HomeMy WebLinkAboutMinutes - 10/13/2003 - City Council REGULAR MEETING
OCTOBER 13, 2003
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, October 13, 2003 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City
Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, Director
of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police
O'Meara, Director of Community Development Napolitano, Director of Finance Kline.
Absent: City Clerk Jones.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as
presented:
• Award of bid for asphalt roller to Casey Equipment Company in an amount not-to-
exceed $26,425;
• As Needed Checks:
GENERAL FUND
AFLAC 1,548.58
AMERI-HOST INN 62.26
APWA 150.00
FBI NAA 215.00
FEDEX 19.63
FOP UNITS I/II 1,600.50
FREUND, ROBERT L 625.00
HOME DEPOT/GECF 32.92
ILLINOIS DEPARTMENT OF 244.00
IMRF 38,494.10
MCHENRY COUNTY RECORDER 90.00
MCHENRY SAVINGS BANK 450,000.00
MCPOA 669.30
MICHAEL'S 58.58
NATIONAL GUARDIAN LIFE I 110.08
NCPERS GROUP LIFE INS. 243.00
.PETTY CASH FUND 500.00
POSTMASTER MCHENRY IL 2,211.12
PUBLIC WORKS/PARKS ASSOC 648.00
RESERVE ACCOUNT 2,400.00
SAM'S CLUB 506.15
SECRETARY OF STATE 225.00
SECRETARY OF STATE / POL 78.00
SHAKESPEARE'S CHILD ACAD 5,096.00
SPRINGFIELD HILTON 335.50
UNITED PARCEL SERVICE 139.57
UNITED STATES LIFE INSUR 958.50
UNITED WAY OF MCHENRY CO 252.00
US TREASURY 82.06
WESTERN ILLINOIS UNIVERS 90.00
RECREATION CENTER FUND
HOME STATE BANK 150,000.00
WATER/SEWER FUND
HOME DEPOT/GECF 436.93
RESERVE ACCOUNT 600.00
UNITED STATES LIFE INSUR 145.80
CAPITAL DEVELOPMENT FUND
HOME STATE BANK 500,000.00
EMPLOYEE INSURANCE FUND
BENEFIT SYSTEMS 6 SERVIC 43,516.70
October 13, 2003
Page 2
DO THE RIGHT THING
AMCORE BANK NA 526.18
POLICE PENSION FUND
POL. PEN. FEDERAL W/H - 4,587.68 _
GRAND TOTALS 1,207,498.14
FUND TOTALS.
GENERAL FUND 507,684.85
RECREATION CENTER FUND 150,000.00
WATER/SEWER FUND 1,182.73
CAPITAL DEVELOPMENT FUND 500,000.00
EMPLOYEE INSURANCE FUND 43,516.70
DO THE RIGHT THING 526.18
POLICE PENSION FUND 4,587.68
GRAND TOTALS 1,207,498.14
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE
In attendance was Landmark Commissioner Greg Lofgren. Mr. Lofgren addressed
Council noting in order to obtain Certified Local Government (CLG) approval, some
amendments of the City's Historic Preservation Ordinance were required, namely: --
1. Removal of Paragraph D on Page 5, Section 3 — addressing repair and
maintenance of historic structures;
2. Amendment of Paragraph B, Section V on Page 6, Section 1 — changing a quorum
from six to seven;
3. Amendment of Paragraph C on Page 12, Section 7 —denial of landmark designation
(changing waiting period for reapplication from one year to 90 days);
4: Amendment of Paragraph B Subsections VI and VII on Page 14, Section 2 —
Removing the requirement for developer's name and architect's/contractor's name
on application.
Commissioner Lofgren noted the proposed changes to the Historic Preservation
Ordinance were minimal. If the changes are approved, the Landmark Commission will
pursue Certified Local Government status.
Alderman Murgatroyd stated his support for the City's application for Certified Local
Government status.
