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Home My WebLink AboutMinutes - 04/29/1998 - City Council REGULAR MEETING APRIL 29, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, April 29, 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd. Alderman Baird arrived at 7:53 p.m. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Parks and Recreation Merkel, Director of Public Works Batt, Director of Community Development Napolitano. Absent: Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION City of McHenry Landmark Commission member Maria Arza addressed Council requesting the speedy consideration and adoption of the proposed Historic Preservation Ordinance. She expressed the Landmark Commission's hope the proposed Ordinance had not been significantly altered. Mayor Cuda stated consideration of the proposed Historic Preservation Ordinance is scheduled for the May 20, 1998 regularly scheduled Council Meeting. A copy of the revised Ordinance will be provided to Landmark Commission Members prior to their Tuesday, May 5, 1998 regular Commission meeting. In response to Alderman Glab's inquiry, City Administrator Lobaito stated the original proposed ordinance, in addition to the proposed revisions, will be presented for Council review. City Administrator Lobaito requested an Executive Session be added to this evening's Agenda to discuss possible litigation. Council Concurred. CONSENT AGENDA Alderman Murgatroyd referencing the beer/picnic permits requested Staff investigate the requirements and procedures for beer and picnic permits of other surrounding municipalities within McHenry County. Council concurred. Alderman Murgatroyd also inquired if the City of McHenry has ever initiated or initiates on a regular basis the per day penalty charges for contractual non-compliance of the stated completion date. Director of Public Works Batt stated the City of McHenry enforces on a regular basis the per day penalty charges whether for non- compliance within the stipulated time frame or general non-compliance of the stated contractual requirements. Motion by Glab, seconded by Bolger to approve the Consent Agenda as follows: 1. April 15, 1998 Regular City Council Meeting Minutes; 2. Picnic/Beer Permits; 3. Payment #9 to Joel Kennedy Constructing Corporation in the amount of $99,409.06 for the Eastside Sanitary Sewer Project; 4. List of As-Needed Checks: GENERAL FUND: CHECK# VENDOR NAME AMOUNT 89182 MOTOR FUEL TAX FUND $ 375000.00 89183 PETTY CASH FUND $ 200.00 89164 ILLINOIS STATE POLICE $ 38.00 89185 ILLINOIS STATE POLICE $ 38.00 89186 LOMBARD, VILLAGE OF $ 80.00 89187 PROJECT ASSESSMENT FUND $ 25000.00 89188 BOND AND INTEREST $ 500000.00 89189 WATER/SEWER FUND $ 200000.00 89190 WEYDE, WILLIAM S AND $ 516.25 89191 INSURANCE CLAIMS ACCOUNT $ 12122.32 89301 HOME STATE BANK $ 500000.00 89302 FIRST NAT'L BANK OF MCH $ 200000.00 89303 FIRST NAT'L BANK OF MCH $ 200000.00 89304 ILLINOIS STATE POLICE $ 38.00 89305 CENTEGRA OCCUPATIONAL $ 142.00 89306 PAYROLL ACCOUNT $ 119770.59 89307 ILLINOIS STATE POLICE $ 38.00 89308 MCHENRY COMMUNITY HIGH $ 347.00 89309 SECRETARY OF STATE $ 5.00 89310 CLERK OF THE CIRCUIT $ 110.00 89311 INTERNAL REVENUE SERVICE $ 150.00 89312 FLEX TRUST ACCOUNT $ 1810.01 89313 ICMA RETIREMENT TRUST-457 $ 4700.12 89314 NACO CLEARING ACCOUNT $ 863 .46 April 29, 1998 Page 2 89315 ILLINOIS DEPT OF REVENUE $ 4977.96 89316 POLICE PENSION FUND $ 5320.45 89317 FORT DEARBORN LIFE $ 173.83 89318 WATER/SEWER FUND $ 5350.00 89319 CAPITAL DEVELOPMENT $ 31775.00 89320 POSTMASTER MCHENRY IL $ 1626.47 89321 JOAN LUNSMAN $ 15.00 89322 TEAMSTERS LOCAL 301 $ 90.00 89323 MCHENRY COMMUNITY HIGH $ 32.50 89324 SECRETARY OF STATE $ 10.00 89410 SECRETARY OF STATE $ 21.00 Report Totals 2190360.96 WATER SEWER FUND: --� CHECK# VENDOR NAME AMOUNT 14296 AMERICAN NATIONAL BANK & $ 90025.00 14297 AMERICAN NATIONAL BANK & $ 492900.00 14298 AMERICAN NATIONAL BANK & $ 240625.00 14328 GENERAL FUND $ 23781.87 14329 FIRST NAT'L BANK OF MCH $ 700000.00 14330 FIRST MIDWEST BANK $ 325000.00 Report Totals 1872331.87 5. List of Bills (last of Fiscal Year 1997-98) : GENERAL FUND: CHECK# VENDOR NAME AMOUNT 89422 BATTERY NETWORK INC $ 38.95 89423 BONCOSKY OIL COMPANY $ 1004.34 89424 BSN SPORTS $ 158.04 89425 SUSAN CHRISTENSEN $ 158.68 89426 JOHN DEBOER ENTERPRISES $ 438.00 89427 DIVISION OF MGMT SERVICES $ 60.00 89428 DISCOUNT DISTRIBUTORS $ 225.00 89429 FDC CORPORATION $ 333 .66 89430 FIRST MIDWEST BANK $ 317.76 89431 FLOWERWOOD $ 245.00 89432 FOXCROFT MEADOWS INC $ 85.50 89433 GREAT LAKES FIRE AND $ 31.00 89434 ICI PAINTS $ 2730.00 89435 IDEAL UNIFORM SERVICE $ 107.55 89436 JONES COACH TRAVEL $ 320.00 89437 KAR PRODUCTS $ 174.44 89438 K-MART STORES $ 49.98 89439 GARY LANG CHEVROLET INC $ 30.00 89440 LOCKER'S FLOWERS $ 21.00 89441 LORENE MARCINEK $ 38.75 89442 GARY