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HomeMy WebLinkAboutMinutes - 10/01/1997 - City Council (2) REGULAR MEETING OCTOBER 1, 1997 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, October 1 , 1997 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd. Absent: Baird. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Public Works Batt, Director of Parks and Recreation Merkel. Absent: Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. PUBLIC HEARING - COLOMER SUBDIVISION ANNEXATION Mayor Cuda opened the Public Hearing on the Colomer Subdivision Annexation at 7:33 P.M. Petitioner John Colomer, his attorney Mark Saladin of Militello, Zanck and Coen, and his engineer Timothy Hartnett of Smith Engineering, were in attendance. City Planner Phil Maggio noted Exhibit "C", the Plat of Annexation, was inadvertently excluded from the Aldermen's agenda packets. Attorney Saladin addressed Council stating Mr. John Colomer, the petitioner, is requesting annexation, rezoning to C-5 Highway Commercial, and preliminary plat approval for three acres of property located at 2102 N. Richmond Road. The existing structure on the property would be demolished to accommodate the proposed subdivision. Mr. Saladin stated that at their August 18, 1997 meeting, the Zoning Board of Appeals unanimously recommended approval of the C-5 Highway Commercial zoning upon annexation. The zoning is appropriate, since the subject property is surrounded by other commercially zoned and developed property and it is located in a major transportation corridor. Mr. Colomer intends to construct a car wash facility on Lot 2, the northern lot, and a Steak 'N Shake restaurant on Lot 1 , the southern lot. It was noted the Steak 'N Shake restaurant will require a conditional use permit because of a proposed drive- through service lane. However, at this time the petitioner has only requested the property be rezoned to C-5 Highway Commercial. A separate petition for the Steak 'N Shake restaurant will be submitted for consideration by the Zoning Board of Appeals and City Council at a future date. The Annexation Agreement provides for the C-5 Highway Commercial zoning and approval of the Colomer Subdivision Preliminary Plat. Attorney Saladin also stated Mr. Colomer's agreement to insert language in the Annexation Agreement restricting signage to only monument-type ground signs. Mr. Colomer is also requesting Council approval to waive the $1 ,500 annexation fee. A lengthy discussion followed. In response to Alderman Glab's inquiry, Attorney Saladin stated the annexation fee should be waived in light of the retail sales tax dollars a commercial property of this type will bring to the City of McHenry. City Administrator Lobaito acknowledged annexation fees had been waived previously by Council when the City of McHenry actively sought the annexation of specific properties. Mayor Cuda stated his support for the waiver of annexation fees, citing the benefit of commercial development to the City of McHenry. Attorney Saladin referenced the petitioner's proposed improvements to Route 31 , as well as the expense of extending water and sewer infrastructure. Alderman Glab voiced his concern regarding setting a precedent for the waiving of annexation fees for all commercially zoned properties. - In response to Council inquiry, City Administrator Lobaito confirmed negotiations were taking place with McHenry Commons to obtain an internal access point to the shopping center in an effort to alleviate in-and-out traffic on Route 31 . Alderman Glab requested the placement of stop signs be reviewed by staff if an internal access point is obtained. Mayor Cuda asked if there were any questions or comments from the audience. There were none. City Clerk Althoff then informed Council no written or verbal comments and/or questions had been received by the Clerk's office. October 1 , 1997 Page 2 Motion by McClatchey, seconded by Bolger, to close the Public Hearing. