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.
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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.
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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.
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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.
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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.
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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.
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• 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
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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;
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■ 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.
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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.
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AYOR - CITY C17