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HomeMy WebLinkAboutMinutes - 06/14/1999 - City Council REGULAR MEETING JUNE 14, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Monday, June 14, 1999 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 Community Development Napolitano, Director of Public Works Batt, Acting Police Chief Erkenswick. Absent Director of Parks and Recreation Merkel. TEN MINUTE PUBLIC INPUT SESSION Mayor Cuda noted the numerous residents in attendance to address the recent flooding experienced yesterday, Sunday, June 13, 1999. He noted everyone would have the opportunity to address Council. Director of Public Works Batt was asked to explain the facts and activities, which led to the flooding situation on Sunday. Director Batt noted 1 % inches of rain was experienced on Saturday June 12, 1999 and 5 % inches of rain were experienced between 6:00 a.m. and noon on Sunday, June 13, 1999. The 5 '/4 inches rainfall exceeds 100 year storm expectancy. City Staff responded immediately, dispatching crews to man the sanitary sewer facilities, answer phones, and clear storm water pathways and grates. Surface water flooding and sanitary sewer backups were experienced throughout the community: specifically, Kane Avenue, Anne Street, Timothy Lane, Loch Glen Lane, Hilltop Boulevard, Willow Lane, Clearview Avenue, Oak Drive, and Riverside Drive in the downtown commercial area. Director Batt explained although both sanitary sewer facilities were continually pumping, the sanitary sewer backups were due to the extreme inflow surcharge. Mayor Cuda explained a Public Works Committee Meeting would be scheduled to specifically address the flooding, after Staff conducts a comprehensive investigation of the flooding situation. All residents will be invited to the Committee Meeting. City Administrator Lobaito also noted City crews would immediately begin picking up damaged goods placed at the curbside. In response to Alderman McClatchey's inquiry, City Administrator Lobaito stated sandbag information would be provided all City residents. In addition, sandbags will permanently be kept on hand at the City garage from this point forward. PUBLIC INPUT Ron Samuelson of 4903 Willow Lane addressed Council. He thanked Alderman Glab for his presence and concern on Sunday. He then expressed concern with the length of time it took the water to drain and dissipate. Tom Reese of 4910 Willow Lane stated the creek located behind his property was not being maintained properly. Lawn clippings and yard waste clog drains causing water backup and overflow problems. David Stanek of 4507 Clearview Avenue addressed Council noting the drainage correction work undertaken by the City did not sufficiently correct the storm water problem. He suggested the development of an area retention pond be investigated. Roger Thacker of 4500 Clearview Avenue noted the storm water flooding in this area has occurred before and is attributable to accumulated runoff from Parkway Avenue. He stated the City should have been better prepared, particularly regarding the availability of sandbags. Tom McKibben of 719 Green Street stated his area at the intersection of Green Street and Kane Avenue near McCracken Field had experienced the same flooding problems six years ago in 1993. It has yet to be corrected. He recommended the City's engineering firm be consulted for a solution. Debbie Karlsen of 3812 Anne Street stated she was addressing Council as a representative of the Anne Street residents. She stated Anne Street residents had Page 2 6/14/99 experienced similar storm water flooding and sanitary sewer backups in 1993. At that time, she was instructed to call City Hall if she ever experienced these problems again. Following this direction, she received no assistance. She requested Council consider allocating monies to correct the storm water flooding and sanitary sewer backup flooding problems. Walter Schaedel of 1613 Governor's Drive, Florida, addressed Council, noting he was a former alderman for the City of McHenry, and father to Debra Karlsen. He noted the problem had been in existence for approximately 22 years and should be corrected at this time. David Anderson of 3805 Anne Street addressed Council concurring with Ms. Karlsen's request for funding to correct the problem. He noted he personally has experienced flooding over five times and has appeared on national television three times, evidently to no avail, as the problems still exist. Scott Anderson of 3710 Timothy Lane addressed Council. He stated he has sustained approximately $25,000 worth of damage, including furniture saturated with sanitary sewer water. Carol O'Leary of St. Paul Avenue informed Council drainage problems have been experienced in this area since the City raised the street and surrounding property to accommodate Knox Pool construction. She also opined downspout runoff from the City of McHenry's Public Work Garage empties directly into her yard. Mike Hersch of 4909 Grand Avenue informed Council a large section of his back yard fell into the creek during the June 13, 1999 rain. He noted residents living along Boone Creek are experiencing a significant erosion problem. He also informed Council -- telephone, cable, and electrical lines were exposed because of the property loss. He requested Council investigate and provide a solution to the property's erosion. Sue Blinkal of 4515 Clearview Avenue