Alderman Glab opined the amendment reducing the waiting period for reapplication
from one year to 90 days is not appropriate. However, he stated his support for CLG
status.
Motion by Murgatroyd, seconded by Condon, to direct Staff to prepare an ordinance ,
amending the City's Historic Preservation as follows:
1. Removal of Paragraph D on Page 5, Section 3 — addressing repair and
maintenance of historic structures;
October 13, 2003 a
Page 3
2. Amendment of Paragraph B, Section V on Page 6, Section 1 — changing a quorum
from six to seven;
3. Amendment of Paragraph C on Page 12, Section 7 —denial of landmark designation
(changing waiting period for reapplication from one year to 90 days);
4. Amendment of Paragraph B Subsections VI and VII on Page 14, Section 2 —
Removing the requirement for developer's name and architect's/contractor's name
on application.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mr. Lofgren expressed the Commission's gratitude for Council's support of their
activities. He noted other Commissioners in attendance include Marya Dixon, Merle
Janssen, Patricia Schaffer, Gretchen Thomas, Gerhard Rosenburg, Ilene Wiedeman,
Dawn Johnson, Judy Franks. Commissioner Lofgren noted the Commission hopes to
continue educational activities such as the walking tours, cemetery walks, county barn
tours, creating a second historic structures coloring book, plan for public use of Petersen
Farmstead, inventory and display items from the Robert Petersen Trust. Commissioner
Lofgren informed Council the Commission's office and meeting location is being moved to
the Petersen Homestead. The Commission will continue to gather written and oral histories
of McHenry citizens as well as survey historic structures. The pursuance of the Main Street
Historic District designation is also a top priority. The Commission will continue to be
involved in Riverwalk planning and events.
Commissioner Lofgren stated the Commission will continue be involved in the
review and approval of demolition permits. He asked for Council assistance in securing
developer financial assistance and/or salvage rights in the preservation of historic
structures as they.are annexed into the City.
SIGN VARIANCE— NORTH GATE WEST COMMERCIAL DEVELOPMENT
In attendance were Attorney Sam Diamond, Attorney Danielle Diamond; Curt Yost,
General Manager for the developer of the project; and Developer Jim Schaid.
In response to an inquiry from Alderman Glab, Director of Community Development
Napolitano stated the free-standing sign would be similar to the one located in front of the
Meijer/Home Depot Shopping Center. The sign would be about the same size and height
as that sign. Alderman Glab stated Council has previously denied requests to locate wall
signs on the rear fagade of commercial buildings. He cited the rejected wall sign variances
for Liberty Square Shopping Center at the intersection of Route 31 and Shamrock Lane.
Alderman Glab expressed his concern with the abundance of sign variances and reduction
in external brick on various commercial structures including sign standards.
Alderman Murgatroyd stated he had no objection to the variance for the free-
standing sign. However, he had some concerns regarding the requested additional wall
signs. He noted it was redundant to vary both the free-standing signs and the additional
October 13, 2003
Page 4
wall signs. He opined he would prefer to vary solely the free-standing sign and omit the
additional wall signs. Alderman Wimmer stated his concurrence with Alderman
Murgatroyd. _
Alderman Peterson opined two wall signs per business should be permitted for ease
of identification. Alderman Bolger concurred with Alderman Peterson.
Mr. Diamond noted although North Gate West Development is comprised of 23
acres, only 9 acres are contained outside of the wetlands and are developable. The
proposed second monument sign would be for the entire project. Home State Bank would
occupy the corner lot and would also have a monument sign identifying its location.
Mr. Schaid noted the property restrictions due to the wetlands. Working with the
environment and FAP420 right-of-way dedication causes development hardship resulting
in the need for additional signage for building tenants. He noted a 240' distance from
Route 31 centerline to the property line of the tenant building. Adding the building setback,
it makes it difficult to entice building tenants to utilize the space. Rear fagade signage is
critical to leasing the tenant spaces.
