HomeMy WebLinkAboutMinutes - 12/30/1998 - City Council REGULAR MEETING
DECEMBER 30, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, December 30, 1998 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, Chief of Police Joyce, and Melissa Cooney
representing City Attorney. Absent: Director of Public Works Batt, Director of Parks
and Recreation Merkel, Director of Community Development Napolitano, City Attorney
McArdle.
Prior to the regular Council Agenda, Mayor Cuda recognized and introduced
newly-hired City Employees Utility Billing Clerk Tish Gurrie and Principal Account Clerk
Marianne Kae. Council welcomed the new employees and wished them well in their
new position.
TEN MINUTE PUBLIC INPUT SESSION
Tom Cote and Gary Mang of Union Pacific Railroad Company presented a
plaque of appreciation to Mayor Cuda, Council and the City of McHenry on behalf of
the "For the Children '98" organization. Mr. Cote and Mr. Mang thanked the Council
for the use of Petersen Park and their participation in the handcart races, noting all
proceeds had been donated to Children's Memorial Hospital for the purchase of
medical equipment. They expressed their desire to make the "For the Children"
fundraiser an annual event at Petersen Park and requested Council approval. Council
directed the gentlemen to contact Director of Parks and Recreation Merkel and
proceed with their application.
Judy Gertz of 1718 Leonard Avenue and Glyn Payton of 1720 Leonard Avenue
addressed Council expressing their concern with the apparent lack of police protection
throughout the City of McHenry. Both Ms. Gertz and Mr. Payton informed Council
their homes had been vandalized on numerous occasions and expressed dissatisfaction
with Police response time. Mayor Cuda directed Ms. Gertz and Mr. Payton to contact
Chief of Police Joyce and/or City Administrator Lobaito to seek a resolution to the
problem.
Alderman McClatchey stated his intent to schedule during the New Business
portion of this evening's Council meeting agenda, a Community Development
Committee Meeting to review and amend the City of McHenry's current Municipal
Code Ordinance addressing vandalism.
PUBLIC HEARING: ANNEXATION, 1014 NORTH RIVER ROAD
Mayor Cuda opened the Public Hearing regarding the Annexation of the property
located at 1014 North River Road at 7:35 p.m. He informed Council the Petitioner,
Daniel Adams, had requested a continuation to the January 27, 1999 regularly
scheduled City Council Meeting. Council Concurred.
Motion by Murgatroyd, seconded by Bolger, to continue the Public Hearing
regarding the Annexation of the property located at 1014 North River Road to January
27, 1999.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Alderman Glab requested Staff investigate and inform Council of the previous
vacation of a portion of North Avenue. City Administrator Lobaito concurred.
CONSENT AGENDA
In response to Alderman Murgatroyd's inquiry regarding Rabine Paving payment,
City Inspector Marcinko noted the contractor inadvertently made improvements not
specified in the contract. Payment, however, is being made only on the contractual
improvements.
