HomeMy WebLinkAboutMinutes - 03/07/2001 - City Council REGULAR MEETING
�- MARCH 7, 2001
A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda,
at 7:30 P.M. on Wednesday, March 7, 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.
Mayor Cuda introduced newly-hired Parks and Recreation Department Employees,
Debra Glick and William Hobson. Council welcomed both and stated their pleasure at
meeting them.
TEN MINUTE PUBLIC INPUT
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA:
At Alderman Glab's request, Item #4, Request to Post Signs by the Riverwood
School Annual Spring Fling Craft Show Committee, was removed from the Consent
Agenda.
Motion by Bolger, seconded by Glab, to approve the Consent Agenda as follows:
■ Approval: Request to advertise for Bids - Edgebrook Stormwater Drainage
Improvements;
■ Approval: Request to advertise for Bids - Police Department Outdoor Warning
Siren;
■ Approval: Request to hire Replacement Telecommunications Operator by Police
Department;
■ Approval City Council Minutes:
■ February 5, 2001 Special Meeting;
■ February 14, 2001 Regularly Scheduled Meeting;
■ February 21, 2001 Regularly Scheduled Meeting;
■ Approval: List of As-Needed Checks:
GENERAL FUND
AFLAC 1,495.00
FIRST MIDWEST BANK 82.95
FOP UNITS I/II 1,120.00
GABRIS, DR GERALD T 300.00
IMRF 33,039.52
NATIONAL GUARDIAN LIFE I 148.83
NCPERS GROUP LIFE INS. 255.00
PETERSEN, ROBERT G 3,033.20
SECRETARY OF STATE 78.00
UNITED STATES LIFE INSUR 826.20
UNIVERSITY OF ILLINOIS 30.00
WALMART COMMUNITY BRC 620.40
EMPLOYEE INSURANCE FUND
HEALTH PLAN MANAGEMENT 17,260.35
DEVELOPER DONATION FUND
PETERSEN, ROBERT G 3,033.20
Page 2
3/7/01
WATER/SEWER FUND
UNITED STATES LIFE INSUR 129.60
GRAND TOTALS 61,452.25
GENERAL FUND
BAXTER & WOODMAN 30.00
DEPARTMENT OF NATURAL RE 808.25
IACE 25.00
ILLINOIS FBI NA 15.00
ILLINOIS FIRE & POLICE 295.00
MCHENRY COUNTY CHIEFS OF 36.00
NAPM 220.00
NET SPECIALISTS 4,500.00
PETTY CASH FUND 136.58
POSTMASTER MCHENRY IL 562.12
RETAINED PERSONNEL ESCROW
MCHENRY COUNTY RECORDER 36.00
PICKUS CONSTRUCTION 375.00
WATER/SEWER FUND
PETTY CASH FUND 60.00
POSTMASTER MCHENRY IL 219.60
BOND RESERVE FUND
HOME STATE BANK 300,000.00
GRAND TOTALS 307,318.55
FUND GRAND TOTALS
GENERAL FUND 47,657.05
EMPLOYEE INSURANCE FUND 17,260.35
DEVELOPER DONATION FUND 3,033.20
RETAINED PERSONNEL ESCROW 411.00
WATER/SEWER FUND 409.20
BOND RESERVE FUND 300,000.00
GRAND TOTAL 368,770.80
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO POST SIGNS — RIVERWOOD SCHOOL ANNUAL SPRING FLING CRAFT
SHOW
Alderman Glab expressed some reservations regarding the request to place an
advertisement sign announcing the Riverwood School Annual Spring Fling Craft Show
scheduled for April 7, 2001 at the intersection of Front Royal Drive and Crystal Lake Road.
He opined this intersection was not a major arterial commercial thoroughfare, but served
as an entrance to a residential neighborhood.
In response to Alderman Glab's inquiry, City Clerk Althoff noted the sign request for
the Driftwood Trail and Glenbrook Trail intersection was for placement in the City's right-
of-way, as Council permission is not needed for placement on private property. Some
discussion followed.
