Loading...
HomeMy WebLinkAboutMinutes - 07/29/2002 - City Council REGULAR MEETING JULY 29, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, July 29, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low and Murgatroyd. Absent: Wimmer. 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. PUBLIC HEARING TO CONSIDER THE FIRST AMENDMENT TO THE SHAMROCK FARMS ANNEXATION AGREEMENT Mayor Althoff called the Public Hearing to order at 7:32 p.m. regarding a request to amend the Shamrock Farms Annexation Agreement. City Administrator Lobaito stated the Johnson Family, owners of the Shamrock Farm Property, is selling a portion of the development to Kimball Hill Homes for construction of residential units. Kimball Hill Homes, as the developer, will be responsible for providing a letter of credit for their portion of the development. The Johnson Family, as development consultant, is seeking to maintain some control over the development. Director of Community Development Napolitano stated the Johnson Family would like the option to complete the required public improvements should Kimball Hill default on their obligations. In order to facilitate their request an amendment to the Annexation Agreement is necessary, requiring a Public Hearing. Director Napolitano noted the amendment does not impact the completion of the required public improvements and informed Council, City Attorney McArdle has reviewed the proposed amendment documents. Mayor Althoff opened the floor to audience questions and/or comments. There were none. In response to Mayor Althoffs inquiry, City Clerk Jones stated there were no written and/or verbal comments received in the Office of the City Clerk with regard to this Public Hearing. Motion by Glab, seconded by Murgatroyd, to close the Public Hearing regarding a request to amend the Shamrock Farms Annexation Agreement at 7:34 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Motion by Glab, seconded by Bolger, approving the First Amendment to the Shamrock Farms Annexation Agreement. Voting Aye: Bolger, Glab, Low, Murgatroyd, Althoff. ~' Voting Nay: None. Absent: Wimmer. Motion carried. July 29, 2002 Page 2 PUBLIC HEARING TO CONSIDER A PRE-ANNEXATION AGREEMENT WITH ANN TROKA, 1904 N. ORCHARD BEACH ROAD Mayor Althoff called the Public Hearing to order at 7:35 p.m. regarding a request to consider a Pre-Annexation Agreement with Ann Troka of 1904 North Orchard Beach Road. Mayor Althoff stated Kennedy Homes is attempting to secure an easement through Orchard Beach Subdivision to accommodate stormwater runoff from the Riverside Hollow development. Discussions have been ongoing between Mrs. Wahl, the owner of the property, regarding an easement over the property on which the existing 21-inch drainage pipe is located. To date, Mrs. Wahl has been unwilling to cooperate regarding the easement. In an effort to obtain an easement Kennedy Homes approached the property owner to the south of Mrs. Wahl, Ms. Ann Troka. Prior to granting an easement Ms. Troka is seeking certain assurances regarding existing improvements and possible future improvements should the property be annexed to the City. Director of Community Development Napolitano informed Council Ms. Troka is experiencing septic problems and would like the ability to connect to City sewer. Staff has determined the most expeditious manner to address the concerns of all parties is to enter into a pre-annexation agreement. A pre-annexation agreement has been drafted to provide Ms. Troka the assurances ' she seeks regarding her lot and improvements, and to provide Kennedy Homes the ability to secure the necessary stormwater drainage easement. Director of Community Development Napolitano noted Staff and City Attorney McArdle have reviewed the pre-annexation agreement and find it in order. Mike Chmiel, attorney for the Orchard Beach Homeowners Association, requested Council recess the Public Hearing to provide him ample opportunity to review all documentation and address the issues of maintenance of the road. Attorney McArdle informed Mr. Chmiel this issue addressed only the drainage easement and does not bear on the issues addressed in the lawsuit. Mayor Althoff opened the floor to audience questions and/or comments. There were none. In response to Mayor Althoff inquiry, City Clerk Jones stated there were no written and/or verbal comments received in the Office of the City Clerk with regard to this Public Hearing. Motion by Glab, seconded by Low, to close the Public Hearing regarding a request to consider a Pre-Annexation Agreement with Ann Troka at 7:47 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. July 29, 2002 Page 3 Motion by Glab, seconded by Low, to approve the Mayor's execution of the Pre- Annexation Agreement with Ann Troka of 1904 N. Orchard Beach Road and to direct Staff to draft the required Ordinance for approval. Voting Aye: Bolger, Glab, Low, Murgatroyd, Althoff. Voting Nay: None. Absent: Wimmer. Motion carried. PUBLIC HEARING REGARDING THE 2003/2002 ANNUAL