December 30, 1998 Page 2
Motion by McClatchey, seconded by Murgatroyd, to approve the Consent
Agenda as follows:
■ Request to Connect to City's Alarm Panel - Brake Parts new
addition, Corporate Drive;
■ Payment Request No. 1 - Rabine Paving for Parking Lot
Construction at Wm. H. Althoff Park - $144,106.33;
■ List of As Needed Checks:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
91668 COMED $ 2395.39
91669 EAGLE FOOD CENTER $ 75.00
91670 MCH CTY MUNICIPAL ASSN $ 775.00
91671 NWBOCA $ 30.00
91672 ROBERT G PETERSEN $ 6066.40
91673 PORTER, LORI $ 130.00
91674 UNITED STATES LIFE INSUR. $ 720.90
91675 WATER/SEWER FUND $ 9415.00
91676 CAPITAL DEVELOPMENT $ 71353.00
91677 HEALTH PLAN MANAGEMENT $ 11250.93
91678 MCHENRY POLICE OFFICERS $ 950.00
91679 CARMICHAEL CONSTRUCTION $ 27270.00
91680 INSURANCE CLAIMS ACCOUNT $ 1682.69
91681 ALLIANCE CONTRACTORS INC $ 58113.00
91682 KOCH, MAX $ 35.00
91683 DON SCHATZ $ 150.00
91684 NCPERS GROUP LIFE INS $ 138.00
91685 DOMINICKS $ 435.85
91686 INSURANCE CLAIMS ACCOUNT $ 16845.26
91687 PAYROLL ACCOUNT $ 158356.08
91688 CLERK OF THE CIRCUIT $ 110.00
91689 CLERK OF MCHENRY CIRCUIT $ 61.40
91690 LYDIA S MEYER, TRUSTEE $ 378.46
91691 FLEX TRUST ACCOUNT $ 1678.72
91692 ICMA RETIREMENT TRUST-457 $ 3767.81
91693 NACO CLEARING ACCOUNT $ 712.93
91694 ILLINOIS DEPT OF REVENUE $ 6460.13
91695 POLICE PENSION FUND $ 5444.73
91696 AFLAC $ 1392.22
91697 MOTOR FUEL TAX FUND $ 35000.00
91818 MCHENRY COUNTY RECORDER $ 125.00
91819 MCHENRY COUNTY CHIEFS OF $ 25.00
91820 MCH CTY MUNICIPAL ASSN $ 105.00
91821 ALLIANCE CONTRACTORS INC $ 63969.52
91822 CAMERON, RONALD $ 10.00
91823 POLICE PENSION FUND $ 1014.55
91824 EARTH DEVELOPMENTS INC $ 27625.00
91825 DAN J MARCINKO $ 179.30
91826 MCHENRY PUBLIC LIBRARY $ 584.90
91827 INSURANCE CLAIMS ACCOUNT $ 261.90
91828 MUNICIPAL CLERKS OF $ 35.00
91829 COMMUNITY MEDIA WORKSHOP $ 49.00
91830 ILLINOIS ASSOC OF CHIEFS $ 160.00
91831 TYLER SJOBLOM $ 264.00
Report Totals 515602.07
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14770 POSTMASTER MCHENRY IL $ 176.72
14771 EMPLOYEE INSURANCE $ 6472.50
14772 EMPLOYEE INSURANCE $ 6472.50
14773 GENERAL FUND $ 24574.96
14774 RETIREMENT FUND $ 10208.33
14775 UNITED STATES LIFE INSUR. $ 105.30
14776 GENERAL FUND $ 267.10
14777 JOSEPH J HENDERSON & SON $ 10460.75
14778 FIRST NAT'L BANK OF MCH $ 320000.00
14779 MCHENRY SAVINGS BANK $ 325000.00
14780 GENERAL FUND $ 25274.13
14818 MCHENRY COUNTY RECORDER $ 60.00
14819 MCHENRY COUNTY RECORDER $ 20.00
Report Totals 729092.29
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
REQUEST FOR VARIANCE - 5010 WEST ELM STREET --
Petitioners Attorney Colin and Anna MacMeekin were in attendance. Mr.
MacMeekin addressed Council stating he was seeking a variance to permit more than
one principal building on a zoned lot. He provided Council with a brief historical
summary of the purchase of his property, and stated his opposition to Staff's
recommendation regarding limiting the variance to Professional Office Use only. Staff
informed Council the subject property is zoned C5 Highway Commercial and has a
1 ,000 square foot house and a 1 ,768 square foot accessory building/detached garage.
Mr MacMeekin has expressed his intent to expand the office space located in the
detached garage to accommodate his law practice, while continuing to lease the house
as a residential dwelling.
December 30, 1998 Page 3
The site does not comply with current City of McHenry Zoning Ordinance
requirements as the previous owner illegally converted the detached garage to an
office. The expansion of the office space is not permitted until either:
■ The property is brought into conformance with the Zoning Ordinance by the
elimination of one of the two principal uses; or
■ A variance is granted to permit two principal uses on the zoned lot.
In addition, the detached garage was constructed under the setback guidelines
for accessory structures which are less restrictive than those for a principal structure.
