HomeMy WebLinkAboutMinutes - 07/01/2002 - City Council REGULAR MEETING
JULY 1, 2002
The Regular Meeting of the McHenry City Council was called to order by Mayor
Althoff at 7:30 P.M. on Monday, July 1, 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. Absent: Director Parks
and Recreation Merkel and Chief of Police O'Meara.
PUBLIC HEARING TO CONSIDER A REQUEST FROM C &A LEASING CORPORATION
FOR AN ANNEXATION AGREEMENT; VACATION OF A PORTION OF HILL STREET;
REZONING FROM ESTATE DISTRICT TO 1-1 INDUSTRIAL DISTRICT; CONDITIONAL
USE PERMIT TO ALLOW FOR THE OUTSIDE STORAGE OF RECREATIONAL
VEHICLES
Mayor Althoff called the Public Hearing to order at 7:33 p.m. regarding a request
from C &A Leasing Corporation to:
• enter into an Annexation Agreement;
• vacate a portion of Hill Street;
• rezone from Estate District to 1-1 Industrial District;
• grant a Conditional Use Permit to allow for the outside storage of recreational vehicles.
Mayor Althoff noted typically Staff provides information regarding Public Hearings
two weeks ahead of time. Unaware of the two-week requirement, the Petitioners
inadvertently published for this evening's Public Hearing. Mayor Althoff requested a motion
to recess the Public Hearing until Monday, July 15, 2002 at 7:30 p.m. to permit adequate
review of the information provided.
Motion by Glab, seconded by Murgatroyd, to reschedule the Public Hearing to
consider C &A Leasing Corporation's request to:
• enter into an Annexation Agreement;
• vacate a portion of Hill Street;
• rezone from Estate District to 1-1 Industrial District;
• grant a Conditional Use Permit to allow for the outside storage of recreational vehicles;
to Monday, July 15, 2002, at 7:30 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried. `
TEN MINUTE PUBLIC INPUT
Mr. Dean Clark of 420 Brookwood Trail expressed his displeasure with the lights
from Valley View Commons shining directly into the residences of Winding Creek
Subdivision.
Mayor Althoff assured Mr. Clark Staff would review the situation and return to
Council with a recommendation.
July 1, 2002
Page 2
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CONSENT AGENDA
Motion by Bolger, seconded by Low, to approve the Consent Agenda as presented:
■ Year 2002/2003 Prevailing Wage Ordinance;
■ Block Park Request
■ Jim and Jackie Bowles, McHenry Shores Subdivision;
■ Request for Picnic Special Use Permit;
■ Recommendation to hire Erin Montressor as Telecommunications Officer, at an
annual salary of$31,006;
■ Approval of City Council Minutes:
June 10, 2002, regularly scheduled meeting
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE, 601 S. BROADWAY
Joleen Brastad of 601 S. Broadway addressed Council requesting a variance to _
allow the installation of a 4-foot high, chain link fence along her Bull Valley Road property
line in order to provide a safe play area for her two small children.
Director of Community Development Napolitano stated Ms. Brastad has a unique
corner lot with frontage on both Bull Valley Road and Broadway. He noted the Zoning
Ordinance states for a corner lot the side with the least amount of frontage is considered
the front yard. In the case of Ms. Brastad's property, Bull Valley Road is considered the
front yard. Fence regulations require a 30' setback be maintained for a front yard setback.
Director Napolitano stated Staff supports granting a variance. He noted Staff is suggesting
a 5' setback, which would have less of an impact on the front yard of the property to the
west on Bull Valley Road. Staff believes it is unlikely the chain link fence would cause any
impact on vehicular sight lines.
Responding to Alderman Murgatroyd's concerns, Director of Public Works Marcinko
stated sight line visibility of the stop sign located at the southeast corner of the intersection
of Bull Valley Road and Broadway would not be obstructed by the erection of a chain link
fence on the property line.
Motion by Wimmer, seconded by Low, to approve the request for fence variance at
601 S. Broadway, for a 4-foot chain link fence with no front yard setback, subject to the
condition that no landscaping be planted which would impede the vehicular sight line.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer. _
Abstain: Glab.