MERTZ $ 121.36 89443 MT TOP $ 1504.00 89444 MCI TELECOMMUNICATIONS $ 222 .87 89445 MCMASTER-CARR SUPPLY CO $ 24.56 89446 NORTHEASTERN ILLINOIS $ 6871.57 89447 P F PETTIBONE & CO $ 38.95 89448 ROCKFORD INDUSTRIAL $ 13 .20 89449 SECRETARY OF STATE $ 12.00 89450 TRAFFIC CONTROL & $ 340.00 89451 UNITED LABORATORIES $ 253.21 89452 UNITED PARCEL SERVICE $ 33.54 89453 U S FILTER LAKE BLUFF $ 296.50 89454 WAL-MART STORES INC $ 154.69 89455 WEARGUARD $ 572.30 89456 ZUKOWSKI ROGERS FLOOD & $ 2512.50 89457 HOFFMAN ESTATES, $ 11.00 Report Totals 19549.90 WATER SEWER FUND: CHECK# VENDOR NAME AMOUNT 14346 A G PLUMBING $ 140.00 14347 AQUAPREP $ 4455.00 14348 BADGER METER INC $ 4723 .23 14349 BAXTER & WOODMAN $ 111.00 14350 BONCOSKY OIL COMPANY $ 319.50 14351 CHEMICAL PUMP SALES AND $ 368.10 14352 JEPSEN TIRE ZMT INC $ 35.00 14353 MEYER MATERIAL COMPANY $ 302.67 14354 MCHENRY ELECTRIC CO INC $ 32.26 14355 MCI TELECOMMUNICATIONS $ 13.92 14356 NICOR GAS $ 178.02 14357 PRECISION AUTOMOTIVE $ 192.91 14358 WOODLAND RECYCLING & $ 4182.75 Report Totals 15054.36 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. April 29, 1998 Page 3 TOBACCO ORDINANCE Community Development Committee Chairperson Alderman McClatchey noted the Community Development Committee had reviewed the proposed Tobacco Ordinance during their committee meeting just prior to this evening's regularly scheduled Council Meeting. Staff had requested direction with regard to penalties for ordinance violations, specifically for persons under the age of eighteen who violate the ordinance by purchasing, selling or possessing tobacco products. It was the Committee's recommendation to require the following penalties: • For minors possessing, purchasing or providing tobacco products to other minors: • $50 for the first offense; • $50 for the second offense; • A court appearance for the third offense. • For retailers: • $100 for the first offense; • $200 for the second offense; • $300 and a thirty day license suspension for the third offense; • A six month license suspension for the fourth offense. Alderman Murgatroyd also suggested the inclusion of language of requiring state notification of all retailer violations. In addition the following language modifications were recommended: • Addition of the following two paragraphs: "Enforcement by School District Personnel. The following appointed officials of any public school shall have the authority to sign all complaints and charge all violators of this Section that take place on school property: Principal, Assistant Principal, and Dean of Students. "Responsibility for Agents and Employees. Any act or omission constituting a violation of any provision of this Section by any officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as it such act or omission has been done or omitted by the licensee personally." • Deletion of the second paragraph of Section 14-37(c)(6) addressing vending machines locking devices. Some discussion followed. Alderman McClatchey noted no apparent problem existing with City retailers. The ordinance will, however, help reduce the number of underage smokers. City Administrator Lobaito stated upon passage the ordinance will be enforceable within ten days. Warning tickets will be issued to violators within this ten-day period. The Community Development Committee unanimously recommended approval of the proposed tobacco ordinance, subject to the additions and deletions as presented to full Council this evening. City Administrator Lobaito was directed to contact high school administrators summarizing the provisions of the ordinance, and upon revision, providing a copy of the ordinance as approved. Motion by McClatchey, seconded by Glab, to accept the unanimous recommendation of the Community Development Committee and pass the tobacco ordinance as presented subject to the following additions, corrections and/or changes: • Penalties for minors possessing, purchasing or providing tobacco products to other minors: • $50 for the first offense; • $50 for the second offense; • A court appearance for the third offense. • Penalties for retailers: • $100 for the first offense; • $200 for the second offense; • $300 and a thirty day license suspension for the third offense; • A six month license suspension for the fourth offense. April 29, 1998 Page 4 • Addition of the following two paragraphs: "Enforcement by School District Personnel. The following appointed officials of any public school shall have the authority to sign all complaints and charge all violators of this Section that take place on school property: Principal, Assistant Principal, and Dean of Students. "Responsibility for Agents and Employees. Any act or omission constituting a violation of any provision of this Section by any officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as it such act or omission has been done or omitted by the licensee personally." • Addition of the word "associated" in the last full line of the last paragraph of Section 14-37, Number 2, between the words "penalties" and "with". • Deletion of the second paragraph of Section 14-37(c)(6) addressing vending machines locking devices. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: None. Absent: Baird. Motion carried. As per Council request, City Administrator Lobaito will provide Council with a revised copy of the Ordinance in Friday's Agenda packet. AMENDMENTS TO SUBDIVISION CONTROL ORDINANCE - SURETY BONDS City Administrator Lobaito reminded Council direction had been given Staff to draft an Ordinance amending the Subdivision Control Ordinance regarding Surety Bonds. As per Amended State Statute, the City must accept Surety Bonds as a Construction Guarantee for the completion of required public improvements. Alderman Baird arrived at 7:53 p.m. The proposed ordinance includes language that would place minimum rating requirements on firms that issue the surety bonds, as well as language that holds the principal and the surety company liable to reimburse the City of McHenry for any attorney's fees, engineering and consulting fees, and court costs incurred in connection with the enforcement of this ordinance. City Administrator Lobaito explained surety bonds pose an increased risk to the City and possess the potential for substantial legal fees if it becomes necessary for the City of McHenry to demand and draw the guaranteed amount in cases of default. Motion by Bolger, seconded by Glab, to pass and approve an ordinance amending Section V, Paragraphs E-2, E-3 and E-4, of the City of McHenry Subdivision Control Ordinance regarding construction guarantees as presented. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. 1998 MOSQUITO MANAGEMENT CONTRACTS City Administrator Lobaito informed Council the City of McHenry has on an annual basis entered into an intergovernmental agreement with McHenry Township to provide mosquito management services. The Township solicited bids and selected Clarke Environmental Mosquito Management of Roselle, Illinois. The cost to the City of McHenry shall be 50% of the agreement cost for services provided within the corporate boundaries of the City of McHenry, in an amount not-to-exceed $4,450. April 29, 1998 Page 5 This cost reflects an approximate increase of 12%. The increase is due in part to an increase in City of McHenry acreage, as well as to increased costs in the industry for labor and materials. In addition, the City of McHenry has annually entered into a separate agreement with Clarke Environmental Mosquito Management to provide mosquito management services for that part of Nunda Township which falls within the City of McHenry's corporate limits. The proposed cost for these services for Nunda Township is a not- to-exceed amount of $1 ,392. The Clarke Environmental Mosquito Management Agreement for Nunda Township also addresses the availability of adult mosquito management services. These services and treatments are performed on a per *— application basis with the consent of the City's community contact. The City of McHenry has during the 1996 and 1997 seasons utilized the adult mosquito management services for Petersen Park prior to Fiesta Days and Knox Park prior to the Twin Cities/Wisconsin-Chicago AIDS Ride. Motion by McClatchey, seconded by Murgatroyd, to authorize the Mayor's execution of the Intergovernmental Agreement with McHenry Township for mosquito management services for the 1998 season by Clarke Environmental Mosquito Management Inc. in an amount not-to-exceed $4,450; and to enter into an agreement with Clarke Environmental Management Inc.to provide mosquito management services for the 1998 season in that part of Nunda Township falling within the City of McHenry's corporate limits, for a not-to-exceed amount of $1 ,392. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda informed Council he was in receipt of a letter from Village of Johnsburg President David Dominguez. President Dominguez stated a draft of a proposed Intergovernmental Border Agreement between the City of McHenry and the Village of Johnsburg including proposed FPA amendments was being prepared and would be reviewed by the Village of Johnsburg's Committee of the Whole on Tuesday, April 30, 1998. A copy of the proposed draft would then be forwarded to the McHenry City Council for review and comment. Some discussion followed. It was the consensus of Council to oppose any Village of Johnsburg FPA amendment petition unless an Intergovernmental Border Agreement between the City of McHenry and the Village of Johnsburg was in place. City Administrator Lobaito also noted the planners currently addressing