Page 3
3/7/01
`.. Motion by Baird, seconded by Murgatroyd, to grant the request of the Riverwood
School Annual Spring Fling Craft Show Committee, and permit the placement of craft show
advertising signs at the following locations:
■ Route 31 at Richmond Road
■ Route 31 at Miller Highway
■ Green Street at Miller Highway
■ Route 120 at Crystal Lake Road
■ Front Royal Drive at Crystal Lake Road
■ Bull Valley Road at Crystal Lake Road
■ Driftwood Trail at Glenbrook Trail
■ Route 31 at McCullom Lake Road
From Saturday, March 20 through Saturday, April 7 h.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
2001 FIESTA DAYS SCHEDULE PRESENTATION
McHenry Area Chamber of Commerce President and Chief Executive Officer Debra
Harr, as well as the Fiesta Days Committee, were in attendance. President Harr addressed
Council presenting the following the 49th Annual Fiesta Days Event Schedule for July 13,
2001 through July 22, 2001:
Friday.July 13"' Saturday,July 14'" Sunday.July 15"'
6 pm—11 pm 2 pm—11 pm Noon—10 pm
Big Band Night Food Fiesta Day#1 Food Fiesta Day#2
Entertainment Entertainment Entertainment
Petersen Park Petersen Park Petersen Park
BeerWine Service Beer/Wne Service Beedwine Service
Volleyball Toumament Volleyball Tournament
Plywood Boat Challenge(McCullom Lake Car Show—9 am to 2 pm
Amusement Rides Amusement Rides
Thursday.July le Friday.July 2(r Saturday.July 21' Sundav,July,?e
6 pm—9:30 pm 3 pm—8 pm All Day 11 am—6 pm
Concert in the Park Kid's Ice Cream Social Sidewalk Sales Jaycees BBQ Gircken Dinner
Parade Marshal and Kid's Entertainment Arts&Crafts in the Park Parade—1:30 pm*
Sponsor Ceremony Veteran's Memorial Park 9:30-4:30 Vet's Park Entertainment in Gazebo after Parade
&:45 PM—8:15 PM No BeerNVine Service Antique Boat Show 3 pm to 5 pm Vers Paris
Entertainment 10 am—3 pm No BeedWine Service
City Stage Band Dobyn's House Pier
BeerNVine Service
Veteran's Memorial Park
• 2001 Parade Route.Main Street to Green Street to Pearl Street to Riverside Drive to Washington Street.
Ms. Harr noted the Parade Marshal Event and Ceremony has been returned to
Thursday evening in conjunction with the City Band Concert.
In response to Council inquiry, Ms. Harr also provided Council with a tentative band
�' line-up for the Food Fiesta Weekend.
Page 4 '1
3/7/01
Motion by Bolger, seconded by McClatchey, to approve the 2001 Fiesta Days
Schedule of Events as presented:
Friday.July 13"' Saturday.July 14"' Sunday,July 15'"
6 pm—11 pm 2 pm—11 pm Noon—10 pm
Big Band Night Food Fiesta Day#1 Food Fiesta Day#2
Entertainment Entertainment Entertainment
Petersen Park Petersen Park Petersen Park
Beer/Wine Service Beer/Wine Service Beer/wine Service
Volleyball Tournament Volleyball Tournament
Plywood Boat Challenge/McCullom Lake Car Show—9 am to 2 pm
Amusement Rides Amusement Rides
Thursday.July 19" Friday.July 21f Saturday,Jul 21" Sunday,July 22""
6 pm—9:30 pm 3 pm—8 pm All Day 11 am—6 pm
Concert in the Park Kid's Ice Cream Social Sidewalk Sales Jaycees BBQ Chicken Dinner
Parade Marshal and Kid's Entertainment Arts&Crafts in the Park Parade—1:30 pm`
Sponsor Ceremony Veteran's Memorial Park 9:30-4:30 Ve s Park Entertainment in Gazebo after Parade
&:45 PM—8:15 PM No BeerIWine Service Antique Boat Show 3 pm to 5 pm Vet's Park
Entertainment 10 am—3 pm No BeedWine Service
City Stage Band Dobyn's House Pier
BeerMine Service
Veteran's Memorial Park
2001 Parade Route:Main Street to Green Street to Pead Street to Riverside Drive to Washington Street.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Aldermen Glab and McClatchey thanked the Chamber of Commerce Board as well
as the Fiesta Days Committee for their efforts on behalf of the City of McHenry in
conjunction with the Fiesta Days week-long activities.
