HomeMy WebLinkAboutMinutes - 04/18/2001 - City Council REGULAR MEETING
APRIL 18, 2001
�— A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda,
at 7:30 P.M. on Wednesday, April 18, 2001 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey,
Murgatroyd, Baird. Absent: None. City Staff in attendance were: City Administrator Lobaito,
City Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki, Director Community
Development Napolitano, Director of Public Works Batt, Director Parks and Recreation
Merkel, Assistant Administrator Maxeiner. Absent: None.
TEN MINUTE PUBLIC INPUT
Alderman Andrew Glab of 5001 Oakwood Drive, addressed Council noting he was
not appearing as an alderman, but as a concerned citizen. He expressed extreme
reservations regarding the expansion of West Campus High School and potential
associated drainage problems to the surrounding area. He requested Council direct Staff
to review these plans thoroughly.
Carol Chrisman of 1411 Glen Drive, volunteer co-chair of the Project Zone
Skatepark, addressed Council, introducing committee members, Bud Smith of Jessup
Manufacturing, and Bob Jessup, President of Jessup Manufacturing, and his son, Scot
Jessup. Robert and Scot Jessup presented Ms. Chrisman with a $5,000 check, to be used
toward the construction of the Project Zone Skatepark and stated an additional $5,000 will
be presented next year. Ms. Chrisman provided Council with a Project Zone Skatepark
fund raising update. She noted the fund raising efforts continue and distributed a copy of
the most recent mailer.
RESOLUTION PRESENTATION TO MAJOR INVESTIGATIVE ASSISTANCE TEAM
REPRESENTATIVES
Ken Mrozek of the Major Investigative Assistance Team (MIAT) was in attendance.
Chief of Police Kostecki informed Council since the slaying of local businessman, Raul
Briseno, on March 6, 2001, ten McHenry County Investigators assigned to the Major
Investigative Assistance Team, commonly known as MIAT, have been investigating this
crime. Chief Kostecki presented a resolution recognizing the efforts of the members of the
Major Investigative Assistance Team.
Motion by Murgatroyd, seconded by Bolger, to pass a resolution in recognition of
the efforts of the Major Investigative Assistance Team and expressing the City of
McHenry's gratitude.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA:
Sl . Motion by Bolger, seconded by Baird, to approve the Consent Agenda as follows:
■ Approval: Proclamation recognizing National Volunteer Week, April 22-April 28,
2001;
■ Approval: Resolution in support of a Hazardous Household Waste Site in the
Page 2
4/18/01
City of McHenry;
■ Approval: Fiscal Year 2000-2001 Supplemental Appropriation Ordinance;
• Approval: Police Department dispatch area floor replacement in the amount of
$8,224;
■ Approval: Request to Connect to Police Alarm Board for Kohl's, 2450 N.
Richmond Road;
■ Approval: Request for Use of Veterans Park and Waiver of all associated fees
for Montini School Rainbows on Saturday, May 121h ;
■ Approval: City Council Minutes:
■ April 4, 2001 regularly scheduled meeting.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
VARIANCE TO PERMIT TWO DWELLING UNITS ON A SINGLE LOT — 3808
MILLSTREAM DRIVE
The applicants, Larry and Gail Holub, of 3808 Millstream Drive, were in attendance.
Director of Community Development Napolitano reported Mr. and Mrs. Holub are
requesting a variance to permit a second story addition that would effectively create two —�
dwelling units on a single lot in an RS-4 Single Family Zoning District. The addition
proposed by the Holubs would create a two-family dwelling structure which is permitted
only in an RM Zoning District. The second story would permit the applicants' parents to live
independently but remain nearby in an in-law arrangement. The proposed second story
addition includes two bedrooms, two bathrooms, a kitchen, laundry room area, and an
additional living space for office or den use.
Director Napolitano noted the City of McHenry has no specific regulations
addressing in-law arrangements. Staff in the past has reviewed each of these requests on
a site by site basis, and has focused on two critical design elements: access and size. In
regards to access, the City has required interior access be provided between a main unit
and the in-law area. In regards to size, in-law arrangements are typically smaller in size
than a traditional dwelling unit. Director Napolitano also noted the Holubs are requesting a
variance instead of a rezoning classification at Staffs recommendation. The subject
property should not be rezoned as it may establish a basis for further multi-family
conversions along Millstream Drive. Access to the new second floor would occur from two
new stairways located in the garage and front entrance to the home. Although both of
these accesses are interior, Staff noted they could easily be modified to create two
independent, private access units. A future property owner may take the opportunity to
convert the building into two totally independent units.