stated she has experienced flooding for the second time since 1996. With assurances from the City, the problem was being corrected, her family invested significant monies in improving and decorating their home. They sustained significant damage on Sunday, and still have no hot water. Diane Winterquest, a new homeowner, at 4511 Clearview, expressed her personal distress with the flooding on Sunday. She requested Council consider correcting the problem. Lori and Chuck Holtz of Court Street addressed Council stating although they were not residents, their property is located adjacent to the City's corporate limits. They experienced severe flooding on Sunday, and opined it was attributable to residential construction along McCullom Lake Road within the City of McHenry's corporate limits. Ms. Holtz alleged plastic had not been removed from area drains contributing to the flooding. City Administrator Lobaito requested residents allow Staff to investigate and _ present potential solutions for consideration at the Public Works Committee Meeting. Alderman Bolger noted two separate flooding problems exist: ■ Surface water flooding; and ■ Sanitary sewer backup flooding. He stated all residents would be notified of the Public Works Committee Meeting date. City Administrator Lobaito also noted State Representative Franks had been contacted to investigate the availability of State and/or Federal Disaster monies. Alderman Glab also noted Dartmoor Drive experienced water problems. He suggested Staff investigate a comprehensive solution beginning with retention efforts along the creek and a regional detention center on the Route 31 Pacini Property. Page 3 6/14/99 Mayor Cuda called for a recess at 8:45 p.m. The meeting was reconvened at 9:03 p.m. with full Council still in attendance. PRESENTATION: RESOLUTION HONORING AREA TAEKWONDO PARTICIPANTS IN THE 1999 JUNIOR OLYPICS IN NEVADA Mayor Cuda informed Council eight area youths from the McHenry Taekwondo Academy would be representing McHenry County at the 1999 Junior Olympics in Nevada. A resolution in support of their efforts was presented. Motion by Bolger, seconded by Glab, to pass a resolution acknowledging the efforts of the eight local McHenry Taekwondo Academy participants in the 1999 Junior Olympics in Nevada, and supporting their fundraising activities. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Representatives of the McHenry Taekwondo Academy thanked Council and conducted a brief demonstration, reflecting their skill level. PUBLIC HEARING: AMENDMENT TO KRESSWOOD ANNEXATION AGREEMENT/PACINI PROPERTY Mayor Cuda opened the Public Hearing at 9:11 p.m. Representatives for the Petitioners, Gregg Gabel, land planner, and Jeff Hirsch, attorney, were in attendance. Mr. Gabel addressed Council stating the Petitioner is requesting an amendment to the Annexation Agreement for the Kresswood Trails Development, to permit ranch-style townhouse units in the development. Two of the four townhouse units would be ranch- style units and would be located one directly below the other. Staff explained this proposed construction does not meet the permitted development as stated in the City of McHenry's Zoning Ordinance. The definition of a townhome is as follows: "A dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground level entrance to the outside and no portion of which is located above any other unit or portion thereof." Staff continued to explain floor plan submittal is not required during initial annexation and zoning review. The problem, therefore, was not identified until building plans were submitted for permits. To permit the construction of these units, an amendment to the Annexation Agreement is proposed. The amendment is specific and includes language permitting construction of these ranch units as well as floor plans and elevation exhibits. All units have their own private entrance from the outside as well as from the garages. The proposed buildings maintain the appearance of a typical townhouse. Materials meeting the two-hour fire rating and which address noise reduction, have also been required. In response to Alderman Murgatroyd's inquiry, Mr. Gabel noted every building would have a "C" and "D" unit. Mr. Gabel also noted in response to Alderman Glab's inquiry the ranch-style units "C" and "D" will cost approximately $120,0004150,000. The cost of units "A" and "B" will be approximately $150,0004180,000. City Administrator Lobaito informed Council Zoning Board of Appeals Chairman Harry Semrow had submitted a letter requesting the Zoning Board of Appeals be permitted to review the amendment. He opined the proper zoning under these new circumstances should be multi-family. City Administrator Lobaito informed Council Staff did not support his contention. Alderman Glab suggested the Community Development Department review the current definition of townhouse and submit a language revision for full Council consideration. Mayor Cuda opened the floor to audience comment. Page 4 6/14/99 Mary Rossi of 4305 W. Shamrock Lane requested Staff insure known construction faults found in the Irish Prairie Townhome Development not be repeated in the proposed Kresswood Trails Townhome Development. Zoning Board of Appeals member George Cadotte stated the current proposed development is not the same development originally reviewed by the Zoning Board of Appeals. He requested Council permit a second