HomeMy WebLinkAboutMinutes - 08/05/1998 - City Council REGULAR MEETING
AUGUST 5, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, August 5, 1998 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City
Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Chief of Police
Joyce, Director of Community Development Napolitano. Absent: Director of Public
Works Batt, Director of Parks and Recreation Merkel.
Mayor Cuda informed Council Alderman Baird would be participating in this
evening's regularly scheduled Council Meeting through teleconferencing by
speakerphone.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Glab, seconded by Bolger, to approve the Consent Agenda as
follows:
1. Final Pay Request - Joel Kennedy Constructing Company - for East Side
Sanitary Sewer Project: $122,220.95. ;
2. Request from St. Patrick's Church for Temporary Use Permit and Special
Event Liquor License in connection with annual Oktoberfest;
3. List of As-Needed Checks:
GENERAL FUND
CHECK# VENDOR NAME AMOUNT
90106 INSURANCE CLAIMS ACCOUNT $ 2551.55
90107 ROBERT G PETERSEN $ 5484.36
90108 APPLEBEE'S RESTAURANT $ 40.00
90109 BIMBO'S RESTAURANT $ 40.00
90110 KEITH ELY $ 178.94
90111 HEALTH PLAN MANAGEMENT $ 10862.24
90112 ILLINOIS MUNICIPAL $ 30467.13
90113 MCHENRY COUNTY MUNICIPAL $ 3308.00
90114 NCPERS GROUP LIFE INS $ 177.00
90115 COPY EXPRESS $ 1615.61
90116 NANCY WILLIAMSON $ 1001.00
90117 HARDT, MATT $ 24.00
90118 IPRA $ 800.00
90119 LEISURE PURSUIT INC $ 300.00
90120 ROSSMANN, BRIAN $ 12.00
90121 SECRETARY OF STATE $ 10.00
90122 UNITED WAY $ 413 .00
90123 PAYROLL ACCOUNT $ 143363.52
90124 CLERK OF THE CIRCUIT $ 110.00
90125 LYDIA S MEYER, TRUSTEE $ 378.46
90126 FLEX TRUST ACCOUNT $ 1804.25
90127 ICMA RETIREMENT TRUST-457 $ 4794.05
90128 NACO CLEARING ACCOUNT $ 698.46
90129 ILLINOIS DEPT OF REVENUE $ 5807.55
90130 POLICE PENSION FUND $ 5399.85
90131 MCHENRY COUNTY CLERK $ 10.00
90132 TEAMSTERS LOCAL 301 $ 2796.00
90133 DOMINOS PIZZA $ 48.00
90134 MCHENRY COUNTY CLERK $ 10.00
90135 POLICE PENSION FUND $ 2209.19
90136 MCHENRY PUBLIC LIBRARY $ 1273.62
90138 AMA/KEYE PRODUCTIVITY $ 70.65
90139 INSURANCE CLAIMS ACCOUNT $ 1449.59
90140 ELM ST DESIGN $ 90.00
90141 FORT DEARBORN LIFE $ 173.83
90142 TODD INTRAVARTOLO $ 300.00
90143 KNIGHTS OF COLUMBUS $ 96.75
90144 MCHENRY COUNTY MUNICIPAL $ 275662.00
90145 PETTY CASH FUND $ 185.89
90146 SEEMUTH, GREG $ 50.00
90148 BARRINGTON TRANSPORTATION $ 248.00
90149 ENTERPRISE $ 99.99
90150 WAGNER, ELLEN $ 236.00
90151 PROJECT ASSESSMENT FUND $ 15000.00
90152 FBI NAA $ 30.00
90153 WEARGUARD $ 274.85
90154 MCHENRY SAVINGS BANK $ 215000.00
90155 INSURANCE CLAIMS ACCOUNT $ 21994.35
90156 FBI NAA $ 150.00
90157 MAGIC WATERS WATERPARK $ 385.00
90158 ILLINOIS STATE POLICE $ 38.00
90159 PAYROLL ACCOUNT $ 142162.72
90160 MCHENRY COMMUNITY HIGH $ 108989.18
90161 MCHENRY COMMUNITY SCHOOL $ 202408.18
August 5 , 1998 Page 2
90162 MCHENRY PUBLIC LIBRARY $ 24552.00
90163 MCHENRY TOWNSHIP FIRE $ 24764.00
90164 RETAINED PERSONNEL ESCROW $ 250.00
90165 POLICE PENSION FUND $ 26872.55
90166 WATER/SEWER FUND $ 3360.00
90167 CAPITAL DEVELOPMENT $ 17655.00
90168 CLERK OF THE CIRCUIT $ 110.00
90169 LYDIA S MEYER, TRUSTEE $ 378.46
90170 INTERNAL REVENUE SERVICE $ 150.00
90171 FLEX TRUST ACCOUNT $ 1804.25
90172 ICMA RETIREMENT TRUST-457 $ 4794.05
90173 NACO CLEARING ACCOUNT $ 698.46
90174 ILLINOIS DEPT OF REVENUE $ 5754.29
90175 POLICE PENSION FUND $ 5412.09
90176 SEBASTIAN, K $ 50.00
90177 FIRST NAT'L BANK OF MCH $ 125000.00
90502 AFLAC $ 1403 .70
90503 AMERICAN PLANNING ASSOC $ 20.00
90504 SECRETARY OF STATE $ 10.00
90505 INSURANCE CLAIMS ACCOUNT $ 5213.80
90506 CAPITAL DEVELOPMENT $ 5261.00
