HomeMy WebLinkAboutMinutes - 02/02/2004 - City Council REGULAR MEETING
FEBRUARY 2, 2004
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, February 2, 2004 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, City
Clerk Jones, 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: None.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as
presented:
• Request for temporary signs and waiver of fees for Riverwood School Annual
Spring Craft Fair
• Request from Hunter Homes, LLC for reduction of Letter of Credit No. 468 for
Cassie Estates
• Final*payment request from SEC, Inc. for Crystal Lake Road/Winding Creek Drive
intersection improvements project in the amount of$6,720
• Ordinance granting Conditional Use Permit for two drive-thru facilities at North Gate
West Subdivision
• Ordinance amending Municipal Code Chapter 11, Sec. 11-221, relating to Leaf
Pick-up Bags
• Ordinance amending Municipal Code Chapter 18, Article 11, relating to Board of
Police Commissioners
• Award of Bid — Knox Park Re-roof to Charles Copley Roofing Company, in an
amount not to exceed $16,790
• City Council Minutes:
o January 5, 2004
o January 12, 2004
o January 19, 2004.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Abstain: Condon.
Motion carried.
YEAR 2004 FIESTA DAY SCHEDULE
In attendance was Kay Bates, President and Chief Executive Officer of the McHenry
Area Chamber of Commerce, who introduced members of the 2004 Fiesta Days
Committee. Ms. Bates informed Council the Se Annual Fiesta Days will be held from July
16, 2004 through July 25, 2004.
ti
Alderman Glab opined a $3.00 per person daily donation might be too costly for
February 2, 2004
Page 2
some families attending the event. Ms. Bates informed Council the $3.00 donation would Z
be requested only during Food Fiesta Day 1 and Day 2, and the Committee is considering
a family rate.
Motion by Bolger, seconded by Condon, to approve the 2004 Fiesta Days schedule
for July 16, 2004 through July 25, 2004, as follows:
Friday.July 16'" Saturday.July if Sunday,July 18"' Monday,July 19'"
6pm-11 pm 2pm-11 pm Noon—10pin 5pm-10pm
Big Band Nigh Food Fiesta Day#1 Food Fiesta Day#2 Big Wheels Race
Entertainment Entertainment Entertainment Teen Nigh
(To be announced) (To be announced) (To be announced
Petersen Park Volleyball Tournament ) Amusement Rides
(Beer�ne Service) Plywooda —2p
Challenge Boat Challen Volleyball Tournament Petersen Park
(McCullom Lake Car Show(gam m)
Amusement Rides
Amusement Rides Petersen Park
Petersen Park (BeerAVine Service)
(Beer/Wine Service)
Wednesday,July 210 Thursday.JuN Friday.July 2P Saturday.July 11A
3 pm—8:00 pm 6pm—9:30 pm 3 pm—8 pm Sidewalk Sales
Canine Carnival Concert in the Park Kd's Ice Cream Social Arts&Crafts in the Park
Petersen Park Veteran's Memorial Park lOd's Entertainment (9:30 am—4:00 pm)
(NO Beer/Wine Service) Parade Marshal Reception Veteran's Memorial Paris Antique Boat Show
(To be announced) (NO Beer/Wine Service
Parade Marshal Ceremony ) (10:30 am-3:00 pm)
(7 pm—7:15 pm) Joey Ts
Veteran's Memorial Paris Faith Night
(Beer/Wine Service) (6 pm—10 pm)
Petersen Park
(NO Beer/Wine Service)
Sunday.July 2e
Jaycees BBQ Chicken Dinner
11 am—6pm
Parade—1:30pm
(Parade Route:Main
Street to Green Street to Pearl Street to
Riverside Drive to Washington Street)
Entertainment in Gazebo
following Parade(3pm-5pm)
Veteran's Memorial Park
(NO Beer/Wine Service)
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RESOLUTION OF SUPPORT FOR COMMUTER RAIL SERVICE IN THE CITY OF
MCHENRY
Mayor Low stated Council has been discussing and debating the merits of Metra's
proposed intention to construct a station and rail yard in Johnsburg near the City of
McHenry's northern boundary. Concerns continue to be expressed by Council on various
issues. She noted that Metra has requested direction from the City of McHenry on the
subject of where the City stands with regard to Metra service. —
Mayor Low, prior to reading the Resolution into the record, stated the Resolution '
does not support any proposed plan, only a willingness to work with Metra to facilitate
continued commuter rail service by Metra to the City of McHenry.
