HomeMy WebLinkAboutMinutes - 09/04/2002 - City Council REGULAR MEETING
SEPTEMBER 4, 2002
The Regular Meeting of the McHenry City Council was called to order by Mayor
_ Althoff at 7:30 P.M. on Monday, September 4, 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: City Administrator
Lobaito, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle,
Director Public Works Marcinko, Director Community Development Napolitano, Director
Parks and Recreation Merkel and Chief of Police O'Meara. Absent: None.
TEN MINUTE PUBLIC INPUT
Ms. Heather Murgatroyd of 4010 Grand Avenue addressed Council expressing her
concerns regarding the development of the Metra Train Station Yard in Johnsburg. Mayor
Althoff noted a Village of Johnsburg Meeting is scheduled for Tuesday, September 17,
2002 at 7:30 p.m. at the Whispering Hills Community Center. The Village's Comprehensive
Plan and permitted potential land uses will be discussed. Mayor Althoff noted Ms.
Murgatroyd might be able to obtain additional information about the proposed train yard
location at this meeting.
CONSENT AGENDA
City Clerk Jones noted an error in the ordinance provided as an attachment to
Consent Agenda Item No 3. A corrected ordinance was provided to Council prior to this
evening's meeting. The correction provides for No Parking Anytime on the south side of
Dartmoor Drive between Augusta Drive and the Boone Creek Bridge.
Motion by Bolger, seconded by Low, to approve the Consent Agenda as amended:
■ Block Park Request
■ Gina Bilinski, Driftwood Trail;
■ Request for use of Petersen Park and waiver of all associated fees — Church of
Holy Apostles
■ Ordinance amending Municipal Code Chapter 13 Traffic Code: No Parking
Anytime on the south side of Dartmoor Drive between Augusta Drive and the
Boone Creek Bridge
■ Ordinance increasing the Building Permit Fees for certain development activities
■ Request from Public Works Department to Advertise for Water Meter Reader
■ Approve City Council Minutes
■ July 15, 2002 regularly scheduled Council Meeting
■ July 29, 2002 regularly scheduled Council Meeting.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR USE OF PETERSEN PARK AND WAIVER OF ALL ASSOCIATED FEES
�- — MCHENRY CHAMBER'S ANNUAL COUNTRY MEADOWS CRAFT FAIR
Director Parks and Recreation Merkel noted the McHenry Chamber annually hosts
the Country Meadows Craft Fair at the City's Petersen Park. This year the event is
September 4, 2002
Page 2
scheduled for Sunday, September 15, 2002 from 10 a.m. until 4 p.m. As in the past, the
Chamber is requesting park rental and temporary sign permit fees be waived. The
Chamber will require the services of Parks Department Staff for set up assistance prior to
the event.
Alderman Murgatroyd suggested a nominal fee would be appropriate as this is a
money-making proposition and does not fall under the not-for-profit status. Alderman Glab
suggested the Parks and Recreation Committee review the impact of special events and
determine if the waiver of fees is advisable in light of the amount of Parks Department Staff
time required for set up and cleanup.
Alderman Low concurred and stated waiving the fees for a charitable event is
acceptable while the proposed craft fair is a money-making venture.
Motion by Bolger, seconded by Low, to approve the McHenry Ch_amber's request to
use Petersen Park on Sunday, September 15, 2002 from 10 a.m. until 4 p.m. for the
Annual Country Meadows Craft Fair; to approve the posting of temporary advertising signs
at the following locations:
• River Road at the Earl Walsh Bridge
• R. A. Adams Enterprises on Route 120 —
• Ringwood Road at Route 120
• Route 31 at Prime Parkway
• Lincoln Road at Chapel Hill Road
• McCullom Lake Road at Riverside Drive
• Chili's on North Richmond Road
• George R. Justen & Son Funeral Home
• Linchpin Financial Group
• Riverside Chocolate Factory
• Ringwood Amoco;
and to waive all associated fees.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR ANNEXATION, ZONING AND VARIANCES TO 3100 AND 3102
LINCOLN ROAD—WM. AND NANCY NETTLETON
In attendance was Attorney Richard Nakon who provided a background on the
property. Director Community Development Napolitano noted the Planning and Zoning
Commission held a Public Hearing regarding the proposed annexation, zoning and —
variance requests on July 18, 2002. The requests received the unanimous
recommendation of the Planning and Zoning Commission subject to certain conditions: ,
• Homes must be inspected upon annexation for compliance with minimum code
standards for residential occupancy
September 4, 2002
Page 3
• Sunset clause shall be applied and residential land use shall expire three years from
the date of passage of ordinances annexing and zoning the properties
• Gravel driveway shall be paved at 3102 Lincoln Road within one year of passage of the
ordinances annexing and zoning the property
• All billboards shall be removed from both properties within 90 days of annexation to the
City
• Properties shall be improved aesthetically once annexed to the City, including:
• Single fence type/style—one for each property
• Additional landscaping to be planted on each property
• Shrubs, weeds and overgrowth to be trimmed and maintained
• General property maintenance codes shall be followed
• An accurate Plat of Survey shall be submitted prior to Council consideration of the
applicant's request
Attorney Nakon suggested the Applicant be permitted a three-year amortization
period for removal of the billboards, citing consideration be given to the expiration of the
billboard leases. Mr. Nakon noted the billboards were permitted by the County. The
Petitioner, Mr William Nettleton executed one-year leases for four of the billboards
following the Planning and Zoning Commission Public Hearing.