Alderman Glab suggested the building front should face Route 31, removing the
need for rear fagade sign variances. Mayor Low stated her support of both the monument _
sign variance and the rear fagade wall sign variances.
Motion by Peterson, seconded by Bolger, to approve the requested sign variances
to North Gate West as follows:
• To permit two free-standing development entrance signs; and
• To permit a second wall sign for each tenant in the proposed commercial building
on Lots 8-20 on Schaid Court,,with a maximum 2' high capital letters, 1.5' high small
letters: all letters to be blocked, all one color, and uniform along the rear of the
building; no logos to be included.
Voting Aye: Bolger, Low, Wimmer, Peterson.
Voting Nay: Glab, Murgatroyd.
Abstained: Condon.
Absent: None.
Motion carried.
REQUEST FOR AMENDMENT TO TRAFFIC CODE ADDING THREE-WAY STOPS AT
THE INTERSECTION OF KRESSOOD DRIVE AND CROSS TRAIL AND AT
INTERSECTION OF KRESSWOOD DRIVE AND THE SUBDIVISION ENTRANCE DRIVE
Director of Public Works Marcinko stated the Public Works Department has
received numerous requests for the proposed three-way stop intersections.
Alderman Glab stated his concerns regarding the close proximity of the entrance
drive stop sign to the Bull Valley Road intersection. Noting the potential for stop sign
backups south through the Bull Valley Road intersection, he stated he did not support the
request as presented. Responding to Alderman Glab's inquiry, Director Marcinko stated he
did not know the exact distance from the Bull Valley Road right-of-way to the entrance
October 13, 2003
Page 5
drive and Kresswood Drive stop sign location. Director Marcinko estimated the distance to
be 300' and noted approximately 15 cars could be stacked northbound at the stop sign
without interfering with the Bull Valley Road and Kresswood Trails Entrance Drive
intersection. -
Motion by Glab, seconded by Murgatroyd, to deny the request for amendment to the
Traffic creating three-way stop intersections:
Kresswood Drive at its intersection with Cross Trail
Kresswood Drive at its intersection with Kresswood Trails Entrance Drive.
Voting Aye: None.
Voting Nay: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Absent: None.
Motion failed.
Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation and
to direct Staff to prepare an ordinance amending the City of McHenry Municipal Code
Chapter 13 Traffic Code creating three-way stop intersections as follows:
Kresswood Drive at its intersection with Cross Trail;
Kresswood Drive at its intersection with Kresswood Trails Entrance Drive
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AUTHORIZE PAYMENT FOR VARIOUS IMPROVEMENTS TO ILLINOIS ROUTE 120 TO
THE STATE TREASURER
Director of Public Works Marcinko stated.Council, at its January 14, 2002 regularly
scheduled meeting, authorized the Mayor's execution of an Agreement with Illinois
Department of Transportation (IDOT) for various Illinois route 120 improvements. The
agreement obligates the City to pay 95% of the local share at the commencement of the
project with the remainder to be paid upon completion. The local share prior to bidding was
$296,635 which covered such improvements as traffic signals, new sidewalks, resurfaced
parking lanes, additional parking lanes, various water main adjustments, and street lights.
Following the bidding process, the City's local share was reduced to $216,083.50. At this
time IDOT is requesting payment of the City's 95% portion, $205,279.33.
In response to Alderman Murgatroyd's inquiry, Director Marcinko stated at this time
the City's share is estimated at $216,083.50. This actual amount may change at the
conclusion of the project as it is a unit-price project.
