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HomeMy WebLinkAboutMinutes - 10/07/2002 - City Council REGULAR MEETING OCTOBER 7, 2002 In the absence of Mayor Althoff, the Regular Meeting of the McHenry City Council was called to order by City Clerk Jones at 7:30 P.M. on Monday, October 7, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: Mayor Althoff. City Staff in attendance were: Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director Community Development Napolitano, Director Public Works Marcinko. Absent: Director Parks and Recreation Merkel and Chief of Police O'Meara. City Clerk Jones requested a motion from the floor to appoint a Mayor Pro Tem to chair this evening's meeting. Motion by Wimmer, seconded by Murgatroyd, to appoint Alderman Bolger Mayor Pro Tem. Voting Aye: Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Abstain: Bolger. Absent: None. Motion carried. Mayor Pro Tem Bolger took the chair. City Attorney McArdle stated applicant Gary Lang published for a Public Hearing to take place at this evening's meeting. However, the applicant was not prepared to appear before Council this evening and is requesting the matter be rescheduled to Monday, October 21, 2002 at 7:30 p.m. Motion by Glab, seconded by Low, to reschedule the Public Hearing regarding the Annexation Agreement, Annexation, Zoning and Variances for the Gary Lang Property to Monday, October 21, 2002 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT Ms. Clarice Currier of Martin Woods Subdivision addressed Council regarding the Illinois Department of Natural Resources (IDNR) regulation of the reclamation of mined land. Ms. Currier stated after speaking with individuals at the IDNR she notes the IDNR must insure bonds are being held on gravel mining operations. It is not their responsibility to ensure the land is actually reclaimed in a timely manner or according to City ordinances. Ms. Currier following an inquiry with the IDNR learned there are currently 225.87 acres mined land at the Meyer Gravel Pit south of 120 in McHenry which has yet to be reclaimed. L Additionally, Ms. Currier, referenced documentation she received from the Illinois Environmental Protection Agency (IEPA) and noted the information has been submitted to October 7, 2002 Page 2 Director Community Development Napolitano. The document in question is a Permit for ^` Non-Hazardous Special Waste Hauling issued to Meyer Material Company. Ms. Currier stated following several inquiries to the IEPA, it was determined the IEPA does not know what types of materials are being hauled; they do not keep record of the materials hauled. Judy Juske, addressed Council stating her opposition to the Meyer Material Annexation and Expansion. Ms. Juske stated this would be an inappropriate use of this land. Air quality will be negatively impacted, especially in light of Valley View School in the nearby vicinity of the gravel pit. Ms. Juske noted if Meyer Material is rejected by the City and was forced to go to the County for approval, it would most likely not be approved. The affects of the gravel pit are felt throughout the City. In conclusion, Ms. Juske asked Council to vote in opposition to the expansion of the Meyer Material gravel pit north of Route 120. CONSENT AGENDA Motion by Low, seconded by Glab, to approve the Consent Agenda as presented: ■ Request for Bonfire Permit by Betty Dobbertin, 913 South Hilltop Boulevard; ■ Request for Block Party by Tammy Pohl, 4513 Willow Lane; ■ Request to reduction in Letter of Credit for Pacini's Dartmoor Drive Extension; ■ Request for release of Olde Mill Ponds Surety Bond in the amount of$225,000; ■ Proposed Police General Order Revision — CALEA; _ ■ Public Works Department purchase of rock salt; ■ Request to advertise for bids for the purchase of Police Department Radio Equipment; ■ List of As-Needed Checks: GENERAL FUND CINGULAR WIRELESS 939.16 FIRST MIDWEST BANK 74.69 FOP UNITS I/II 1,419.00 GRAND SLAM USA 988.00 HILTON HOTEL 412.50 IMRF 35,149.23 KOTTKE, DAN AND CINDY 5,000.00 MCC CONFERENCE CENTER 35.00 MCHENRY POLICE PENSION F 131,398.68 MCPOA 655.50 MIONSKE INC, CHARLES A 1,501.21 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 267.00 PETERSEN, ROBERT G 3,033.20 SAM'S CLUB 491.24 TERRAGROUP OF CHICAGO IN 25,057.50 UNITED STATES LIFE INSUR 907.20 UNITED WAY OF MCHENRY CO 217.00 UNIVERSITY OF ILLINOIS 100.00 WALMART COMMUNITY BRC 437.08 YMCA OF MCHENRY COUNTY 4,338.00 FIRESIDE, THE 1,328.18 FIRST NAT'L BANK OF MCH 450,000.00 FISH OF MCHENRY 35.00 FLOWERWOOD 100.00 HOME STATE BANK 400,000.00 ILLINOIS DEPARTMENT OF 314.00 MCHENRY COUNTY CHIEFS OF 12.00 MCHENRY COUNTY RECORDER 36.00 MEIJER 1,748.60 MOTOROLA 17,683.00 PETTY CASH FUND 157.51 POSTMASTER MCHENRY IL 687.96 R 6 B ENTERPRISES 250.00 October 7, 2002 Page 3 RAMADA PLAZ HOTEL 756.70 SECRETARY OF STATE 169.00 UNIVERSITY OF ILLINOIS 195.00 DEVELOPER DONATION FUND PETERSEN, ROBERT G 3,033.20 WATER/SEWER FUND UNITED STATES LIFE INSUR 145.80 USA BLUEBOOK 80.00 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS 6 SERVIC 21,279.10 RISK MANAGEMENT FUND MCH CTY MUNICIPAL RISK M 273,573.00 RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 25.00 POLICE PENSION FUND ANCEL GLINK DIAMOND COPE 1,012.50 TOTALS 1,385,166.57 FUND TOTALS GENERAL FUND 