and suggested Staff explore financing and total project cost. Council concurred. ELECTED OFFICIALS EXPENSE ACCOUNT Assistant City Administrator Maxeiner reported the Finance and Personnel Committee at its July 11, 2001 discussed expense accounts for elected officials. It was Staff's recommendation, and the Finance and Personnel Committee concurred, the following three-point policy be approved: • The City provide a wireless phone for the Mayor. o The Mayor is expected to reimburse the City for personal calls placed on the wireless phone. • Create an annual $500 expense account for each Alderman and the City Treasurer, and an annual $5,000 expense account for the Mayor. o Reimbursement can include such things as conferences, seminars, travel for City business, and reference/educational materials. o Once an individual's annual expense account is exhausted, no further reimbursements are allowed until the following fiscal year. • All requests for reimbursement will be provided to the Council. �.. o If no objections are received from Council, within seven days of the issuance of the reimbursement request, the reimbursement will be executed. o Should any member of the Council question or object to a reimbursement item, full Council will address the request at a regular Council meeting. o Staff will not be involved in determining if a request is appropriate. Assistant City Administrator Maxeiner reported, based on the amount currently in the budget, approval of this policy will result in a budget increase of approximately $2,500 for expense accounts. It was noted, based on historical evidence, Staff does not expect official spending to approach the expense account limits. Motion by Murgatroyd, seconded by Low, to accept the recommendation of the Finance and Personnel Committee, and to approve an elected official expense account, and to implement the following policy: • The City provide a wireless phone for the Mayor. o The Mayor is expected to reimburse the City for personal calls placed on the wireless phone. • Create an annual $500 expense account for each Alderman and the City Treasurer, and an annual $5,000 expense account for the Mayor. o Reimbursement can include such things as conferences, seminars, travel for City business, and reference/educational materials. o Once an individual's annual expense account is exhausted, no further reimbursements are allowed until the following fiscal year. Page 8 8/13/01 • All requests for reimbursement will be provided to the Council. o If no objections are received from Council, within seven days of the issuance of the reimbursement request, the reimbursement will be executed. o Should any member of the Council question or object to a reimbursement item, full Council will address the request at a regular Council meeting. o Staff will not be involved in determining if a request is appropriate. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 FOR NORTH INTERCEPTOR SEWER PROJECT - BAXTER & WOODMAN Director of Public Works Batt addressed Council regarding execution of an Engineering Services Agreement, Amendment No. 2, submitted by Baxter & Woodman for engineering inspection and construction management services for the North Interceptor Sewer Project. Director Batt stated from the bid opening to the original construction contract final completion date, the total amount will not exceed $99,000, except as provided under Subsection 3.13 and 3.14. Motion by Murgatroyd, seconded by Wimmer, to approve and authorize the Mayor and City Clerk's execution of an Engineering Services Agreement, Amendment No. 2, between Baxter and Woodman and the City of McHenry, for the North Interceptor Sewer Project in an amount not-to-exceed $99,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Citing scheduling conflicts, Mayor Althoff requested Council make a motion re- scheduling the regular City Council meeting from Monday, September 24, 2001 to Wednesday, September 5, 2001. Motion by Murgatroyd, seconded by Wimmer, to reschedule the regular City Council meeting from Monday, September 24, 2001 to Wednesday, September 5, 2001. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. "1 Mayor Althoff, referencing her memorandum of August 13, 2001, reported there are currently four vacancies on the Plan Commission and one vacancy on the Zoning Board of Appeals. In an effort to resolve the current status of these boards, Mayor Althoff is Page 9 8/13/01 recommending the six remaining Zoning Board members be appointed to the Plan Commission, simultaneously serving on both boards. In addition, Mayor Althoff suggested Plan Commission member Roger Thacker be appointed to the Zoning Board of Appeals and that he serve on both boards. The result would be ten Plan Commission members and seven Zoning Board of Appeals members. Mayor Althoff noted combining the Plan Commission with the Zoning Board of Appeals can only be done at the beginning of the fiscal year, May Vt. She intends to make