HomeMy WebLinkAboutMinutes - 11/06/1996 - City Council REGULAR MEETING
NOVEMBER 6, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, November 6, 1996 at 7:30 P.M. in the Council
Chambers of the Municipal Center. At roll call the following Aldermen were present:
Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance were:
City Clerk Althoff, City Administrator Jordan, City Attorney McArdle, Director of
Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and
Recreation Merkel, and Chief of Police Joyce. Absent: None.
Gary Lang, owner and operator of Gary Lang Chevrolet, presented Chief of
Police Joyce, D.A.R.E. Officer Patricia Laycock, representatives of the D.A.R.E.
Parents' Committee Dave Maire and Mary Brunner, along with the McHenry City
Council, a 1991 Chevrolet Astrovan to be used in conjunction with the City of
McHenry's D.A.R.E. Program for one full year. Mayor Cuda, Council, and Chief of
Police Joyce thanked Mr. Lang for his generous donation.
TEN MINUTE PUBLIC INPUT SESSION
Nancy Roozee, of 1328 N. Riverside Drive, addressed Council. Ms. Roozee, a
representative of the Riverside Area Business Association, informed Council a
variance was needed for the Miller Building on Riverside Drive, which was recently the
recipient of a Landmark Commission facade grant. The awnings purchased with this
grant money are 4" below the Zoning Ordinance requirement of 8 feet. Some
discussion followed: It was the consensus of Council to place Ms. Roozee's request
on the next regularly scheduled Council meeting agenda, November 13, 1996.
CONSENT AGENDA
In response to Alderman Locke's inquiry, Mayor Cuda reported the easement
dispute between the Jordans and Gerstad had been resolved to both parties
satisfaction.
Motion by Lawson, seconded by Bolger, to approve the Consent Agenda as
follows:
(1) October 16 1996 Regular City Council Meeting Minutes;
(2) Grant of Easement from Mr. & Mrs. Don Jordan to City of McHenry;
(3) List of "As-Needed" Checks for Approval, as follows:
General Fund
84360 AFLAC $ 1352 . 50
84361 FORT DEARBORN LIFE $ 268 . 66
84362 SUN LIFE OF CANADA $ 683 . 70
84363 POLICE PENSION FUND $ 6005 .44
84364 RETAINED PERSONNEL ESCROW $ 1020 . 00
84420 RECREATION PROGRAMS FUND $ 25000 . 00
84421 CAPITAL DEVELOPMENT $ 7598 . 00
84422 WATER/SEWER FUND $ 1680 . 00
84423 INSURANCE CLAIMS ACCOUNT $ 25697 . 03
84424 SECRETARY OF STATE $ 21. 00
Report Totals 69326 .33
Water/Sewer Fund
13018 SUN LIFE OF CANADA $ 103 . 35
13029 WILLIAM P CUNNINGHAM $ 452 . 62
13030 POSTMASTER MCHENRY IL $ 861 . 08
Report Totals 1417 . 05
Parks Fund
6851 SUN LIFE OF CANADA $ 23 . 85
Report Totals 23 . 85
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
�. Voting Nay: None.
Absent: None.
Motion carried.
November 6, 1996 Page 2
PUBLIC HEARING - 1996 PROPOSED TAX LEVY
Mayor Cuda opened the Public Hearing at 7:40 P.M. to consider the 1996
Proposed Tax Levy. Mayor Cuda asked if there were any questions or comments from
members of the audience. There were none. In response to Mayor Cuda's inquiry
regarding the 1996 Tax Levy, City Clerk Althoff reported no comments or questions
had been received by her office. Mayor Cuda then asked for a motion to close the
Public Hearing.
Motion by Locke, seconded by Baird, to close the Public Hearing on the 1996
Tax Levy.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Public Hearing was closed at 7:41 P.M.
City Administrator Jordan explained the proposed 1996 Tax Levy will result in
a slight increase in the tax rate. The tax rate is proposed to be .6034 and last year's
rate was .6032. The 1996 rate assumes an equalized assessed valuation of
$340,000,000. Alderman Bates questioned the $9,000 levy for the Mayoral salary, •�
as Council had recently increased the yearly Mayoral salary to $12,000 per year. City
Administrator Jordan explained the levy before Council was for 1996. Next year's tax
levy for 1997 will reflect the Mayoral salary increase.
Some discussion followed regarding the feasibility of reducing the proposed
1996 Tax Levy rate. It was the consensus of Council to review the proposed tax levy
again at the December 6, 1996 regularly scheduled Council meeting.
