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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. �C-m-C 0� MAYOR ITY CL