that recommendation prior to the commencement of the 2002-2003 fiscal year. Mayor Althoff advised Council increasing the number of Plan Commission members from seven to ten requires an amendment to the City's Municipal Code. Mayor Althoff requested Council approve an ordinance amending the Municipal Code and the Subdivision Control Ordinance increasing the number of Plan Commissioners from seven to ten members. Motion by Glab, seconded by Low, to approve an ordinance amending the Municipal Code and the Subdivision Control Ordinance increasing the number of Plan Commissioners from seven to ten members, and to approve the following Mayoral appointments with a term expiring May 1, 2002. Plan Commission Zoning Board of Appeals `- Harry Semrow Paula Eckstrom Roger Thacker Darick Franzen Chuck Lovett John Howell George Cadotte Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. Mayor Althoff reported she met with McCullom Lake's Village President and will keep Council apprised. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Low reported the Parks and Recreation Committee met on July 9, 2001. In attendance were several residents who expressed concerns about the Fox Ridge Park parking lot, specifically: ■ the proximity of the parking lot to the rear property lines of lots on Whitmore Drive; and ■ vehicle lights causing a nuisance to the homeowners during evening hours. Chairman Alderman Low reported it was the Committee's recommendation that Council consider the following: L ■ Installation of a gate at the Fox Ridge Park parking lot entrance to prevent vehicles from entering the parking lot after the park is closed; ■ Shorten the length of the Fox Ridge Park parking lot by 10-feet, providing a 30-foot separation from the rear lot lines for residences on Whitmore Drive; Page 10 8/13/01 ■ Install a minimum 4-foot high berm between the Fox Ridge Park parking lot and the rear yards of adjacent residences along Whitmore Drive. Chairman Alderman Low stated, under normal circumstances this matter would not be brought before Council in this format; however, the Fox Ridge Park parking lot is presently under construction and the matter must be addressed immediately. Motion by Low, seconded by Wimmer, to accept the recommendation of the Parks and Recreation Committee, and to direct Staff to: 1. Install a gate at the Fox Ridge Park parking lot entrance to prevent vehicles from entering the parking lot after the park is closed. 2. Shorten the length of the Fox Ridge Park parking lot by 10-feet, providing a 30- foot separation from the rear lot lines of residences on Whitmore Drive. 3. Install a minimum 4-foot high berm between the Fox Ridge Park parking lot and the rear yards of adjacent residences on Whitmore Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. Finance and Personnel Committee Chairman Alderman Murgatroyd reported a Finance and Personnel Committee Meeting was held this evening just prior to the Council Meeting. The Committee discussed Edgebrook Drainage financing options. Minutes of the meeting will be forthcoming. Public Works Committee Chairman Alderman Bolger informed Council a Public Works Committee meeting is scheduled for Wednesday, September 12, 2001 at 7:30 p.m. in the Alderman Conference Room. DEPARTMENT HEAD REPORTS Director of Public Works Batt reported Rubloff Development Corporation has been contacted regarding possible installation of water main lines serving the McHenry Towne Centre Subdivision and potential solutions. Director Batt stated construction of the Edgebrook Drainage Project spillway continues to be delayed pending IEPA permit. Director of Community Development Napolitano reported the August 16, 2001 Plan Commission meeting has been rescheduled to Wednesday, August 15, 2001 at 7:30 p.m. Director of Parks and Recreation Merkel reported Skate Park bike ramp was completed today. He stated preparations are underway for the handcart races scheduled for Sunday, August 19, 2001, at Petersen Park. A traveling trophy has been suggested. Director Merkel stated anyone wishing to participate should arrive by 8:30 a.m. In conclusion, Director Merkel reported summer staff performed an outstanding job and will be concluding their duties at the end of the month. Page 11 8/13/01 NEW BUSINESS Alderman Bolger suggested Council members be recognized by the Mayor prior to addressing Council. EXECUTIVE SESSION Motion by Murgatroyd, seconded by Bolger, to go into Executive Session at 9:10 p.m. to discuss the Purchase of Property. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:10 p.m. Motion by Murgatroyd, seconded by Glab, to return to Open Session at 9:25 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. '�-- Motion carried. Council went back into Open Session at 9:25 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:26 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None Absent: None Motion carried. The Meeting was adjourned at 9:26 p.m. r AYOR - CITY C17