Some discussion followed regarding the proposed zoning for the property and the
lack of definitive site plan. Discussion also occurred regarding the billboards and the
period of time they should be permitted to remain on the premises. Attorney Nakon, as a
compromise, suggested two billboards remains for one year and the remaining two to be
removed within 90 days of ordinance approval.
Mayor Althoff suggested the matter be deferred until later in this evening's agenda.
Attorney Nakon and Council concurred.
RECOMMENDATION TO APPROVE FINAL PLAT OF NORTH GATE DEVELOPMENT
WEST SUBDIVISION
In attendance were principals Jim Schaid of Remax Plaza and Samuel Diamond of
Diamond, LeSueur and Associates; and Jason Schmitt of Condon Consulting Engineers.
Mr. Schmitt noted the Applicants are seeking three variances from the Subdivision Control
Ordinance for the Final Plat of North Gate Development Subdivision:
• Sidewalks
• Length of the cul-de-sac
• Minimum Lot Area/High Water Elevation. Baxter and Woodman does not believe the `
minimum lot area in relation to 80% being above the ground water should be a
problem. However, this issue will be carefully reviewed at each building permit
issuance and planning review.
Mr. Schmitt noted the City's request for an access easement to Petersen Park has
L been granted via land dedication on the plat. He also stated Outlot A was expanded to
maintain property wetland buffers.
September 4, 2002
Page 4
City Administrator Lobaito stated Staff is unable to determine if the applicant is in
compliance with the three-foot minimum standard as specified in the water elevation
certificate on the plat.
Motion by Bolger, seconded by Wimmer, to direct Staff to prepare an ordinance
approving the Final Plat of North Gate Development West, prepared by Vanderstappen
Surveying, Inc., with a revision date of 8/23/02 subject to the following:
• The wetland permit be approved by the Army Corps of Engineers and a copy be
submitted to the City;
• The plat be recorded within six months of passage of the ordinance granting its
approval by Council.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION TO WAIVE BID REQUIREMENTS AND ACCEPT QUOTE FROM
JT PETCO FOR THE INSTALLATION OF GUTTERS AND DOWNSPOUTS — MAIN
STREET STATION, 4005 WEST MAIN STREET _
Director Community Development Napolitano reminded Council the City is in receipt
of funding from Metra to be utilized in improving the Commuter Train Station on Main
Street. Previously several other portions of the project were let for bid. Staff is
recommending waiving the bid requirement for and accept the quote of JT Petco in an
amount not-to-exceed $3,655. Director Napolitano noted with the expenditure of funds for
the gutters and downspouts, $57,470 of the $80,000 Metra grant would be spent.
Motion by Bolger, seconded by Wimmer, to waive bid requirements and accept the
quote for removal and replacement of gutters and downspouts for the Main Street Station,
located at 4005 West Main Street, to JT Petco in an amount not-to-exceed $3,655.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer.
Voting Nay: Glab.
Absent: None.
Motion carried.
RESUME DISCUSSION: REQUEST FOR ANNEXATION, ZONING AND VARIANCES TO
3100 AND 3102 LINCOLN ROAD—WM. AND NANCY NETTLETON
Attorney Nakon reported the Applicant, Mr. William Nettleton, would be willing to
remove two of the billboards within ninety days, with two billboards remaining for one year.
If the Applicant wished to post the billboards again, a conditional use as required by _
Zoning Ordinance would be requested.
Alderman Low stated she is comfortable with the compromise. She suggested one
billboard remain on the east end of the property and one billboard remain on the west end
of the property. Alderman Glab opined there should be a three-year sunset clause for the
September 4, 2002
Page 5 -.
residential use of the subject property.