PARK RIDGE ESTATES FENCE RESTRICTIONS
City Resident and homeowner Paul Zerrien of 4910 Joyce Court was in attendance.
Director of Community Development Napolitano informed Council Staff is in receipt of
letters from Park Ridge Estates Subdivision property owners whose rear lot lines back up
to Crystal Lake Road. These property owners are seeking the removal of the Park Ridge
Estates Plat restriction regarding fencing. The property owners will then request a variance
to install fencing along their Crystal Lake Road frontage.
Director of Community Development Napolitano stated phase 2 of the Park Ridge
Estates Subdivision includes twelve lots which back up to Crystal Lake Road. Language
included on the recorded Park Ridge Estates Subdivision Plat prohibits fencing within 30'
of the Crystal Lake Road right-of-way and requires all fencing parallel to the Crystal Lake
Road right-of-way to be no higher than five feet with a natural color and standard, flat top -1
board on board design. Municipalities can not authorize a variance from recorded
restrictions.
Page 5
3/7/01
`.- Mr. Zerrien explained he would like to install a privacy fence along his Crystal Lake
Road lot line. As his home is setback only 32' from the Crystal Lake Road lot line, little
practical area is left in his yard to enclose.
Mr. Franklin of 111 Oakton Street has already installed a 3' high split rail fence
along the Crystal Lake Road lot line without obtaining a building permit. He seeks
permission from Council to retain his decorative split rail fencing.
When asked, both property owners indicated they were unaware of the fence
restrictions when they purchased the lots. City of McHenry fence regulations require all
fences, with the sole exception of split rail fences, located in a yard abutting a street to be
setback a minimum of 30' from the street's right-of-way line.
In response to Council inquiry, Staff explained the restrictions placed on these lots
were enacted to ensure a consistent look for fencing along Crystal Lake Road. These
restrictions are identical to the fence restrictions placed on the Pebble Creek Subdivision
along Green Street, and on the Boone Creek Subdivision along Dartmoor Drive and
Curran Road. Director Napolitano noted while the intent of the fence restrictions was to
create a more consistent appearance, in the Park Ridge Estates Subdivision case, an
appearance has already been established with many styles, colors and sizes of existing
fencing along Crystal Lake Road north and south of Park Ridge Estates. Staff sees no
objection to the removal of the fence restriction on the Park Ridge Estates Subdivision
Plat. In addition, Park Ridge Estates Subdivision developers, Windsor Development, has
submitted a letter stating they have no objections to the removal of the fence restrictions
found on the subdivision plat. Some discussion followed regarding the process on how to
remove the fencing restrictions from the plat.
In response to Council inquiry, Staff noted approximately seventeen lots are
affected by the fence restriction. It was the consensus of Council to direct City Attorney
McArdle to proceed with the removal of the fencing restriction language from the Park
Ridge Estates Subdivision Phase 2 Final Plat.
In response to Alderman Glab's inquiry, City Administrator Lobaito stated Staff will
investigate the placement of home advertising signs along Crystal Lake Road right-of-way.
JOHN STREET SANITARY SEWER REPLACEMENT AWARD OF BID TO GLENBROOK
EXCAVATING & CONCRETE
City engineering firm Baxter and Woodman representative Carl Moon was in
attendance. Assistant Director Public Works Marcinko reported bid specifications were
developed and bids sought for the John Street Sanitary Sewer Replacement Project. The
project includes labor, materials, tools and services required for the construction of the
sanitary sewer system improvement for John Street from Route 31 east to Green Street.