Staff noted the subject property is zoned RS-4 as are the adjacent properties to the
north, east and west. Properties located south are zoned RM2, Multi-family residential.
Staff expressed reservations regarding the applicants request, citing the eventual
possibility of creating a duplex in an RS4 Zoning District. Staff also noted the applicants
have agreed to remodel the second story addition, removing the kitchen, and converting
Page 3
4/18/01
`- the structure back to a single-family dwelling unit prior to any future property sale, which
could be made a condition of the variance. The Zoning Board of Appeals at its April 2,
2001 Public Hearing unanimously denied the applicants request for a variance. In light of
the unanimous recommendation for denial from the Zoning Board of Appeals, any
favorable Council action granting the variance requires a 2/3 majority vote.
In response to Council inquiry, Staff noted the existing property layout property
prohibits a less extensive in-law arrangement.
Mayor Cuda suggested Council grant a variance to the applicants with the
restrictions recommended by the City Attorney during the Zoning Board of Appeals Public
Hearing.
Motion by McClatchey, that a variance be granted to 3808 Millstream Drive to permit
modifications of the existing structure to accommodate a two-flat with two independent
dwelling units be permitted, subject to the following conditions:
1. the ordinance granting the variance be recorded against the property;
2. the kitchen be removed from the second story prior to sale of the property;
3. the premises not be used as an income producing property.
Motion died for lack of a second.
In response to Alderman Murgatroyd's inquiry, Staff noted this recommendation was
made by the City Attorney during the Zoning Board of Appeals Public Hearing. City
Attorney McArdle also suggested an additional condition be added requiring the unit to be
utilized solely as an in-law arrangement.
In response to Alderman Baird's inquiry regarding parking, the applicants
responded a total of six parking spaces exist on the property site. Some discussion
followed regarding the applicants agreement to constructing the second story without a
kitchen. In response to Council inquiry, the applicants stated their preference to construct
the second story addition with a kitchen. Some discussion followed.
Mayor Cuda recommended City Attorney McArdle draft a more restrictive ordinance
for Council reconsideration at the April 25, 2001 annual meeting.
SIGN REGULATION VARIANCES FOR THE RUBLOFF TOWN CENTRE AND MEIJER
/HOME DEPOT DEVELOPMENTS
Rubloff Development Group representatives Jim Loarie and Bob Dunning, as well
as their Attorney Joseph Gottemoller, were in attendance.
Director Community Development Napolitano informed Council Rubloff
�... Development Group is requesting sign variances for both the McHenry Town Centre
Subdivision development located east on North Route 31, and for the Meijer/Home Depot
Subdivision development located west on North Route 31. The McHenry Town Centre
Subdivision development variance request includes:
Page 4
4/18/01 ^,
■ Increased square footage area for tenant wall signs; and
■ Free-standing signs in addition to the allowable wall signs for the three outlot
entities.
The Meijer/Home Depot Subdivision development variance request includes:
• Increased square footage and number of wall signs for the Home Depot;
■ Free-standing signage, in addition to the allowable wall signage for the seven
outlot entities; and
■ Increased number and size of subdivision entrance signs.
Staff presented the following summary of the requested sign variances:
TOWN CENTER SHOPPING CENTER(East Side)
Wall Signs Allowed Proposed
Store Number SF Number SF Variance(s)
Famous Footwear 1 105 1 192 SF
Bath and Body Works 1 37.5 1 61.5 SF
Michael's 1 180 2 456.5 Number, SF
Office Max 1 174 1 294 SF
Circuit City 2 259.5 2 361.6 SF
Noe: Kohl's and Dress Barn wall signs are in compliance.
Freestanding Signs Allowed Proposed
Store Number SF Ht. Number SF Ht. Variance(s)
Outlots (3) 0 0 0 1/lot 40 8 Number, SF, Ht.
Note: The Development Entrance Sign for the shopping center is in compliance.
MEIJERIHOME DEPOT SHOPPING CENTER(West Side)
Wall Signs Allowed Proposed
Store Number SF Number SF Variances)
Home Depot 2 703.5 3 766.3 Number, SF
Note: No other wall sign variances are being requested at this time.
Freestanding Signs Allowed Proposed
Shopping Center Number SF Ht. Number SF Ht. Variances
Development Ent. 1 200 25 2 210 25 Number, SF, Ht.
or 2 100 8 1 149 10
Stores
Outlots (7) 0 0 0 1/lot 40 8 Number, SF, Ht.