90507 WATER/SEWER FUND $ 1120.00
90508 RHOTON, DONNA $ 10.00
90509 ILLINOIS MUNICIPAL $ 30536.48
Report Totals 1496262.89
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14469 RETIREMENT FUND $ 10208.33
14470 POSTMASTER MCHENRY IL $ 1050.74
14471 GENERAL FUND $ 25771.97
14472 REICHERT CHEVROLET $ 2033 .83
14473 HOME STATE BANK $ 400000.00
14474 PETTY CASH FUND $ 6.87
14475 GENERAL FUND $ 10350.00
14476 EMPLOYEE INSURANCE $ 7043.00
14477 FIRST MIDWEST BANK $ 100000.00
14478 GENERAL FUND $ 27070.09
14479 GENERAL FUND $ 225000.00
14536 POSTMASTER MCHENRY IL $ 195.84
Report Totals 808730.67
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. -
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR PARKING VARIANCE - DICK BUCHERT, 4003 WEST MAIN STREET
Petitioner Dick Buchert and his architect Kenneth Schaefer were in attendance.
Mr. Buchert addressed Council requesting a variance from the parking requirements
of the City of McHenry Zoning Ordinance to permit the redevelopment of 4003 West
Main Street as a hotel, with less than the required number of parking spaces. The
City of McHenry Zoning Ordinance requires a minimum of one parking space per unit
for hotels. Mr. Buchert's original proposal was for a variance from the Zoning
Ordinance Parking Requirements to permit a 33-unit hotel with only 21 parking spaces.
The Zoning Board of Appeals unanimously denied Mr. Buchert's request citing the
need for a variance was being created by the Petitioner. Mr. Buchert has
subsequently submitted a revised proposal for Council consideration. The revised
proposal consists of remodeling the existing 4,200 square foot building located at
4003 West Main Street and constructing a 2,700 square foot addition with an English
basement. The existing building would contain 14 units and the addition would
contain 16 units. Each unit would be a one bedroom efficiency unit with a bathroom,
small refrigerator, and microwave. The variance request before Council this evening ._
is to permit the redevelopment of 4003 West Main Street and the construction of a
2,700 square foot addition with an English basement as a 30-unit hotel with only 27
parking spaces, three spaces less than the City of McHenry Zoning Ordinance
requirement.
In response to Council inquiry, Staff noted the subject property is zoned C-5
and is located on Main Street south of the Grand Prix Car Wash and north of Ferrell
Gas Inc., the propane dealership. The Metra train station is located to the west of the
subject property and the 22-unit McHenry Depot Hotel, owned by the Petitioner, is
located directly east. Mr. Buchert stated, as his tenants generally do not own cars,
the revised plan providing 27 parking spaces would be more than adequate. Alderman
Bolger, noting the current poor condition of the existing building located at 4003 West
Main Street, supported Mr. Buchert's request for a variance. He noted the
August 5, 1998 Page 3
successful renovation of other City properties owned by Mr. Buchert. Aldermen Glab
and Murgatroyd also stated their support for the variance. In response to Alderman
Murgatroyd's inquiry regarding the lack of a rezoning request by the Petitioner to a C-4
Zoning Classification, City Administrator Lobaito stated the C-4 Zoning District does
not require off-street parking spaces. City Administrator Lobaito noted the C-4 Zoning
Classification was developed in conjunction with the City of McHenry's update and
revision of the Zoning Ordinance. The C-4 Zoning Classification identified and
legalized non-conforming zoning areas located in the City's downtown area. It has
been past Council's policy not to extend the C-4 Zoning Classification District.