The 2000-2001 Budget reflects a project cost of$300,000.
Eight bids were submitted and opened on Tuesday, February 27, 2001. The low
bidder was Glenbrook Excavating and Concrete Inc., of Prairie View, Illinois, in the amount
Page 6
3/7/01
of $282,216. Assistant Director Marcinko noted the contract is a unit price contract with a
substantial completion date of June 15, 2001.
In response to Alderman Bolger's inquiry, Assistant Director Marcinko noted the
project will begin within the next two weeks, subsequent to preconstruction conferences
and executed contracts.
In response to Alderman Baird's inquiry, Assistant Administrator Maxeiner noted the
project will be expensed through the Water and Sewer Fund Reserves.
Motion by McClatchey, seconded by Bolger, to award the John Street Sanitary
Sewer Replacement Project unit price contract to the low bidder, Glenbrook Excavating
and Concrete Inc., of Prairie View, Illinois, in the amount of$282,216.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
FOX RIDGE PARK DEVELOPMENT PROJECT MANAGEMENT PROPOSAL - SMITH
ENGINEERING CONSULTANTS
Director of Parks and Recreation Merkel reported, as per his statement at the
February 21, 2001 regularly scheduled Council Meeting, Smith Engineering Consultants
has submitted a proposal for project management and coordination of the Fox Ridge Park
Improvements. The project is scheduled to begin this summer, with a completion date of
September 7, 2001. Smith Engineering has submitted a project proposal in the amount of
$4,461.50. The 2000-2001 Budget includes monies for this work.
Motion by Bolger, seconded by Baird, to approve the Smith Engineering
Consultants Inc. proposal for construction management and project coordination for Fox
Ridge Park Improvements in an amount not-to-exceed $4,461.50.
Voting Aye: Bolger, McClatchey, Murgatroyd, Baird.
Voting Nay: Glab.
Absent: None.
Motion carried.
MUNICIPAL CENTER TUCKPOINTING AWARD OF BID TO GC MASONRY &
TUCKPOINTING
Assistant Director of Public Works Marcinko informed Council bid specifications
were developed and bids sought for the tuckpointing project at the McHenry Municipal
Building. The tuckpointing project includes repair of various roof leaks around the HVAC
units and replacement of all the caulk around the Municipal Building windows. A May 1, -,
2001 completion date has been specified.
Five bids were submitted and opened on Tuesday, February 13, 2001. The low
bidder was GC Masonry and Tuckpointing of Hinsdale, Illinois, in the amount of$26,900.
Page 7
3/7/01
L.. In response to Alderman Baird's inquiry regarding warranty, Assistant Director
Marcinko reported the product is guaranteed for 10 years; however, the material and labor
are guaranteed for one year.
Motion by Baird, seconded by Glab, to award the Tuckpointing Project for the
McHenry Municipal Building to the low bidder GC Masonry and Tuckpointing of Hinsdale,
Illinois, in an amount not-to-exceed $26,900.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MCANDREWS FARM SUBDIVISION OBJECTION
Mayor Cuda noted developers Jim Schaid and Ken Koreba were in the audience.
He explained the proposed McAndrews Farm Development, which is located on the north
side of Bull Valley Road, just west of Draper Road, is currently proceeding through the
McHenry County Planning Review Process. The Tentative Plat was recently reviewed by
the County Staff Plat Review Committee. The next step in the process is for the developers
to apply for a zoning reclassification and Planned Unit Development. Upon application, a
meeting is scheduled before the McHenry County Zoning Board of Appeals. Thereafter,
the full County Board considers and votes on the proposed development. Any objection
must be filed prior to the County Board's formal consideration of the project. Written
protests must be sent via certified mail to the Petitioner and the Petitioner's Attorney.
Copies of the written protest and certified mail returns receipts must be filed with the
County Clerk no less than twenty-four hours before the County Board considers the
development proposal.