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. The Public Hearing was closed at 7:48 P.M. Motion by Bolger, seconded by McClatchey, to pass an ordinance approving the Colomer Annexation Agreement and authorizing the Mayor and City Clerk's execution of the Colomer Annexation Agreement. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Cuda. Voting Nay: None. Absent: Baird. Motion carried. Motion by Murgatroyd, seconded by Bolger, to pass an ordinance annexing the Colomer Property of approximately three acres, located at 2102 N. Richmond Road, McHenry, Illinois, and authorizing the Mayor and City Clerk's execution of the ordinance. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Cuda. Voting Nay: None. Absent: Baird. Motion carried. Motion by McClatchey, seconded by Glab, to accept the unanimous -- recommendation of the Zoning Board of Appeals and pass an ordinance reclassifying the Colomer Property located at 2102 N. Richmond Road, McHenry, Illinois from County A-1 Agriculture, to C-5 Highway Commercial zoning. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. Motion by Murgatroyd, seconded by Bolger, to accept the unanimous recommendation of the Plan Commission and approve the Colomer Subdivision Preliminary Plat dated July 25, 1997. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. October 1 , 1997 Page 3 CONSENT AGENDA Mayor Cuda stated City Clerk Althoff had requested the September 17, 1997 minutes be removed from the Consent Agenda, allowing for a minor revision. Motion by Glab, seconded by Bolger, to approve the Consent Agenda, with the removal of the September 17, 1997 minutes, as follows: (1) City Council Minutes: • September 10, 1997 Regular Meeting; (2) Payment to Custom Landscaping for landscape installation at Green Street Park; (3) Agreement Between City of McHenry and Whispering Oaks Community Center -- for Parking Lot Control; (4) Proposal from NICOR Technologies, Inc. for installation of conduit for new street lighting on Green Street - Green Street Downtown Revitalization, in an amount of approximately $8,400; (5) Payment to Joel Kennedy Constructing Corporation in the amount of $176,985.08 for Sanitary Sewer System Improvements and Sanitary Sewer Eastern Expansion; (6) Request from Pets in Need for placement of fundraiser dinner signs in rights-of- way; (7) Payment to Car-Min Construction in the amount of $19.701 .00 for Miscellaneous Sewerage Repairs; (8) List of As-Needed Checks, as follows: (9) List of Bills, as follows: AS-NEEDED CHECKS: General Fund 87143 BOND AND INTEREST $ 27605.00 87144 BOND RESERVE FUND $ 5175.00 87145 PROJECT ASSESSMENT FUND $ 15000.00 87146 WATER/SEWER FUND $ 65000.00 87147 CAPITAL DEVELOPMENT $ 100000.00 87263 SUN LIFE OF CANADA $ 723.45 87264 BADGER UNIFORMS $ 1797.56 87265 INSURANCE CLAIMS ACCOUNT $ 23330.66 87266 CLERK OF THE CIRCUIT $ 110.00 87268 ICMA RETIREMENT TRUST-457 $ 3901.64 87269 NACO CLEARING ACCOUNT $ 1008.46 87270 ILLINOIS DEPT OF REVENUE $ 4785.97 87271 PAYROLL ACCOUNT $ 117099.77 87272 POLICE PENSION FUND $ 5428.05 87273 FLEX TRUST ACCOUNT $ 1391.76 87274 MCHENRY COUNTY RECORDER $ 76.00 87275 WASTE MANAGEMENT NORTH $ 26944.00 87276 RETAINED PERSONNEL ESCROW $ 90.00 87277 PATRICK GORNIAK $ 141.90 87278 TEAMSTERS LOCAL 301 $ 75.00 87284 INSURANCE CLAIMS ACCOUNT $ 5713 .13 87285 PARK INN $ 46.62 87286 MCDONALD, RONALD HOUSE $ 121.00 87287 MCDONALD, RONALD HOUSE $ 30.00 87288 NCPERS GROUP LIFE INS $ 165.00 87289 MCHENRY COUNTY RECORDER $ 15.00 87290 PARTYMAKERS $ 200.00 87432 POLICE PENSION FUND $ 62338.27 87433 RETAINED PERSONNEL ESCROW $ 225.00 87434 MCHENRY-ELLIOT LLC $ 352.50 87435 WATER/SEWER FUND $ 103.35 87436 CAPITAL DEVELOPMENT $ 17465.00 87437 WATER/SEWER FUND $ 3920.00 87438 INSURANCE CLAIMS ACCOUNT $ 16402.96 87439 MCHENRY STATE BANK $ 115204.82 87440 SUMMERS PORTABLE TOILETS $ 224.25 87441 CUSTOM LANDSCAPING $ 3995.00 87442 G RABINE & SONS $ 2620.00 87444 CONSOLIDATED CONCRETE $ 9000.00 87445 WILLIAM TONYAN & SONS INC $ 1550.00 87446 DAN ADAMS STEEL SERV INC $ 4378.00 87447 SAMSUN SUPPLY AND $ 22000.00 87448 CASTLE BUILDERS INC $ 17200.00 87449 BOB HABICH DECORATING & $ 14798.00 87450 HARTWIG PLUMBING, HEATING $ 6000.00 87451 RIDGEVIEW ELECTRIC INC $ 6615.00 87452 DIRECT DESIGN $ 