review by the Zoning Board of Appeals. Some discussion followed. Motion by McClatchey, seconded by Glab, to close the Public Hearing on the Amendment to the Kresswood Trails Annexation Agreement at 9:30 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Murgatroyd suggested Council consider sending the proposed Amendment to the Zoning Board of Appeals for review. In response, Mr. Gabel informed Council further delay of the proposed Kresswood Trails Townhome Development would prohibit the development construction until spring of 2000. Motion by McClatchey, seconded by Baird, to direct Staff to draft an ordinance amending the Parkway Bank and Trust Company Kresswood Trails Pacini Annexation Agreement permitting the design and layout of townhouse units as presented and attached to the Agreement as Exhibit B. Voting Aye: Bolger, Glab, McClatchey, Baird, Cuda. Voting Nay: Murgatroyd. Absent: None. Motion carried. PUBLIC HEARING: SPECIAL SERVICE AREA - SHAMROCK LANE/ROUTE 31 IMPROVEMENTS Mayor Cuda opened the Public Hearing regarding the Special Service Area for the Shamrock Lane/Route 31 improvements at 9:35 p.m. Mayor Cuda reminded Council an ordinance was passed at the regularly scheduled May 19, 1999 Council meeting establishing a Special Service Area for traffic lane improvements on Route 31 from Bull Valley Road south to Prime Parkway, and the installation of a three-way traffic signal at the intersection of Shamrock Lane and Route 31 . The Public Hearing provides the general public with an opportunity to comment and/or inquire about the proposed Special Service Area. At this time, City Clerk Althoff noted written comments had been received from Margaret Gewecke of 4316 W. Shamrock Lane, and would be responded to by City Administrator Lobaito during the Public Hearing. Ms. Gewecke was in attendance. - A sixty day waiting period is in effect immediately upon the adjournment of the Public Hearing. The waiting period permits the affected owners and electors of the Special Service Area an opportunity to file a petition to block the creation of a Special Service Area. City Administrator Lobaito noted notice of the Public Hearing was published in the Northwest Herald Newspapers fifteen days prior to the hearing. Written notification was sent to the last-known taxpayers of all the properties included in the proposed Special Service Area. Mayor Cuda explained ,after the sixty day waiting period has elapsed, Council must pass an ordinance establishing the Special Service Area and conduct a second Public Hearing for the sale of bonds. Prior to this hearing, project bids will be sought, establishing a definitive project cost. City Administrator Lobaito noted as portions of the hospital property are exempt from paying property taxes, they will also be exempt from Page 5 6/14/99 the established Special Service Area. Smith Engineering Traffic Engineer Gary Rozwadowski was introduced. Mr. Rozwadowski provided a brief but detailed description of the project. He noted project approval had been obtained by all the required Illinois Department of Transportation (IDOT) departments with the exception of the signal division. He noted the project includes the installation of emergency vehicle pre-emption devices facilitating the response time of emergency vehicles. In response to Council inquiry, Mr. Rozwadowski stated the project completion date was tentatively scheduled for late fall or early winter of 1999, assuming a sixty day _ construction period for the Route 31 lane improvements and an additional sixty day installation period for the traffic signal. City Administrator Lobaito also informed Council and the public, additional easements are required for the project's completion. Staff has been and will continue pursuing their obtainment. In response to Mary Rossi's inquiry of 4305 W. Shamrock Lane, City Administrator Lobaito explained Commonwealth Edison poles will be relocated as part of the project, but at Commonwealth Edison's cost. Margaret Gewecke requested clarification regarding the inclusion of Irish Prairie Homeowners within the Special Service Area. City Administrator Lobaito explained as the State of Illinois considers Shamrock Lane a private roadway, they will not approve funds to pay for the installation of a traffic signal at the Shamrock Lane and State Route 31 intersection. Thanks to the efforts of Senator Dick Klemm and State Representative Jack Franks, State grant monies of $150,000 were allocated towards this project. Mary Jean Fredrick of 4311 West Shamrock Lane Unit 2A inquired as to the City requirements regarding the screening of the new Brake Parts building addition. Staff explained City of McHenry Zoning Ordinance requires screening with a minimum height of 5 feet and a maximum height of 7 feet. In response to Alderman Bolger's request, City Administrator Lobaito was directed to draft a letter of thanks under Mayor Cuda's signature, to State Representative Franks and Senator Richard Klemm, for their assistance in obtaining funding for this project. Motion by Murgatroyd, seconded by McClatchey, to close the Public Hearing regarding the establishment of a Special Service Area for the purpose of funding the Shamrock Lane and Route 31 improvements at 9:55 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA In response to Alderman Murgatroyd's request, Consent Agenda Item #3, "Gang Free Zones" ordinance was removed from the