Citing time constraints, Mayor Cuda suggested Council consider formally objecting
to the proposed McAndrews Farm Development.
In response to Council request, Director of Community Development Napolitano
reviewed the McAndrews Farm Development Proposal. The Development is comprised of
approximately 94.4 acres and includes 98 total units: 14 single family lots; 32 attached
two-family units; and 52 attached four-family units. Approximately 62.64 acres will be
preserved as open space or 66% of the property. All the units will have the appearance of
single-family residences. The proposed subdivision will be developed with well and a
community septic system. Some discussion followed.
City Administrator Lobaito, referencing Planning Resources principal Pete
Pointner's memo, noted the McAndrews Farm Development, as presented, is inconsistent
with the City's Comprehensive Plan. He enumerated the following justification:
1. The allowable density as determined by the City of McHenry's Comprehensive Plan
�.. limits the total number of dwelling units to approximately 54. The McAndrews Farm
Development currently proposes 94 units.
2. The location criteria for the City of McHenry's Comprehensive Plan's multi-family
housing is not met. The site is not in proximity to concentrations of employment,
Page 8
3/7/01 •1
shopping, public uses, or public parks and open space.
3. The plan is opposed to septic system development. This area was identified for estate
residential, only because it was deemed unlikely to be served by municipal sewer
utilities. If available for City service, a pre-annexation agreement should be signed, and
the developer should pay their fair share for the extension of sanitary sewer service
lines, and any required increase in sewer treatment capacity.
Alderman Glab opined the overall plan was acceptable, but not in that specific
location. He suggested this development may negatively impact future Shamrock Farm
residents, specifically, with surface water runoff problems.
Alderman McClatchey objected to the proposal as presented. Mayor Cuda opined
Council should object to the McAndrews Farm Development requiring the development to
seek sanitary sewer service from the City of McHenry. Commercial septic systems
eventually fail, and, under these potential circumstances, residents will seek relief from the
City of McHenry.
McAndrews Farm Developer Jim Schaid addressed Council. Mr. Schaid noted the
proposed overall density of the project was one unit per acre. He also noted no curb cuts
are being proposed on Bull Valley Road. He noted the developers had originally sought
annexation and zoning reclassification from the City of McHenry. Citing the time sensitivity
of the McAndrews Farm Development, annexation to the City of McHenry was deemed
impractical, due to the stated time frame for the Shamrock Farm Development approval.
Mr. Schaid took exception to Planning Resources principal Pete Pointner's
statements, noting the proposed McAndrews Farm Development was an excellent
transitional development between the City of McHenry and the Village of Bull Valley.
In response to Council inquiry, Staff noted no information was available regarding
the status of the Village of Bull Valley's objection filing.
Mayor Cuda stated provisions should be made with the City of McHenry for future
sanitary sewer connections. A lengthy discussion followed.
Alderman Baird stated Council should object to the proposed McAndrews Farm
Development based on the lack of municipal sanitary sewers for this project.
Motion by Baird, seconded by Glab, to direct Staff to prepare the appropriate
paperwork to send to the developer's attorney and the County Clerk for the City of
McHenry to formally object to the proposed McAndrews Farm Development.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. -IN
Voting Nay: None.
Absent: None.
Motion carried.
Page 9
3/7/01
ORDINANCE AMENDING MUNICIPAL CODE SECTION 18-11 — DEPUTY CHIEF
Chief of Police Kostecki informed Council Senate Bill 171 became effective in
August of 1999, permitting non-home rule communities to appoint up to two Deputy Chiefs
from the ranks of the current department members. Chief Kostecki requested Council
modify Section 18-11 of the McHenry Municipal Coda, to eliminate the civil service position
of Lieutenant, and replace said position with that of Deputy Chief. Chief Kostecki stated his
intent to appoint Lieutenants Donahue and Wigman to the newly created position of
Deputy Chief. In addition, no change in salary compensation for the affected individuals
will occur.
