HomeMy WebLinkAboutMinutes - 09/07/2005 - City Council REGULAR MEETING
SEPTEMBER 7, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Wednesday, September 7, 2005 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer,
Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance
were: City Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk
Jones, City Attorney Fetzner, Chief of Police O'Meara, Director of Public Works Marcinko,
Director of Community Development Napolitano, Director of Parks and Recreation Merkel
and Community Relations Management Assistant Hobson. Absent: City Attorney McArdle.
Mayor Low introduced Kevin Miller of Boy Scout Troop 131. She explained that
Kevin is working toward his badge in citizenship and announced that during a trip to New
Mexico he raised the American Flag atop Mt. Baldy. Mayor Low requested Kevin lead the
assemblage in the Pledge of Allegiance. Following the Pledge Kevin presented Mayor
Low with a framed photograph from the New Mexico trip.
PUBLIC HEARING: LIVING SPRINGS OF MCHENRY, LLC
1. ANNEXATION AGREEMENT:
2. ANNEXATION:
3. ZONING MAP AMENDMENT TO RM-2
4. CONDITIONAL USE PERMIT
Mayor Low opened the Public Hearing regarding Living Springs of McHenry LLC at
7:34 p.m. stating it would be continued to the October 3, 2005 regularly scheduled Council
meeting.
Motion by Murgatroyd, seconded by Wimmer, to continue the Public Hearing
regarding Living Springs of McHenry, LLC to October 3, 2005.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
The Public Hearing was recessed at 7:35 p.m.
PUBLIC HEARING REGARDING THE VACATION OF MARYETTA STREET RIGHT OF
WAY
Mayor Low opened the Public Hearing regarding the vacation of Maryetta Street
Right-of-Way at 7:34 p.m. stating it would be continued to the October 3, 2005 regularly
scheduled Council meeting.
Motion by Murgatroyd, seconded by Wimmer, to continue the Public Hearing
regarding the vacation of Maryetta Street right-of-way to October 3, 2005.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
September 7, 2005
Page 2
The Public Hearing was recessed at 7:35 p.m.
RESOLUTION: CHARACTER COUNTSI
Mayor Low read into the record a Resolution supporting the CHARACTER
COUNTS! Coalition, noting other participating members would be bringing an identical
resolution before their respective boards.
Motion by Condon, seconded by Schaefer, to adopt a Resolution recognizing the
CHARACTER COUNTS! Program.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the Public Input Session.
CONSENT AGENDA
Motion by Schaefer, seconded by Santi, to approve the Consent Agenda as
presented:
a. Final payment to Custom Landscaping, Inc. for Petersen Park
Waterfront Entry in the amount of$14,272.25;
b. Purchase of Maintenance Agreement for Police Records System
and Computer Aided Dispatch System from NEC, in an amount not
to exceed $6,000;
c. Request for temporary use of Neumann Park from McHenry
Garden Club;
d. Special Use Permits;
e. Request for Block Party:
1. Gina Bilinski, Winding Creek Subdivision; and
f. City Council Minutes, August 1, 2005.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE—4827 BARNWOOD TRAIL
Director of Community Development Napolitano informed Council a letter was
received from Jodi Kelly of 4827 Bamwood Trail. Ms. Kelly is requesting a variance to
allow the installation of an 8-foot high, board-on-board fence along her Crystal Lake Road —`
property line.
The City's fence regulations state that if a rear yard abuts a street, all fencing must
be set back 30-feet from the right-of-way line and cannot exceed 6-feet in height.
September 7, 2005
Page 3
Applicant seeks the additional fence height in order to contain her dog in her rear yard.
Director Napolitano indicated there is currently a 6-foot high fence on applicant's
property. Due to the property topography, the 6-foot high fence only provides 4-feet of
containment. Ms. Kelly is requesting installation of an 8-foot high fence along the Crystal
Lake Road property line and a 6-foot high fence along the remaining perimeter of her
backyard. Director Napolitano stated the proposed fence would connect with existing
fences on the property immediately to the north and south. Staff believes there would be
no adverse impacts to nearby properties and recommends approval of the variance.
Motion by Peterson, seconded by Condon, to accept Staffs recommendation to
approve a variance to allow an 8-foot high, board-on-board fence along Crystal Lake Road
at 4827 Bamwood Trail.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE— 1719 REDWOOD LANE
Director Napolitano informed Council that Applicants Travis and Amanda Lobbins of
1719 Redwood Lane are requesting a variance to allow the installation of a 4-foot high,
picket fence along their Riverside Drive property line.
