HomeMy WebLinkAboutMinutes - 07/02/1997 - City Council REGULAR MEETING
JULY 2, 1997
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, July 2, 1997 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Glab, McClatchey,
Murgatroyd. Alderman Bolger arrived at 7:33 P.M. Alderman Baird arrived at 9:15
P.M. Absent: None. City Staff in attendance were: City Clerk Althoff, City
Attorney McArdle, Chief of Police Joyce, Director of Building and Zoning Lobaito,
Director of Public Works Batt. Absent: Director of Parks and Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
Alderman Bolger arrived at 7:33 P.M.
CONSENT AGENDA
Motion by McClatchey, seconded by Murgatroyd, to approve the Consent
Agenda as follows:
(1) June 11 , 1997 Regular City Council Meeting Minutes;
(2) Request to block off North Drive on July 29, 1997 for party;
(3) Payment No. 2 to Advance Paving in the amount of $123,827.85 for 1997
Street Program;
(4) Payment #1 to Carmichael Construction in the amount of $10,639.00 for Fort
McHenry Restrooms;
(5) List of As-Needed Checks for Approval, as follows:
General Fund
86103 WATER/SEWER FUND $ 12681.22
86104 CAPITAL DEVELOPMENT $ 2309.00
86105 AFLAC $ 1375.50
86106 HEALTH PLAN MANAGEMENT $ 9345.05
86107 WATER/SEWER FUND $ 560.00
86108 FANTASTIC CHARTERS INC $ 350.00
86168 MCHENRY POLICE OFFICERS $ 1112.50
86170 GENEVA INN $ 125.00
86172 SUN LIFE OF CANADA $ 715.51
86173 PARK INN $ 46.62
86174 ASSOCIATED ROOFING & $ 22600.00
86175 THELEN SAND & GRAVEL INC $ 159506.50
86176 POLICE PENSION FUND $ 22317.71
86177 INSURANCE CLAIMS ACCOUNT $ 7351.47
86178 WATER/SEWER FUND $ 175000.00
86181 SECRETARY OF STATE $ 10.00
86182 RAY FELTSON $ 225.00
86183 PAYROLL ACCOUNT $ 5030.71
86184 POLICE PENSION FUND $ 30709.06
86185 PETTY CASH FUND $ 184.30
86187 ILLINOIS DEPT OF REVENUE $ 246.53
86188 MCHENRY STATE BANK $ 3569.07
86189 BALDING, CHRISTINE $ 70.00
86190 INSURANCE CLAIMS ACCOUNT $ 6260.69
86191 PAYROLL ACCOUNT $ 122408.98
86192 WATER/SEWER FUND $ 6185.00
86193 CAPITAL DEVELOPMENT $ 35439.00
86194 MCHENRY COUNTY RECORDER $ 152.00
86195 POSTMASTER MCHENRY IL $ 171.10
86196 MCHENRY STATE BANK $ 50421.10
86197 NCPERS GROUP LIFE INS $ 153.00
86198 CLERK OF THE CIRCUIT $ 110.00
86199 ILLINOIS DEPT OF REVENUE $ 4916.17
86200 HEALTH PLAN MANAGEMENT $ 1430.22
86201 ICMA RETIREMENT TRUST-457 $ 3626.64
86202 NACO CLEARING ACCOUNT $ 1408.46
86203 POSTMASTER MCHENRY IL $ 1289.80
86204 POLICE PENSION FUND $ 5268.91
86205 HOME STATE BANK $ 400000.00
86206 CONTINENTAL BAKING $ 16.25
86207 IGFOA $ 95.00
86208 ILLINOIS STATE POLICE $ 36.00
86209 WOODSTOCK SWIM ASSOC $ 486.00
86210 INSURANCE CLAIMS ACCOUNT $ 22870.08
86211 PAYROLL ACCOUNT $ 196.71
86212 CAPITAL DEVELOPMENT $ 3451.00
86213 WATER/SEWER FUND $ 870.00
86214 RIVERSIDE BAKE SHOP $ 68.20
86215 CAPITAL DEVELOPMENT $ 16981.00
86216 WATER/SEWER FUND $ 4480.00
July 2, 1997 Page 2
General Fund (cont,d)
86217 POLICE PENSION FUND $ 188970.79
86218 BOND AND INTEREST $ 55210.00
86219 BOND RESERVE FUND $ 10350.00
