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HomeMy WebLinkAboutMinutes - 10/14/2002 - City Council REGULAR MEETING OCTOBER 14, 2002 `.. The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, October 14, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: Assistant Administrator Lockerby, City Attorney Cahill, Assistant Director Public Works Fink, City Planner Martin, Director Parks and Recreation Merkel and Chief of Police O'Meara. Absent: City Clerk Jones, Director of Public Works Marcinko and Director Community Development Napolitano. PRESENTATION — MCHENRY TOWK-SHIP FIRE PROTECTION DISTRICT REFERENDUM In attendance was McHenry Township Fire Protection District Fire Chief Wayne Amore. Chief Amore addressed Council presenting information on the McHenry Township Fire Protection District referendum appearing on the November 5, 2002 ballot. He pointed out the following statistics regarding the Fire District: • It operates three Stations, staffed 24-hours per day by ten part-time Paramedics, Emergency Medical Technicians and Firefighters; • It protects over 50,000 residents • It responded to 3,211 calls for aid in 2001; • It transported 2,700 to the hospital in 2001; • It operates 25 pieces of equipment; and • It has 150 part-time Fire Rescue employees, of which 65 are Paramedics. Responding to Alderman Murgatroyd's inquiry Chief Amore affirmed the referendum affects all parties residing in the McHenry Township Fire Protection District encompassing 56.5 square miles. TEN MINUTE PUBLIC INPUT No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Mayor Althoff informed Council two items would be removed from the Consent Agenda for further consideration prior to Council action: • Item No. 1, Ordinance granting Conditional Use Permit to StoneRidge Community Church to operate a religious institution at 768 Ridgeview Drive; and • Item No. 5, Recommendation to hire John Fishbein, as Finance Director, Grade 24, at an annual salary of$83,000. Motion by Bolger, seconded by Low, to approve the Consent Agenda as amended: ■ Final payment to Advance Mechanical Contractors, Inc. for South Wastewater Treatment Plant screening modification project, not to exceed $8,654.50 ■ Police Pension Fund actuarial services contract with Gabriel, Roeder Smith & Company, note to exceed $6,500; ■ Request from Metalmaster, Inc., in the Inland Business Park, to allow the installation of a metal building facade. October 14, 2002 Page 2 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO HIRE FINANCE DIRECTOR JOHN FISHBEIN Mayor Althoff requested clarification regarding a residency requirement for the position of Finance Director. Alderman Murgatroyd stated as an incentive, an $1,800 relocation allowance was to be offered to Mr. Fishbein, with a caveat the relocation must be completed within a 12-month period following employment. Residency was not a requirement of employment. Responding to Alderman Bolger's concerns Mayor Althoff suggested the residency requirement be discussed at a future Finance and Personnel Committee meeting during discussion regarding personnel hiring processes. Finance and Personnel Committee Chairman Alderman Murgatroyd stated he was agreeable to discussions of residency requirements as a condition of employment. Alderman Murgatroyd also noted discussions should occur regarding the establishment of an overall policy regarding Council's involvement in hiring of Department Head level employees. RECOMMENDATION TO APPROVE THE ANNEXATION, REZONING AND USE VARIANCE AT 2905 W. ROUTE 120 Mayor Althoff reminded Council the applicant, Concetta Acuri, first appeared before Council on June 17, 2002. At that time Ms. Arcuri requested an emergency connection to the City's sanitary sewer system for her property located at 2905 West Route 120, due to failure of the septic system. Council granted permission to the applicant to hook-up to the City's municipal sewer system, contingent upon the applicant's annexation within 90-days. Mayor Althoff informed Council the property is a rental income property and the applicant does not reside on the premises. City Planner Martin stated concerns were expressed regarding excess drainage to the property south of 2905 W. Route 120 following installation of the sewer. The Community Development Department took the following steps: ■ Reviewed the entire area including a topographic study. It was determined the property is relatively flat and drainage is unlikely to flow southward; ■ Visual inspection of the site by Director of Community Development Napolitano, City Planner Martin and Building Commissioner