APPROPRIATION ORDINANCE IN THE AMOUNT OF $44.300,419 Mayor Althoff called the Public Hearing to order at 7:48 p.m. regarding the 2002/2003 Annual Appropriation Ordinance, in the amount of$44,300,419. Mayor Althoff informed Council according to state statute the City must adopt an Appropriation Ordinance in the first quarter of the City's fiscal year. The Appropriation Ordinance provides the legal authority to allocate funds to specific spending activities and establishes the City's legal spending limit for the 2002-2003 Fiscal Year. Staff requests Council's approval of the Annual Appropriation Ordinance in the amount of $44,300,419. All foreseeable expenditures have been included. Staff noted the Appropriation Ordinance establishes the maximum level of expenditures, which can be authorized only if adequate revenues are available. Mayor Althoff opened the floor to audience questions and/or comments. There were none. In response to Mayor Althoff inquiry, City Clerk Jones stated there were no written and/or verbal comments received in the Office of the City Clerk with regard to this Public Hearing. Motion by Glab, seconded by Murgatroyd, to close the Public Hearing regarding the 2002/2003 Annual Appropriation Ordinance, in the amount of$44,300,419 at 7:50 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Motion by Murgatroyd, seconded by Bolger, to pass and approve the 2002/2003 Annual Appropriation Ordinance, establishing the City of McHenry's legal spending limit for the 2002-2003 Fiscal Year, in the amount of$44,300,419. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. �- Motion carried. July 29, 2002 Page 4 TEN MINUTE PUBLIC INPUT Mr. Brian Florence of 6003 Whiteoak Drive addressed Council stating he is a resident of the Martin Woods Subdivision. He stated he would like to present Council with some documents and letters McCORE feels addresses open-ended issues from the Special Meeting held on July 22, 2002. Mr. Florence presented Council with the following: • Correspondence from Illinois Department of Transportation to Smith Engineering Consultants, Inc. dated April 19, 2002; • A copy of a memo and blank survey form from Director of Community Development Napolitano to the residents of Glacier Ridge Subdivision or Wood Creek Subdivision regarding a survey of the Meyer Material Mining Operation. • Miscellaneous letters to Mayor Althoff and Council from residents of the City regarding the proposed Meyer Material expansion. Mayor Althoff assured Mr. Florence his concerns and those of McCORE were being addressed. PRESENTATION Chief of Police O'Meara introduced Officer Omar Morales and Officer Ryan Pardue, both recently graduated from the academy and have been assigned to duty with the Police Department. Director of Public Works Marcinko introduced Russell Horning and John Dillon, new employees in the Public Works Department, Streets Division. Mayor Althoff and Council wished the new employees well in their new positions with the City. CONSENT AGENDA Motion by Bolger, seconded by Low, to approve the Consent Agenda as presented: ■ Resolution in support of School Safety Week, August 26 through September 1, 2002; ■ Resolution in support of McHenry County's request for funding from the Illinois Tourism Corridor Planning Grant Program; ■ Block Park Request ■ Ann Staehle, Mill Creek Subdivision; ■ Annette Cuda, Martin Woods Subdivision; ;onfire Marci Zeoli, Fox Ridge Subdivision ■ Permit Request ■ Frank Mueller, 2819 West Route 120; ■ Rich Davis, Crescent Avenue Beach; 4quest Jim Bowles, 3011 Miller Drive ■ for Picnic/Special Use Permit; ■ Request to advertise for bid, Public Works Department purchase of two (2) Streets Division Pickup Trucks; ■ Approval of City Council Minutes: July 29, 2002 Page 5 ■ Approval of City Council Minutes: ■ June 17, 2002, regularly scheduled meeting ■ July 1, 2002, regularly scheduled meeting Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Alderman Glab requested the Minutes reflect when Block Party Requests are approved the City is authorizing and responsible only for the closure of certain streets. SEMI-ANNUAL DISTRIBUTION OF DEVELOPER DONATION FEES TO TAXING DISTRICTS As outlined in the City's Subdivision Control Ordinance, Council must approve and direct the City Clerk's semi-annual disbursement of Developer Donation Fees to the following taxing districts: McHenry Elementary School District 15 McHenry High School District 156 McHenry Public Library District McHenry Township Fire Protection District. Mayor Althoff presented the Developer Donation Fees collected from January 1, 2002 through June 30, 2002 to representatives of the taxing districts. The second distribution of Developer Donation Fees will be mailed directly to the taxing districts. Developer Donation Fees collected for the first half of 2002 are as follows: McHenry School District 156 $125,253.10 McHenry School District 15 $232,612.90 McHenry Public Library District $ 27,779.00 McHenry Township Fire Protection District $ 27,779.00 