the City of McHenry's Comprehensive Plan update were instructed to include all properties currently within the City of McHenry's FPA jurisdiction in their planning process. COMMITTEE REPORTS Finance Committee Chairperson Alderman Murgatroyd reported the Finance Committee had met on Monday, April 27, 1998, completing the 1998-1999 Budget process and recommendation. The proposed 1998-1999 Budget will be presented for full Council consideration and approval at the May 6, 1998 regularly scheduled Council Meeting. Alderman Murgatroyd noted the proposed Budget reflects a General Fund balance surplus of approximately $50,000. Community Development Committee Chairperson Alderman McClatchey reported information had been provided the Community Development Committee addressing animal control restrictions as enforced by surrounding McHenry County municipalities. It was the unanimous recommendation of the Community Development Committee to direct Staff to draft an ordinance amending the City of McHenry's current animal control ordinance. Full Council concurred and City Administrator Lobaito acknowledged the direction. He stated a proposed draft would be provided to Council for review and comment at the first regularly scheduled Council Meeting in June, 1998. April 29, 1998 Page 6 STAFF REPORTS Director of Community Development Napolitano reported the final occupancy permit had been issued to the Irish Prairie condominium unit located at 4306 Shamrock Lane, which experienced major fire damage on October 4, 1997. Director Napolitano reported a second Irish Prairie condominium unit building had experienced a minor fire recently. This fire was apparently started by a bird's nest located on the condominium's balcony. The Comprehensive Plan kick-off meeting with Planning Resources was conducted on Tuesday, April 24, 1998 at 10:00 a.m. The meeting was highly productive and minutes will be provided Council. A windshield drive- through is scheduled for the week of May 4, 1998. Director of Public Works Batt acknowledged the aquatech sewer jet demonstration provided by the Public Works Department Street Division prior to this evening's regularly scheduled Council Meeting. City Administrator Lobaito reported the fourth Thursday of every month had been selected at the regularly scheduled Comprehensive Plan Update Steering Committee Meeting date, beginning on Thursday, May 28, 1998 at 7:30 p.m. The following individuals have agreed to serve on the Comprehensive Plan Update Steering Committee: • Bill Buhrman, Plan Commission • Joe Gausden, EDC • Nancy Fike, Landmark Commission • Don Doherty, Civic leader • Alderman Andrew Glab • Mayor Steven Cuda One additional Alderman and a member from the Zoning Board of Appeals has yet to be determined. NEW BUSINESS Alderman Baird apologized for his late arrival noting he had attended the meeting at Holy Apostles Church with Paul and Lou Pacini and their attorney, Daniel Curran, regarding the proposed twenty acre development known as Kresswood Subdivision. Alderman Baird reported discussion revolved around the desirability of extending Cross Trail to Valley Road. He opined the majority of City residents in attendance opposed the proposed extension. EXECUTIVE SESSION Motion by Murgatroyd, seconded by Glab, to go into Executive Session to discuss possible litigation. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:04 p.m. Motion by Murgatroyd, seconded by Glab, to go back into Open Session at 8:37 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:37 p.m. In response to Alderman Glab's inquiry, City Administrator Lobaito informed Council a written response from the Village of McCullom Lake had been received in response to the City of McHenry's Petition to Deannex property located within the Village of McCullom Lake's corporate boundaries. A copy of this correspondence will be provided Council in their Friday Agenda Packet. City Administrator Lobaito noted April 29, 1998 Page 7 the Village of McCullom Lake was requesting either the installation of sidewalks from the WalMart property located on McCullom Lake Road to the Village of McCullom Lake's corporate boundaries, or permitting all Village of McCullom Lake residents to participate in City of McHenry recreation programs at the resident rate. Mayor Cuda suggested Council consider option number two, requesting the Village of McCullom Lake consider paying the balance of the non-residential recreational program fees. Some discussion followed. City Attorney McArdle suggested deannexing the property forcibly. Council directed City Attorney McArdle to provide further information regarding forcible Deannexation. ADJOURNMENT Motion by McClatchey, seconded by Glab to adjourn the meeting at 8:40 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 8:40 p.m. CITY/CDERK /' MAYOR