Therefore, side and rear yard setback variances have been requested to bring the
-- property into compliance. Although the Zoning Board of Appeals at its December 7,
1998 meeting recommended approval of the variance to permit more than one
principal use on a zoned lot, the Zoning Board did not recommend approval of the
setback variances as requested. Therefore, the detached garage would be considered
legally non-conforming and would be required to meet all setback requirements for a
principal building should it ever be expanded or replaced. A lengthy discussion
ensued.
In response to Alderman Murgatroyd's inquiry, Petitioner MacMeekin stated he
could seek remedy from the previous owner as the previous owner had represented
no zoning violations existed on the premises. Mr. MacMeekin respectfully requested
Council approve his request for a variance citing his plans to improve aesthetically
both the site as a whole and his right to utilize the property pursuant to its existing C5
zoning. He opined the existing residential unit should be permitted as a pre-existing
non-conformity.
Further discussion followed. In response to Alderman Murgatroyd's inquiry,
City Administrator Lobaito stated restrictions placed on the accessory building in
conjunction with the granting of the variance will be immediately removed if the
residential property is removed.
Motion by McClatchey, seconded by Bolger, to accept the recommendation of
the Zoning Board of Appeals, and to direct Staff to draft an ordinance granting a
variance to permit the conversion of an accessory building to offices at 5010 West
Elm Street.
Voting Aye: Bolger, McClatchey.
Voting Nay: Glab, Murgatroyd, Cuda.
Absent: Baird.
Motion failed.
Motion by Glab, seconded by Murgatroyd, to accept the recommendation of the
Zoning Board of Appeals, and to direct Staff to draft an ordinance granting a variance
to permit the conversion of an accessory building to offices at 5010 West Elm Street,
subject to the following conditions:
■ The converted structure uses are limited to those Permitted Uses listed in the
0-1 and 0-2 Office District; and
■ The converted structure use shall be permitted for a maximum of five (5) years,
and at expiration, Council approval for extension shall be necessary.
Voting Aye: Bolger, Glab.
Voting Nay: McClatchey, Murgatroyd, Cuda.
Absent: Baird.
Motion failed.
Motion by Murgatroyd, seconded by McClatchey, to accept the
recommendation of the Zoning Board of Appeals, and to direct Staff to draft an
ordinance granting a variance to permit the conversion of an accessory building to
offices at 5010 West Elm Street, subject to the following conditions:
■ The use of the converted structure be limited to permitted uses in the 0-1 and
0-2 Zoning Districts;
December 30, 1998 Page 4
■ Conditional Uses allowed in the 0-1 and 0-2 Zoning Districts shall not be
permitted;
■ The variance and use limitation of the converted structure shall remain in effect
until and unless the residential use is discontinued and/or removed.
Voting Aye: Bolger, McClatchey, Murgatroyd.
Voting Nay: Glab.
Absent: Baird.
Motion carried.
DESIGNATION OF AMCORE BANK AS CITY'S DEPOSITORY
Mr. Andrew Hartlieb, President of Amcore Bank, and Mr. Greg Rice, Vice
President of Amcore Bank and McHenry Branch Manager, were in attendance. City
Administrator Lobaito informed Council as per direction, Staff sought proposals from
local banking institutions for the City of McHenry's general banking services. Nine
banks submitted proposals for consideration, and, after interviews, four were selected
to present their proposals to the Finance Committee. The Finance Committee at its
December 9, 1998 Committee Meeting unanimously recommended Amcore Bank, N.A.
be designated the City of McHenry Municipal Depository and Financial Institution.
In response to Staff's request, Amcore Bank, N.A. has submitted a Letter of
Understanding enumerating the specifics of their proposal, in addition to all other
banking services to be provided. Amcore Bank, N.A. will remain the City of
McHenry's designated Bank Depository until such time Council designates another
financial institution.
It is Staff's recommendation to request banking service proposals from local
financial institutions on a four-year cycle. The four-year cycle would be somewhat
concurrent with the Mayoral Terms of Office.
Motion by Murgatroyd, seconded by Bolger, to accept the recommendation of
the Finance Committee, and to designate Amcore Bank, N.A. Northwest as the City
of McHenry's official Municipal Depository and Financial Institution.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
City Administrator Lobaito informed Council full conversion is anticipated by
January 31 , 1999.