86220 MCHENRY STATE BANK $ 300000.00
86221 MCHENRY STATE BANK $ 400000.00
86222 IPRA $ 10.00
86223 SECRETARY OF STATE $ 20.00
86224 UNITED STATES POSTAL SERV $ 1600.00
86453 PROJECT ASSESSMENT FUND $ 20000.00
86454 FORT DEARBORN LIFE $ 226.33
86455 INSURANCE CLAIMS ACCOUNT $ 7968.46
86456 POLICE PENSION FUND $ 2000.00
86457 PAYROLL ACCOUNT $ 130849.45
86458 HAPPY JACKS $ 19.70
86459 WATER/SEWER FUND $ 35000.00
Report Totals 2296456.79
Water/Sewer Fund
13529 GENERAL FUND $ 24443.88
13542 SUN LIFE OF CANADA $ 103.35
13544 GLUTH BROS CONSTRUCTION $ 200848.50
13547 MCHENRY COUNTY RECORDER $ 15.00
13548 GENERAL FUND $ 24096.52
13549 EMPLOYEE INSURANCE $ 5025.00
13550 UNITED STATES POSTAL SERV $ 400.00
13606 RETIREMENT FUND $ 18050.00
13607 GENERAL FUND $ 24047.92
13608 MCHENRY STATE BANK $ 150000.00
13609 BOWNE OF CHICAGO $ 2045.00
13610 CHAPMAN AND CUTLER $ 7000.00
13611 EDER RIEDEL & CO $ 600.00
13612 JOEL KENNEDY CONSTRUCTING $ 674466.92
13613 WARREN ASSOCIATES $ 29346.49
13614 ZUKOWSKI ROGERS FLOOD & $ 2235.00
Report Totals 1162723.58
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Mayor Cuda, noting the petitioners for McHenry - Elliott L.L.C. d/b/a Star
Cleaners were not yet in attendance, requested Council consensus to address Item
No. 3 on this evening's agenda. Council concurred.
REQUEST FROM ROGER GERSTAD TO APPROVE REVISED PLANS FOR BOONE
CREEK/DARTMOOR BRIDGE CROSSING
Roger Gerstad and David Backhaus, property owners and developers, were in
attendance. Mr. Gerstad informed Council the Boone Creek/Backhaus Annexation
Agreement requires Council approval of the proposed design of Dartmoor Bridge. The
revised bridge design is a concrete pre-cast free-span structure allowing for five feet
of space between the bottom of the bridge and the creek. Mr. Gerstad informed
Council the Illinois Department of Natural Resources and the Division of Waterways
has approved the proposed design. Mr. Gerstad stated upon Council approval the
bridge construction was ready for bid. Mayor Cuda further noted the revised bridge
design reduced the bridge's width from 34 feet to 28 feet. The 28-foot width would
still permit sidewalks on the bridge's south side and an 8-foot bike path on the north
side. Mayor Cuda noted the proposed design, including the revised width, was
consistent with all the other existing City bridges, including the recently constructed
Bull Valley Road bridge.
In response to Alderman Glab's inquiry, it was noted the 28-foot width would
prohibit any future plans to expand the bridge to four lanes. Some discussion
followed.
Motion by Bolger, seconded by Murgatroyd, to approve the Dartmoor Bridge
design as presented, including the reduction in width to 28 feet, subject to review by
the City Engineer.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
July 2, 1997 Page 3
As the McHenry Elliott L.L.C. petitioners were now in attendance, Mayor Cuda
revisited Agenda Item No. 1 - Request for Conditional Use Permit - Star Cleaners,
1 767 N. Richmond Road.
