HomeMy WebLinkAboutMinutes - 03/11/1998 - City Council REGULAR MEETING
MARCH 11, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, March 11 , 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, 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
No one signed in to speak during the Ten Minute Public Input Session.
PRESENTATION DISTRICT 15/156 EDUCATION COMMITTEE
Districts 15/156 Education Committee Co-Chairs Linda Burdette and Dr. James
Mowery addressed Council, thanking them for the opportunity to share information
regarding the referenda in both Districts 15 and 156. A slide presentation was
provided explaining the need for and goals of the referenda, including:
• the acquisition and construction of a new high school east of the Fox River;
0 renovation of the West Campus building;
• the sale of the East Campus building to Elementary School District 15, and its
renovation;
• an addition to Parkland Junior High School; and
• renovations to all Elementary School District 15 buildings.
Applications in response to recent legislation authorizing state tax dollars to support
school construction and renovations have been submitted by both school districts.
Both Boards of Education have passed a resolution to abate the amount of taxes to
be levied by the amount of support received from this grant's program. Dr. Mowery
noted, in response to Council inquiry, state grant funds are only available to school
districts whose referenda are successful. If the referenda do not pass, grant monies
will not be forthcoming. Elementary School District 15 Superintendent Dr. Dodds also
informed Council the bonds will be completely paid off for Elementary School District
15 in fifteen years, and for High School District 156 in seventeen years.
Council thanked the 15/156 Education Committee for their attendance.
PRESENTATION - DIANE EMERSON PUBLIC AFFAIRS DIRECTOR FOR
COMMONWEALTH EDISON
Diane Emerson, Public Affairs Director for Commonwealth Edison, distributed
and reviewed Commonwealth Edison's Annual Summary Report.
In response to Alderman Baird's inquiry regarding the availability of burying
electric lines as per the franchise specifications, Ms. Emerson noted lines can be
buried, but at a cost to the municipality. In response to Alderman Murgatroyd's
inquiry, Ms. Emerson stated the average response time for repairs was between 24
and 48 hours. Some discussion followed. Ms. Emerson stated she was accessible
to all municipal officials regarding potential problems.
CONSENT AGENDA
Motion by Baird, seconded by Glab, to approve the Consent Agenda as follows:
1. Change Order #2 Submitted by Baxter&Woodman for South Wastewater Treatment Plant
- $3,174,000 to $3,177,035.06;
2. Miscellaneous Sewerage Repairs- Anne Street Lift Station - Invoice in amount of
$52,547.00;
3. 1998 Tag Day Schedule.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
March 11 , 1998 Page 2
REQUEST FOR CONDITIONAL USE - TEEN CENTER MR. TED ZATOS AND MR.
GEORGE BRALES, 4400 WEST ELM STREET
City Administrator Lobaito distributed a letter from the Petitioners' Attorney, Mr.
James Cowlin, requesting consideration of the Conditional Use Request be withdrawn
from this evening's Agenda. The Petitioners stated it was their belief with the
negative recommendation from the Zoning Board of Appeals, their request would be
subsequently denied by Council. A brief discussion followed.
Motion by Baird, seconded by Glab, to require a six-week notification period
prior to any reconsideration of Mr. Ted Zatos' and Mr. George Brales' request for a
Conditional Use Permit to allow a Teen Center.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Glab requested Council consider amending the Zoning Ordinance with
regard to the definition of a Teen Center. It was the consensus of Council to send
consideration of a Zoning Text Amendment regarding the definition of a Teen Center
to the Community Development Committee.
CONSIDERATION OF POLICY RELATING TO FORCED ANNEXATIONS
City Administrator Lobaito reported, as per the request of Aldermen Bolger and
Glab, information regarding Forced Annexations has been provided for Council
discussion and consideration. Illinois municipalities have the authority to forcibly
annex property that, on less than sixty acres in area, is entirely surrounded by:
• One or more municipalities;
• One or more municipalities and a river;
• One or more municipalities and a forest preserve.
The property owner's consent is not required in these cases. Passage of an ordinance
completes the annexation.