2500.00 87453 DIRECT DESIGN $ 2737.00 87454 NORSHORE ALARM CO INC $ 405.00 87455 FBI NAA $ 30.00 87456 FERGUSON, HERBERT $ 25.00 87457 MCHENRY COUNTY CHIEFS OF $ 20.00 October 1 , 1997 Page 4 General Fund (cont'd) 87458 PETTY CASH FUND $ 153.00 87459 THELEN SAND & GRAVEL INC $ 17722.95 87460 CARMICHAEL CONSTRUCTION $ 27547.00 87461 THELEN SAND & GRAVEL INC $ 43507.60 87462 CLERK OF THE CIRCUIT $ 110.00 87463 MARY ANN MILITANO $ 400.00 87464 INTERNAL REVENUE SERVICE $ 150.00 87465 FLEX TRUST ACCOUNT $ 1391.76 87466 ICMA RETIREMENT TRUST-457 $ 3851.64 87467 NACO CLEARING ACCOUNT $ 1133.46 87468 ILLINOIS DEPT OF REVENUE $ 4713.81 87469 POLICE PENSION FUND $ 5488.59 87470 AFLAC $ 1312.38 87471 FORT DEARBORN LIFE $ 173.83 Report Totals 823740.14 Water/Sewer Fund 13759 RETIREMENT FUND $ 9025.00 13760 EMPLOYEE INSURANCE $ 5025.00 13779 SUN LIFE OF CANADA $ 103.35 13780 GENERAL FUND $ 22081.84 13781 JOEL KENNEDY CONSTRUCTING $ 101712.39 13782 POSTMASTER MCHENRY IL $ 1026.90 13786 MCHENRY COUNTY RECORDER $ 15.00 13820 GENERAL FUND $ 23702.33 Report Totals 162691.81 BILLS General Fund 87488 JIM ADAMS AUTO BODY $ 1163.35 87489 AMERITECH $ 1646.45 87490 APWA $ 90.00 87491 BADGER UNIFORMS $ 1166.35 87492 THE BARN NURSERY $ 125.97 87493 BAXTER & WOODMAN $ 760.00 87494 BONCOSKY OIL COMPANY $ 2867.81 87495 SUSAN CHRISTENSEN $ 126.26 87496 CLARKE ENVIRONMENTAL $ 4938.80 87497 BOB COMBS $ 67.09 87498 COMARK GOVT EDUCATION INC $ 338.00 87499 COMMUNICATIONS REVOLVING $ 425.00 87500 COPLEY NEWSPAPERS $ 55.65 87501 CRYSTAL MANOR STABLES $ 358.00 87502 CUSTOM LANDSCAPING $ 660.00 87503 EARTH DEVELOPMENTS INC $ 200.00 87504 EDER RIEDEL & CO $ 5750.00 87505 FDC CORPORATION $ 95.27 87506 ILLINOIS ASSOCIATION OF $ 180.00 87507 PATRICK J JOYCE $ 28.32 87508 KIRCHNER FIRE $ 41.25 87509 KATHLEEN KUNZER $ 104.10 87510 LOCKER'S FLOWERS $ 40.00 87511 LORENE MARCINEK $ 39.68 87512 MCANDREW & CUNABAUGH $ 5600.00 87513 MCHENRY FAVORITE SPORT CT $ 646.80 87514 MCHENRY STATE BANK $ 1128.00 87515 MCI TELECOMMUNICATIONS $ 132.88 87516 NORTHWEST ELECTRICAL $ 240.44 87517 NORTHWEST HERALD $ 166.40 87518 NWBOCA $ 24.00 87519 OLSON AUTO BODY $ 870.00 87520 H R PARTH COMPANY $ 970.00 87521 PATTEN INDUSTRIES INC $ 151.30 87522 PROSAFETY INC $ 104.98 87523 R & N TRUCKING INC $ 150.00 87524 SUMMERS PORTABLE TOILETS $ 120.75 87525 THOMPSON ELEVATOR $ 82.00 87526 UNITED PARCEL SERVICE $ 108.55 87527 WEARGUARD $ 116.95 87528 YMCA OF MCHENRY COUNTY $ 15.00 87529 YOUNG REMBRANDTS INC $ 432.00 87530 TIMOTHY B YOUNG $ 223.20 87531 AKERS, DIANNA $ 39.00 87532 ARNET, ALICE $ 14.01 87533 AMSTADT, DEBBIE $ 14.40 87534 AYALA, AUSTROBERTO $ 40.00 87535 BOGNER, LYNNE $ 65.00 87536 COX, LAURA $ 113.00 87537 DOHERTY, MICKEY $ 805.00 87538 DOHERTY, RICHARD W $ 405.00 87539 FAITH PRESBYTERIAN CHURCH $ 95.00 87540 FORNER, BONNIE $ 12.28 87541 IVERSON, GREG $ 35.00 87542 JOHNSBURG, VILLAGE OF $ 10.25 87543 KARLIN, PAMELA $ 17.84 87544 MODINE MANUFACTURING CO $ 125.00 87545 NIMC CENTEGRA $ 65.00 87546 RAILS TO TRAILS $ 15.00 October 1 , 1997 Page 5 General Fund (cont'd) 87547 ROBERTS, SHERYL $ 35.00 87548 ST PAUL'S EPISCOPAL $ 155.00 87549 SCHAEFER, DONNA $ 35.00 87550 SMITH, JOHN $ 65.00 Report Totals 34711.38 Water/Sewer Fund 13828 AMERITECH $ 164.69 13829 BAXTER & WOODMAN $ 16584.05 13830 BONCOSKY OIL COMPANY $ 364.01 13831 CHEMICAL PUMP SALES AND $ 398.01 13832 FRANK'S TANDEM SERVICE $ 975.00 13833 MCI TELECOMMUNICATIONS $ 4.33 13834 ROWELL CHEMICAL CORP $ 2370.00 13835 SMITH ECOLOGICAL SYSTEMS $ 46.22 Report Totals 20906.31 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. DONATION FROM RIVERSIDE AREA BUSINESS ASSOCIATION - HOLIDAY BANNERS AND REQUEST FOR ANNUAL CHRISTMAS PARADE AND CHRISTMAS WALK Riverside Area Business Association President Susan Miller and McHenry Area Jaycees representative Jim Humbard were in attendance. Ms. Miller addressed Council requesting approval of the Tenth Annual Christmas Walk on Sunday, November 9, 1997 from 11 :00 a.m. to 3:00 p.m, in conjunction with the McHenry Area Jaycees Christmas Parade beginning at Edgebrook School on Kane Avenue, traveling east to Green