REQUEST FOR CONDITIONAL USE PERMIT - STAR CLEANERS, 1767 N. RICHMOND
ROAD_
Daniel Bailey, representing petitioners McHenry-Elliott L.L.C., was in attendance
along with establishment operators Mr. and Mrs. Yon Shin and David Kwon, President
of K & E Dry Cleaning Machinery. Mr. Bailey addressed Council stating McHenry-
Elliott L.L.C. was seeking a conditional use permit for the operation of a 1 ,500 square
foot dry cleaner which conducts the dry cleaning operation on site. A Zoning Board
of Appeals hearing was conducted on June 16, 1997 resulting in a unanimous
recommendation to grant the conditional use permit for the operation of a 1 ,500
square foot dry cleaner conducting the dry cleaning operation on site.
In response to Alderman Glab's stated concerns regarding the possibility of a
chemical spill and its effect on the residential neighborhood to the west, a lengthy
discussion followed regarding the delivery, installation, and use of the toxic dry
cleaning chemical Perc. Director Lobaito informed Council discussions with Safety
�-' Clean, a licensed hazardous waste hauler and a chemical supplier of Perc , had been
conducted. It was noted the equipment that will be utilized by the Shins at Star
Cleaners is the latest in dry cleaning equipment containing safety features such as
containment pans and vacuum hoses. The removal of Perc sludge is done on a
monthly basis by a State licensed hazardous waste hauler. The Perc sludge is
removed in,containers complying with the Federal Department of Transportation's
regulations and the delivery of perc is handled in 20-gallon containers. Transfer of the
perc into the dry cleaning equipment is done through a system which is completely
sealed during the transfer. Director Lobaito noted, based upon the findings of the
Zoning Board of Appeals and the data gathered by staff on the delivery, use and
installation of perc, it is staff's recommendation to approve the conditional use
requested, subject to maintaining compliance with IEPA, OSHA and NFPA regulations
regarding the use of hazardous chemicals and the operation of dry cleaning equipment.
Motion by McClatchey, seconded by Bolger, to approve the Zoning Board of
Appeals' unanimous recommendation and pass an ordinance granting a conditional use
permit to McHenry-Elliott L.L.C. for the operation of a 1 ,500 square foot dry cleaning
facility with on-site processing at 1767 N. Richmond Road, subject to maintaining
compliance with [EPA, OSHA and NFPA regulations regarding the use of hazardous
chemicals and the operation of dry cleaning equipment.
Mayor Cuda opened the floor to audience comment.
Curt Pepe of 3609 Cornell Court addressed Council stating his concern with the
long and short-term results of a possible leak into the soil through cracks in the
parking lot. He noted spills are not required to be reported. Distributing information
on perchloroethylene from the Hazardous Chemicals Desk Reference, Mr. Pepe
inquired as to how and if adjoining property owners would be notified of a spill.
Nancy Postner of 1632 Riverside Drive addressed Council requesting
clarification of the zoning requirements permitting the operation of dry cleaners.
Mayor Cuda explained dry cleaners have always been permitted in all commercial
zoning districts, however, dry cleaning plants with on-site cleaning require the
issuance of a conditional use permit. Requiring a conditional use permit assists the
city in regulating the location and conditions upon the granting of such use.
Mayor Cuda called the vote.
Voting Aye: Bolger, McClatchey, Murgatroyd.
Voting Nay: Glab.
Absent: Baird.
Motion carried.
July 2, 1997 Page 4
DISCUSSION OF REDUCTION IN SPEED LIMIT ON RIVERSIDE DRIVE
Mayor Cuda reminded Council that the May 28, 1997 regularly scheduled
meeting, Council postponed action on reducing the speed limit on Riverside Drive,
north of McCullom Lake Road to the corporate limits of the City of McHenry from 35
Miles Per Hour to 30 Miles Per Hour. Upon written verification from McHenry
County's Transportation Department noting the reduction to 30 mph of McHenry
Township's section of Riverside Drive, Council stated their intent to pass an ordinance
also reducing the speed limit to 30 mph. Written verification had been submitted and
an ordinance drafted.