Rubloff Development Group representatives have requested the additional square
footage for wall signs, citing the need for better identification and readability, as the
shopping center structures and entrances are set back from Route 31, because of the
potential FAP420 right-of-way. Attorney Gottemoller informed Council Rubloff
Development Group Inc. has agreed to the following Staff recommendations:
Page 5
4/18/01
`.. Freestanding Signs—Outlots:
a) Signs shall not exceed 6' in height, and 30 square feet as measured at the outside
dimensions of the sign;
b) Signs for each outlot shall be of the same design and of brick construction; and
C) No display/message boards shall be permitted.
Staff is also recommending additional square footage areas for the tenant wall signs
be permitted, citing the additional building setback and scale of proposed signs in relation
to building fagades.
Attorney Gottemoller noted Staff is recommending only two free-standing
subdivision entrance signs:
a) A 25' high sign at the south Route 31 entrance' and
b) A 10' high sign at the McCullom Lake Road entrance.
A brick base and supporting elements are required. Attorney Gottemoller stated Rubloff
Development Group is seeking a third sign at the North Route 31 entrance. The second
Route 31 subdivision entrance sign would match the entrance sign located south on Route
31. The third sign would be located at the north Route 31 Meijer/Home Depot Subdivision
entrance and would also be 25' high. Attorney Gottemoller noted a 13,000-14,000 foot
distance would exist between the two Route 31 entrance signs.
In response to Mayor Cuda's inquiry, Attorney Gottemoller noted all outlot free-
standing signs would be monument-style signs with brick bases.
Alderman Glab supported the limitation of two Meijer/Home Depot Subdivision
entrance signs.
In response to Alderman Bolger's inquiry, Rubloff Development Group
representative James Loarie noted Illinois Department of Transportation (IDOT) redesign
of the Town Centre Subdivision Route 31 access points is still being reviewed and
considered by the three affected existing businesses. A lengthy discussion followed.
Motion by Baird, seconded by McClatchey, to approve the following sign variances
for the Town Centre Subdivision Shopping Center Signs and Meijer Home Depot
Subdivision Shopping Center:
TOWN CENTER SHOPPING CENTER(East Side)
Store
Famous Footwear 1 wall sign - 192 SF
Bath and Body Works 1 wall sign—61.5 SF
Michael's 2 wall signs— total area 456.5 SF
Office Max 1 wall sign— 294 SF
Circuit City 2 wall signs—total area 361.6 SF
(3) Outlot Free-standing signs—each max. 30 SF in area and 6' in HT.
MEIJERIHOME DEPOT SHOPPING CENTER(West Side)
Home Depot 3 wall,signs—total area 766.3 SF
Page 6
4/18/01
"\
Shopping Center Number SF Ht. Number F- Ht. Variances
Development Entrance Signs:
2 signs— each max. area 210 SF and 25' in HT located at Route 31 N and S entrances
1 sign- max. area 149 SF and 10' in HT located at McCullom Lake Road entrance
(7) Outlot Free-standing signs—each max. 30 SF in area and 6' in HT.
subject to the follow conditions:
■ Free-standing Outlot Signs shall not exceed 6' in height, and 30 square feet as measured at
the outside dimensions of the sign;
■ Signs for each outlot shall be of identical design and of brick construction; and
■ No display/message boards shall be permitted on free-standing outlot signs.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
2001-2002 NISRA BUDGET RATIFICATION
Director of Parks and Recreation Merkel reported the City of McHenry has been a
participating member of the Northern Illinois Special Recreation Association (NISRA) since
1993. Council annually approves the NISRA membership budget. The proposed 2001-
2002 NISRA Budget was reviewed at the NISRA Board of Trustees Meeting on Monday,
April 9, 2001. The NISRA Bylaws require a 2/3 membership majority approval for
ratification. Membership dues were approved by the McHenry City Council at the
November 1, 2000 City Council Meeting.
Motion by Bolger, seconded by Baird, to approve the 2001-2002 proposed NISRA
Budget as presented.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
FOX RIDGE PARK EQUIPMENT AWARD OF BID
Director of Parks and Recreation Merkel informed Council, bids for bleachers and
players benches for the Fox Ridge Park were developed and sought. Five bids were
received and opened on Tuesday, April 10, 2001 at 11:00 a.m. The 2000-2001 Budget
includes $20,000 for this project. The low bid for 15 sets of bleachers and 10 park benches
was from Kay Park-Rec Corporation of Janesville, Iowa in the amount of$22,965.20.