City Attorney McArdle noted a formal motion should be made to authorize the
publication of the Truth in Taxation Notice, as the 1996 proposed Tax Levy rate is
higher than the 1995 actual Tax Levy rate. City Administrator Jordan concurred.
Motion by Bates, seconded by Lawson, to authorize the publication of the Truth
in Taxation Notice in the local daily newspaper, Northwest Herald.
(NOTE: Truth in Taxation Notice was published by the City Clerk's Office on October 25, 1996)
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
OLDE MILL PONDS ON BOONE CREEK - FINAL PLAT
Inland representative Matt Fiascone, Engineer Don Barnes, Developer Lucky
Spooner, and Inland in-house counsel Tom Burney and Don Bauer were in attendance.
Matt Fiascone reviewed from inception the progress of the Olde Mill Pond project. He
stated he was requesting final plat approval at this time. Mayor Cuda informed
Council Inland Management, Inc. had presented an agreement for Council approval
addressing the concerns raised by residents at the October 3, 1996 Plan Commission
meeting, specifically:
(1 ) fencing;
(2) restoration of disturbed landscaping;
(3) construction of a berm at the north end of Donovan Street; -
(4) the drilling of two dewatering wells at the east and west side of the southwest
retention pond; and,
(5) the installation of piping and pumps in such wells;
(6) the indemnification of Inland from claims, damages, losses, lawsuits,
proceedings, violations of laws and costs or expenses arising out of the
construction of any of the improvements identified in the agreement.
Mayor Cuda then distributed copies of the agreement to Council. Mr. Fiascone
requested Council discuss and approve this agreement at the next regularly scheduled
Council meeting on November 13, 1996 and go forward with the approval of the Olde
Mill Pond on Boone Creek final plat.
November 6, 1996 Page 3
It was the recommendation of Mayor Cuda to table final plat approval until the
next regularly scheduled Council meeting on November 13, 1996. Some discussion
followed.
..,�� Motion by Lawson, seconded by Bates, to table Final Plat approval for the Olde
Mill Ponds on Boone Creek subdivision to November 13, 1996.
Voting Aye: Bolger, Bates, Lawson.
Voting Nay: Locke, Baird.
Absent: None.
Motion carried.
Mayor Cuda opened the floor for audience comments.
Carol Moran requested Council and staff research the original depth of the Olde
Mill Ponds proposed retention ponds. She stated her concerns were with safety,
citing the California Carolyn Fisk law requiring the fencing of all-clay lined retention
ponds. Council continued their discussion, stating their concerns with the proposed
Agreement's indemnification paragraph. Alderman Locke noted the motion to table
in no way prohibited further discussion on this issue. The motion only prohibited
taking final action. City Attorney McArdle recommended Council continue their
discussion in Executive Session under Potential Litigation as Inland's in-house counsel
�-- stated this possibility in the event Final Plat approval for Olde Mill Ponds on Boone
Creek subdivision was not forthcoming.
EXECUTIVE SESSION
Motion by Locke, seconded by Lawson, to go in Executive Session to discuss
Potential Litigation.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
Council went into Executive Session at 8:04 P.M.
Motion by Locke, seconded by Lawson, to go back into Open Session at 8:30
P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
�- Absent: None.
Motion carried.
Mayor Cuda noted the approval of Inland Management's Olde Mill Ponds
Subdivision will be placed on the next regularly scheduled Council meeting agenda,
November 13, 1996.
REQUEST FROM LAKEWOOD SUBDIVISION FOR ROADWAY REPAIRS
Amy Moerschbacher of Lakewood Subdivision addressed Council. She noted
a petition signed by Lakewood Subdivision property owners had been presented to
Mayor Cuda requesting the City of McHenry patch and repair Lakewood Road. She
specifically stated the request was only to patch and repair, not to resurface the road.
Some discussion followed regarding the cost of patching and repairing Lakewood Road
and the use of Motor Fuel Tax monies. Council noted, as the Lakewood Subdivision
had been forcibly annexed by the City of McHenry, their request was reasonable.
Motion by Bolger, seconded by Baird, to authorize the repair and patching of
Lakewood Road on an as-needed basis, to be determined by staff.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: Locke.
Absent: None.
Motion carried.