1,086,017.97 DEVELOPER DONATION FUND 3,033.20 WATER/SEWER FUND 225.80 EMPLOYEE INSURANCE FUND 21,279.10 RISK MANAGEMENT FUND 273,573.00 RETAINED PERSONNEL ESCROW 25.00 POLICE PENSION FUND 1,012.50 TOTAL 1,385,166.57 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW BANKING FACILITY WITH DRIVE-THRU LANES— FIFTH THIRD BANK, 2121 NORTH RICHMOND ROAD In attendance was Dutch Doherty, Project Manager for Fifth Third Bank's facility to be located at 2121 North Richmond Road. Mr. Doherty noted Staff had previously requested additional landscaping and reduction in the size of the entry lane to the site. Director Community Development Napolitano noted the Planning and Zoning Commission at a Public Hearing held on September 19, 2002 unanimously recommended approval of the applicant's request, subject to one-way striping of the westernmost driveway access to allow southbound traffic only. In response to Alderman Glab's inquiry, Director Napolitano stated Staff has not reviewed the signage plans for the project. The signs for the project are not included in the request for the conditional use. In response to Alderman Murgatroyd's inquiry, Director Napolitano noted the circulation pattern has been adjusted as per the recommendation of the Planning and -� Zoning Commission. The entrance aisle is one-way. Discussion followed regarding the large number of financial institutions in the City. October 7, 2002 Page 4 Discussion also occurred regarding the submittal of sign plans concurrently with any zoning relief requested, so that in the future projects are presented to Council for approval only one time. Director Napolitano reminded Council the developer of the Meijer/Home Depot Subdivision received a variance to permit free-standing monument-style signs in each of the outlots of this subdivision. Motion by Murgatroyd, seconded by Low, to direct Staff to prepare an ordinance granting a Conditional Use Permit to Fifth Third Bank for a financial institution with a drive- thru facility, based on the revised site plan as submitted, for the property located at 2121 North Richmond Road, subject to one-way striping of the westernmost driveway access to allow southbound traffic only. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE OF LAWN EQUIPMENT — PRECISION POWER EQUIPMENT, INC, 4618 WEST ELM STREET In attendance was applicant Ms. Sybille Gariepy of Precision Power Equipment, 4618 West Elm Street. Mr. Gariepy addressed Council stating the outdoor storage of lawn equipment is needed to store items awaiting repair parts. Mayor Pro Tern Bolger noted the subject property is a small lot which is already well-screened. Alderman Glab expressed concern that the gate be kept closed at all times. Additionally, Alderman Glab citing the unanimous recommendation of the Planning and Zoning Commission at its September 5, 2002 Public Hearing, stated the following conditions should be attached to the conditional use: • The outside storage shall be limited to the fenced-in area; • The gate to the outside storage area shall remain closed, unless a piece of equipment is being transferred to/from the area; • Outside storage shall be limited to lawn mowers, saws, tractors, generators, small engines and the like; • Landscaping including small plantings south of the chain link fence shall be installed within one year of approval; • Slats shall be installed in chain link fence to provide screening; • No irreparable parts shall remain outside more than fourteen days • No storage of parts or equipment shall be permitted above the fence sight line. Motion by Low, seconded by Bolger, to direct Staff to prepare an ordinance granting a conditional use permit to Precision Power Equipment for the property located at 4618 West Elm Street and to include the following stipulations: 0 The outside storage shall be limited to the fenced-in area; October 7, 2002 Page 5 • The gate to the outside storage area shall remain closed, unless a piece of equipment is being transferred to/from the area; Outside storage shall be limited to lawn mowers, saws, tractors, generators, small engines and the like; Landscaping including small plantings south of the chain link fence shall be installed within one year of approval; • No irreparable parts shall remain outside more than fourteen days • Refuse containers shall be permitted within the fenced-in area. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. DISCUSSION: AMENDMENTS TO MCHENRY MUNICIPAL CODE Director Community Development Napolitano stated the Community Development Committee discussed three specific amendments to the Municipal Code. It was the consensus of the Committee to direct Staff to draft an ordinance amending the Municipal Code as follows: • Fences in Corner Side Yards: The Municipal Code requires a 15-foot setback for a fence constructed in the corner side yard. The Committee recommended that fencing up to six-feet in height be permitted with a minimum setback of five feet in the corner side yard. • Burning - Bonfire Permits: The Municipal Code requires Council approval of all bonfire permits. Noting the frequency of last minute applications for these permits, Director Napolitano stated it was the recommendation of the Committee these permits be issued by Staff to prevent inordinate delay in