PURCHASE OF REPLACEMENT PARTS AT CENTRAL WASTEWATER TREATMENT
PLANT FROM AUTOMATIC CONTROL SERVICES IN THE AMOUNT OF $10,445.00
Mayor Cuda recognized Wastewater Treatment Plant Supervisor Gene Hester
and City Inspector Dan Marcinko in the audience. City Administrator Lobaito
explained as the Central Wastewater Treatment Plant had been constructed in 1970,
parts for repair and maintenance are nearly impossible to obtain. The 1998-1999
Budget reflects $50,000 for the design and preparation of bidding documents for the
upgrade and/or replacement of this control system. Searching for parts, Wastewater
Water Treatment Division Superintendent Gene Hester located two contractors who
submitted proposals to replace the raw sewage pump control system. Automatic
Control Services of Roselle, Illinois, was the low bidder in the amount of $10,445.
Citing the technical nature of this replacement, it is Staff's recommendation to waive
bid requirements and award a contract for the replacement of the City of McHenry's
Central Wastewater Treatment Plant raw sewage pump control system to Automatic
Control Services in an amount not-to-exceed $10,445.
December 30, 1998 Page 5
Motion by Glab, seconded by Bolger, to waive bid requirements, and to award
a contract for the replacement of the Central Wastewater Treatment Plant's raw
sewage pump control system to Automatic Control Services of Roselle, Illinois, in an
amount not-to-exceed $10,445.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
INTERGOVERNMENTAL AGREEMENT WITH MCHENRY TOWNSHIP ROAD DISTRICT
Mayor Cuda informed Council at the request of City Attorney McArdle, this item
will be deferred until the January 20, 1999 regularly scheduled Council meeting.
1999 CONTRACT RENEWAL - PACE/DIAL-A-RIDE
The City of McHenry has entered into an annual agreement with PACE, the
suburban bus division of the Regional Transportation Authority, offering a curb-to-curb
dial-a-ride program. Although fares are charged:
Full Fare $1 .75
Reduced Fare $ .75
the program is subsidized by PACE at 75% and the participating municipality at 25%.
Revenues for 1999 are estimated at $17,055 with the City subsidy amount estimated
at $43,543. In addition, City Administrator Lobaito reminded Council the 1998
subsidy percentages were 72% by PACE and 28% by participating municipalities, due
to the loss of federal funding dollars. The PACE Board has recently decided to amend
the 1998 agreement and revert the subsidy percentages back to 75% by PACE and
25% by the participating municipality. Council must approve the amendment and
authorize the Mayor's execution of same. If approved, this amendment will result in
a 3%/month savings to the City of McHenry, which shall be reflected on October's
billing statement.
In response to Alderman Murgatroyd's inquiry, City Administrator Lobaito stated
subsidy amounts are based on actual ridership.
Motion by Murgatroyd, seconded by Bolger,to approve and authorize the Mayor
and City Clerk's execution of the 1999 PACE Paratransit Local Share Agreement as
presented with a 25% subsidy amount of approximately $43,543 by the City of
McHenry.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Motion by Murgatroyd, seconded by McClatchey, to approve and authorize the
Mayor's execution of Amendment No. 1 to the 1998 PACE Paratransit Local Share
Agreement amending Section 4, Local Share Funding for the PACE contribution,
deleting 72% and inserting 75%.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda informed Council he and City Administrator Lobaito had met with
Paul Pacini and his land planner, Gregg Gabel. Mr. Pacini has expressed his interest
in proceeding with the development of his property located west of State Route 31
and South of the McHenry Corporate Center. He would like to proceed with the land
plan substantially the same as the one he presented to Council last year. The plan
proposes approximately 75% Business Park Zoning with C5 Commercial Zoning along
State Route 31 , and a multi-family development adjacent north of this commercial
December 30, 198 Page 6
zoning. Development of this property would, in addition, facilitate the dedication of
property to McHenry County for the West McHenry Bypass Corridor. In response to
Alderman Glab's request, City Administrator Lobaito stated copies of this proposal will
be presented to Council as part of the Executive Review Process.