Schwalenberg; ■ Measurements with surveying equipment by Building Commissioner Schwalenberg accompanied by Mr. Frank Mueller, Mrs. Arcuri's son-in-law, and the owner of the property abutting 2905 W. Route 120. Results determined drainage would not flow in the direction Mr. Mueller surmised. City Planner Martin opined Mr. Mueller seemed unsatisfied with the results of City inspections and measurements taken. On October 4, 2002 following a consistent rainfall, October 14, 2002 Page 3 the roe was inspected, along with the roe to the east and the Mueller roe to property p 9 property property, determine the pattern of drainage. There was no evidence of standing or moving water on either of the three parcels. It is Staffs conclusion no valid drainage claim exists. Mayor Althoff suggested Council might want to consider offering the services of the City Engineer, through the use of retained personnel, as would be offered to any other developer. Mayor Althoff noted City Attorney Cahill advised if drainage remains a concern Council could elect to include site drainage improvements as a condition of approval in the ordinance. A lengthy discussion ensued regarding determination of drainage requirements of a residential lot. Motion by Bolger, seconded by Murgatroyd, to approve the annexation of the Concetta Arcuri property located at 2905 West Route 120. Further discussion on the drainage concerns ensued. City Engineer, Carl Moon, of Baxter & Woodman, opined it is difficult to determine what the drainage requirements might be as there is already development on the property. Typically, with the Subdivision Ordinance the property is reviewed in the undeveloped state. Mayor Althoff stated the Subdivision Control Ordinance dictates abutting parcels cannot be adversely impacted by the development of a property. The amount of runoff cannot be increased and must be addressed by the developer. Alderman Murgatroyd stated he is disturbed that the property, in actuality, is a rental income property when initially it was implied the property was owner occupied. Alderman Glab expressed concerns regarding drainage issues involving future commercial development on the property. It was the consensus Staff further investigate drainage in the area. Mayor Althoff noted the Petitioner has agreed to further investigation of the matter. Alderman Bolger withdrew the motion to approve the annexation of 2905 West Route 120. Alderman Murgatroyd withdrew his second to the motion. RECOMMENDATION TO APPROVE AN ENGINEERING SERVICES AGREEMENT WITH BAXTER&WOODMAN. INC. FOR WELL NO. 12 WATER SOURCE STUDY Assistant Director of Public Works Fink informed Council the City of McHenry is planning the expansion of the water system pursuant to the Master Plan. It is Staffs recommendation in light of the population increase, recent development and the 2002 summer water restrictions, that Baxter & Woodman, the City Engineers, conduct a water source study for water supply well no. 12. Assistant Director Fink noted Baxter & Woodman has provided an Engineering Services Agreement for test well drilling in order to determine a suitable location for Water October 14, 2002 Page 4 Supply Well No. 12, stating this is an approved item in the Water Improvement Fund 2002/2003 Budget. Motion by Bolger, seconded by Glab, to approve the Engineering Services Agreement with Baxter & Woodman, Inc. for Water Supply Well No. 12 Water Source Study, in an amount not-to-exceed $21,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO APPROVE AN ENGINEERING SERVICES AGREEMENT WITH BAXTER AND WOODMAN FOR THE WATER TREATMENT PLANT NO. 4 ENGINE GENERATOR SERVICES INSTALLATION Assistant Director Fink stated as a result of an inspection by the Illinois Environmental Protection Agency water treatment plant no. 4, located at the end of Pine Street, was found.to be deficient of a backup power supply. The IEPA recommended installation of a standby generator in the event of power loss. It is Staffs recommendation to approve Baxter & Woodman's Engineering Services .� Agreement for the installation of a standby generator, transfer switch, ancillary equipment and electrical modifications required to operate water treatment plant no. 4 in the event of loss of the electrical supply. Assistant Director Fink informed Council the standby generator is an approved item in the Capital Equipment Expenditure Account in the 2002/2003 Budget. Motion by Murgatroyd, seconded by Bolger, to approve the Engineering Services Agreement with Baxter & Woodman for the water treatment plant no. 4 engine generator services installation in an amount not-to-exceed $9,100. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ORDINANCES AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE Mayor Althoff informed Council this item was removed from the Agenda to permit language revision to the ordinances. This Agenda Item would be brought forth at the next regularly scheduled Council Meeting on October 21, 2002. RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE THE FOLLOWING ORDINANCES FOR MEYER MATERIAL EXPANSION ON THE NORTH SIDE OF ROUTE '1 120, EAST OF WONDER LAKE ROAD ■ ANNEXATION AGREEMENT ■ ANNEXATION OF THE SUBJECT PROPERTY October 14, 2002 Page 5 ZONING THE SUBJECT PROPERTY TO RS-1, LOW-DENSITY SINGLE FAMILY, WITH A-M AGRICULTI'RAU MINING OVERLAY DISTRICT; ■ GRANTING A CONDITIONAL USE PERMIT FOR SAND AND GRAVEL OPERATION ON THE SUBJECT PROPERTY. Mayor Althoff informed Council the air quality test has been completed. The test was performed on Tuesday, October 8, 2002 and the results should be available for Staff review and Council's consideration within the next two weeks. Mayor Althoff recognized several individuals in the audience and asked if anyone would care to make a statement and/or comment prior to the vote of Council. Mr. Michael Forte of 7373 Oakwood Drive, thanked the Mayor and Council for their diligence in addressing the residents' concerns. He stated there continues to be fences at the site that are in a state of disrepair. Mayor Althoff stated Mr. Forte's allegations would be looked into, addressed and rectified. Mr. David Currier of resident of Martin Woods Subdivision, addressed Council expressing his opposition to the Meyer Material expansion. Mrs. Barbara Mandis of 2516 Bennington, stated at 6:20 a.m. on Friday and Saturday from her home she was hearing the back-up alarms on the trucks at the Meyer �— Material pit. She has concerns the quality of life in the City of McHenry is being impaired. Responding to Mayor Althoff s inquiry regarding construction hours under the current Annexation Agreement, established in 1986, Mr. Miller stated the hours are 6:00 a.m. to 6:00 p.m. Alderman Murgatroyd opined he understands gravel is a nonrenewable resource, however, he continues to have reservations regarding the benefits of expansion and the pctential impact on residents in the vicinity Motion by Bolger, seconded by Glab, to approve an ordinance authorizing the Mayor and the City Clerk's execution of the Annexation Agreement between Meyer Material and the City of McHenry for the property located on the north side of Route 120, east of Wonder Lake Road. Voting Aye: Bolger, Glab, Low, Wimmer, Althoff. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Low, seconded by Murgatroyd, to pass an ordinance annexing the 157 acres of the Meyer Material Property located on the north side of Route 120, east of Wonder Lake Road. October 14, 2002 Page 6 Voting Aye: Bolger, Glab, Low, Wimmer, Althoff. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Glab, seconded by Bolger, to approve an ordinance zoning the subject property to RS-1, Low Density Single Family, with an A-M Agricultural/Mining Overlay District. Voting Aye: Bolger, Glab, Low, Wimmer. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Bolger, seconded by Glab, to approve an ordinance granting a conditional use permit for sand and gravel operation on the subject property pursuant to the provisions of the Agricultural/Mining Overlay District in the City's Zoning Ordinance. Voting Aye: Bolger, Glab, Low, Wimmer. Voting Nay: Murgatroyd. Absent: None. .IN Motion carried. MAYOR—STATEMENT AND REPORT Mayor Althoff stated her report would be in Executive Session. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS There were no Department Head Reports. NEW BUSINESS Alderman Glab requested information regarding the timeframe permitted for reconstruction of the Bait Shop and the house on Northside, which were destroyed by fire. EXECUTIVE SESSION Motion by Glab, seconded by Bolger, to go into Executive Session at 9:19 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. "1 Motion carried. Council went into Executive Session 9:20 p.m. October 14, 2002 Page 7 Motion by Glab, seconded by Wimmer, to return to Open Session at 9:54 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:54 p.m. A brief discussion ensued regarding the Metra Rail Yard. Alderman Glab opined the Metra Rail Yard would be better situated south of the City of McHenry, facilitating access from the Bypass. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 10:01 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 10:01 p.m. C . MAYOR CITY CLE e..