Some discussion followed regarding the inclusion of language requiring Council
affirmation of the Deputy Chief appointment by the Chief of Police. City Attorney McArdle
noted the proposed ordinance language duplicates that language approved by the State
Legislature. Discussion continued.
Motion by Baird, seconded by Murgatroyd, to pass an ordinance amending Section
18-11 of the McHenry Municipal Code, eliminating the civil service position of Lieutenant
and replacing that position with the Deputy Chief designation.
Voting Aye: McClatchey, Murgatroyd, Baird.
Voting Nay: Bolger, Glab.
Absent: None.
`. Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Cuda reported full information regarding the Cunat Brothers request for
refinancing of their Industrial Revenue Bonds will be provided Council in Friday's Agenda
Packet. Their request will be placed on the March 21, 2001 regularly scheduled Council
Meeting Agenda. Mayor Cuda explained the Cunat Brothers were seeking refinancing
because of the current favorable interest rates now available.
Mayor Cuda also informed Council the attorney for First Midwest Bank requested a
City representative be in attendance at the March 14, 2001 bankruptcy hearing on
McHenry Shores Water Company. The presiding judge has requested personal
information regarding the City of McHenry's ability to provide uninterrupted water service
to McHenry Shores Water Company clients. In response to Council inquiry, Mayor Cuda
noted the hearing will be held in Rockford Bankruptcy Court. Council requested Mayor
Cuda provide information regarding the time and place of the bankruptcy hearing on March
14t'.
COMMITTEE REPORTS
Community Development Committee Chairperson Alderman McClatchey reported
L Assistant Fire Chief Laing was in attendance at the Community Development Committee
Meeting to discuss recent improvements and cost reductions in residential sprinkler
systems. Committee minutes will be forthcoming in Friday, March 16, 2001 Agenda
Packets.
Page 10
3/7/01 .�
Finance and Personnel Committee Chairperson Alderman Murgatroyd scheduled a
Finance and Personnel Committee Meeting for Wednesday, March 14, 2001 at 6:30 p.m.
to discuss the Employee Medical and Dental Insurance Renewal.
DEPARTMENT HEAD REPORTS
Director of Parks and Recreation Merkel reported Parks Staff had met with the
McCullom Lake adjacent property owners regarding the future carp kill/fishing derby.
Council will be kept apprised of their activities.
Chief of Police Kostecki, referencing the unfortunate incident which occurred
Tuesday evening at Raul's Burto Express, located at 3729 West Elm Street, thanked the
Third Street and shopping area business owners for their patience and cooperation during
the lengthy evidence collection period. He informed Council the Major Investigative
Assistance Team (MIAT) had been assigned to the case and was actively seeking
conclusion.
City Administrator Lobaito requested Council provide direction regarding the Pacini
Developers request for a Public Hearing date regarding the annexation and reclassification
of their 204 acre parcel located on west Route 31 south of the McHenry Corporate Center. --�
City Administrator Lobaito suggested April 9, 2001. Some discussion followed. Alderman
Glab suggested the Public Hearing be postponed until after the April 3, 2001 Consolidated
Election. It was the consensus of Council to tentatively schedule consideration of the
Pacini Annexation and Zoning Reclassification for the Ebel Property located west of Route
31 and south of the McHenry Corporate Center for Monday, April 9, 2001.
NEW BUSINESS
Alderman Glab, referencing the Community Development Committee Meeting held
just prior to this evening's regularly scheduled Council Meeting, requested Council direct
Staff to identify all property files granted conditional use permit. He also requested Council
direct Staff to begin enforcing the Zoning Ordinance as specified. Some discussion
followed.
Alderman Murgatroyd requested City Attorney McArdle provide Council with a legal
opinion regarding Alderman Glab's contention regarding the award of conditional use
permits. Alderman Murgatroyd also requested Staff provide Council with ample opportunity
to review referendum question materials prior to approval.
..Ilk-
Page 11
3/7/01
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:57 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None
Absent: None
Motion carried.
The Meeting was adjourned at 8:57p.m.
MAYOR C Y CLERK