Alderman Baird recommended the Petitioner consider reducing the number of hotel
units, eliminating the need for a zoning variance.
Mayor Cuda, citing the Council's recent parking lot development expenditure
to alleviate parking constraints in this area, cautioned Council to consider this variance
request carefully. Architect Kenneth Schaefer challenged Staff's contention the
Petitioner had created his own hardship. He noted the lot's physical limitations, as
well as the placement of the existing building.
Motion by McClatchey, seconded by Bolger, to acknowledge the Zoning Board
of Appeals unanimous negative recommendation, and grant a variance from the City
of McHenry Zoning Ordinance parking requirements to permit the redevelopment of
a 30-unit hotel with 27 parking spaces at 4003 West Main Street.
Voting Aye: Bolger, Glab, McClatchey.
Voting Nay: Murgatroyd, Baird.
Absent: None.
Motion failed.
DRAFT FRANCHISE AGREEMENT - TCI
City Administrator Lobaito summarized the most notable sections of the cable
television franchise draft agreement as follows:
1 . Definition of "Gross Revenues" has been expanded greatly to clarify precisely
what revenue is included in the calculation of the franchise fee paid to the City.
2. Grantee shall reimburse the City all costs associated with the renewal of the
Franchise Agreement.
3. Franchise fee of 5% of the Gross Revenues of the grantee to be paid to the City
on a quarterly basis. Penalties will be imposed for late payments.
4. Requires Grantee to maintain full-time local agent and regional office within
McHenry County.
5. Provides for extension of cable service to unserviced areas of the City within
60 days of execution of the Agreement.
6. Grantee to provide local customer service telephone lines twenty-four hours per
day, seven days per week. Also establishes standard for customer services
telephone response.
7. Establishes service call scheduling standard.
8. Subscriber credit for service interruptions.
9. Provides for the Grantee to establish a complaint procedure for resolving
subscribers' complaints. Requires Grantee to respond within ten (10) calendar
days. If subscriber is not satisfied, subscriber is entitled to file a complaint with
the City. Remedies for violations are also established.
10. Establishes late payment fee to the Grantee of $1 .00 in any one month and
only after 30 day delinquency.
11 . Establishes form for subscriber refunds.
August 5, 1998 Page 4
12. Provides for restoration work on service installation or repairs to begin within
seven (7) days after completion of restoration or repair work, subject to
weather conditions.
13. Forty-eight hour notice of construction required to residents prior to beginning
work on private property.
14. Provides for specific fines for Grantee's failure to perform under certain
circumstances.
15. City reserves the right to assure rate regulatory powers if the federal laws
change.
16. Although not specifically stated in the Agreement, exhibits will be attached that
provide for free service drops to schools and units of government listed.
Grantee shall also provide the internal wiring and pay installation cost where
necessary.
17. Requires Grantee to retain trained personnel for recording municipal meetings
which government unit requests.
18. Provides for a security deposit from which the City may draw for the Grantee's
failure to perform.
19. Provides for free Internet access and any software and hardware necessary to
be connected to the Internet or world-wide web.
20. Term of the Agreement is for five years and may be extended by City Council
Resolution for an indeterminate number of months.
He noted the first negotiation session between TCI Cablevision of Northern
Illinois representatives and representatives of the McHenry, Johnsburg, Woodstock
Consortium is scheduled for Monday, August 24th. In response to Council inquiry,
City Administrator Lobaito noted the cable revenue audit was still in progress. He
cited the difficulty in obtaining necessary paper work from the cable television's home
office.
In response to specific Council inquiry, City Administrator Lobaito noted the
cable television franchise agreement provides for the following:
• Monetary recourse in the event of poor service and/or performance.
• A specific grievance procedure for dealing with subscriber complaints.
• Establishment of a maximum $1 late fee after a 30-day payment
delinquency.
In response to Mayor Cuda's comments regarding the discrepancy between
communities of programming availability, language shall be included in the City of
McHenry proposed cable television franchise draft agreement requiring cable channel
comparability with other McHenry County communities serviced by TO Cable of
Northern Illinois. Alderman Glab also requested language be included requiring a
response by TO Cable of Northern Illinois within a seven day period to all potential
customer requests for cable programming. In addition, Alderman Glab requested
additional language in Paragraph Q on page 29, clarifying the payment restitution time
frame by TCI Cable of Northern Illinois to property owners who may effectuate repairs
or restoration caused by TO Cable of Northern Illinois. Language regarding the
removal of above-ground abandoned lines and equipment shall also be included in the
revised cable television franchise draft agreement.