November 6, 1996 Page 4
RELEASE OF LETTER OF CREDIT - GREEN VALLEY SUBDIVISION UNIT 1
Director of Public Works Batt reported Chris Newkirk, developer of Green Valley
Subdivision, had recently submitted his request for the release of his letter of credit
for Green Valley, Unit 1 subdivision. Director of Public Works Batt noted all the public
improvements have been completed and are ready for City acceptance. In response
to Alderman Baird's question, Director of Public Works Batt noted all the sidewalks
along Turnberry Avenue had been completed.
Motion by Bolger, seconded by Baird, to release the letter of credit for Green
Valley, Unit 1 Subdivision in the amount of $80,870 and replace it with a one-year
warranty in the amount of $12,939.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF McHENRY AND STATE OF
ILLINOIS - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MASS BARN
As per Mayor Cuda's direction at the regularly scheduled October 30, 1996
Council meeting, a copy of the agreement between the City of McHenry and the State
of Illinois Capital Development Board for the renovation and refurbishing of the Mass
Barn was provided for Council review. City Attorney McArdle has reviewed the
agreement and has confirmed with the Capital Development Board's in-house attorney
that the $500,000 was appropriated and released to the Capital Development Board
for use on this project. City Attorney McArdle has also ascertained that although the
funds are officially available through the State's fiscal year which ends June 30,
1997, typically, the State does reappropriate for the unspent portion of the project,
particularly when the project has begun. It was also noted there are no other
unreasonable restrictions associated with this agreement. A lengthy discussion
followed regarding the State's reimbursement process and the availability of City funds
to cover any unpaid portion of the project.
Motion by Bolger, seconded by Locke, to authorize the Mayor's execution of the
Intergovernmental Agreement between the City of McHenry and the State of Illinois
Capital Development Board for the refurbishing of the Mass Barn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda directed staff to begin working on this project immediately. A
Request for Proposals for architects to oversee and coordinate the Barn renovation
should be developed and distributed as soon as possible.
AWARD OF BID FOR PICKUP TRUCK - WATER DIVISION
Director of Public Works Batt reported bids were opened for a diesel pick-up
truck with a utility body for use by the Water Division as a replacement vehicle for
truck #522 on October 29, 1996. The monies for the diesel pickup truck replacement
had been budgeted at $25,000. All McHenry new truck dealers were invited to
participate in the bid process. Three dealerships submitted bids and met all
specifications. The low bidder was Gary Lang Chevrolet at $21 ,876. It is the
recommendation of staff to award the bid for the 1997 pickup truck to Gary Lang
Chevrolet in the amount of $21 ,876. Director of Public Works Batt noted that delivery
time is stated as 12-14 weeks. Some discussion followed regarding the advisability
of awarding any type of contract or bid to an entity currently in contract default with ....r
the City of McHenry.
Motion by Bolger, seconded by Lawson, to award the diesel pick-up truck with
a utility body bid to Gary Lang Chevrolet in the amount of $21 ,876.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 6, 1996 Page 5
ORDINANCE AMENDING TRAFFIC CODE - INSTALLMENT OF STOP SIGN AT
CHESTNUT AND PINE DRIVE
Mayor Cuda noted at the regularly scheduled October 30, 1996 Council
meeting, Council authorized staff to draft an ordinance amending the Traffic Code by
adding a stop sign to Chestnut Lane, westbound at Pine Drive in the Oaks of McHenry
subdivision.
Motion by Lawson, seconded by Baird, to pass an ordinance adding a stop sign
to Chestnut Lane, westbound at Pine Drive in the Oaks of McHenry subdivision.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO ADVERTISE FOR BIDS-FORT McHENRY WASHROOM CONSTRUCTION
Director of Parks and Recreation Merkel informed Council the volunteer effort
to coordinate the construction of the washrooms at Ft. McHenry did not materialize.
The Parks and Recreation Committee discussed this project at its October 15, 1996
Committee Meeting and unanimously recommended staff be authorized to advertise
for formal bids to complete the construction of washrooms at Fort McHenry. Director
of Parks and Recreation Merkel noted bid specifications will be prepared based on
architectural drawings completed by Cone, Kalb & Wonderlick.
Motion by Bates, seconded by Baird, to acknowledge the recommendation from
the Parks and Recreation Committee and authorize staff to advertise for bids for the
construction of washrooms at Fort McHenry.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RATIFICATION OF FISCAL YEAR 1997-98 NISRA BUDGET AND APPROVAL OF 1997
MEMBERSHIP DUES
Director of Parks and Recreation Merkel reported the City of McHenry has been
a participating member of the Northern Illinois Special Recreation Association since
1993. The City Council annually approves the membership dues and ratifies the
�.. budget for the upcoming fiscal year. The 1997-98 proposed dues were reviewed at
the NISRA Board of Trustees meeting on Tuesday, September 24, 1996. The actual
dues charged for each participating member will be subject to an adjustment based
upon their actual growth in equalized assessed valuation. Some discussion followed
regarding the 35% overall increase since the City of McHenry joined NISRA in 1993.