Voting Nay: None.
Absent: None.
Motion carried.
July 1, 2002
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REQUEST FOR DRIVEWAY VARIANCE, 912 CENTER STREET
Mr. Michael Palmer of 912 Center Street addressed Council requesting approval of
a variance to allow a driveway apron width of 37 feet. Mr. Palmer stated he has a 3-car
garage and there is an elevation change of approximately 2-feet between the second and
third garage stall.
Director Napolitano noted the Municipal Code states a driveway may not exceed
25', measured at the property line, for a 3-car garage. Director Napolitano stated the third
stall was constructed as part of a garage expansion. He noted two driveways are permitted
on a lot having frontage greater than 100'; however, there must be a separation of at least
10', at the property line. therefore in this case the construction of two separate driveways
is not an option. Director Napolitano stated the driveway expansion would enhance the
aesthetics of the driveway area providing a solution to the elevation change Staff has no
concerns with the variance.
Motion by Wimmer, seconded by Low, approve the request by Michael Palmer to
permit a 37 foot driveway apron width on his property located at 912 Center Street as
presented.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried.
YEAR 2002-2003 MC HENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY
(MCMRMA) RENEWAL
Assistant City Administrator Lockerby addressed Council stating annually the City
must renew its membership in the McHenry County Rick Management Agency (MCMRMA).
Assistant Administrator Lockerby noted the premium in 2001/2002 amounted to $354,611.
The renewal for 2002/2003 amounts to $547,147, a 54% increase in cost. Assistant
Administrator Lockerby advised the large increase is due to three factors:
• Insurance rates have been rapidly increasing since the year 2000;
The events of September 11, 2001; and
• MCMRMA is increasing the pre-funding levels for unfunded exposures.
The MCMRMA Board established a payment plan of $273,574, one-half, of the
renewal cost to be paid in July 2002, with the balance of $273,573 to be paid by October `
2002 from the Risk Management Fund. Mr. Lockerby iterated Council approved $472,000
for the premium payment in the 2002/2003 Budget, noting the Risk Management Fund
balance is $557,106. Staff recommended Council approve the renewal.
Responding to Alderman Murgatroyd's inquiry regarding the possible increase of
.� internal rates, Assistant City Administrator Lockerby stated due to the unusually large
increase this year, rates will be reviewed during the budget process for the 2003/2004
Budget.
July 1, 2002
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Motion by Bolger, seconded by Murgatroyd, to approve the payment to MCMRMA in
the amount of$547,147, with a payment of $273,574, immediately and a second payment
of $273,573 by October 1, 2002, with both payments being made from the Risk
Management Fund.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR -STATEMENT AND REPORT
Mayor Althoff announced an Executive Session to address Potential Litigation.
Mayor Althoff informed Council Clarke Environmental has notified the City the
annoyance level of mosquitoes is due to reach an unbearable level and has suggested a
city-wide spraying. Mayor Althoff stated a city-wide mosquito abatement program will take
place beginning Friday, July 5, 2002 at 10:00 p.m. and ending Saturday, July 6, 2002 at
5:00 a.m. She noted the office of the City Clerk has contacted certain residents who have
requested they be advised directly when mosquito spraying occurs and has also alerted
the media. In addition, Mayor Althoff announced the City sprays Knox Park, Petersen Park _
and Veteran's Park for Fiesta Days.
Mayor Althoff stated she would like to tentatively schedule a Committee of the
Whole Meeting on Wednesday, July 24, 2002 at 7:30 p.m. to consider a development
proposal by Prime Commercial Development for their property located on the east side of
South Route 31. Alderman Murgatroyd and Alderman Low advised Council they would be
unavailable on July 24, 2002. Director of Community Development Napolitano advised an
alternative date will be considered and Council advised.