Motion by Murgatroyd, seconded by Glab, to pass an ordinance reducing the
speed limit from 35 to 30 mph on Riverside Drive north of McCullom Lake Road to the
corporate limits of the City of McHenry.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Alderman Bolger requested Chief of Police Joyce investigate complaints he had
received regarding the prohibition of vans on all sections of Riverside Drive.
AWARD OF BID FOR WASTEWATER DIVISION SERVICE TRUCK
Director of Public Works Batt reported bids were sought for a Wastewater Lift
Station service truck. Two bids were submitted and opened on Tuesday, June 24,
1997. Director Batt noted the 1997-98 Budget reflects a $37,000 figure for this truck
purchase. Buss Ford of McHenry submitted a bid of $35,299 and the low bidder,
Gary Lang, submitted a bid of $34,190. Director Batt noted the delivery date is 12-16
weeks after receipt of order, and a 36/36 chassis warranty and a 60/100 engine
warranty, with a $100 deductible is also provided.
Motion by Glab, seconded by Bolger, to award the purchase of a lift station
service truck for the Wastewater Division to the low bidder, Gary Lang Chevrolet in
an amount not to exceed $34,190.00.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. -�
Voting Nay: None.
Absent: Baird.
Motion carried.
APPROVAL OF CITY'S ANNUAL PREMIUM PAYMENT TO MCMRMA
City Clerk Althoff informed Council that the 1997-98 Budget reflects a
$260,000 figure for the annual renewal premium to the City's risk management pool.
The McHenry County Municipal Risk Management Agency (MCMRMA) includes the
Village of Algonquin, the Village of Fox River Grove, the Village of Huntley, the Village
of Island Lake, the Village of Spring Grove, the City of Woodstock, the Woodstock
Fire Protection/Rescue District, and the City of McHenry..The annual renewal cost was
discussed at MCMRMA's quarterly Board Meeting on June 5, 1997 at which time
Arthur J. Gallagher Service Representative Bob Lehrman informed the Board that
although a difficult renegotiation was experienced with the insurance underwriters, a
flat or decreased premium cost was obtained for most coverages. The excess
insurance carriers insisted, however, that the MCMRMA pool increase the Loss Fund
amount, as the pool's overall loss experience has deteriorated over the last year. Four
of the five open claims years have exceeded or come close to exceeding the Loss --'1
Fund. The 1997-98 premium cost for the City of McHenry is $275,938. City Clerk
Althoff noted that although the premium is $15,938 more than the budgeted amount,
the $89,000 premium refund from years 1988-89, 1989-90 and 1990-91 received in
November of 1996 creates a fund balance of $349,000. Mayor Cuda also noted any
monies not utilized in the Loss Fund will be reimbursed to the City.
July 2, 1997 Page 5
City Clerk Althoff also noted the MCMRMA Board had requested Arthur J.
Gallagher Risk Management Services to provide a quote for excess liability coverage
from the current $3 million to $5 million. The cost to the City of McHenry would be
an additional $1 ,314. The Board will not purchase the additional coverage unless all
participating members approve. City Clerk Althoff reported six of the eight
participating members have approved the additional expenditure.
Motion by McClatchey, seconded by Murgatroyd, to approve the expenditure
of $277,252 for the 1997-98 renewal premium to the McHenry County Municipal Risk
Management Agency for worker's compensation, property, general liability, and public
officials insurance coverage, and to increase the City of McHenry's excess liability
coverage from $3 million to $5 million.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he, Director Batt and Director Lobaito had met with
representatives from the City's new waste hauler, Waste Management North. The
excellent relationship and service provided by former waste hauler North Shore was
acknowledged with assurances by Waste Management representatives to provide the
same quality of service. Mayor Cuda also noted the first year of the looseleaf pickup
program might experience some difficulties and asked for patience and forbearance
by all City of McHenry residents. Some discussion followed regarding Waste
Management North's recommendation to implement a six-week looseleaf pickup
program from mid October to the end of November, as opposed to an eight-week
pickup from the beginning of October to the end of November. It was the consensus
of Council to retain the eight-week looseleaf pickup program as per the Request for
Proposal.