Alderman Bates explained the rates are calculated using the CPI and the percentage
of new growth.
Motion by Bolger, seconded by Baird, to ratify the 1997-98 NISRA Budget and
to approve the expenditure of $54,265 in membership dues, subject to an adjustment
by the actual equalized assessed valuation for the City of McHenry.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
`- PURCHASE OF PLAYGROUND EQUIPMENT - JAYCEE PARK
Director of Parks and Recreation Merkel informed Council the McHenry Area
Jaycees donated $51 ,200 in 1992 for the development of facilities in the 5-acre park
located in the Trails of Winding Creek subdivision. Monies were budgeted for the
installation of sidewalks within the park. In the event sidewalks were not required for
internal park traffic, the balance of any remaining funds could be used to purchase
additional playground equipment. The status of the project was recently reviewed
with the McHenry Area Jaycees and the project committee approved the balance of
November 6, 1996 Page 6
all funds in the amount of $7,200 be applied to the purchase of additional playground
equipment. A price quotation and illustration for playground equipment to coordinate
and match the materials and colors of the existing playground unit were presented to
the Parks and Recreation Committee on October 15, 1996 for consideration. It was -�
the recommendation of the Parks and Recreation Committee that the City Council
approve the purchase playground equipment for Jaycee Park in the amount of
$7,200.
Motion by Bates, seconded by Bolger, to approve the purchase of playground
equipment for Jaycee Park in the Trails of Winding Creek subdivision from Educational
Interiors, Furniture, and Equipment Recreation Creations, Inc. in the amount of
$7,200.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PROCLAMATION DECLARING 1997 AS THE "YEAR OF THE BARN"
City Clerk Althoff informed Council the City of McHenry had received a request
from Nancy Fike, museum administrator of the McHenry County Historical Society.
As the Historical Society Museum was selected as one of four sites in the State of
Illinois to host a traveling exhibit from the Smithsonian Institute entitled, "Barn Again",
the historical society has requested that all McHenry County municipalities, townships
and the County declare 1997 as the "Year of the Barn."
Motion by Lawson, seconded by Locke, to pass a proclamation declaring 1997
as the "Year of the Barn" in the City of McHenry.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR'S - STATEMENT AND REPORTS
Mayor Cuda informed Council he had sent a letter to the Fox River Waterway
Management Agency requesting consideration to dredge Boone Creek from the River
west to the Millstream Bridge. Alderman Bates requested Council be apprised of the
potential cost of this project prior to approval.
COMMITTEE REPORTS
Finance Committee Chairman, Alderman Lawson, reminded Council of the
Finance Committee meeting on Wednesday, November 13, 1996 at 6:00 P.M. in the
Aldermen's Conference Room. He noted that in addition to the G.I.S. presentation,
discussion regarding the cost of the realignment of Industrial Drive and Phase I of the
Lakeland Park drainage project will be discussed.
STAFF REPORTS
Director of Building and Zoning Lobaito noted interviews were now being
conducted for the Code Compliance Inspector position.
Director of Public Works Batt reported the Riverside Drive electrical problem was
caused by Commonwealth Edison. He also noted the curb machine was on-site at
Mark Towne's McHenry City Centre Business Park.
City Administrator Jordan reported several applications for the City Planner
position had been received.
City Clerk Althoff informed Council the City of McHenry census will be
completed, effective tomorrow, November 7, 1996.
November 6, 1996 Page 7
NEW BUSINESS
In response to Alderman Bates' inquiry, Director of Public Works Batt reported
the construction and road closed signs at the McHenry City Centre Business Park will
be removed.
EXECUTIVE SESSION
Motion by Lawson, seconded by Locke, to go into Executive Session to discuss
Potential Litigation and Personnel.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:20 P.M. to discuss Potential Litigation
and Personnel Matters.
Motion by Bolger, seconded by Locke, to go back into Open Session at 10:52
P.M.
Voting Aye: Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Bolger.
Motion carried.
ADJOURNMENT
Motion by Bates, seconded by Locke, to adjourn.
Voting Aye: Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Bolger.
Motion carried.
The meeting adjourned at 10:53 P.M.
Well- J
MA 7&R C Y CL