Motion by Low, seconded by Murgatroyd, to direct Staff to prepare ordinances
providing for the annexation, zoning and variances to the Nettleton Property located at
3100 and 3102 Lincoln Road, and to include the following conditions:
• Homes must be inspected upon annexation for compliance with minimum code
standards for residential occupancy
• Sunset clause shall be applied and residential land use shall expire three years from
the date of passage of ordinances annexing and zoning the properties
• Gravel driveway shall be paved at 3102 Lincoln Road within one year of passage of the
ordinances annexing and zoning the property
• Two billboards shall be removed from the properties within 90 days of annexation to the
City
• Two billboards shall remain for no more than one year following the-date of approval of
zoning and variances by Council
• Properties shall be improved aesthetically once annexed to the City, including:
• Single fence type/style—one for each property
• Additional landscaping to be planted on each property
• Shrubs, weeds and overgrowth to be trimmed and maintained
• General property maintenance codes shall be followed
• An accurate Plat of Survey shall be submitted prior to Council consideration of the
applicant's request
REQUEST FROM ILLINOIS DEPARTMENT OF TRANSPORTATION TO PURCHASE
REQUIRED RIGHT-OF-WAY FOR THE ILLINOIS ROUTE 120 IMPROVEMEMT
PROJECT
Attorney McArdle stated the property in question is located on the north side of
Route 120 adjacent to Zion Lutheran Church. The property is currently being used as a
bike path and drainage ditch. Director Parks and Recreation Merkel noted the property
was originally donated to the City by Mr. James Althoff. Attorney McArdle stated Illinois
Department of Transportation (IDOT) will relocate the sign in order to extend the box
culvert. He noted further all costs associated with the purchase would be borne by the
State of Illinois.
Motion by Bolger, seconded by Wimmer, to accept the Illinois Department of
Transportation's offer to purchase 871 sq. ft of property located north of Route 120
adjacent to Zion Lutheran Church, at the appraised value of$11,000; and to authorize the
Mayor's execution of the Quit Claim Deed allowing for the acquisition of the said property,
subject to approval of all documents by the City Attorney.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
'�- Absent: None.
Motion carried.
September 4, 2002
Page 6
RESOLUTION TO APPROVE THE LOCAL MATCH FOR GREEN STREET
IMPROVEMENTS THROUGH THE MCHENRY COUNTY COUNCIL OF MAYORS
SURFACE TRANSPORTATION PROGRAM (STP)
Attorney McArdle reported the City had been notified of the availability of Local
Agency Pavement Preservation (LAPP) Funding which might be utilized for the Green
Street Improvements from Kane Avenue to Turnberry Drive. Attorney McArdle noted LAPP
funding requires the City to commit 20% of the cost of the project. The City share would be
$30,000 which would be included in the 2003-2004 budget.
Attorney McArdle stated the City must pass a resolution in support of the application
for funding and affirming the City's commitment to set aside $30,000 toward this project
Motion by Low, seconded by Wimmer, to pass and approve a resolution in support
of the City's application for funding from the Local Agency Pavement Preservation Funds
through the McHenry County Council of Mayors Surface Transportation Program.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried. _
RESOLUTIONS TO APPROVE THE LOCAL MATCH THROUGH THE MCHENRY
COUNTY COUNCIL OF MAYORS SURFACE TRANSPORTATION PROGRAM (STP)
FOR:
1. INTERSECTION OF ILLINOIS ROUTE 120 AND ILLINOIS ROUTE 31
IMPROVEMENTS:
2. LILLIAN STREET IMPROVEMENTS:
3 MCCULLOM LAKE ROAD IMPROVEMENTS
Mayor Althoff stated Council, at its August 12, 2002 regularly scheduled meeting,
approved an Engineering Services Agreement with Smith Engineering for various road
improvements. In conjunction with the roadway improvements, application is being made to
the Council of Mayors for funding from their Surface Transportation Program. Application
will be made as follows:
• Intersection of Illinois Route 120 and Illinois Route 120 Improvements in the amount of
$250,000
• Lillian Street Improvements in the amount of$215,000
• McCullom Lake Road Improvements in the amount of$250,000.
Mayor Althoff noted upon Council approval of the attached resolutions, application
will be made to the McHenry County Council of Mayors.
Motion by Bolger, seconded by Low, to pass and approve a resolution in support of
the City's application to the McHenry County Council of Mayors Surface Transportation
Program for funding of the City's Intersection of Illinois route 120 and Illinois Route 120
Improvements in the amount of$250,000.