Director Napolitano explained that the Lobbins have a double frontage lot, with
frontage on Redwood Lane and Riverside Drive. Regulations require a 30-foot setback be
maintained from the Riverside Drive right-of-way. The Applicants would like the ability to
enclose a greater portion of their yard to provide security for their small children. Staff has
ascertained that the fence would have no impact on sight lines and would line up with
existing fences along Riverside Drive. Staff recommends approval of the variance.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to
approve a variance allowing a 4-foot high, wood picket fence along the Riverside Drive
property line, at the property located at 1719 Redwood Lane.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE RECOMMENDATION: ORDINANCE AMENDING CHAPTER 13, TRAFFIC
AND MOTOR VEHICLE CODE TO ALLOW TWO-HOUR PARKING ON A PORTION OF
WAUKEGAN ROAD
Director of Public Works Marcinko informed Council that a letter was received from
L Maureen Annamarie, owner and operator of the McHenry Villa, which is located at 3516
Waukegan Road. Ms. Annamarie requested the City address certain issues relating to the
proximity of McHenry East Campus High School to the McHenry Villa.
September 7, 2005
Page 4
Director Marcinko noted there are currently no parking restrictions along Waukegan
Road from Green Street to the no parking zone in front of the Riverwalk Townhomes.
During the school week from 8:00 a.m. until 3:30 p.m. students from the high school
typically utilize the north side of Waukegan Road for student parking. Staff opined
implementation of parking restrictions during the school week would alleviate some of the
issues addressed by Ms. Annamarie.
Mayor Low recognized a resident in the audience requesting to address the
Council. The resident informed Council that she has two senior students attending East
Campus. Removal of the only free parking spaces available in the vicinity would create a
financial hardship for some students, in addition to the proximity of the parking when
students have after school jobs.
Alderman Condon opined she is sympathetic to the needs of the students.
However, she stated issues should be addressed at the high school level regarding
vandalism, littering and obscenity. Alderman Santi concurred with Alderman Condon
voicing concerns regarding how the free parking spaces available on Waukegan Road
have been utilized. Alderman Schaefer concurred with Alderman Condon and Alderman
Santi.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to
approve an ordinance amending Chapter 13 of the Traffic and Motor Vehicle Code to allow two (2) hour parking between the hours of 8:00 a.m. and 4:00 p.m. on school days on the
north side of Waukegan Road, from Green Street east to the existing no parking zone.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AMENDMENT TO NORTHERN ILLINOIS SPECIAL RECREATION (NISRA) ARTICLES
OF AGREEMENT
Director of Parks and Recreation Merkel informed Council that the NISRA Board of
Trustees has recommended a change in the method that member district dues are
assessed annually. He stated the change was made to simplify the assessment process
and to bring all member districts to the same rate level.
Alderman Peterson opined that the dues structure seems fair, stating NISRA
provides good service to special needs residents in the community.
Responding to an inquiry by Alderman Murgatroyd, Director Merkel informed
Council that the levy rate of $0.0175 remains the same, unless it is again addressed by
each member district.
Motion by Peterson, seconded by Condon, to accept Staffs recommendation to
approve a change in the NISRA Articles of Agreement establishing the Method for
Assessing the Annual Member District Dues.
REGULAR MEETING
SEPTEMBER 7, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Wednesday, September 7, 2005 in the Council Chambers of the Municipal
�- Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer,
Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance
were: City Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk
Jones, City Attorney Fetzner, Chief of Police O'Meara, Director of Public Works Marcinko,
Director of Community Development Napolitano, Director of Parks and Recreation Merkel
and Community Relations Management Assistant Hobson, Absent: City Attorney McArdle.
Mayor Low introduced Kevin Miller of Boy Scout Troop 131. She explained that
Kevin is working toward his badge in citizenship and announced that during a trip to New
Mexico he raised the American Flag atop Mt. Baldy. Mayor Low requested Kevin lead the
assemblage in the Pledge of Allegiance. Following the Pledge Kevin presented Mayor
Low with a framed photograph from the New Mexico trip.