Consent Agenda. Motion by Glab, seconded by Bolger, to approve the Consent Agenda, as follows, subject to the removal of Item #3, "Gang Free Zones" Ordinance: ■ Prevailing Wage Ordinance, Public Works Project; ■ Ordinance Amending Chapter 26 of the Municipal Code; ■ Ordinance approving Conditional Use Permit — Sunnyside Company, 4807 West Elm Street; ■ Payment No. 2, Thelen Sand and Gravel - $40,445.51 ; ■ Picnic/Special Use Permits; ■ Bills for Approval: GENERAL FUND ADAMS STEEL SERVICE INC 51.43 ALBRECHT, TIFFANY 65.00 AMERITECH 4,323.91 ANDY WALTER 355.00 Page 6 6/14/99 ANTHONY LOVE 105.00 BADGER UNIFORMS 2,936.50 BARN NURSERY, THE 142.08 BAXTER & WOODMAN 1,585.35 BONCOSKY OIL COMPANY 1,029.45 CAROL HOLIAN 165.54 CELLULAR ONE - CHICAGO 52.85 CENTEGRA OCCUPATIONAL HE 281.20 CHICAGO TURF & IRRIGATIO 93.43 CLARKE ENVIRONMENTAL 6,650.00 CURRAN CONTRACTING CO 2,603.91 DEBOER ENTERPRISES, JOHN 5.95 DOMINGUEZ, MARIO 15.00 DON SCHATZ 150.00 DON'S TOWING 100.00 DURA WAX COMPNAY INC, TH 92.00 EDER RIEDEL & CO CERTIFI 338.00 EISERMAN, JERRY 28.14 EXTECH COMPANY 97.35 FARWICK, KATHY 81.00 FLOWERWOOD 280.00 FOXCROFT MEADOWS INC 293.55 FREUND INC, GEORGE P 781.22 FUNDWAYS OF IL INC 795.00 GERALD E LUBBEN 105.00 GRANDT, KAREN 10.00 GREG BAZILEWICH 42.00 GRIFFIN, JIM 126.00 HARM'S FARM 360.50 HAUPT, THERESA 12.00 ILLINOIS NEUROFIBROMOTOS 150.00 ILLINOIS TACTICAL OFFICE 40.00 JAMES, GUSTAFSON AND THO 180.00 JCK CONTRACTOR 450.00 JEPSEN TIRE ZMT INC 558.00 JERDEN, CINDY 83.94 K-MART STORES 12.80 KAR PRODUCTS 155.70 KATHLEEN QUICK 63.86 KRANZ, ANNE 79.94 KRIEG, JERRI 135.00 KTD MANUFACTURING AND 9.45 KUNZER, KATHLEEN 253.75 KUTNICK, MICHAEL 147.00 LANG PONTIAC-CADILLAC-SU 148.13 LAROSE, JIM 65.00 LEACH ENTERPRISES INC 801.91 LEON, RHONDA 22.00 LEONARDI'S FOOD 166.60 LETN 388.00 LOCKER'S FLOWERS 45.00 MANPOWER 1,721.18 MARINE RESCUE PRODUCTS I 754.00 MATTOON, MARY 70.00 MCHENRY AUTO PARTS 103.86 MCHENRY COUNTRY CLUB 169.91 MCHENRY COUNTY SUPPLY IN 220.00 MCHENRY FAVORITE SPORT C 1,215.00 MCHENRY SHOOTING CENTER 115.50 MCHENRY SPECIALTIES 76.45 MCI TELECOMMUNICATIONS 1.91 MCOM SYSTEMS 136.00 MEYER MATERIAL COMPANY 616.35 MIDWEST BANK OF MCHENRY 30.00 MILLER MONUMENT COMPANY 82.00 MINUTEMAN PRESS OF MCH 246.91 MOLNAR, JAMES 696.00 NETT, LINDA 20.00 NEWMAN, CHRISTINE 155.90 NICOR GAS 536.07 NORTHWEST ELECTRICAL 111.75 NORTHWEST HERALD 735.12 OLIVER, JUANITA 111.00 OPATRNY, CHERI 105.00 OTHICK, MARK K 500.00 OTIS ELEVATOR COMPANY 610.42 PACE 3,943.83 PARADISE COMPUTER 369.00 PERKINS OIL CO INC 100.00 PETERSEN SAND & GRAVEL 56.44 PETKO, CARA 33.00 PINTER, BILL 252.00 PLANNING RESOURCES INC 1,255.28 PRINGLE, MICHELLE 115.00 PROVENZANO, NICK 95.00 RAINBOW REFRESHMENTS INC 262.70 RAMADA INN 30.00 RELIABLE SAND & GRAVEL 51.60 ROSATI'S PIZZA 36.98 S & S ARTS & CRAFTS 1,014.73 SECRETARY OF STATE 10.00 Page 7 6/14/99 SHERMAN MECHANICAL INC 225.46 SIMON, LISA 98.00 SOURCE ONE 44.65 SUDDENLY SLIMMER 30.00 SUSPENDED AQUATIC MENTOR 189.16 THOMAS, DAWN 70.00 TRAFFIC CONTROL & 400.00 TREASURER STATE OF ILL 1,914.00 TRI-RIVER POLICE TRAININ 255.00 TROCKI, TODD 168.00 UNITED STATES POSTAL SER 1,200.00 WARREN, TOM 346.50 WASTE MANAGEMENT NORTH 805.00 WEST PUBLISHING PYMT CTR 931.50 WIGMAN, GARY R 88.49 WIWCZARYK, IRENE 30.00 WOLFMEYER, MARIANNA T 15.75 ZARATE, MIGUEL C 10.00 CIVIL DEFENSE FUND BRANIFF COMM INC 121.19 DEBT SERVICE FUND AMERICAN NATIONAL BANK & 1,200.00 POLICE PENSION FUND DIRECTOR OF INSURANCE 587.04 DEVELOPER DONATION FUND ECOLOGIC PLANNING INC 400.00 WATER/SEWER FUND ADAMS STEEL SERVICE INC 157.94 AMERITECH 895.84 BONCOSKY OIL COMPANY 340.03 CYNMAR CORPORATION 21.68 HOLIAN, CAROL 13.67 ISAWWA 35.00 LEWIS EQUIPMENT II 434.59 MARBLEHEAD LIME COMPANY 1,999.35 MCHENRY ANALYTICAL WATER 15.00 MEYER MATERIAL COMPANY 143.23 MID AMERICAN WATER OF 1,058.37 NICOR GAS 2,335.34 PETERSEN SAND & GRAVEL 67.81 RIDGEVIEW ELECTRIC INC 90.00 UNITED STATES PLASTIC CO 255.90 UNITED STATES POSTAL SER 300.00 WALGREENS #2424 1,113.10 WIRFS INDUSTRIES INC 343.84 GRAND TOTALS 63,625.76 FUND TOTALS 01 GENERAL FUND 51,696.84 07 CIVIL DEFENSE FUND 121.19 32 DEBT SERVICE FUND 1,200.00 36 POLICE PENSION FUND 587.04 37 DEVELOPER DONATION FUND 400.00 51 WATER/SEWER FUND 9, 620.69 GRAND TOTALS 63,625.76 ■ Approve Executive Session Minutes: ■ January 29, 1997; ■ February 12, 1997 ■ February 19, 1997 ■ May 20, 1998; ■ October 7, 1998; ■ October 21 , 1998; _ ■ October 29, 1998; ■ Approve City Council Minutes: ■ April 26, 1999 Special Meeting; ■ June 2, 1999 Regular Meeting. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 8 6/14/99 Alderman Murgatroyd opined the proposed resolution supporting the Town of Cicero's "Gang Free Zones" ordinance was significant in itself and should be addressed individually. Some discussion followed. Motion by Murgatroyd, seconded by Baird, to direct Staff to draft a resolution supporting the Town of Cicero's "Gang Free Zones" ordinance. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Noting the absence of Fox Waterways Agency Chairman Dr. William Dam, Mayor Cuda requested Agenda Item #2 Update of Fox Waterway Agency be rescheduled for a future Council Meeting. MCHENRY AREA JAYCEES 1999 FIREWORKS PROGRAM Ray Welsh, McHenry Area Jaycees Board Member, was in attendance, Mr. Welsh explained the McHenry Area Jaycees were requesting the use of Petersen Park and the waiving of all associated fees for the Fourth Annual 4th of July Fireworks Display. Music, food and games will begin at 4:00 p.m. on Saturday, July 3`d, with the Fireworks Display scheduled for dusk. Mr. Welsh also presented Mayor Cuda with a check for $15,000 to cover the costs of the Fireworks Display. Motion by McClatchey, seconded by Bolger, to approve the use of Petersen Park by the McHenry Area Jaycees for the Fourth Annual 4th of July Fireworks Program, waiving all associated fees. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Alderman McClatchey's inquiry, Acting Chief Erkenswick noted all residents living along Oak Drive and Shore Drive were informed of the "No Parking" restrictions to be implemented on Saturday, July 3`d, in conjunction with the Fourth Annual 4" of July Fireworks Display. In addition, the same information was noted in the City Newsletter. MCHENRY COUNTY EDC ROUTE 31 INTERGOVERNMENTAL AGREEMENT Director of Community Development Napolitano reminded Council the proposed Intergovernmental Agreement ensuring the safe and efficient flow of traffic along Route 31 , was presented for Council review and comment at the May 19, 1999 Regularly Scheduled Council Meeting. The Agreement addresses traffic flow and access along the entire length of Illinois Route 31 and is to be considered by the Village of Algonquin, the Village of Lake in the Hills, the Village of Cary, the City of Crystal Lake, the Village of Prairie Grove, the City of McHenry, the Village of Johnsburg, the Village of Ringwood, the Village of Spring Grove, the Village of Richmond, Algonquin Township, Burton Township, _ Nunda Township, McHenry Township, and Richmond Township. The Agreement is modeled after the Randall Road Agreement and provides desired route characteristics and access management guidelines for the entire length of State Route 31 . It is assumed all of the municipalities and townships adjacent to Illinois Route 31 will execute the Agreement. Currently, the Village of Cary, the Village of Lake in the Hills, the Village of Johnsburg, Richmond Township and McHenry Township have executed the Agreement. Once all the approvals are received, the McHenry County Economic Development Comission plans to conduct a press conference tentatively scheduled for the last week in June. Page 9 6/14/99 Motion by Baird, seconded by Murgatroyd, to authorize the Mayor and City Clerk's execution of the Intergovernmental Agreement among the Illinois Department of Transportation, County of McHenry, the Village of Algonquin, the Village of Lake in the Hills, the Village of Cary, the City of Crystal Lake, the Village of Prairie Grove, the City of McHenry, the Village of Johnsburg, the Village of Ringwood, the Village of Spring Grove, the Village of Richmond, Algonquin Township, Burton Township, Nunda Township, McHenry Township, and Richmond Township, to insure the safe and efficient flow of traffic along Illinois Route 31 . Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird Voting Nay: None. Absent: None. Motion carried. APPROVE THE HIRING OF A PROFESSIONAL LAND APPRAISER FOR PARK DONATIONS City Administrator Lobaito reminded Council the Community Development Committee at its June 3, 1999 meeting unanimously recommended the hiring of a professional land appraiser to provide the City of McHenry with a fair market value of a one acre fully improved residential lot. The Community Development Committee reviewed current park donation requirements for new residential development. The City of McHenry's current Subdivision Control Ordinance uses a formula to estimate the population generated by a new subdivision and the acreage of park land needed to serve that population. The Subdivision Control Ordinance permits the City a choice to accept land or a cash donation in lieu of land. The cash donation is determined by multiplying the amount of land times the fair market value of an improved acre of residential property located within the corporate limits of the City of McHenry. The current City of McHenry Subdivision Control Ordinance specifies a fair market value of $30,000/acre. Council last reviewed the fair market value in 1991 . Staff noted yearly fee increases based on the Consumer Price Index have indirectly affected the stated fair market value. Although the fair market value has not been amended since 1991 , the yearly Consumer Prince Index increases have inflated the actual fair market value to a level of $36,820. The fair market value of an improved acre of residential land located within the City of McHenry's corporate limits should be accurately determined. Motion by McClatchey, seconded by Murgatroyd, to authorize the hiring of a professional land appraiser to provide the City of McHenry with a fair market value of a one acre fully improved residential lot. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. PURCHASE OF MOWING EQUIPMENT - PARKS AND RECREATION DEPARTMENT City Administrator Lobaito informed Council the 1999-2000 Budget includes $65,500 for the purchase of a multi-deck mowing unit and a 72" front-mounted rotary mower. The units will be utilized for mowing all large athletic turf area at Knox, Petersen, Althoff and Fox Ridge Parks. Specifications were developed and bids sought. Two bids were received from Chicago Turf and Irrigation Inc. of Itasca as follows, and from the Illinois Lawn Equipment Company of Oak Park as follows: Multi-deck mower - Chicago Turf and Irrigation $32,520 72" front-mounted rotary mower - Chicago Turf and Irrigation $49,045 Multi-deck mower - Illinois Lawn Equipment Co. $38,764 72" front-mounted rotary mower - Illinois Lawn Equipment Co. $15,175 Page 10 6/14/99 It is Staff's recommendation to award the multi-deck mower purchase to the low bidder, Chicago Turf and Irrigation Inc. of Itasca, in the amount of $32,520, and to award the 72" front-mounted rotary mower purchase to the low bidder, Illinois Lawn Equipment Company of Oak Park ,in the amount of $15,175. In response to Alderman Murgatroyd's inquiry, Staff stated, as separate bids were requested for each piece of equipment, Council could in fact award the bids as recommended. Motion by Baird, seconded by Murgatroyd, to award the purchase of a Toro multi- deck mowing unit to the low bidder, Chicago Turf and Irrigation Inc. of Itasca in an amount not-to-exceed $32,520; and to award the purchase of a 72" Jacobsen front- mounted rotary mower to low bidder Illinois Lawn Equipment of Oak Park in an amount not-to-exceed $15,175. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried APPROVAL OF LANDSCAPE BID AND CHANGE ORDER — WILLIAM H. ALTHOFF PARK City Administrator Lobaito informed Council plans for landscape improvements at Althoff Park were designed by Kathy Weller of Ecological Planning, Inc. Bid specifications were developed and sent to ten landscape companies. Advertisement was placed in the Northwest Herald as well as in the approved State newspaper as required by the Oslad grant guidelines for Oslad Projects in excess of $10,000. The project's estimated cost for landscape improvements was approximately $15,000. The total landscape budget for Althoff Park is $25,000. Landscape improvements remaining include an -- entrance/monument style sign and minor drainage the work in the park's southeast corner. The tentative completion date for the project is September 10, 1999. The park's dedication is scheduled for Saturday, September 11 , 1999. In response to the advertisements, the City of McHenry received three bids: Flowerwood of Crystal Lake in the amount of $17,555; Acres Group of Wauconda in the amount of $14,220; and Custom Landscaping of McHenry in the amount of $9,975. In response to Alderman Murgatroyd's inquiry, City Administrator Lobaito explained the original electrical configuration for the building at William H. Althoff Park was an underground service line and transformer to the building installed by Commonwealth Edison. In working with Commonwealth Edison engineering staff, it was determined a less expensive option would be to run a service line under ground through the parking lot to the utility pole on the south property line. A new transformer and service was supplied on the pole for the City at no cost. Motion by McClatchey, seconded by Bolger, to award the contract for landscape improvements at William H. Althoff Park to low bidder Custom Landscaping of McHenry, Illinois, in an amount not-to-exceed $9,975. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Glab, to approve Change Order No. 3 for the installation of electrical service at William H. Althoff Park to Carmichael Construction in the amount not-to-exceed $3,196. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 11 6/14/99 APPROVAL OF 1999 STREET PROGRAM Director of Public Works Batt reported bids for the City of McHenry's 1999 Street Maintenance Program were submitted and opened on June 8, 1999. Six bids were received with Payne and Dolan, Inc. of Antioch, Illinois, the low bidder in an amount of $1 ,487,753.72. Director Batt noted the bid amount is a unit price bid and is based on estimated quantities. The final price may vary as it is based on actual quantities. Director Batt also reminded Council a total project cost of $1 .5 million was recommended. Currently $75,000 has been expended for design engineering and $125,000 is encumbered for construction services and contract administration. These expenditures will result in a total project cost of $1 ,654,000. Some discussion followed regarding the desirability of reducing the scope of the 1999 Street Program. Director Batt also noted a 10% cost reduction is permitted. Director Batt recommended the elimination of a one block stretch of Abbington with a total cost of approximately $26,300 and a portion of Country Club Drive outside the City's corporate limits in the amount of approximately $7,500. Subsequent to Council's approval of the 1999 Street Maintenance Program award to the low bidder, Payne and Dolan Inc. of Antioch, Illinois, in the amount of $1 ,487,753.72, a change order and a resolution reducing the scope of the proposed Program will be drafted and presented at the regularly scheduled June 30, 1999 Council Meeting. Some discussion followed. Motion by Glab, seconded by Murgatroyd, to award the 1999 Street Maintenance Program to the low bidder, Payne and Dolan Inc. of Antioch, Illinois, in an amount not-to- exceed $1 ,487,753.72, pending Illinois Department of Transportation approval, and subject to the removal of a one block stretch of Abbington Drive, costing approximately $26,300 and a portion of Country Club Drive located outside the City of McHenry's corporate limits, costing approximately $7,500. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Alderman McClatchey's inquiry, Staff noted Court Street had not been included in the 1999 Street Program bid specifications. A Public Works Committee Meeting was scheduled for Monday, June 21 , 1999, at 7:00 p.m. in the Aldermen's Conference Room to consider further reduction of the approved 1999 Street Program. Alderman Baird requested replacement of Winding Creek Phase 3 rollover curbs be placed on the Public Works Committee Meeting Agenda. Chairman Alderman Bolger concurred and directed Staff to provide the appropriate information for the Committee's consideration. WALGREEN'S REVISED SITE PLAN AND ORDINANCE PROVIDING FOR A MAP AMENDMENT AND CONDITIONAL USE PERMIT Robert Zacharias of Centrum Properties was in attendance. Mr. Zacharias addressed Council stating revisions to the drive-through portion of the proposed Walgreen's Store to be located at 3925 West Elm Street had been completed for Council review. The drive- through has been moved further north and is now located in the approximate mid-point of the west wall of the building. This relocation permits vehicles to exit the drive-through area nearly perpendicular to the alley, which permits drivers better visual sight lines for cross traffic. Stop signs and pavement striping will be incorporated for further traffic flow clarification. The alleyway has been widened and will accommodate two-way traffic along its entire length. This enhancement allows vehicular traffic to enter the site from Main Street, which will reduce the number of turning movements from State Route 120. Alderman Glab expressed his concern regarding the two-way traffic along the drive- through alleyway's entire length. In response to Alderman Baird's inquiry, Staff noted landscaping would be provided along the property's southern boundary. Further discussion Page 12 6/14/99 occurred regarding maintenance of the alleyway. Alderman Glab suggested language be incorporated into the ordinance providing for the alleyway's maintenance by Walgreen's. Mr. Zacharias concurred with the suggestion. Alderman Glab expressed some concern that the revised conditional use request was not sent first to the Zoning Board of Appeals for review. Motion by Baird, seconded by McClatchey, to accept the recommendation of the Zoning Board of Appeals, to pass an ordinance: • granting a zoning map amendment to the property commonly known as 3925 West Elm Street to C-5 Highway Commercial District; • granting a conditional use permit for a drive-through service lane as depicted in the revised Site Plan presented for Council approval at the June 14, 1999 regularly scheduled Council Meeting; • granting a variance to the required ten-foot side building setback from the east and west property lines; subject to the inclusion of language specifying the maintenance of the alleyway by Walgreen's. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: Glab. Absent: None. Motion carried. APPROVE COLLECTIVE BARGAINING AGREEMENT FOR MCPOA UNIT I AND UNIT II City Administrator Lobaito presented the proposed Collective Bargaining Agreement between the City of McHenry and the McHenry Police Officer's Association Unit I, and the Collective Bargaining Agreement between the City of McHenry and McHenry Police Officer's Association Civilian Bargaining Unit II for Council review and formal approval. Both Agreements are for a term of three years, effective May 1 , 1999 through April 30, 2002. He noted tuition reimbursement referenced in Section 14.2 should be an increase from $1 ,000 to $1 ,250, not $1 ,200. He also noted the proposed Agreements incorporate a new fee schedule for prescription drugs, incorporating the formulary category and noted a side letter for Unit II, addressing Section 5.2, Normal Work Period Workday and Work Schedules, specifically the six-three schedule. Some discussion followed. As per Alderman Murgatroyd's request, formal action on both the McHenry Police Officer's Association Unit I and McHenry Police Officer's Association Civilian Bargaining Unit II Agreements was postponed until the regularly scheduled June 30, 1999 Council Meeting. MCHENRY/JOHNSBURG BOUNDARY AGREEMENT Mayor Cuda requested Council consider adjourning to Executive Session to discuss Potential Litigation and Legal Ramifications with regard to the proposed Boundary Agreement EXECUTIVE SESSION Motion by Bolger, seconded by McClatchey, to go into Executive Session to discuss Potential Litigation at 10:37 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None Motion carried. Council went into Executive Session at 10:37 p.m. Page 13 6/14/99 Motion by Baird, seconded by McClatchey, to go back into Open Session at 1 1 :31 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 1 1 :31 p.m. OPEN SESSION Motion by Murgatroyd, seconded by Bolger, to approve an ordinance authorizing the Mayor and City Clerk's execution of the Boundary Agreement between the City of McHenry and the Village of Johnsburg, subject to the inclusion of language requiring immediate arbitration in the event of a disagreement as to the definition of "sound engineering" as referenced in Paragraph 13. Voting Aye: Bolger, Murgatroyd, Baird. Voting Nay: Glab, McClatchey, Cuda. Absent: None. Motion failed. Motion by McClatchey, seconded by Bolger, to approve an ordinance authorizing the Mayor and City Clerk's execution of the Boundary Agreement between the City of McHenry and the Village of Johnsburg as presented at the June 14, 1999 regularly scheduled Council Meeting. Voting Aye: Bolger, McClatchey, Baird, Cuda. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORTS Mayor Cuda reported his meeting with representatives from the Heartland Fields Development was postponed until Wednesday, June 23, 1999. He reminded Council any and all comments should be forwarded to either City Administrator Lobaito or to him. COMMITTEE REPORTS Community Development Committee Chairman Alderman McClatchey reported the Community Development Committee met June 3, 1999 to consider the "No Parking" request of Fourth Street residents and to review the proposed Tree Preservation Ordinance. The committee directed Staff to complete a comprehensive study of the Fourth Street area including Main and James Streets, providing full Council with a recommendation for consideration within thirty days. The committee also directed Staff to investigate Tree Preservation Ordinances of other McHenry County municipalities and to provide the committee with a recommendation at their next committee meeting on June 30, 1999 at 7:00 p.m. In addition, the committee directed Staff to draft an amendment to the City of McHenry Zoning Ordinance Section 3 Paragraph K, Temporary Uses: • Incorporating language clarifying the sidewalk display and sale of bedding plants; • Requiring all Temporary Uses enumerated in Item #4 to obtain Council approval; • Develop specific approval criteria for these uses; • Increasing the maximum 90 day Temporary Use restriction to 120 days for the display and sale of nursery stock items for existing City businesses. Page 14, 1999 6/14/99 STAFF REPORTS Director of Community Development Napolitano, referencing his memo of June 10, 1999, noted responses for the Beach Drive survey have been tallied. The results are as follows: In favor of opening Beach Drive 139 Opposed to opening Beach Drive 252 Undecided 13 --, He noted several comments were submitted with the responses addressing increased traffic, traffic speed, and the negative impact on children utilizing Creekside Park. In addition, several comments referenced the need for lights on the Bull Valley arterial, now called Charles J. Miller Road. Director of Public Works Batt, referencing his memo of June 14, 1999, stated the alternative proposal regarding seal coating Judy Lane and Riverstream Drive will be addressed at the Public Works Committee Meeting scheduled for Monday, June 21 , 1999. City Administrator Lobaito referenced his memo of June 9, 1999, which informed Council of possible renovations to the fine payment center located in the McHenry Municipal Building at the court entrance. Due to the large amount of money collected in this area, security should be enhanced to prevent any burglary attempts. All of the approved changes would be at the McHenry County Circuit Clerk's expense, with all contracts, modifications, etc. approved by the City of McHenry's Building and Grounds Department. The City of McHenry has been asked to incur the cost of a panic button installation. It was the consensus of Council to authorize the expenditure for the installation of a panic button in the fine payment center and to authorize Staff to work with the Undersheriff's Department regarding security renovations in the fine payment center located in the McHenry Municipal Building at the front court Entrance. City Clerk Althoff reminded Council of the Special Mass for elected and appointed employees of all governmental units scheduled for Tuesday, June 29, 1999 at 6:30 p.m. at the Church of the Holy Apostle. NEW BUSINESS Alderman McClatchey extended a challenge to the Village of Johnsburg to formulate a team to compete against the City of McHenry in the "For the Children" fund raiser scheduled for August 22, 1999 at Petersen Park. Some discussion followed regarding the lack of available sand bags within the City of McHenry during Sunday, June 13, 1999 flooding. Alderman Glab suggested Lakeland Park Community Center be designated as a second location to obtain sand bags in addition to the City's Public Works Garage on Green Street. Alderman Murgatroyd suggested a volunteer call list be developed EXECUTIVE SESSION Motion by Murgatroyd, seconded by Glab, to go into Executive Session to discuss Personnel Issues at 1 1 :46 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 1 1 :46 p.m. Page 15 6/14/99 Motion by Baird, seconded by Bolger, to go back into Open Session at 12:15 a.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 12:15 a.m. Motion by Bolger, seconded by Murgatroyd, • to appoint John Schmitt of the City of McHenry Public Works Water Division to the position of Water Superintendent upon the retirement of Gary Gough, June 25, 1999 at 3:30 p.m. at Grade 11 , Step 7, with a starting salary of $51 ,310; • to reclassify City of McHenry Public Works Streets Division employee Steven Wirch, currently at Grade 6, Step 4, to the Water Division, Water Operator position at Grade 7A, Step 3, with a starting salary of $29,662; • to reclassify Public Works Wastewater Division employee Tom Spaeth from Grade 8 Step 9, to a Water Operator position Grade 7A, Step 10, with a starting salary of $37,453; effective upon finding replacements for their current positions. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Baird, to approve the Mayoral appointment of Michael Kostecki as McHenry Chief of Police, effective July 1 , 1999, with a starting salary of $73,000. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 12:16 a.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 12:16 a.m. MAYOR CITY CLERK