COMMITTEE REPORTS
Mayor Cuda recommended the Finance and Personnel Committee begin review
and revision of the City of McHenry's Personnel Policy as soon as possible. City Clerk
�•- Althoff was directed to distribute copies of the proposed draft by City Attorney
McArdle's law firm Zukowski, Rogers, Flood & McArdle to full Council. Finance and
Personnel Committee Chairman Alderman Murgatroyd stated a committee meeting
would be scheduled for the end of July, at which time review of the Personnel Policy
as well as current Water/Sewer rates and capital development fees will occur.
STAFF REPORTS
Director of Building and Zoning Lobaito distributed three painting quotations for
the Mass Barn renovation project as per Council direction at the June 25, 1997
regularly scheduled Council meeting. The low quote is from Habich Decorating of
McHenry in an amount of $21 ,140.00. It is the recommendation of staff and project
coordinator Direct Design to waive competitive bidding and award the painting
contract for the Mass Barn to Habich Decorating of McHenry in an amount not to
exceed $21 ,140.00.
Motion by Glab, seconded by Murgatroyd, to waive competitive bidding and
award the painting contract for the Mass Barn renovation project to Habich Decorating
of McHenry in an amount not to exceed $21 ,140.00.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
July 2, 1997 Page 6
Director of Public Works Batt, referencing his memo of June 26, 1997, noted
"1
an analysis of the water quality from Water Plant #1 and Wells No. 2 and 3 was
conducted by City Engineers Baxter & Woodman. Samples were analyzed for
benzene, toluene, total zylenes (BETX) and volatile organics. Director Batt noted
Summer use of the water plant is possible if the plant is properly ventilated.
Appropriate ventilation has subsequently occurred. In addition, at the contaminant
concentrations found, there are no Federal or State laws that prevent the potable use
of water pumped from Well No. 2 or Water Plant No. 1 .
Director Batt also requested Council approve the payment to Associated Roofing
and Waterproofing. Inadvertently, this bill was not included on this evening's Consent
Agenda. Director Batt noted 10% of the $22,600 was being withheld.
Motion by Glab, seconded by Bolger,to approve payment to Associated Roofing
and Waterproofing in an amount not to exceed $22,600.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Director Batt also provided Council with a 1997 Streets Program update.
NEW BUSINESS
Alderman Bolger inquired as to the status of Leonard Avenue. He noted some
concern as to its potential opening in light of upcoming area activity, specifically the
fireworks celebration and Fiesta Days. Director Batt noted Leonard Avenue was not
to be opened until the first occupancy permit was issued. He will investigate.
Alderman Bolger also drew Council's attention to the letter from Economic
Development Commission Chairman Kit Carstens, noting the positive potential and
mutually beneficial association of this not-for-profit advisory commission.
EXECUTIVE SESSION
Motion by McClatchey, seconded by Glab, to go into Executive Session to '1
discuss Personnel and Collective Bargaining.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Council went into Executive Session at 8:45 P.M.
Alderman Baird arrived at 9:15 P.M.
Motion by Bolger, seconded by Glab, to go back into Open Session.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:50 P.M.
Mayor Cuda distributed a memo from Clarke Environmental Mosquito
Management representative George Balis, noting the substantial increase in mosquito
activity. He requested Council permission to apply an ultra low volume application at
Petersen Park prior to the July 5, 1997 fireworks display, at Knox Park prior to the
arrival of the Twin Cities/Chicago AIDS Bicycle ride on July 11 , 1997 and a general
overall City application.
July 2, 1997 Page 7
Motion by Baird, seconded by Glab, to authorize the expenditure to Clarke
Environmental Mosquito Management for an ultra low volume application at Petersen
Park prior to the July 5, 1997 fireworks, Knox Park prior to the arrival of the Twin
Cities/Chicago AIDS bicycle riders on July 11, 1997 and to the general overall City
application.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Baird, seconded by Glab, to pass an ordinance repealing Section 22.1
and 22.2 of the City of McHenry's Personnel Policy, except as it may apply through
existing collective bargaining agreements.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by McClatchey, seconded by Glab, to adjourn.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:55 P.M.
MAYOR CITY