PUBLIC HEARING: LIVING SPRINGS OF MCHENRY, LLC
1. ANNEXATION AGREEMENT:
2. ANNEXATION:
3. ZONING MAP AMENDMENT TO RM-2
4. CONDITIONAL USE PERMIT
Mayor Low opened the Public Hearing regarding Living Springs of McHenry LLC at
7:34 p.m. stating it would be continued to the October 3, 2005 regularly scheduled Council
meeting.
Motion by Murgatroyd, seconded by Wimmer, to continue the Public Hearing
regarding Living Springs of McHenry, LLC to October 3, 2005.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
The Public Hearing was recessed at 7:35 p.m.
PUBLIC HEARING REGARDING THE VACATION OF MARYETTA STREET RIGHT OF
WAY
Mayor Low opened the Public Hearing regarding the vacation of Maryetta Street
Right-of-Way at 7:34 p.m. stating it would be continued to the October 3, 2005 regularly
scheduled Council meeting.
Motion by Murgatroyd, seconded by Wimmer, to continue the Public Hearing
regarding the vacation of Maryetta Street right-of-way to October 3, 2005.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
L Voting Nay: Glab.
Absent: None.
Motion carried.
September 7, 2005
Page 2
The Public Hearing was recessed at 7:35 p.m.
RESOLUTION: CHARACTER COUNTS!
Mayor Low read into the record a Resolution supporting the CHARACTER
COUNTS! Coalition, noting other participating members would be bringing an identical
resolution before their respective boards.
Motion by Condon, seconded by Schaefer, to adopt a Resolution recognizing the
CHARACTER COUNTS! Program.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the Public Input Session.
CONSENT AGENDA
Motion by Schaefer, seconded by Santi, to approve the Consent Agenda as
presented:
a. Final payment to Custom Landscaping, Inc. for Petersen Park
Waterfront Entry in the amount of$14,272.25;
b. Purchase of Maintenance Agreement for Police Records System
and Computer Aided Dispatch System from NEC, in an amount not
to exceed $6,000;
c. Request for temporary use of Neumann Park from McHenry
Garden Club;
d. Special Use Permits;
e. Request for Block Party:
1. Gina Bilinski, Winding Creek Subdivision; and
f. City Council Minutes, August 1, 2005.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE—4827 BARNWOOD TRAIL
Director of Community Development Napolitano informed Council a letter was
received from Jodi Kelly of 4827 Barnwood Trail. Ms. Kelly is requesting a variance to
allow the installation of an 8-foot high, board-on-board fence along her Crystal Lake Road
property line.
The City's fence regulations state that if a rear yard abuts a street, all fencing must
be set back 30-feet from the right-of-way line and cannot exceed 6-feet in height.
September 7, 2005
Page 3
Applicant seeks the additional fence height in order to contain her dog in her rear yard.
Director Napolitano indicated there is currently a 6-foot high fence on applicant's
property. Due to the property topography, the 6-foot high fence only provides 4-feet of
containment. Ms. Kelly is requesting installation of an 8-foot high fence along the Crystal
Lake Road property line and a 6-foot high fence along the remaining perimeter of her
backyard. Director Napolitano stated the proposed fence would connect with existing
fences on the property immediately to the north and south. Staff believes there would be
no adverse impacts to nearby properties and recommends approval of the variance.
Motion by Peterson, seconded by Condon, to accept Staffs recommendation to
approve a variance to allow an 8-foot high, board-on-board fence along Crystal Lake Road
at 4827 Bamwood Trail.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE— 1719 REDWOOD LANE
Director Napolitano informed Council that Applicants Travis and Amanda Lobbins of
1719 Redwood Lane are requesting a variance to allow the installation of a 4-foot high,
picket fence along their Riverside Drive property line.
Director Napolitano explained that the Lobbins have a double frontage lot, with
frontage on Redwood Lane and Riverside Drive. Regulations require a 30 foot setback be
maintained from the Riverside Drive right-of-way. The Applicants would like the ability to
enclose a greater portion of their yard to provide security for their small children. Staff has
ascertained that the fence would have no impact on sight lines and would line up with
existing fences along Riverside Drive. Staff recommends approval of the variance.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to
approve a variance allowing a 4-foot high, wood picket fence along the Riverside Drive
property line, at the property located at 1719 Redwood Lane.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE RECOMMENDATION: ORDINANCE AMENDING CHAPTER 13, TRAFFIC
AND MOTOR VEHICLE CODE TO ALLOW TWO-HOUR PARKING ON A PORTION OF
WAUKEGAN ROAD
Director of Public Works Marcinko informed Council that a letter was received from
Maureen Annamarie, owner and operator of the McHenry Villa, which is located at 3516
Waukegan Road. Ms. Annamarie requested the City address certain issues relating to the
proximity of McHenry East Campus High School to the McHenry Villa.