The City of McHenry most recently used this authority in October of 1986 to
annex eight properties that ranged in size from one to thirty acres, for a total of sixty-
five acres. The City Council considered using this authority again in March of 1991 ,
to annex nine properties. However, no action was taken. A recent review of City
boundaries has revealed there are twelve areas that are less than sixty acres and are
surrounded by the City of McHenry's corporate boundaries. Some of the areas include
multiple properties under separate ownership. The City of McHenry currently does not
have a policy regarding the use its authority to forcibly annex properties. Some
discussion followed.
In response to Council inquiry, City Administrator Lobaito stated the property's
zoning classification, if forcibly annexed, defaults to Estate Zoning. Current property
usage remains permissible as long as it is a legal use; however, it cannot be enlarged.
Alderman Glab suggested Council review approximately every two years those
properties that could be forcibly annexed to the City of McHenry. He stated each
property should be considered on its own merit and circumstances.
Mayor Cuda informed Council throughout his administration, properties are not
forcibly annexed unless a compelling reason, i.e. health and safety, or unusual
circumstance renders annexation advisable. Some discussion followed. Alderman
Bolger inquired as to the circumstances surrounding the property commonly known
as 3503 Fairway Drive, located on the south side of Fairway, west of Linda Road.
City Administrator Lobaito stated this lot was apparently excluded when Fairchild
Estates was annexed. Mayor Cuda also noted the numerous City properties as yet to
be annexed.
March 11 , 1998 Page 3
Motion by Glab, seconded by Murgatroyd, to proceed with the forcible
annexation of the property commonly known as 3503 Fairway Drive, PI#09-35-451-
026, as well as all city-owned property contiguous to the current City of McHenry
corporate boundaries.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING AGREEMENT FOR GREEN STREET PHASE III PROJECT
Director of Public Works Batt reported Council at its March 5, 1997 regularly
scheduled Council Meeting approved the Engineering Agreement for final design with
Hampton, Lenzini and Renwick, for Phase III of the Green Street project. Project
continuation requires Council approval and mayoral execution of an Engineering
Construction Services Agreement with engineering firm Hampton, Lenzini and Renwick
in an amount not-to-exceed $70,644.75 for seventy calendar days of service.
Director of Public Works Batt stated this Agreement has been approved by the Illinois
Department of Transportation for Federal funding at 80%. The actual cost to the City
of McHenry is $14,128.95. Project letting is scheduled for April 24, 1998.
In response to Council inquiry, Director Batt noted the estimated total cost of
this project is $503,000. Therefore, the estimated total cost for the City of McHenry
is approximately $101 ,000. The Agreement requires the engineers to submit reports
on material quality to the State including:
• Compaction tests;
• Construction staking and layout;
• Quality control of work in progress;
• Enforcement of contract provisions;
• Measurement and computation of pay items;
• Daily recording of contractor activity;
-- • Preparation of all partial and final pay estimates, change orders, records, reports
and other documentation requiring submission to the State;
• Revised contract drawings;
• Provide permanent record drawings.
As part of the agreement the City of McHenry as the local agency must
designate a resident engineer to be in charge of general supervision of the
construction. City Administrator Lobaito noted Director of Public Works Batt has
always been selected by past Council to serve as resident engineer in similar
circumstances.
Motion by Baird, seconded by Murgatroyd, to approve the Engineering
Construction Services Agreement with Hampton, Lenzini and Renwick for the Phase
III Green Street project in an amount not-to-exceed $70,644.75 for seventy calendar
days of service; and to authorize the Mayor and City Clerk's execution of the
Engineering Construction Services Agreement subject to the understanding that 80%
of the cost is reimbursable with Federal monies.
Voting Aye; Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he and City Administrator Lobaito had met with McHenry
Economic Development Commission representatives, as well as McHenry County
Transportation Committee members, and McHenry County Highway Department
representatives regarding transportation issues affecting the City of McHenry:
specifically, the next phase of the Bull Valley connector road and the West McHenry
Bypass. The next phase of the Bull Valley connector project is apparently on schedule
with a bid letting slated for late Spring 1998. Construction of the West McHenry
Bypass falls within McHenry County's five-year plan. The five year County
March 11 , 1998 Page 4
Transportation Plan has yet to be presented to the full County Board for consideration
and approval, however. No funding for the West McHenry Bypass project is
anticipated until the year 2002. McHenry Economic Development Commission
representatives requested the McHenry County representatives consider moving this
project forward.