Mayor Althoff announced Alderman Glab had approached her with concerns
regarding her position as a director for McHenry Savings Bank. Mayor Althoff requested
the Minutes reflect her position as a Director on the McHenry Savings Bank Board. She
advised Council she sought the opinion of City Attorney McArdle in December 2001 and
was informed of no conflict of interest. City Attorney McArdle noted in his letter should the
issue of City deposits come before the Council, the Mayor's only obligation under State
Statutes would be to disclose an interest in the depository bank and refrain from
discussion and voting. Mayor Althoff distributed a copy of City Attorney McArdle's letter
dated December 19, 2001 noting a copy of the letter is on file at McHenry Savings Bank.
COMMITTEE REPORTS
There were no Committee reports. _
DEPARTMENT HEAD REPORTS
Director of Public Works Marcinko informed Council repairs to the Sioux Lane
elevated storage tank have begun and completion is anticipated within three months.
July 1, 2002
Page 5
Director of Community Development Napolitano reported the application was
submitted for the Illinois Tomorrow Comprehensive Transportation Grant on Friday, June
28, 2002, and noted Council will be kept apprised.
City Clerk Jones informed Council of a request from Kathleen Lynd for a bonfire to
be held on July 4, 2002, from 9:00 p.m. until midnight at 813 North Mill Street. City Clerk
Jones stated the request was received on June 26, 2002, too late to be presented on the
Agenda for tonight's meeting.
Motion by Wimmer, seconded by Bolger, to approve the Bonfire Permit Application
of Kathleen Lynd for a bonfire to be held on July 4, 2002 from 9:00 p.m. until midnight at
813 North Mill Street.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Jones informed Council of a block party request received this morning
from Nicholas Wirth, Sr. a resident of 4002 Landings Court, for a block party to be held on
Saturday, July 6, 2002, closing the Landings Court cul-de-sac in Olde Mill Ponds
Subdivision from 2:00 p.m. to 11:00 p.m.
Motion by Low, seconded by Wimmer, to approve the request of Nicholas Wirth, Sr.
for a block party to be held on Saturday, July 6, 2002, closing Landings Court cul-de-sac in
Olde Mill Ponds Subdivision from 2:00 p.m. to 11:00 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Jones informed Council vehicle stickers should have been displayed on
all vehicles within the City of McHenry no later than June 30, 2002. A $3.00 per month
penalty is being imposed on vehicle stickers purchased beginning today.
City Administrator Lobaito requested a Finance and Personnel Committee meeting
be scheduled for Monday, July 15, 2002 at 7:00 p.m. to discuss a new position created for
the Administration office.
City Attorney McArdle informed Council the Solicitation Ordinance continues to be
reviewed by Staff. Recently the Supreme Court ruled a municipality has no power to
regulate or prohibit non-for-profit groups, such as religious groups or politicians, from
soliciting door-to-door in residential neighborhoods. Alternatively, when funds are solicited
ti by businesses a municipality may regulate or prohibit solicitation.
City Attorney McArdle stated the City's current ordinance, which distinguishes
between not-for-profit organizations and organizations and/or businesses peddling
July 1, 2002
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merchandise or wares needs to be addressed and revised.
NEW BUSINESS
Alderman Bolger suggested a letter of commendation be submitted to the retail
establishment known as Harbor Wallbangers for the extensive work performed on the
building fagade at the corner of Main Street and Illinois Route 31.
Alderman Glab congratulated McHenry Savings Bank on the Grand Opening of their
new facility.
Responding to Alderman Glab's inquiry about the telephone pole in the intersection
of Knox Park and Route 31, Director of Public Works Marcinko informed Council Staff is
working with Commonwealth Edison addressing the issue of connection of power to Knox
Park, the Skate Park and the tennis courts.
EXECUTIVE SESSION
Motion by Bolger, seconded by Glab, to go into Executive Session at 8:20 p.m. to
discuss Potential Litigation.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None. _
Absent: None.
Motion carried.
Council went into Executive Session at 8:28 p.m.
Motion by Bolger, seconded by Wimmer, to return to Open Session at 8:47 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:47 p.m.
ADJOURNMENT
Motion by Low, seconded by Glab, to adjourn the meeting at 8:48 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None
Absent: None.
Motion carried.
The Meeting was adjourned at 8:48 p.m.
MA OR CITY C17K