Street, north on Green Street across Route 120 to Pearl Street, and east to Riverside Drive at 11 :00 a.m. In addition, a request is being made to close Riverside Drive from Pearl Street to Route 120 from 11 :00 a.m. to 3:00 p.m. in an effort to expand Christmas Walk street activities. A donation to the City of McHenry of banners, an expenditure totalling $1 ,742.00, by the Riverside Area Business Association as part of their commitment to the City of McHenry's downtown revitalization efforts, was also discussed. The banners will be erected by City crews, and are of a blue color with a white dove design, incorporating the Riverside Drive Area nautical theme. Motion by McClatchey, seconded by Murgatroyd: • To approve the request of the Riverside Area Business Association to conduct the Tenth Annual Christmas Walk on November 9, 1997 from 11 :00 a.m. to 3:00 p.m.; • To close Riverside Drive from Route 120 north to Pearl Street, between the hours of 11 :00 a.m. to 3:00 p.m.; • To authorize the McHenry Area Jaycees parade route, beginning at Edgebrook School on Kane Avenue, traveling east to Green Street to Pearl Street, traveling east to Riverside Drive, beginning at 11 :00 a.m. on November 9th in conjunction with the Riverside Area Business Associations' Christmas Walk; and, • To accept the Riverside Area Business Association's donation of holiday banners, an expenditure totalling $1 ,742.00, to be installed by City crews on the street lamps along Riverside Drive. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. October 1 , 1997 Page 6 REQUEST FROM NIMC AUXILIARY FOR USE OF PETERSEN PARK BEACH PROPERTY Co-Chairpersons Carol Bradley and Neida Rechisky,of the Auxiliary of Northern Illinois Medical Center, were in attendance. Ms. Bradley addressed Council requesting the use of the City of McHenry's McCullom Lake beachfront property at Petersen Park on Sunday, June 14, 1998 to host a fund raising craft show. All proceeds will be donated by the Auxiliary of Northern Illinois Medical Center toward the purchase of lights for the new surgical center at Northern Illinois Medical Center. In addition, as a not-for-profit organization, the Auxiliary is requesting all fees for park usage and sign permits be waived. Staff noted preliminary discussions with the Chairpersons, Craft Committee, and Parks and Recreation Director Merkel have elicited verbal concurrence with regard to insurance certificates, health department permits, and staff approval of all site plans. Director Merkel noted the use of the City's beachfront property was recommended by staff as numerous Petersen Park athletic events will be occurring simultaneously. Motion by Bolger, seconded by Glab, to approve the request of the Auxiliary of Northern Illinois Medical Center, for use of the City's McCullom Lake beachfront property at Petersen Park on Sunday, June 14, 1998 to host a fund raising craft show, subject to the submission of appropriate insurance certificates, health department permits, and staff approval of all site plans. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. REQUEST FROM SCHOOL DISTRICT 15 FOR CONDITIONAL USE PERMIT McHenry Elementary School District 15 Assistant Superintendent Jeffrey O'Connell, and Operations Manager Robert Ungaro, were in attendance. Mr. -- O'Connell addressed Council requesting approval for a conditional use permit allowing McHenry Elementary School District 15 to expand its administrative offices into the existing residential structure located at 1007 N. Green Street. This structure is located directly to the south of the existing District 15 administrative offices at 101 1 N. Green Street. The Zoning Board of Appeals, at their September 8, 1997 meeting, unanimously approved McHenry Elementary School District 15's request for a conditional use permit to allow the operation of an educational institution at 1007 N. Green Street. Mr. O'Connell also informed Council that a total of only 20 employees will be working out of the two buildings located at 1007 and 1011 N. Green Street, with the possibility of increasing to 23 employees. There are also approximately 29 parking spaces between the two properties. Motion by Glab, seconded by McClatchey, to accept the unanimous recommendation of the Zoning Board of Appeals and approve a conditional use permit for an educational institution at 1007 N. Green Street to McHenry Elementary School District 15. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. October 1 , 1997 Page 7 REQUEST FROM WONDER LAKE SKI SHOW TEAM - HAUNTED HAYRIDE IN DEERWOOD ESTATES SUBDIVISION Roger Gerstad, on behalf of the Wonder Lake Ski Show Team, addressed Council requesting formal permission to host a haunted hayride in the Deerwood Estates Subdivision, located off of Ridge Road between Route 120 and Bull Valley Road. Mr. Gerstad provided background information on the Wonder Lake Water Ski Team, noting its recent accomplishments and the need for additional and newer costumes and equipment. The haunted hayride was suggested as a fund raiser. The event would be held on the last two consecutive weekends in October, the 24th, 25th and 31 st and November 1 st; and would take place in the undeveloped area of Deerwood Estates from 6:00 p.m. to 11 :00 p.m. The club anticipates 200-400 people each evening of the fund raising event. In response to Council inquiry, Mr. Gerstad stated a campfire would be maintained at the loading and unloading point of entrance. Explorer Club members would assist with traffic control and parking. Four wagons pulled by pickup trucks, or in the event of inclement weather, tractors would be used for a 15-minute ride through the undeveloped portion of the subdivision. Mr. Gerstad offered to reduce the hours of operation to 6:00 p.m. to 10:00 p.m. as opposed to the originally proposed 6:00 p.m. to 11 :00 p.m. in an attempt to accommodate the concerns of neighboring property owners. He also offered to hire an off-duty police officer all four evenings. Surrounding property owners requested participants be bused to the fund raising location, however, Mr. Gerstad stated the club's unwillingness to accommodate this specific request. Alderman Murgatroyd expressed his extreme concern as to the impact this amount of traffic and public event might have on the surrounding residential development. In response to Alderman Murgatroyd's inquiry, Mr. Gerstad acknowledged the possibility of making this fund raiser an annual event. In response to Alderman McClatchey's inquiry, Mr. Gerstad noted the start-up expense precluded limiting the event to only one weekend. Mayor Cuda opened the floor to audience comment. Joan Bochenski of 713 Woodridge Trail addressed Council. Ms. Bochenski complimented the club on their accomplishments, however, stated her extreme displeasure at the lack of proper and timely notification by the Wonder Lake Water Ski Show Team and Mr. Gerstad to the neighboring property owners. She also expressed concern with regard to the increased traffic volume on the neighborhood and strongly recommended the busing of participants. She requested Council deny Mr. Gerstad and the Wonder Lake Water Ski Show Team's request if Mr. Gerstad and the club did not agree to the busing in of participants. Timothy DeCoursey of 706 Colony Trail addressed Council. Mr. DeCoursey noted his property was located on the proposed to-and-from traffic route for the fund raising event. He expressed his concern with the increased number of vehicles on this street. He reminded Council the subdivision's covenant expressly prohibit nuisance activities. Bruce Uhl of 701 Woodridge Trail addressed Council. Mr. Uhl drew Council's attention to the letter he submitted enumerating his grave concerns regarding the proposed hayride. These concerns included: • Increased vehicle traffic over a short period of time; • The simultaneous celebration by the subdivision of Halloween and Mr. Gerstad's proposed Halloween fund raiser; • The potential for a grass fire from cars equipped with catalytic converters; and, • The consumption of alcoholic beverages. Beth Wilson of 700 Colony Trail addressed Council. Ms. Wilson raised concerns regarding increased noise levels. Robert Peterson of 7507 