September 4, 2002
Page 7
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
-- Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Glab, to pass and approve a resolution in support of
the City's application to the McHenry County Council of Mayors Surface Transportation
Program for funding of the Lillian Street Improvements in the amount of$215,000.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Murgatroyd, to pass and approve a resolution in
support of the City's application to the McHenry County Council of Mayors Surface
Transportation Program for funding of the McCullom Lake Road Improvements in the
amount of$250,000 on a pro rata share basis with adjoining municipalities.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 TRAFFIC CODE —
INSTALLATION OF STOP SIGNS IN PARK RIDGE ESTATES PHASE III AND PHASE IV
Director of Public Works Marcinko stated a stop sign plan for Park Ridge Estates
Phase III was submitted by Condon Consulting Engineers. The ordinance provided Council
includes the locations referenced in Condon's stop sign plan.
Alderman Low stated the City's intent is to limit traffic volume on longer streets.
Alderman Glab requested the list of stop streets being proposed be incorporated into the
minutes of this meeting. Mayor Althoff concurred.
Motion by Wimmer, seconded by Bolger, to pass and approve an ordinance
creating stop streets in Park Ridge Estates Phase III, as follows:
Stop Street Intersecting Street
Cross Trail(NB) Dartmoor Drive
Cross Trail(NB/SB) Joyce Lane
Glenbrook Trail (NB) Dartmoor Drive
Greendale Court (WB) Loyola Drive
Joyce Lane(NB/SB) Dartmoor Drive
Joyce Lane(NB) Loyola Drive
'L Loyola Drive(SB) Dartmoor Drive
Norman Drive(NB) Dartmoor Drive
Norman Drive(WB) Joyce Lane.
September 4, 2002 _
Page 8
Voting Aye: Bolger, Low, Murgatroyd, Wimmer.
Voting Nay: Glab.
Absent: None.
Motion carried.
MEYER MATERIAL ANNEXATION —CONTINUED DISCUSSION
Mayor Althoff opened the floor to Council's continued discussion regarding the
Meyer Material Annexation.
Alderman Murgatroyd questioned if addressing issues of the annexation agreement
is appropriate as the results of the air quality test at not known as this time. He also noted
it has yet to be determined if gravel mining is an appropriate use for this property.
Following a brief discussion, it was the consensus of Council to commence reviewing the
agreement paragraph by paragraph.
Director Community Development Napolitano noted paragraph #3 has been stricken
as it was unnecessary. Regarding paragraph #4, Director Napolitano stated the Petitioner
is recommending an annexation fee of $.0375/ton. Referencing language in paragraph
3(b) Alderman Murgatroyd opined language should be adjusted so that the City is not
holding $75,000 and refunding 50% each year that two million tons are not mined.
Continuing with the review, Director Napolitano stated there have been discussions
regarding adjustment of the amount of the reclamation bond required in paragraph #6. The
requested reclamation bond is $2,500/acre. At Council's request, City Attorney McArdle
will secure a copy of State Bonding requirements for Council's edification. Council also
requested they be provided with copies of Illinois Department of Natural Resource Reports
of the Meyer Mining Operation.
City Administrator Lobaito, referencing paragraph #7, Storm Water Detention, noted
the paragraph requires further clarification. The purpose of the paragraph is to ensure
pesticides are not directly discharged into the lake.
Paragraph 8 references screening and landscaping requirements. Director
Napolitano inquired if Council wished to impose more intense landscaping. Alderman
Murgatroyd suggested more trees be included in the landscape.plan.
Director Napolitano noted paragraph 9 details payment for tree removal. He noted
the Applicant would like to defer payment of the $84,600 until trees are removed. Alderman
Low inquired if preserving the stand of trees on the property was feasible. Mr. Miller
responded in the negative, noting the stand of trees is situated in the middle of the
proposed lake locale. Alderman Glab suggested money paid for tree removal be utilized
for beautification of the berms to be located on the perimeter of the property.
Discussion on paragraphs #10, compliance with IEPA Requirements, and #11, air
Quality Testing, was deferred until the results of the air quality test are known.
September 4, 2002
Page 9 -.
Director Napolitano stated with regard to paragraph 12, Groundwater Protection,
-... county regulations require well monitoring and weekly checks with monthly monitoring and
quarterly filing of those reports.
Mayor Althoff suggested Council review the agreement through page 6 this evening,
and to recommence with page 7 at the next meeting, due to the lateness of the hour.