TOTAL $413,424.00 City Clerk Jones noted the City of McHenry's Park and Recreation Department received $320,032.00 in Developer Donation Fees for the same time period, for a total ` recapitulation from January through June 2002 of$733,456.00. Mayor Althoff introduced newly appointed District 156 Superintendent Phillip Hintz. Superintendent Hintz thanked the Council, stating he was pleased to be associated with District 156 and the City of McHenry. Supt. Hintz accepted the check on behalf of District 156. Dwight Hybicki accepted on behalf of District 15. Marlene Kaspik accepted on 1' behalf of the McHenry Public Library District, thanking the City. She noted the funds would be used judiciously. Chief Wayne Amore accepted on behalf of the McHenry Township Fire Protection District. July 29, 2002 Page 6 -ti REQUEST FOR A CLASS F2 LIQUOR LICENSE FROM CHANDRA, INC D/B/A RIVERSIDE SHOP-N-GO LOCATED AT 1325 N. RIVERSIDE DRIVE Mayor Althoff stated she received a request from Chirag Patel and Deven Patel of Chandra, Inc. for a Class F2 Liquor License at the Riverside Shop-N-Go located at 1325 N. Riverside Drive, to sell at retail, packaged alcoholic liquors. Mayor Althoff noted Chirag Patel and Deven Patel have met with her, submitted all required information, paid the $800 annual license fee and have been fingerprinted. Additionally, all employees of Riverside Shop-N-Go will attend the next Beverage Alcohol Sellers & Servers Education Training (BASSET) class. Motion by Bolger, seconded by Low, to approve the request for a Class F2 Liquor License from Chandra, Inc., d/b/a Riverside Shop-N-Go located at 1325 N. Riverside Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Motion by Low, seconded by Bolger, to approve the Ordinance Amending Section 4- r 6 of the Municipal Code increasing the number of Class F2 Liquor Licenses from nine to ten. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. RIVERSIDE HOLLOW SUBDIVISION — KENNEDY HOMES DEVELOPER AGREEMENT AND FINAL PLAT APPROVAL Mayor Althoff introduced John Emigh, a principal of Kennedy Homes. Mr. Emigh addressed Council stating Kennedy Homes is seeking final plat approval for Riverside Hollow Subdivision. Mr. Emigh informed Council the subdivision is approximately 54 acres, consisting of 95 single-family lots zoned RS-2. It is the developer's intent to dedicate Lot 97 to the City, as a tot lot, and also to dedicate the 14-acre Outlot A, north of FAP 420, to the City. Mr. Emigh stated Kennedy Homes is also dedicating 15 feet of land ` along Orchard Beach Road for possible future improvements and providing a 10-foot public utility and drainage easement along the rear of lots 7-9, 13-22 and Lot 96. He stated as agreed upon in the Annexation Agreement, a five-foot high cedar fence will be erected along Orchard Beach Road, except along Outlot 96, which is the retention pond. City Attorney McArdle presented a list of conditions submitted by the Orchard Beach Homeowners Association. Responding to questions from Council Mr. Emigh stated it has always been the intent of Kennedy Homes to work with the homeowners association in an effort to resolve outstanding issues. City Attorney McArdle opined it is the City's obligation July 29, 2002 Page 7 to negotiate with the homeowners association, but should negotiations fail, the City would have no alternative but to approve an ordinance authorizing the initiation of condemnation proceedings. Alderman Low stated an extraordinary amount of time has been spent on this matter and opined it appears Kennedy Homes has made every effort to move the process forward. Alderman Bolger and Alderman Glab concurred with Alderman Low, expressing concern a resolution has not been achieved, and stating they would like to see the project move forward. Mr. Dreiske, President of the Orchard Beach Homeowners Association, speaking from the audience, stated the homeowners association has acted in good faith but the theme has changed since the agreement was made last fall. Attorney Mike Chmiel representing the Orchard Beach Homeowners Association requested a brief continuance or, alternatively, if the final plat is approved, a caveat stating negotiations should continue. Alderman Murgatroyd opined approval of the final plat should not instigate a breakdown in negotiations. Mr. Emigh iterated every day the project is delayed costs Kennedy Homes a great deal of money. He assured Council Kennedy Homes intends to continue negotiations with the homeowners association. Responding to Alderman Murgatroyd's inquiry Mr. Emigh opined 45 homes could be constructed prior to the end of the year. Motion by Low, seconded by Murgatroyd, to approve • the Mayor's execution of the Developers Agreement between the City of McHenry and Kennedy Construction, Inc. for the Riverside Hollow Subdivision; • the Final Plat of Riverside Hollow Subdivision prepared by V3 Consultants, dated November 12, 2001, with a latest revision date of April 3, 2002, and that the plat be recorded within six months of Council approval; and • the construction of no more than 45 homes initially be permitted, pending the installation of a 24-inch storm sewer pipe. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. RECAPTURE AGREEMENT WITH DEVELOPER JACK PEASE RELATING TO THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON BULL VALLEY ROAD WEST OF CRYSTAL LAKE ROAD Mayor Althoff informed Council Mr. Jack Pease is requesting the City enter into a Recapture Agreement relating to the cost of improvements to Bull Valley Road, west of Crystal Lake Road. The recapture agreement will permit Mr. Pease to recoup some of the July 29, 2002 Page 8 ti costs associated with the lane improvements constructed on Bull Valley Road from Brookwood Drive east to Crystal Lake Road, to facilitate east and westbound left turns. City Administrator Lobaito informed Council Midwest Bank of McHenry County, located west of Valley View Commons contributed $12,500 to the City of McHenry for the improvements to Bull Valley Road, pursuant to terms in their Annexation Agreement. As part of the rezoning conditions for Valley View Commons, Mr. Pease was also required to make a contribution to the cost of the roadway improvements. Mr. Pease is in the road construction business and as his contribution to the road improvements he offered to construct the required road improvements. City.Administrator Lobaito stated the engineering plans and estimated costs for the improvements was $67,065.55. He noted there is a third benefited property owner, Dave Backhaus, who was contacted and asked to participate in the cost of the improvements. Mr. Backhaus declined to participate. The improvements were completed in the spring of 2002 and Mr. Pease is requesting reimbursement for the bank's portion of the improvements and to be allowed a Recapture Agreement for the remaining benefited property. Mr. Dave Backhaus addressed Council stating he had recently returned from — vacation, noting he only just received notification of the recapture agreement on July 26, ' 2002. He opined he has not had sufficient opportunity to assess the ramifications on the approximate 13 or 14 acres, which would be affected. Mr. Backhaus requested Council grant additional time for him to review the Recapture Agreement. City Administrator Lobaito informed Council discussions have been ongoing with Mr. Backhaus. He suggested Council release the $12,500, contributed by Midwest Bank of McHenry County, to Mr. Pease, and postpone discussion of the Recapture Agreement to the Regular Council meeting scheduled to take place on August 19, 2002. Motion by Bolger, seconded by Glab, to direct Staff to release the $12,500, contributed by Midwest Bank of McHenry County for road improvements to Bull Valley Road, to Jack Pease, and to table discussion of the Recapture Agreement to the Regular Council meeting on August 19, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. ORDINANCE AUTHORIZING THE ANNEXATION AGREEMENT, APPROVAL OF ANNEXATION, REZONING, CONDITIONAL USE, VACATION OF EXISTING UTILITY -- EASEMENT AND VACATION OF A PORTION OF HILL STREET FOR C&A LEASING , CORPORATION Director of Community Development Napolitano informed Council, pursuant to direction at the July 15, 2002 Council meeting, Staff prepared the following Ordinances: • Authorizing the Mayor and City Clerk to execute the annexation agreement; July 29, 2002 Page 9 • Annexing 3.69 acres; • Rezoning the 3.69 acres to 1-1, Industrial District and granting a conditional use permit for outside storage of seasonal recreational vehicles; • Vacating portions of Hill Street right-of-way; and • Vacating an existing utility easement. Director Napolitano informed Council, pursuant to direction at the July 15, 2002 Council meeting, the following paragraphs were amended in the annexation agreement: • Paragraph IV. Language revised to address specific vehicles stored and enforcement; • Paragraph VI. Language revised to address landscape issues. • Paragraph VIII. Language added to clarify annexation fees. Mr. Neal Schepler of 1614 Pleasant Avenue addressed Council stating he is a resident of Lakeland Park. Mr. Schepler expressed concern about storm water run-off should this property be developed. He opined it is his understanding the storm water initially runs south but eventually, ends up in the Lakeland Park drainage. Mayor Althoff suggested Council postpone further discussion of this item until the Regular Council meeting scheduled for August 12, 2002, permitting Staff the opportunity to research the storm water run-off issues. Motion by Low, seconded by Murgatroyd, to postpone discussion of the ordinances authorizing the Annexation Agreement, approval of Annexation, Rezoning, Conditional Use, vacation of existing utility easement and vacation of a portion of Hill Street for C&A Leasing Corporation until the Regular Council meeting scheduled for August 12, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. RECOMMENDATION OF FINANCE AND PERSONNEL COMMITTEE TO APPROVE THE POSITION OF FINANCE DIRECTOR AND TO AUTHORIZE ADVERTISEMENT FOR THE POSITION OF FINANCE DIRECTOR Mayor Althoff recognized Chairman of the Finance and Personnel Committee, Alderman Murgatroyd. Alderman Murgatroyd stated the position of Finance Director has been considered and discussed over a lengthy period of time. During the 2002/2003 budget process Staff re-introduced the position to the organizational structure. The current structure provides the City Clerk/Collector be elected directly by the electorate. The Committee opined .