Mayor Cuda also reported he and City Administrator Lobaito had met with City
engineering firm Baxter and Woodman representatives Carl Moon and Larry Thomas
to discuss options in lieu of the Gerstad's offer to extend City water services east of
the river. Mr. Moon has opined east of the river water extension costs would be less
expensive than the sewer extension recently completed by the City of McHenry.
Alternative options including cost analysis will be provided Council by approximately
the end of January, 1999. This extension will also include suggested placement for
a water tower.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
City Administrator Lobaito, referencing his memo of December 30, 1998,
regarding McCullom Lake Road, informed Council John Smith, President and Owner
of Smith Engineering, recommended Council consider applying for funding through the
McHenry County Council of Mayors for intersection improvements of State Route 31
and McCullom Lake Road. Mr. Smith has submitted for Council consideration a
proposal in an amount not-to-exceed $3,925 for the completion and submittal of the
Council of Mayors Funding Application. The Application deadline is March, 1999.
Some discussion followed. City Administrator Lobaito, in response to Council inquiry,
noted McCullom Lake Road is failing. Funding through the Council of Mayors is 80%
federal funds with a 20% funding by the participating municipality. Monies are -^
available only for the construction portion of projects. Engineering is not eligible for
reimbursement. If the McCullom Lake Road/State Route 31 Project is approved, funds
will not be available for approximately five years. This schedule is tentative and
subject to amendment. It is the recommendation of Staff to approve Mr. Smith's
proposal, and to approve and authorize the Mayor's execution of the Smith
Engineering Proposal and to proceed with the Application for McHenry County Council
of Mayors Funds for the improvement of McCullom Lake Road and to improve the
intersection of State Route 31 and McCullom Lake Road.
In response to Alderman Glab's inquiry, City Administrator Lobaito noted
contrary to the provided sketch, the McCullom Lake Road improvements extend
northwesterly to the Union Pacific Railroad Tracks. Some discussion followed
regarding the feasibility and desirability of cost-sharing with other affected
municipalities and property owners.
Motion by Murgatroyd, seconded by Bolger, to approve and authorize the
Mayor's execution of the Smith Engineering Proposal to complete and submit an
Application to the McHenry County Council of Mayors for funding of McCullom Lake
Road improvements and the improvement of the intersection of State Route 31 and
McCullom Lake Road in an amount not-to-exceed $3,925.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Referencing the Chief of Police Job Description previously distributed for
Council consideration, City Administrator Lobaito requested Council comment and
approval of the description as presented. Some discussion followed regarding the
qualifications section, specifically, the years of supervisory experience required. It
was the consensus of Council to state "four years supervisory experience is strongly
preferred". In addition, it was the consensus of Council to strike "City Administrator"
under Number 1 of the Job Responsibilities.
December 30, 1998 Page 7
City Clerk Althoff distributed invitations to the corporate authorities from
McHenry Township for their first annual Winterfest scheduled for the weekend of
January 16th.
NEW BUSINESS
Community Development Committee Chairman Alderman McClatchey scheduled
a Community Development Committee Meeting for Wednesday, January 20, 1999 at
7:00 p.m. to discuss amending Section 14-32, Vandalism, of the City of McHenry
Municipal Code.
EXECUTIVE SESSION
Motion by Glab, seconded by Murgatroyd, to go into Executive Session to
discuss Personnel and Property Acquisition at 9:24 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Council went into Executive Session at 9:24 p.m.
Motion by McClatchey, seconded by Bolger, to go back into Open Session at
9:42 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Council went back into Open Session at 9:42 p.m.
Motion by Murgatroyd, seconded by Glab, to approve the hiring of Barbara Ann
Goduto, as Telecommunications Operator at Grade 7, Step 1 , with a starting salary
of $27,031 , effective January 18, 1999, contingent upon successful completion of
a pre-employment physical.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:45 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
The Meeting was adjourned at 9:45 p.m.
CIT CLERK ��` � I MAYOR