Council concurred.
It was the consensus of Council to strike paragraph 13, Noise. City Administrator
Lobaito suggested language remain and that Staff conduct evaluations and maintain
reports on noise levels.
Director Napolitano, referencing paragraph 14, Inspections, noted the county
performs inspections three times each year. Alderman Glab suggested inspections should
be done by an outside entity. Alderman Low opined the City should conform to the County
as far as inspections are concerned. It was the consensus three inspections per year
should be required in the agreement.
Director Napolitano noted regarding paragraph 15, Re-Certification of Operation,
the IEPA governs the certification process. Mr. Miller confirmed the re-certification for the
processing plants is covered within the terms of the IEPA Permit. This information would
then be covered under the single paragraph addressing reports, permits, certification, etc.
from all various government entities.
Following a brief discussion, it was the consensus of Council to strike paragraph 16,
Use of Radar-Operated Silent Back-Up Alarms on Equipment. Director Napolitano noted
all alarms must be in compliance with the City's noise ordinance.
Director Napolitano stated paragraph 17 covers damage to vehicles from rocks
falling from gravel trucks. Alderman Glab opined the State needs to address more
stringent enforcement of gravel truck coverings to prevent incidents with rocks falling on
the roadway and on vehicles.
Mayor Althoff closed the discussion regarding the Meyer Material Annexation
Agreement at this time, noting discussion would continue at the September 16, 2002
regularly scheduled Council Meeting.
MAYOR - STATEMENT AND REPORT
Mayor Althoff referencing her memo requested Council ratify the appointment to the
City's Landmark Commission of Mary A. Dixon for a term expiring September 1, 2003 and
Susan Hendrickson for a term expiring April 30, 2005.
Motion by Low, seconded by Wimmer, to approve the Mayoral appointment to the
-L City's Landmark Commission as follows:
• Mary A Dixon to fulfill the unexpired term of Greg Lofgren, with a term expiring
September 4, 2002 -_
Page 10
September 1, 2003;
• Susan Hendrickson to fulfill the unexpired term of Susan Kotomski, with a teen expiring
April 30, 2005.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Althoff reported the City's September 11 th Memorial Ceremony is scheduled
for 9:00 a.m. at Veterans Memorial Park
Mayor Althoff stated the downtown proposal is being reviewed. Several individuals
have agreed to serve on the steering committee. In response to an inquiry, Mayor Althoff
noted the steering committee meeting would be open to the public. It would be posted so
that any/all of the Council may attend, if they wish.
The Committee of the Whole Meeting to hear the development proposal for
Gerstad's Adams Farm Development is scheduled for September 10th and will begin at 7
p.m. Packets will be delivered Friday, September 6, 2002. _
Mayor Althoff, noting this was the last regular City Council Meeting for departing
City Administrator Lobaito, acknowledged his service to the City and wished him well in his
new position.
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd reported there
was a Finance and Personnel Committee Meeting before this evening's Council Meeting.
Chairman Murgatroyd noted two agenda items were discussed:
CALEA certification for the Police Department;
Proposed restructuring of the administrative offices.
Some discussion followed regarding the necessity for being provided building
permit reports and public works man-hour reports on a regular basis.
DEPARTMENT HEAD REPORTS
Director Parks and Recreation Merkel reported the second portion of the Petersen
Park Grant for the Boat Ramp had been submitted.
City Administrator Lobaito stated he has been excited by his association with the
City of McHenry for the past ten years. He noted McHenry is a great community. He stated
he will miss the relationships he has developed through the years.
NEW BUSINESS
In response to Alderman Glab's inquiry, th Mayor Althoff noted several
commemorative services are planned for September 11 . She will provide a complete list
September 4, 2002
Page 11
in her Friday Mayor's Weekly Update.
In response to Alderman Glab's inquiry, Director Community Development
Napolitano stated the seawall collapsed adjacent to the McHenry Savings Bank Green
Street facility.
EXECUTIVE SESSION: POTENTIAL LITITATION AND PERSONNEL
Motion by Low, seconded by Murgatroyd, to go into Executive Session at 10:20 p.m.
to discuss Potential Litigation and Personnel.
Voting Aye: Bolger, Glab, Low, Wimmer.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Council went into Executive Session at 10:27 p.m.
Motion by Glab, seconded by Low, to return to Open Session at 11:04 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 11:04 p.m.
ADJOURNMENT
Motion by Low, seconded by Glab, to adjourn the meeting a 11:05 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 11:05 p.m.
MAYOR TY CL