February 2, 2004
Page 3
Mayor Low read the following Resolution of Support for Commuter Rail Service in
the City of McHenry into the record:
"Whereas, McHenry County is one of the fastest growing counties in
the State of Illinois; and,
Whereas, the City of McHenry in McHenry County is experiencing
unpre.edented population growth; and,
Whereas, transportation needs continue to be a top priority for the City
of McHenry in managing this growth; and,
Whereas, the City of McHenry recognizes the contribution of mass
transit in addressing the demand for transportation infrastructure; and
Whereas, Metra, as a provider of commuter rail service in the City of
McHenry and McHenry County, plays a significant role in providing mass
transit service to the community.
Now, therefore, be it resolved by the City Council of the City of
McHenry, as follows:
Section 1: The City Council of the City of McHenry hereby declares its
support for the continued provision of commuter rail service to the City of
McHenry by Metra.
Section 2: The City Council of the City of McHenry welcomes the
opportunity to work with Metra to address concerns that may arise through
the continuation of Metra service in the City of McHenry."
Alderman Peterson opined it is premature for a resolution as it is not definitive that
commuter rail service to McHenry will be terminated. Alderman Bolger concurred with
Alderman Peterson.
Alderman Condon opined Metra service is important to the commuter residents of
the City of McHenry. She stated she supports a willingness to keep lines of
communication open with Metra as indicated by the Resolution.
Alderman Glab strongly suggested the Resolution implies support of Metra's
proposed plan for the Johnsburg station and rail yard. He stated he cannot support the
Resolution.
Motion by Murgatroyd, seconded by Wimmer, to approve a Resolution of Support
for Commuter Rail Service in the City of McHenry.
Voting Aye: Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Bolger, Glab, Peterson.
Absent: None.
Motion carried.
t Alderman Bolger requested City Clerk Jones read the vote back to Council. City
Clerk Jones read each Alderman's name and their respective vote on this matter.
February 2, 2004
Page 4
DISCUSS ANNEXATION AGREEMENT, REZONING AND PRELIMINARY PLAT
APPROVAL -WALLS PROPERTY, 2414 W. LINCOLN ROAD
Director of Community Development Napolitano reiterated to Council that, at the
November 17, 2003 Council meeting, a Public Hearing was held to discuss the Applicant's
petition to annex the subject property. He stated the property consists of 18.7 acres
located on the north side of Lincoln Road, opposite Hillside Lane. Director Napolitano
noted upon annexation the Applicant is requesting:
• The property be rezoned to RS-2, Medium-Density Single Family Residential; and
• Preliminary Plat approval for 36 single-family lots.
Director Napolitano noted concerns were expressed by Council at the Public
Hearing held on November 17, 2003 with regard to the following:
• Connections between the subject property and the properties to the north and west;
• The lot sizes of the lots on the interior of the loop road, at the north end of the site;
and
• An issue concerning a property line discrepancy.
Staff indicated it is critical that the proposed road connection to the north, which is
Liberty Trails, be maintained. Staff opined a connection to the west to the Archacki
property is unnecessary. Director Napolitano stated the Archacki property already has
access from Liberty Trails and providing a second access to serve at most eight future lots
is excessive.
Director Napolitano stated the lot sizes in the interior of the loop road on the north
side of the property are some of the smallest lots in the development. However, they are
in conformance with the RS-2 zoning requirements. He noted the average lot size in the
development is substantially larger than the minimum lot size requirement for the RS-2
district, due to the shape of the parcel of land.
Regarding the property line discrepancy, Director Napolitano noted the issue is
between Mr. Archacki and Gerstad Development, and not the Applicant. He stated there
appears to be a discrepancy between the most recently surveyed Liberty Trails
Subdivision boundary and Mr. Archacki's property. One of Mr. Archacki's lot stakes was
found within the Liberty Trails Subdivision property. It encroaches Liberty Trails by
approximately three feet. Director Napolitano stated such discrepancies are common due
to advances in surveying techniques which have occurred. Director Napolitano stated
Staff is currently working with Gerstad Builders regarding the discrepancy and it is
believed the matter will be resolved. Staff opined resolution of the property line
discrepancy should not hold up the approval of the Lincoln Hills Subdivision, as the Final
Plat still needs to be developed.
Responding to Alderman Peterson's inquiry regarding why access to Chapel Hill
Road was denied by McHenry County, Director of Public Works Marcinko stated the
County designated Chapel Hill Road as a limited access road. City Engineer Carl Moon of
Baxter and Woodman indicated due to denial by the County to access Chapel Hill Road, a
second access is necessary for the development. Director Marcinko noted Polk Street
would stub into the Archacki property on the Liberty Trails side of the property.