September 7, 2005
Page 4
Director Marcinko noted there are currently no parking restrictions along Waukegan _._.
Road from Green Street to the no parking zone in front of the Riverwalk Townhomes.
During the school week from 8:00 a.m. until 3:30 p.m. students from the high school
typically utilize the north side of Waukegan Road for student parking. Staff opined
implementation of parking restrictions during the school week would alleviate some of the
issues addressed by Ms. Annamarie.
Mayor Low recognized a resident in the audience requesting to address the
Council. The resident informed Council that she has two senior students attending East
Campus. Removal of the only free parking spaces available in the vicinity would create a
financial hardship for some students, in addition to the proximity of the parking when
students have after school jobs.
Alderman Condon opined she is sympathetic to the needs of the students.
However, she stated issues should be addressed at the high school level regarding
vandalism, littering and obscenity. Alderman Santi concurred with Alderman Condon
voicing concerns regarding how the free parking spaces available on Waukegan Road
have been utilized. Alderman Schaefer concurred with Alderman Condon and Alderman
Santi.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to
approve an ordinance amending Chapter 13 of the Traffic and Motor Vehicle Code to allow —
two (2) hour parking between the hours of 8:00 a.m. and 4:00 p.m. on school days on the
north side of Waukegan Road, from Green Street east to the existing no parking zone.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AMENDMENT TO NORTHERN ILLINOIS SPECIAL RECREATION (NISRA) ARTICLES
OF AGREEMENT
Director of Parks and Recreation Merkel informed Council that the NISRA Board of
Trustees has recommended a change in the method that member district dues are
assessed annually. He stated the change was made to simplify the assessment process
and to bring all member districts to the same rate level.
Alderman Peterson opined that the dues structure seems fair, stating NISRA
provides good service to special needs residents in the community.
Responding to an inquiry by Alderman Murgatroyd, Director Merkel informed
Council that the levy rate of $0.0175 remains the same, unless it is again addressed by
each member district.
Motion by Peterson, seconded by Condon, to accept Staffs recommendation to
approve a change in the NISRA Articles of Agreement establishing the Method for
Assessing the Annual Member District Dues.
September 7, 2005
Page 5
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
.... Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low informed Council that in recognition of the Hurricane Katrina Project, a
community gesture is underway to adopt a family for a 12-month period. Cunat Properties
has contributed a 3-bedroom home. The Department of Human Services has been
contacted; however, no specific family has been chosen yet. A bank account is being
established for support of the family, entitled the McHenry Hurricane Katrina Fund. Mayor
Low assured Council that as the project progresses she would keep them informed.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Peterson informed Council a
Parks and Recreation Committee meeting is scheduled for Wednesday, September 14,
2005 at 7:00 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Peterson requested the topic of annual vehicle stickers be revisited.
Additionally, he requested Staff provide information in the Friday Report regarding the
Tree Ordinance.
EXECUTIVE SESSION: PROPERTY ACQUISITION AND PERSONNEL
Motion by Condon, seconded by Wimmer, to adjourn to Executive Session to
discuss Property Acquisition and Personnel at 7:55 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Executive Session convened at 8:04 p.m.
Motion by Wimmer, seconded by Schaefer, to return to Open Session at 8:37 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council returned to Open Session at 8:37 p.m.
September 7, 2005
Page 6
OPEN SESSION
Motion by Murgatroyd, seconded by Santi, to extend a formal offer to Brian Gosnell,
for the position of Finance Director, at a Grade 25, Step 2 position, at a salary of $73,671
annually, pending successful completion of a post-offer physical exam and drug test.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Condon, seconded by Murgatroyd, to authorize the Mayor's execution of
a contract to purchase the Medical Arts Building property, located on 1110 North Green
Street, in the amount of$1,000,000.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Schaefer, seconded by Murgatroyd, to authorize Staff to submit a bid on
the property located at 4312 W. Lakewood Road, for$10.01 over the bid amount, but in no
case over the amount of $135,000, and to authorize good faith payment in the amount of
10% of the bid amount, should the bid for the property be successful.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:40 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:40 p.m.
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MAYOR ITY CL