Some discussion followed regarding the complaint process outlined in the
proposed franchise agreement. Alderman Baird opined the burden of complaint record
keeping appeared to be placed on the municipality. Alderman Baird suggested an
advisory board be created made up of TCI Cable of Northern Illinois representatives
and residents of the community to review complaints and determine appropriate
August 5, 1998 Page 5
restitution and/or resolution. City Administrator Lobaito stated Council will be kept
apprised of on-going negotiations.
JOB DESCRIPTION AND AUTHORIZATION TO ADVERTISE FOR. POSITION OF
ASSISTANT ADMINISTRATOR
City Administrator Lobaito stated as per Council direction at the July 8, 1998
regularly scheduled meeting, the job description for the position of Assistant
Administrator had been revised to require public finance qualifications and to include
more definitive financial responsibilities. City Administrator Lobaito requested Council
approve the job description as revised and authorize Staff to advertise for the position.
Some discussion followed. Alderman Bolger requested additional language elaborating
the responsibilities outlined in Item #8 dealing with grant writing and acquisition. In
response to Council inquiry, City Administrator Lobaito noted the position is classified
as regular full time exempt. Further discussion followed.
It was the consensus of Council to seek a qualified applicant with some years
of experience, not a recent school graduate. In response to Alderman Murgatroyd's
inquiry regarding the interview process, City Administrator Lobaito noted no specific
procedure had been developed as yet. Council was encouraged to contact either City
Administrator Lobaito or Mayor Cuda with suggestions and/or recommendations.
Motion by McClatchey, seconded by Murgatroyd, to approve the job description
as revised for the Assistant Administrator and authorized Staff to advertise for the
Assistant Administrator position.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported the revised Village of Johnsburg/City of McHenry Border
Agreement will be distributed for Council review in Friday's Agenda Packet. If there
are no further comments and/or concerns, the Agreement will be presented to Council
for consideration and action. If, however, further negotiation needs to be addressed,
a tentative meeting with Village of Johnsburg representatives has been scheduled for
Wednesday, August 12, 1998. Mayor Cuda also noted the Final Annexation
Agreement and Ordinances for the Adams Annexation were not available for
distribution for this evening's meeting, and will be presented for Council approval and
action at the August 12, 1998 regularly scheduled Council Meeting. Mayor Cuda
reminded Council of the Ad Hoc Committee on Development Meeting scheduled for
tomorrow morning at 7:30 a.m. in the Aldermen's Conference Room.
COMMITTEE REPORTS
Community Development Committee Chairman Alderman McClatchey reported
the Committee had met this evening, August 5, 1998, and considered a driveway
width variance request. The request, which received a negative recommendation, will
appear before full Council for consideration at the August 19, 1998 regularly
scheduled Council meeting.
STAFF REPORTS
_ Director of Community Development Napolitano reported the City of McHenry's
newly amended animal ordinance is currently being reconsidered. He explained a
McHenry County Judge recently overturned an animal nuisance complaint. The action
was based on language similar to the language included in the City of McHenry's
revised ordinance. This language will be amended to correct those concerns raised
by the McHenry County Judge. Director Napolitano also informed Council a building
permit was recently issued to Joe Bono for the construction of his Italian restaurant
in the Inland Business Park.
City Administrator Lobaito reminded Council of the Finance Committee Meeting
scheduled for Tuesday, August 11 , 1998 at 7:00 p.m. The Finance Committee will
August 5, 1998 Page 6
be reviewing the development of a Special Service Area for the Shamrock Lane/Route
31 Traffic Signal Installation and Lane Improvement.
NEW BUSINESS
Mayor Cuda requested any Aldermen interested in serving on the Miller
Memorial Committee contact him.
EXECUTIVE SESSION
Motion by Murgatroyd, seconded by Glab , to go into Executive Session at 8:20
p.m. to discuss Personnel Matters.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:20 p.m.
Motion by Murgatroyd, seconded by Glab, to go back into Open Session at 9:15
p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:15 p.m.
Motion by Murgatroyd, seconded by Bolger, to approve the Department Head
salary increases retroactive to May 1 , 1998 as follows:
Director of Public Works Batt from $68,514 to $70,740
Director of Parks and Recreation Merkel from $58,847 to $60,500
Chief of Police Joyce from $73,527 to $76,835.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None.
Absent: None.
ADJOURNMENT
Motion by McClatchey, seconded by Glab to adjourn the meeting at 9:17 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:17 p.m. ?
l Z
CITY CLERK MAYOR