Mayor Cuda also reported he and City Administrator Lobaito met with City
Engineering firm Baxter and Woodman representative Carl Moon regarding the City of
McHenry's Facility Plan Update as well as prioritization of 1998-1999 water/sewer
projects. It was the determination of Mr. Moon that an elevated storage tank is a
priority. Baxter and Woodman will also be preparing a cost analysis between the
expansion of the Central Wastewater Treatment Plant and the installation of a
centrifugal interceptor to the South Wastewater Treatment Plant.
Mayor Cuda and City Administrator Lobaito met with Lou and Paul Pacini to
discuss the development of their properties, specifically the 20 acre parcel located on
Bull Valley Road west of the railroad tracks and east of Crystal Lake Road. The
density of this project remains at 6 units per acre. The Pacinis have expressed interest
in developing this property as rapidly as possible.
In response to Mayor Cuda's request, City Administrator Lobaito informed
Council he had contacted McHenry County Transportation Superintendent Michael
Magnuson, and had been assured a traffic signal will be installed at the new
intersection of Green Street and the Bull Valley connector road. City Administrator
Lobaito also noted McHenry County representatives have inquired as to the City of
McHenry's interest in purchasing the eight acres of property owned by McHenry
County, located on the east side of Green Street. The County is currently using the
property as a staging area for the construction of the Bull Valley connector road
project. It was noted some wetland obligations exist for this property.
COMMITTEE REPORTS
Community Development Committee Chairman Alderman McClatchey reported
the committee had met just prior to this evening's regularly scheduled Council meeting
to discuss the desirability of drafting a Tobacco Ordinance for full Council review and
action. He informed Council the Committee had directed City Attorney McArdle to
draft a tobacco ordinance incorporating a provision prohibiting tobacco possession by
minors. The Committee will review and amend the proposed ordinance prior to
presentation for full Council review and action.
Parks and Recreation Committee Chairman Alderman Baird scheduled a Parks
and Recreation Committee Meeting for Wednesday, March 25, 1998 at 7:00 p.m. He
noted the Committee will be reviewing the Proposals for a Recreational Center
Concept Plan as well as the grant application for the Petersen Farm acquisition.
Finance Committee Chairman Alderman Murgatroyd reported the Finance
Committee had met and discussed Personnel issues on Tuesday, March 10, 1998.
The next meeting will be scheduled for early April.
DEPARTMENT HEAD REPORTS
City Administrator Lobaito reported the engineering design and cost analysis
with Smith Engineering authorized by Council at its December 16, 1997 regularly
scheduled Council Meeting for U.S. Route 31 Traffic Lane Improvements south of Bull
Valley Road, and installation of a traffic signal at U.S. Route 31 and Shamrock Lane
has been completed. The estimated cost of the project is $500,000. An informational
meeting for all affected property owners has been scheduled for Thursday, March 19,
1998 at 7:00 p.m. in the Council Chambers of the Municipal Building. Any interested
Councilmen are invited to attend.
NEW BUSINESS
Alderman Baird requested Council approve the display in City easements of
signs advertising Riverwood Elementary School's Craft Show March 21 st and March
22nd, 1998.
March 11 , 1998 Page 5
Motion by Glab, seconded by Baird, to approve the display of signs in city
easements advertising Riverwood Elementary School's Craft Show the weekend of
March 21 st and March 22nd, 1998.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Baird also requested Council approve the use of the Council Chambers
in the Municipal Building Tuesday, May 12th, or Tuesday, May 19th, for the Mock
City Council Meeting conducted by the Fifth Grade Class of Riverwood Elementary
School. Alderman Baird reminded Council this would be the 4th Annual Riverwood
Mock City Council Meeting. It was the unanimous consensus of Council to approve
Alderman Baird's use of the Council Chambers in the Municipal Building on either
Tuesday, May 12th or Tuesday, May 19th.
Alderman Bolger reaffirmed Mayor Cuda's statement regarding the meeting
among McHenry Economic Development Commission representatives, McHenry
County Transportation Committee representatives, and McHenry County
Transportation Department representatives. He also requested Mayor Cuda appoint
a Committee to oversee the dedication of the Miller Memorial Highway as well as the
Walsh Riverfront Park. Council concurred.
ADJOURNMENT
Motion by McClatchey, seconded by Glab to adjourn the meeting at 8:50 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
._. Motion carried.
The meeting adjourned at 8:50 p.m.
CITY CLERK MAYOR