Deerwood Trail addressed Council. Mr. Peterson stated his concern with the increase in vehicular traffic and noted that Deerwood Subdivision has no sidewalks. He was concerned with the potential for an accident, particularly with regard to Halloween night and trick-or-treaters. October 1 , 1997 Page 8 In response to Mayor Cuda's inquiry, City Administrator Lobaito stated the Council had the authority to deny or approve Mr. Gerstad's request, as his proposal was not a permitted use in a residential neighborhood and required a conditional use permit. Discussion followed. Alderman Bolger suggested a later starting time on Halloween and making the weekend of October 24th and 25th a trial. If staff determines the event to be disruptive, permission to continue on October 31 st and November 1 st could be denied. Mr. Gerstad also offered to move the parking area to the far northeastern end of the proposed site. Motion by Bolger to approve the request of Mr. Gerstad and the Wonder Lake Ski Show Team to host a haunted hayride in the Deerwood Estates subdivision on October 24th and 25th and continue to work with the subdivision homeowners to resolve their concerns, and to approve the continuation of the haunted hayride on October 31 st and November 1 st, subject to staff's review. Motion died for lack of a second. Motion by Glab, seconded by Murgatroyd, to deny the request of Mr. Gerstad and the Wonder Lake Ski Show Team to host a haunted hayride in the Deerwood Estates subdivision on October 24th and 25th and October 31 st and November 1 st from 6:00 p.m. to 11 :00 p.m. Voting Aye: Glab, McClatchey, Murgatroyd. Voting Nay: Bolger. Absent: Baird. Motion carried. Director of Parks and Recreation Merkel suggested the Wonder Lake Water Ski Show Team use Petersen Park for their haunted hayride fund raiser. He noted the wooded area around McCullom Lake would be the perfect substitute site. Some discussion followed. -- Motion by Bolger, seconded by Murgatroyd, to authorize the use of Petersen Park by the Wonder Lake Water Ski Show Team on October 24th and 25th, October 31 st and November 1st from 6:00 p.m. to 1 1 :00 p.m. for the haunted hayride, subject to staff review and approval. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. Mayor Cuda called for a recess at 9:03 P.M. The meeting was reconvened with everyone still in attendance at 9:10 P.M. PROPOSAL FOR ACCOUNTING AGREEMENT - EDER, RIEDEL & COMPANY Mayor Cuda informed Council, as per the Finance Committee' s request, City Auditor John Eder of Eder, Riedel and Company submitted a proposal for the following services: Police Pension Fund Review, Bond Compliance Requirements, Insurance Fund Review, and Audit of 1993 FEMA Funds. He noted a similar proposal was presented and unanimously approved on August 21, 1996. Mr. Eder is proposing an -- hourly rate of $90.00, with a not-to-exceed amount of $2,000.00 for these services. Motion by Murgatroyd, seconded by Glab, to approve the proposal of City Auditor John Eder of Eder, Riedel and Company, to provide additional accounting services to the City of McHenry as outlined on the August 22, 1997 proposal, with the services to be billed at the hourly rate of $90.00 per hour and not to exceed $2,000; and to authorize the Mayor's execution of this agreement. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. October 1, 1997 Page 9 ANNE STREET DRAINAGE PRESENTATION AND DISCUSSION Director of Public Works Batt and City Engineer Dan Marcinko addressed Council. Director Batt provided Council with an historical perspective of the Anne Street drainage problem, noting engineering work on this area dates back to the mid 1960's. Director Batt noted that the 1989 City of McHenry Master Plan for Water and Sewer Drainage recommends a detention pond for an area upstream of the Edgebrook grate. The preferred area was designated as the Pacini property, located at the northwest corner of Bull Valley Road and Route 31 . Director Batt stated the 1989 Master Plan recommendation for a detention pond is still staff's favored solution for a complete correction of the Anne