February 2, 2004
Page 5
Alderman F -irgatroyd opined there are a number of issues that need to be
addressed prior to a final vote on annexation.
Motion by Murgatroyd, seconded by Wimmer, to direct Staff to prepare the
necessary ordinances to:
• Approve the Annexation Agreement;
• Rezone the Walls Property to RS-2, Medium-Density Single-Family Residential
upon annexation; and
• Approve Preliminary Plat of subdivision.
Voting Aye: Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Bolger, Glab, Peterson.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE - OBERWEIS DAIRY STORE, 2318 N. RICHMOND
ROAD
Director Napolitano stated he received a telephone call and the representative for
Oberweis Dairy Store has been detained due to inclement weather.
It was the consensus of Council to defer the discussion regarding a request for sign
variance for the Oberweis Dairy Store located at 2318 North Richmond Road until the
regularly scheduled February 9, 2004 City Council meeting.
REQUEST TO EXCHANGE QUIT CLAIM DEEDS WITH RUBLOFF DEVELOPMENT FOR
PROPERTY IMMEDIATELY WEST OF THE MEIJER/HOME DEPOT SUBDIVISION AND
THE PETERSEN FARM
Director Napolitano stated in the year 2003 Hallmark Homes, a division of Rubloff
Development, annexed the 22-acre King Farm, located west of the Meijer/Home Depot
Subdivision and north of McCullom Lake Road. Hallmark Homes (Hallmark) entered into
an Annexation Agreement with the City of McHenry for the development of 104 townhome
units on the property. Hallmark closed on the property and in doing so was informed by
the title company that there was a discrepancy in the location of the north lot line, which is
depicted differently in two surveys done for the King Farm; the first survey prepared by
Charles Mionske in 1980; and the second prepared by William Vanderstappen in 2000.
Director Napolitano noted the Vanderstappen survey depicts the north property line of the
King Farm 12.85 feet north of the north property line depicted on the Mionske survey.
Staff opined the discrepancy is likely due to technological advancements in surveying over
the past twenty years.
Director Napolitano stated that the issue is further compounded by an established
fence line located between 15 and 20 feet north of the north property line depicted on the
Vanderstappen survey (located on the Petersen Farm property owned by the City). He
informed Council that the fence has been in existence for the entire time that the Kings
-�.- have farmed the property.
City Attorney McArdle stated under Adverse Possession Law in the State of Illinois,
February 2, 2004
Page 6
if a parcel is farmed up to a fence line believed to be the legal boundary line for a 20-year
period, and certain other conditions of the law are met, a farmer can claim ownership of
said property.
Director Napolitano noted the title company is advising Rubloff that to clear title on
the property an adverse possession action should be filed for the 12.85 feet discrepancy in
question, and the area up to the fence line, which is between 15 and 20 feet. However,
Director Napolitano stated Rubloff would like to avoid an adverse possession case, yet still
clear the title on their property. Rubloff has proposed an exchange of Quit Claim Deeds
with the City. The City would deed the 12.85 feet south of the King boundary to Rubloff
and Rubloff would deed the northern 20 feet up to the established fence line to the City.
Staff and the City Attorney indicated this would be the most expedient resolution to the
matter based upon adverse possession law and precedent-setting court cases. A brief
discussion ensued.
Motion by Wimmer, seconded by Murgatroyd, to authorize the Mayor's execution of
a Quit Claim Deed from the City of McHenry to Hallmark Homes of 12.85 feet south of the
King Farm boundary line; and the Mayor's execution of a Quit Claim Deed from Rubloff
Development to the City of McHenry for the northern 20 feet up to the fence line to
eliminate adverse possession on the northern portion of the property, subject to the City
Attorney reviewing the Petersen Farm closing documents for due diligence regarding use
of the property. --
Voting Aye: Bolger, Low, Wimmer, Peterson, Condon.
Voting Nay: Glab, Murgatroyd.
Absent: None.
Motion carried.
DEDICATION OF PROPERTY FOR ROADWAY PURPOSES — MEIJER/HOME DEPOT
SUBDIVISION
Director Napolitano informed Council that as a condition of the annexation and
approval of the 22-acre Parkside Townhome Development (Parkside) by Hallmark Homes,
a division of Rubloff Development, the City required an easement be granted to provide
permanent access to the property.