Mayor Low stated the Route 120 improvements is an IDOT project and the City has
very little control over this project.
tr
' tom'
October 13, 2003
Page 6
Motion by Glab, seconded by Wimmer, to authorize payment of 95% of the City's
share in the IDOT Illinois Route 120 improvement project in the amount of$205,279.33
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
AUTHORIZE PAYMENT FOR SIOUX LANE ELEVATED STORAGE TANK
ENGINEERING SERVICES FOR RP-MEDIATION — BAXTER AND WOODMAN
Director Marcinko reminded Council during the painting of the Sioux Lane Elevated
Storage Tank the contractor, Jetco Ltd, failed to properly contain some of the paint debris
while sandblasting the tank. Ultimately the City was informed of the contractor's negligence
by the IEPA. At that time Council authorized the hiring of Baxter and Woodman as project
manager. Baxter and Woodman observed all tank painting operations at a cost not-to-
exceed $18,700. Subsequently, Baxter and Woodman was asked to handle the
investigation and remediation of the contaminated site. These services were beyond the
original contract's scope of services. Baxter and Woodman has provided investigation and
remediation services resulting in an additional expense to the City of approximately
$25,000. These monies would ultimately be deducted from the final payment to Jetco Ltd.
Staff is seeking Council authorization to pay Baxter and Woodman for these investigation
and remediation services.
Motion by Bolger, seconded by Glab, to authorize the payment to Baxter and
Woodman for investigation and remediation services regarding the Sioux Lane Elevated
Storage Tank Painting project in an amount not-to-exceed $25,000.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
AMENDMENTS TO MUNICIPAL CODE AS RECOMMENDED BY COMMUNITY
DEVELOPMENT COMMITTEE
Director Napolitano stated all of the proposed amendments have been reviewed
and considered at the Committee level. The Community Development Committee has
recommended the following amendments:
1. Define Minor Permit and reference Minor Permit in both the Municipal Code and
Zoning Ordinance Table 19.
2. Assign a Minor Permit Duration in which the work must be started within 60 days or
extension would be required.
3. Change fence to barrier in regards to swimming pools.
4. Add requirement for spotted survey and metal pins to be installed at all property _
corners prior to allowing framing to begin.
5. Require basement or crawl space floor elevation to be one foot above seasonal
high water level.
6. Require lights above bathtubs and showers to be Ground Fault Interrupter (GFI)
protected.
October 13, 2003
Page 7
Director Napolitano noted the proposed amendments are being requested to
provide clarity as well as implementing within the Code requirements which have
previously become department policy. The spotted survey requirement is included in most
surrounding municipal codes. The requirement of a spotted survey would preclude many
requests for variances resulting from discrepancies in building setbacks at time of
issuance of certificate of occupancy. Director Napolitano noted the requested amendments
are consistent with the requirements of other surrounding towns.
Alderman Bolger stated he has some reservations with requiring the expense of a
plat of survey prior to framing of a structure. In response to an inquiry from Alderman Glab,
Director Napolitano stated the site elevations would be indicated on the spotted survey. In
addition, the foundation elevation could be compared to the approved engineering plans to
ensure compliance. In response to Alderman Bolger's inquiry, Director Napolitano noted
the spotted survey would only be required for the construction of a new single family home,
a new commercial building or a new industrial building. Building additions would not
require a spotted survey.
Motion by Wimmer, seconded by Condon, to direct Staff to prepare an ordinance
amending the City's Municipal Code as follows:
1. Define Minor Permit and reference Minor Permit in both the Municipal Code and
Zoning Ordinance Table 19.
2. Assign a Minor Permit Duration in which the work must be completed within 60 days
or extension would be required.
3. Change fence to barrier in regards to swimming pools.
4. Add requirement for spotted survey and metal pins to be installed at all property
corners prior to allowing framing to begin.
5. Require basement or crawl space floor elevation to be one foot above seasonal
high water level.
6. Require lights above bathtubs and showers to be Ground Fault Interrupter (GFI)
protected.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSSION: BUSINESS LOAN RETENTION PROGRAM
Finance Director Kline stated the City has utilized a .Revolving Loan Program
courtesy of a Department of Commerce and Community Affairs Grant since the 1980's.