Street drainage problem. Director Batt also noted the development of Irish Prairie, McHenry Corporate Center,the Rupp Subdivision, and Inland's Business Park have helped reduce the severity of the flooding on Anne Street. Council has recently proposed the Anne Street creek be dredged between the grate and Route 31 . Director Batt presented computerized photos of the Anne Street culverts as they appear today. Several options were presented, including increasing the capacity of the system downstream of the Anne Street grate; dredging the Anne Street area from the lift station to the grate; and refocusing on the 1989 Master Plan detention proposal. Director Batt noted pursuing the 1989 Master Plan detention pond proposal may initiate resistance from the Illinois Fish and Wildlife Department and the Army Corps of Engineers because of area wetlands. Alderman Bolger, noting the extreme expense of this option, as well as the extended time frame, requested dredging and/or cleaning of the creek be seriously considered. Director Batt stated dredging and/or cleaning will not appreciably improve the flooding problem. He also noted access to the entire creek bed would be difficult to obtain. City Administrator Lobaito suggested floodproofing the Carlson's home, as this was the property most severely affected by the flooding. Director Batt requested Council prioritize the numerous Public Works Department projects for the balance of the 1997-98 Fiscal Year. Mayor Cuda instructed Director Batt to provide a list of all the Public Works Department projects underway and proposed for the 1997-98 Fiscal Year in order to facilitate prioritization. Alderman Glab requested Council investigate the viability of the Pacini location for a detention pond. He recommended further discussion be initiated at the Public Works Committee level, or during 1998-99 Budget discussions. Alderman Bolger requested the Anne Street drainage ditch be cleaned as soon as possible. Alderman Murgatroyd left the meeting at 9:45 P.M. COLLECTION AND SALE OF DELINQUENT SPECIAL ASSESSMENTS City Administrator Lobaito noted at the regularly scheduled July 30, 1997 Council Meeting, City Clerk Althoff was directed to proceed with the collection process for delinquent 1997 special assessment payments for the McHenry Shores and Country Club Estates projects. At this time letters of notification were sent out to all the affected property owners informing them payment in full was required prior to September 30, 1997 or the City of McHenry would notify the County Treasurer of its intent to request Application for Judgment in order to sell the properties. City Clerk Althoff updated Council as to the current status of delinquent special assessments. She reported two properties in the Country Club Estates Special Assessment remain unpaid for a total delinquency of $944.79; and a total of seven properties in the McHenry Shores Special Assessment remain unpaid for a total delinquency of $10,214.06. It was noted $7,000.51 of the McHenry Shores delinquency is attributable to one specific property. The property is a beach lot with access to the _ Fox River and may never have its special assessment paid due to unique circumstances and the deed restriction on the property. Research by City Attorney McArdle and City Clerk Althoff has revealed a plat restriction on this lot stating "Lot 1 marked private beach is only for the use of lot owners in this subdivision or any other subdivision that may be laid out on the Walsh farm whose lots do not have river frontage." Although Council has approved for the past two years the sale of this lot for the delinquent special assessment, the lot is never purchased. It is the only lot that has never been purchased, and it is the opinion of staff that the plat restriction causes disinterest. It is the recommendation of staff to direct City Attorney McArdle to apply to the courts for a Sale in Error and assign a $1 assessment to the beach lot in question. October 1 , 1997 Page 10 Motion by McClatchey, seconded by Glab, to direct and authorize the City Clerk/Collector's collection of delinquent special assessments as provided by State Statute, and to direct City Attorney McArdle to apply to the courts for the Sale in Error of the private beach lot in McHenry Shores, pursuant to Section 21-310 of the Revenue Act Review and assign a $1 assessment to the lot in question. Voting Aye: Bolger, Glab, McClatchey. Voting Nay: None. Absent: Murgatroyd, Baird. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported he and City Administrator Lobaito had met with Government Public Financing Unit representative Eric Anderson of the Harris Bank. Mr. Anderson noted the City of McHenry's 1990 G.O. Bonds for the construction of the municipal building are callable in the year 2000. Mr. Anderson opined Harris Bank could potentially save the City of McHenry $56,000 if this bond issue were refinanced. Additional information will be provided by City Administrator Lobaito. COMMITTEE REPORTS City Administrator Lobaito reminded Council a Finance Committee Meeting was scheduled for Wednesday, October 8, 1997 at 7:00 p.m. in the Aldermen's Conference Room. Alderman Glab suggested the proposed bond refinancing be reviewed during this Committee Meeting. Council concurred. STAFF REPORTS Director Batt reported the test well drilling program has begun. The first selected site is Richard Adams' property located on Route 120, east of the Fox River. -- Director of Parks and Recreation Merkel reported he will be presenting the Brookside Park grant in Springfield during the third week in October. City Administrator Lobaito reported the illegal sign pickup conducted by the Public Works Streets Division over the weekend was successful. He noted the pickup will be repeated again the weekend of October 4th and 5th. A copy of the Intergovernmental Agreement between the City of McHenry and McHenry County for the maintenance and protection of the high quality wetlands on the Bull Valley Arterial property will be presented for Council review at the next regularly scheduled Council meeting on October 15, 1997. In response to the City of McHenry's Comprehensive Plan Request for Proposals, two firms have bowed out of the process: Associated Planners of Woodstock and Thompson Dyke of Northbrook. Four other proposals will be submitted. Mayor Cuda requested City Administrator Lobaito provide Council with a copy of the letter received from Associated Planners. City Administrator Lobaito, noting his memorandum of September 26, 1997, requested Council approval to advertise for the Director of Community Development position. -- Motion by Glab, seconded by McClatchey, to authorize staff's advertisement for a Community Development Director with a starting salary of $50,000, exempt status. Voting Aye: Bolger, Glab, McClatchey. Voting Nay: None. Absent: Murgatroyd, Baird. Motion carried. October 1 , 1997 Page 11 City Administrator Lobaito stated, in light of this evening's discussion regarding annexation fees for commercial properties, future policy will be to waive all annexation fees for commercially zoned properties. Some discussion followed. It was the consensus of Council not to waive annexation fees for all commercially zoned properties, but to evaluate each proposal on a case-by-case basis. Annexation fees for industrial properties will continue to be waived. NEW BUSINESS Alderman McClatchey reported he had been receiving numerous phone calls -- requesting a stop sign at the intersection of Meadow and Willow Lanes. Some discussion followed regarding the installation of a stop sign at this intersection in 1995. Motion by McClatchey, seconded by Bolger, to direct staff to draft an ordinance creating a stop sign at the intersection of Meadow and Willow Lanes. Voting Aye: Bolger, Glab, McClatchey. Voting Nay: None. Absent: Murgatroyd, Baird. Motion carried. Alderman Glab requested the Police Department be informed of gravel trucks running red lights on Route 120. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn. Voting Aye: Bolger, Glab, McClatchey. Voting Nay: None. Absent: Murgatroyd, Baird. Motion carried. The meeting adjourned at 10:10 p.m. `' MAYOR CITY.CLERK