Director Napolitano noted the property currently does not have access to a
dedicated public street. Instead, access to the site is from a private road that also
provides access to the Meijer/Home Depot development. At the time of platting and
approval for the Meijer/Home Depot development, the City requested a portion of the road
be dedicated to the City, however, officials of Meijer resisted and the road was ultimately
approved as a private road. Meijer has expressed some concerns regarding allowing a
permanent access easement for the development. To remedy the situation Rubloff has
proposed and Meijer has agreed to dedicate the road to the City of McHenry. _
Staff recommends Council accept the dedication. Director Napolitano noted there is
a 140-foot right-of-way, which is well in excess of that required for a standard commercial
street. The road was constructed to meet City standards and the only deficiency noted by
February 2, 2004
Page 7
Staff is sidewalks were not installed on both sides of the road. Director Napolitano
informed Council that sidewalks were required on the north side of the road as part of the
Parkside Townhome Development approval. He suggested sidewalks could likewise be
required when the parcel to the south of the roadway is developed.
Director Napolitano informed Council if the roadway dedication is approved, a
portion of the road, from Richmond Road to the westernmost Meijer property line would still
be private. Staff is currently working with representatives from Meijer regarding
maintenance of the road in the area and hopes to reach an agreement giving the City
maintenance responsibilities of the entire length of the road.
Alderman Glab stated he is unable to support acceptance of the Plat of Dedication
because while the road was constructed according to City standards at the time, he is not
entirely satisfied that the road meets current City standards.
Motion by Bolger, seconded by Wimmer, to accept the Plat of Dedication to the City
of McHenry for roadway purposes of Blake Boulevard between McCullom Lake Road and
Meijer Store's westernmost property line.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
2004/2005 LEASE AGREEMENT WITH D's MARINE SERVICES, INC., 3302 W.
WAUKEGAN ROAD
City Administrator Maxeiner informed Council the current lease between the City of
McHenry and Jerry Danko of D's Marine Service, Inc., for the property commonly known as
Riviera Marina, expires on February 28, 2004.
City Administrator Maxeiner stated the property was purchased in 2001 with the
intent of using it for Central Wastewater Treatment Plant improvements.
City Administrator Maxeiner noted no changes to the lease are proposed other than
the dates. Mr. Danko has successfully operated the marina on behalf of the City since
2001. This agreement continues to require Mr. Danko to pay the City 50% of the rent
received for lease slips and boat storage on the property.
Motion by Bolger, seconded by Murgatroyd, to authorize the Mayor's execution of a
lease agreement between the City of McHenry and Jerry Danko of D's Marine Service, Inc.
for Riviera Marina, located at 3302 West Waukegan Road, for a one-year term beginning
March 1, 2004 and expiring February 28, 2005.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
ti Voting Nay: None.
Absent: None.
Motion carried.
February 2, 2004
Page 8
HICKORY CREEK FARM, TWO-YEAR LEASE AGREEMENT WITH MICKEY SIKULA
City Administrator Maxeiner informed Council the lease between the City of
McHenry and Mickey Sikula for the Hickory Creek Farm property expired on January 31,
2004. He stated a two-year lease term was established by the Council in 2002 to reduce
administrative time involved in an annual review. City Administrator Maxeiner noted there
are no immediate plans to change the use of the property from its present use.
Staff recommends renewal of the lease for an additional two-year term. City
Administrator Maxeiner noted, as in the past, a list of activities developed to expand the
use of the barn for the public is incorporated into the lease agreement.
Motion by Bolger, seconded by Wimmer, to authorize the Mayor's execution of a
lease agreement between the City of McHenry and Michael Sikula, Jr. for the property
commonly known as the Hickory Creek Farm, for a two-year period beginning February 1,
2004 and ending January 31, 2006, with rent to be paid in the amount of $2,078, to be
adjusted annually on February 1" based upon the Consumer Price Index for Chicago,
Gary, and Kenosha as published by the U.S. Department of Labor.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried. —
CONSIDERATION OF THE FOLLOWING LEASE AGREEMENTS BETWEEN THE CITY
OF MC HENRY AND:
• JAMES P. FINCH, FORMER LEVY PROPERTY FOR A ONE-YEAR TERM,
BEGINNING MARCH 1. 2004:
• SCOTT CHAMBERS, PETERSEN FARM PROPERTY, FOR A ONE-YEAR TERM,
BEGINNING MARCH 1, 2004-
• TOM KING, FORMER CUNAT PROPERTY FOR A ONE-YEAR TERM,
BEGINNING MARCH 1. 2004
City Administrator Maxeiner stated the City leases portions of the former Levy
property, Petersen Farm and former Cunat property to tenant farmers. The lease
agreements for these properties expire February 28, 2004, and each of the tenants wishes
to renew for another year.
City Administrator noted a 2.1% increase in the lease payments for the Levy and
Petersen Farm properties is incorporated in the renewed agreements pursuant to the rate
of inflation based on the Consumer Price Index for Chicago Gary, Kenosha published by
the U.S. Department of Labor. He stated that due to the planned Petersen Park expansion
a rent increase has not been requested for the former Cunat property.