�„ adding a financial professional to the organization would assist in securing the City's financial health in the future and would effect a more centralized financial structure in the City's daily operation. July 29, 2002 Page 10 Alderman Murgatroyd informed Council at the July 15, 2002 Finance and Personnel Committee meeting the Committee recommended Council approve the Finance Director position and authorize Staff to advertise for the position. Motion by Low, seconded by Murgatroyd, to approve the creation of the Finance Director position and to authorize Staff to advertise for the position as a Grade 24, with a salary range of$64,584 to $87,380. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. MAYOR -STATEMENT AND REPORT Mayor Althoff stated her report would be given in Executive Session. COMMITTEE REPORTS There were no Committee reports. DEPARTMENT HEAD REPORTS -- Assistant Administrator Lockerby reported the contractor would begin Riverwalk soil borings on July 30, 2002. The contractor expects to take fifty-eight soil samples. Mr. Lockerby informed Council all affected property owners were notified and necessary property access license agreements were obtained. Additionally, Assistant Administrator Lockerby stated surveyors are working along the Riverwalk corridor completing field measurements for the topographical survey. Director of Parks and Recreation Merkel stated the AIDS Ride was successful and letters had been received from sponsors expressing gratitude for the City's assistance and support. Director Merkel reminded Council a Parks and Recreations Committee meeting is scheduled for Thursday, August 22, 2002 at 7:00 p.m. in the Aldermen Conference Room. City Clerk Jones informed Council, there remains an outstanding balance of $1,197.82 in this year's special assessment billing cycle. The amount is owed by three customers. Delinquent customers have received first and a second notice of payment due. Final notices will be sent, via certified mail, advising of the City's intent to sell the special assessment taxes. All delinquent accounts must be paid in full by October 1, 2002 to avoid being forwarded to the County for sale. City Clerk Jones stated a request for Council's authorization, to forward any remaining delinquent accounts, would be placed on the September 4, 2002 City Council -- meeting agenda. , City Administrator Lobaito announced it is hoped the Finance Director position will be filled prior to initiation of the 2003/2004 Budget to facilitate the individual's integration and familiarization with the process. July 29, 2002 Page 11 NEW BUSINESS Alderman Murgatroyd announced the 8th Annual Hand-Car Race fundraiser For the Children, is scheduled to take place at Petersen Park on Sunday, August 18, 2002 from 9:00 a.m. to 4:00 p.m. He stated Gary Mang, the Event Coordinator, is seeking volunteers. Alderman Glab informed Council he received a telephone call from a constituent at 5219 Dartmoor Drive regarding the no parking issue. He would like the no-parking issue considered at the next Public Works Committee Meeting. EXECUTIVE SESSION Motion by Bolger, seconded by Glab, to go into Executive Session at 9:02 p.m. to discuss Potential Litigation and Personnel. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Council went into Executive Session at 9:12 p.m. Motion by Murgatroyd, seconded by Glab, to return to Open Session at 9:37 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Council went back into Open Session at 9:37 p.m. Motion by Low, seconded by Bolger, to approve a retroactive differential wage compensation for City Administrator John A. Lobaito, between $78,561 and $81,588 for the period May 1, 2000 through December 31, 2000, for a total of$1,985.60; and to approve a pay raise for City Administrator Lobaito to $88,194 (Grade 29, Step 4.5 of the 2002/2003 Salary Matrix) retroactive to May 1, 2002; and to approve an increase to City Administrator Lobaito's monthly car allowance from $250 per month to $350 per month, retroactive to May 1, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. Some discussion took place regarding the location of the future Metra Station and 1. current negotiations between property owners and the Village of Wonder Lake. July 29, 2002 Page 12 -ti ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:50 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: None. Absent: Wimmer. Motion carried. The Meeting was adjourned at 9:50 p.m. z YOR OITY C R e