Director Merkel noted, although this bid is slightly over budget, the overall
development cost of Fox Ridge Park is within the projected budget total of $225,000. .-.!
In response to Council inquiry, Director Merkel noted the Fox Ridge Park
Development Project is scheduled to begin sometime at the end of July, 2001, with a
completion date of September 30, 2001.
Page 7
4/18/01
�.- Alderman Murgatroyd initiated a discussion regarding the need for fifteen sets of
bleachers, as the Fox Ridge Park ballfields were to be used only as practice fields. Mayor
Cuda and Alderman Glab supported the reduction of the number of bleacher sets. Director
Merkel noted substantial bid revisions may necessitate a rebidding process. In addition, a
reduction in the number of bleacher sets, may affect the unit price. Discussion continued.
Director Merkel informed Council the local VFW Baseball Association has
requested Council permission to piggyback their bleacher purchases with the City. Director
Merkel suggested, once Council awards the bleacher purchase bid, negotiations can occur
to obtain a similar purchase price for the VFW Baseball Association. Council concurred
with Director Merkel's recommendation.
It was the consensus of Council to award the bid to Kay Park-Rec Corporation of
Janesville, Iowa, as presented. In response to Alderman Murgatroyd's request for
clarification, Alderman Baird stated his motion would not include the sale of 4 of the 15
bleachers to the VFW Baseball Association. However, as per Director Merkel's suggestion,
Staff can negotiate additional bleacher purchase for the VFW Baseball Association, as
stated by Director Merkel.
Motion by Baird, seconded by Bolger, to award the purchase contract for the Fox
Ridge Park Bleacher and Park Bench Bid to the low bidder, Kay Park-Rec Corporation of
Janesville, Iowa, in an amount not-to-exceed $22,965.20.
Voting Aye: Bolger, McClatchey, Baird.
Voting Nay: Glab, Murgatroyd.
Absent: None.
Motion carried.
ANNE STREET/EDGEBROOK SUBDIVISION DRAINAGE IMPROVEMENTS BID AWARD
Director of Public Works Batt informed Council bid specifications were developed
and sought for the Anne Street/Edgebrook Subdivision Drainage Improvements Project.
Four bids were received and opened on Tuesday, April 10, 2001. Thelen Sand and Gravel
was the low bidder for both the project's base bid in the amount of$660,294.55, as well as
for Alternate A in the amount of $186,000, for a total bid amount of $846,294.55. Alternate
A includes the new spillway at John Street on the McHenry Country Club property.
Director Batt noted the 2000-2001 Budget includes a line item of $500,000 for this
project. City engineering firm Baxter and Woodman estimated the project at $650,000.
Director Batt noted under normal circumstances he would recommend the project be rebid.
However, in light of the project's coordination with McHenry Elementary School District
15's school renovations and parking lot improvements, this option may not be feasible.
McHenry Elementary School District 15 has also offered to contribute some monies toward
this project.
In response to Alderman Baird's inquiry, Director Batt stated he had met with
representatives of the low bidder in an attempt to identify possible project cost reductions.
Director of Public Works Batt explained the project's significant costs included:
Page 8
4/18/01
■ the new entrance structure and trash grate;
■ the structure containing both pipes on the west side of Green Street;
■ the spillway.
A cost reduction for any or all of these three items was not possible. Director Batt opined
some cost reduction may be available within the proposed sanitary work.
Alderman Murgatroyd noted the school's contribution and the possibility of cost
reductions in the sanitary work could potentially create a total project cost which is only
10% over original estimates. Some discussion followed.
Motion by Murgatroyd, seconded by Bolger, to award the Anne Street/Edgebrook
Subdivision Drainage Improvement Project including Alternate A, to the low bidder, Thelen
Sand and Gravel of Antioch, Illinois, in a total amount not-to-exceed $846,294.55.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
ROYAL DRIVE MEDIAN SELECTION
Smith Engineering representative Scott Smith was in attendance. Although four
separate designs were developed, Staff presented only the most and least intense and "1
costly for Council consideration:
■ Plan 1A includes four separated curbed medians with no landscaping, with the
exception of grass. Bi-directional access is possible from all existing entrances, with
the exception of the Oaks Marathon Station access nearest Crystal Lake Road, which
would be a right-in right-out only. The cost for these improvements is estimated at
approximately $71,000;
■ Plan 2 includes a minimally curbed island to prevent left hand turns into the Oaks
Marathon Station entrance located nearest Crystal Lake Road, as well as a curb
adjustment to set up the turn lanes at Crystal Lake Road.