issuing the permits to residents. • Inoperable Vehicles: The Municipal Code, Chapter 27 defines certain vehicles as inoperable . One of the exceptions as stated is any vehicle more than 25 years old is exempt from being considered inoperable. Director Napolitano noted this amendment to the Code would eliminate this loophole from the Municipal Code. Director Napolitano stated if Council concurs with the Committee's recommendation, Staff would draft an ordinance providing for the amendments. Alderman Wimmer stated the recommendation for amendments this evening is a result of the most recent Community Development Committee Meeting. Alderman Glab expressed concern regarding the removal of Council authority to issue bonfire permits, and noted he could not support that amendment. Motion by Glab, seconded by Murgatroyd, to direct Staff to draft an ordinance amending the Municipal Code Chapter 7, permitting six-foot high fences in the corner side yard with a minimum setback of five feet from the lot line. �- Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. October 7, 2002 Page 6 Motion carried. -` Alderman Murgatroyd requested that Staff notify Council via the Friday Report of bonfire permits issued. Motion by Low, seconded by Wimmer, to direct Staff to draft an ordinance amending the Municipal Code Chapter 10, eliminating the requirement that the City Council approve all bonfire permits, and instead have bonfire permit requests reviewed and approved by Staff. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. Motion carried. Motion by Glab, seconded by Murgatroyd, to direct Staff to draft an ordinance amending the Municipal Code Chapter 27, deleting provision 27.1[c] historic vehicles over twenty-five years of age from the Exceptions to Inoperable Vehicles. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ,— MAYOR - STATEMENT AND REPORT Mayor Pro Tern Bolger noted the written report provided by Mayor Althoff in which she stated she had met with McHenry County State's Attorney and the Village of Johnsburg President David Dominguez. The meeting with President Dominguez was in regard to the possible location of the Metra rail yard in Johnsburg. In response to Mayor Pro Tern Bolger's inquiry, Alderman Low suggested a joint meeting be scheduled between the Village of Johnsburg Board and the McHenry City Council to discuss this issue. Mayor Pro Tern Bolger concurred with Aldermen Low and opined the issue requires further discussion and input from Council. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd reminded Council of the Finance and Personnel Committee Meeting scheduled for Monday, October 14, 2002 at 6:30 p.m. in the Aldermen Conference Room. Parks and Recreation Committee Chairman Alderman Low reminded Council of the Parks and Recreation Committee Meeting scheduled for Thursday, October 17, 2002 at 7 p.m. in the Aldermen Conference Room. DEPARTMENT HEAD REPORTS Director Public Works Marcinko reminded Council he will be out of the office from October 9, 2002 through October 14, 2002. He will return to the office on Tuesday, October 15`h. Director Marcinko noted the Public Works Department is wrapping up a myriad of projects at this time. He suggested Council bring any specific matters to his October 7, 2002 Page 7 attention while the contractors are still on hand. Alderman Glab inquired as to the status of the landscape plans for the meridian on Royal Drive. Director Marcinko responded the landscape plan will be addressed over the winter months. Director Community Development Napolitano reported Secor has started the air quality study today and should be completed tomorrow. Meyer Material has not been notified of the test. Acting Administrator Lockerby informed Council two new police officers will be sworn in Friday, October 18, 2002 at 8:30 a.m. in the Council Chambers. City. Clerk Jones announced Halloween Hours in the City will be on Thursday, October 31, 2002 from 4 p.m. until 7 p.m. Additionally, City Clerk Jones reported she and Deputy Clerk Kunzer will be attending Phase 2 of the Municipal Clerk's Institute in Springfield from October 13, 2002 through October 18, 2002. City Clerk Jones will not be in attendance for the regularly scheduled meeting on October 14tn NEW BUSINESS Alderman Glab inquired why there was no input from Council regarding the establishment of Halloween House. Acting Administrator Lockerby stated he will research the matter and report back to Council. Alderman Glab, noting the increased traffic in the area, reported residents are requesting speed limit signs along Dartmoor Drive. Director Marcinko responded he would comply with the State of Illinois Traffic Manual as far as the installation of speed limit signs in the area. EXECUTIVE SESSION Motion by Low, seconded by Murgatroyd, to go into Executive Session at 8:20 p.m. to discuss Personnel: Hiring. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:24 p.m. Motion by Murgatroyd, seconded by Low, to return to Open Session at 8:48 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. �-- Motion carried. Council went back into Open Session at 8:48 p.m. October 7, 2002 .. Page 8 .1� ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 8:49 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:49 p.m. AYOR ITY CL