The Revolving Loan Program focuses on business expansion. The proposed Business
Retention Loan Program (BRLP) would focus on business retention, particularly for those
businesses adjacent to Route 120 and the current roadway improvement project. The
BRLP would require payment of interest only up to eighteen months. Additionally, the
Program would require review by a financial institution for the proposed credit application.
L Director Kline noted the Retention Loan Committee would be comprised of Finance
and Personnel Committee Chairman, City Administrator, and the Finance Director. Director
Kline stated a $25 non-refundable application fee is being proposed.
October 13, 2003
Page 8
City Administrator Maxeiner clarified the BRLP would not replace the Revolving
Loan Program, but would augment another viable business loan option. Following review
by the Retention Loan Committee, loan applications will be considered under the Consent
Agenda at the next regularly scheduled Council Meeting.
Some discussion occurred regarding the City's Revolving Loan Fund and its
advantages to expanding businesses within the community. Alderman Murgatroyd opined
the RLF has provided opportunity for several businesses over the years. Alderman
Murgatroyd inquired if a sunset provision should. be implemented as far as the BRLF
applications are concerned, i.e. no new applications would be accepted within six months
of the completion of the Route 120 roadway improvement project.
Alderman Murgatroyd and Alderman Condon expressed their desire to vote on this
matter this evening and refrain from sending it to Committee for further consideration and
delay. Alderman Glab expressed concern that the proposed loan amount of $7,500 per
business would not be enough to keep a business operational during the construction
inconveniences.
Motion by Bolger, seconded by Glab, to refer the implementation of a Business
Retention Loan Program to the Finance and Personnel Committee for further
consideration, discussion and refinement.
Voting Aye: Bolger, Glab
Voting Nay: Low, Murgatroyd, Wimmer, Peterson, Condon.
Absent: None.
Motion failed.
In response to an inquiry, City Administrator Maxeiner stated there are no specific
parameters as to the geographic location of participating businesses. City Administrator
Maxeiner stated it would be the responsibility of the business person to state in their
application how their business has been negatively impacted by the Route 120
construction improvements. It is entirely possible a business could be suffering from the
Route 120 construction even though it is not adjacent to Route 120.
Motion by Murgatroyd, seconded by Wimmer, to accept Staff s recommendation and
to approve the implementation of a Business Retention Loan Program with individual loan
limits of $7,500 per business with a maximum aggregate limit of $75,000 exposure for the
City, and the creation of the Retention Loan Committee comprised of the Finance and
Personnel Committee Chairman, the City Administrator and the Finance Director
Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: Bolger, Glab.
Absent: None. —
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low reminded Council of the Wednesday meeting with the Route 120
October 13, 2003 4
Page 9
businesses, IDOT and IDOT's general contractor. These update meetings have been held
on a regular basis throughout the project's construction.
Mayor Low commended City Administrator Maxeiner, Assistant Administrator
Lockerby and Director of Public Works Marcinko who have been working diligently on a
plan to assist City businesses and schools in the event the garbage haulers strike was not
resolved. They made a concerted effort to come up with a relief plan which, thankfully, was
not needed as the strike is now at an end.
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd informed
Council a Finance and Personnel Committee meeting to discuss the City Clerk/Collector
position and to discuss the City Auditor's report on the City's financial condition has been
scheduled on Monday, October 20, 2003 at 6:30 p.m. in the Aldermen's Conference Room.
DEPARTMENT HEAD REPORTS
There were no Department Head Reports.
NEW BUSINESS
Alderman Condon thanked Staff for their assistance in providing background
information on Kresswood Trails Subdivision. Alderman Condon stated she has heard from
several constituents who would like to see the web site enhanced.
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session to
discuss Potential Litigation at 8:25 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None
Motion carried.
Council went into Executive Session at 8:34 p.m.
Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at 8:47
p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:47 p.m.
October 13, 2003
Page 10
ADJOURNMENT
Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 8:48 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The eeting was adjourned at 8:48 p.m.
MAYOR CL K