Thermoplastic striping is included for both Plan 1A and Plan 2. Director Batt also
noted median landscaping, if approved, should address sight distance concerns. Project
cost estimates do not include any landscaping. However, a sprinkler system is included in
both proposals.
Aldermen Bolger and Glab expressed reservations regarding both the proposed
median designs. Some discussion followed.
Director Batt reminded Council these improvements were designed to be
implemented in conjunction with the traffic signal installation at Front Royal Drive and
Crystal Lake Road. Alderman Glab suggested Staff obtain input from the affected Front
Royal Drive property owners. Further discussion followed. It was the consensus of Council
to defer the selection of a median design for Royal Drive, until Staff contacted and
obtained input from the affected Front Royal Drive property owners.
Page 9
4/18/01
`.- RESOLUTION OF THE RECREATION CENTER CONSTRUCTION FUND
At the April 4, 2001 regularly scheduled Council Meeting, Alderman Baird requested
the issue of the Recreation Center Construction Fund totaling $1.034 million be discussed.
He noted the failure of the Recreation Center Advisory Referendum Question suggests
Council should consider releasing the Recreation Center Construction Fund monies for
other designated Park and Recreation Department projects.
Staff is recommending two options:
1. The current Council could dissolve the Recreation Center Construction Fund,
transferring these monies to the Parks Developer Donation Funds. These funds could
then be used for any purpose covered by the Parks Developer Donation Ordinance.
Additional Parks and Recreation Department Projects could be included in the 2001-
2002 proposed budget;
2. The current Council could defer the Recreation Center Construction Fund status to the
newly elected City Council.
A lengthy discussion followed. Alderman Baird noted these designated Recreation
Center Construction Fund monies, even while earning interest, become less and less
valuable as construction costs significantly increase by 10% or more per year.
Aldermen Glab and Bolger suggested this issue be sent to the Parks and
Recreation Committee for further consideration. It was the consensus of Council to send
this issue to the Parks and Recreation Committee for consideration by the next City
Council.
MAYOR—STATEMENT AND REPORT
Mayor Cuda provided Council with an updated status report regarding the McHenry
Shores Water Company bankruptcy case. He noted Mr. Matthews has succeeded in
raising sufficient funds to pay off the bankruptcy debt. Therefore, there is no longer an
opportunity for the City of McHenry to obtain the McHenry Shores Water Company at a
reasonable price.
COMMITTEE REPORTS
Finance and Personnel Committee Chairperson Alderman Murgatroyd informed
Council the Finance and Personnel Committee has tentatively approved the proposed
2001-2002 Budget. The draft will be presented to full Council for formal approval at the
April 25, 2001 Annual Meeting.
DEPARTMENT HEAD REPORTS
Director Community Development Napolitano informed Council the McAndrews
Farm Subdivision Development has completed its appearance before the McHenry County
Planning and Development Committee. Tentative Plat approval will be scheduled for
consideration at the McHenry County Board within the near future. Director Napolitano
reminded Council any objection the City wishes to file must be done at this time. Staff will
develop and submit a formal written objection to the McAndrews Farm Subdivision
Tentative Plat, as per Council instruction.
Page 10
4/18/01
Director Public Works Batt reported City engineering firm Baxter and Woodman has
completed the City's Facility Plan update. Presentation of the updated Plan will be placed
on a regularly scheduled Council Meeting Agenda in May.
Director Parks and Recreation Merkel reported both Freund and Knox Park
replacement playground equipment have been installed. Ballfield turf renovation and
restorations have been completed. Both men and co-ed softball leagues have been filled.
The Annual Arbor Day Celebration Ceremony has been scheduled for Friday, April 27,
2001, at 3:00 p.m. Director Merkel also reported a McCullom Lake Carp Derby Planning
Meeting has been scheduled for Monday, April 23, 2001.
In response to Mayor Cuda's inquiry, City Administrator Lobaito reported a letter
addressing permitted boat motor size has been sent to all property owners along
McCullom Lake. The written notification also included information regarding access and
operational hours of the public beaches.
Chief of Police Kostecki reported the Police Commission had conducted patrol
officer testing on Saturday, April 14, 2001. All eight participants passed both the written
and power tests.
NEW BUSINESS
There was no New Business.
ADJOURNMENT
Motion by McClatchey, seconded by Baird, to adjourn the meeting at 9:46 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None
Absent: None
Motion carried.
The Meeting was adjourned at 9:46 p.m.
j;
MAYOR CI CLERK