Motion by Bolger, seconded by Wimmer, to authorize the Mayor's execution of
Lease Agreements between the City of McHenry and:
• James P. Finch, former Levy Property for a one-year term, beginning March 1, 2004
in the amount of$2,042;
February 2, 2004
Page 9
• Scott Chambers, Petersen Farm Property for a one-year term, beginning March 1,
2004, in the amount of$7,249;
Tom King, former Cunat Property for a one-year term, beginning March 1, 2004, in
the amount of$2,420.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
PURCHASE OF REPLACEMENT DUMP-BOX FOR WASTEWATER DIVISION VEHICLE
NO. 633 FROM R. A. ADAMS ENTERPRISES
Director of Public Works Marcinko stated the Wastewater Division is requesting
authorization to replace the existing 15-yard dump body on a 1998 International 6-wheel
truck, which is used to transport sludge from the wastewater treatment plants to the
designated landfill in Elgin. Director Marcinko noted the condition of the dump bed had
deteriorated more rapidly than anticipated and replacement had not been included in the
2003/2004 Budget.
Director Marcinko informed Council the dump body has deteriorated beyond repair
and needs to be replaced to avoid the possibility of cargo leakage. Quotes were solicited
for the equipment and three responses were received. The lowest quote was submitted
by R.A. Adams Enterprises, Inc. of McHenry, Illinois in the amount of$6,722.
Director Marcinko noted the Fiscal Year 2003/2004 Budget included $65,000 for the
purchase of a new truck and associated equipment for the Wastewater Division. The
vehicle and equipment were purchased at of cost of approximately $57,000, resulting in a
budgetary savings of approximately $8,000. Staff requests a budgetary amendment to
allow for the replacement of the dump body by re-appropriation of funds for an additional
purpose.
Motion by Bolger, seconded by Wimmer, to approve:
A budget amendment in the amount of $7,000 for the purchase of a replacement
dump body for the 1998 6-wheel dump truck; and
o Acceptance of the quote received from R.A. Adams Enterprises, Inc for replacement
of the dump body on Wastewater Division vehicle no. 633, in an amount not-to-
exceed $6,722.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO ADVERTISE FOR BIDS FOR McCULLOM LAKE HERBICIDE
APPLICATION
Director of Parks and Recreation Merkel informed Council that there has been a
dramatic increase in Eurasion water milfoil aquatic weed in McCullom Lake over the last
February 2, 2004
Page 10
two years.
Director Merkel stated a report on the condition of McCullom Lake was presented at
the Parks and Recreation Committee meeting held on September 1, 2003. At that time
Staff was directed to research the cost and methods of application of an herbicide
treatment to eradicate the Eurasion milfoil in the lake and a follow-up report was made to
the Committee on January 8, 2004, which provided information regarding application of the
treatment and approximate costs. Director Merkel informed Council that the Committee
recommended proceeding with solicitation of bids for an herbicide application to be applied
to McCullom Lake in the spring of 2004.
Director Merkel stated herbicide treatments for McCullom Lake were not included in
the Fiscal Year 2003/2004 Budget. Staff is requesting a budget amendment of $15,000 to
cover the expense of the treatment.
Motion by Murgatroyd, seconded by Condon, to authorize Staff to prepare bid
specifications and to solicit bids for an herbicide application to McCullom Lake in Spring
2004
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Murgatroyd, seconded by Peterson, to approve a budget amendment in
the amount of $15,000 to add the Spring 2004 herbicide application to McCullom Lake to
the Fiscal Year 2003/2004 operating budget.
Voting Ayer Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low informed Council that she received a letter from Greg Lofgren of the
Landmark Commission requesting a Proclamation designating May 2 through May 8, 2004
Look at Local History Week in McHenry.
COMMITTEE REPORTS
Alderman Murgatroyd stated a Finance and Personnel Committee meeting is
scheduled for Monday, February 9, 2004 at 6:30 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
City Administrator Maxeiner informed Council that two objections were received
regarding the South Wastewater Treatment Plant (SVW TP) expansion project. The
Illinois Environmental Protection Agency (IEPA) will be scheduling a Public Hearing in the
near future.
February 2, 2004
Page 11
NEW BUSINESS
Alderman Condon requested Staff provide information regarding how boundary
issues could be avoided in the future.
ADJOURNMENT
Motion by Condon, seconded by Wimmer, to adjourn the meeting at 9:22 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:22 p.m.
MAYOR CLERK