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HomeMy WebLinkAboutMinutes - 03/31/1999 - City Council REGULAR MEETING MARCH 31, 1999 The Regular Meeting of the McHenry City Council was called to order by Deputy Clerk Kunzer at 7:30 P.M. on Wednesday, March 31 , 1999 in the Council Chambers of the Municipal Center. In the absence of Mayor Cuda, Deputy Clerk Kunzer requested Council elect a Mayor Pro Tem to conduct this evening's regularly scheduled Council Meeting. Motion by Glab, seconded by McClatchey, to elect Senior Alderman Bolger to conduct this evening's regularly scheduled City Council Meeting in the absence of Mayor Cuda. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Not Voting: Bolger. Motion carried. Alderman Bolger took his place as Mayor Pro Tem. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd, Baird. Absent: Mayor Cuda City Staff in attendance were: City Administrator Lobaito, Deputy Clerk Kunzer, Attorney Melissa Cooney repressenting City Attorney Zukowski, Rogers, Flood and McArdle, Chief of Police Erkenswick, Director of Public Works Batt, Director of Community Development Napolitano. Absent:: City Attorney McArdle, City Clerk Althoff, Director of Parks and Recreation Merkel. TEN MINUTE PUBLIC INPUT SESSION Patricia Elio of 810 North Center Street, addressed Council regarding the garages constructed on the Southgate Apartment property adjacent to Center Street. Ms. Elio stated she has talked with Staff regarding the unsightliness of the property since the garages have been constructed. The landlord is leasing the garage storage space to the public. She noted this is a residential neighborhood where commercial enterprise is not permitted. Those who utilize the storage garages are entering and leaving off Center Street, which is prohibited by a previously enacted ordinance. Ms. Elio stated the fencing erected on the perimeter is also in violation of city ordinance as it is barbed wire. Ms. Elio noted several Southgate tenants have most of the garages have been rented for storage and are not being used by the Southgate tenants. In closing, Ms. Elio asked Council to assist in remedying the situation. Kelly Mathieson of 804 Center Street, addressed Council stating her opposition to the public use of the garages for the Southgate Apartments. She noted her driveway is being used by persons entering the garages. Ms. Mathieson stated the Southgate Apartment property looks unsightly. There is little or no landscaping. In response to City Administrator Lobaito's inquiry, Ms. Mathieson stated access is being made to the garages through an opening in the fence. Mrs. Mathieson noted vehicles are entering the garages directly from Center Street. Director of Community Development Napolitano informed Council building permits for the garages were obtained following review by Staff. He noted Cunat Brothers, who own the property, have a Temporary Occupancy for the garages on the site. The Temporary Occupancy expires on June 1st, by which time the three remaining issues must be brought into compliance. The outstanding issues are: ■ Lighting of the parking area; ■ Residential screening strip; ■ Fencing. Director Napolitano stated he sent the Cunats a letter on March 151h advising them the independent rental of the garages is not permitted. He stated his belief the issued has been resolved. Page 2 March 31 , 1999 Alderman Glab requested Staff provide a report within two weeks citing potential remedies to the situation. CONSENT AGENDA Motion by Baird, seconded by Glab, to approve the Consent Agenda as follows: ■ City Council Minutes: ■ March 8, 1999 Committee of the Whole Meeting; --, ■ March 17, 1999 Regular City Council Meeting; ■ Resolution: Support Extension of Sanitary Sewer Service to the Village of McCullom Lake; ■ Resolution: Declaring April 4th through April 10th 1999 International Building Safety Week; ■ Ordinance: Granting minor variance to 1602 Riverside Drive; ■ Bills for Approval. GENERAL FUND: ADAMS STEEL SERVICE INC 406. 83 ADOLPH KIEFER & ASSOC 3, 536.00 ADVANTAGE COMPUTER SUPPL 291.80 AERIAL EQUIPMENT INC 84 .56 AFLAC 1, 064 . 96 ALEXANDER LUMBER CO 97. 90 AMER ACADEMIC SUPPLIERS 84 . 66 AMERICAN PLANNING ASSOC 337. 95 AMERICAN RED CROSS 505.50 AMERICAN WATER WORKS ASS 102. 60 ARROW ROAD CONST CO 288.75 BJORKMAN'S ACE HARDWARE 978 .54 BRUCE HARRIS & ASSOC INC 16.50 CAPITAL DEVELOPMENT 83, 367.00 CDW COMPUTER CENTERS INC 10, 618. 69 CINDY JERDEN 89.87 _ CONTRACTING & MATERIAL C 3, 820.85 CRYSTAL MANOR STABLE 690.00 DMG-MAXIMUS INC 100.00 DRESS BARN 30.00 FARM & FLEET 144 . 99 GERSTAD BUILDERS 30.00 ILGISA 25.00 ILLINOIS FIRE & POLICE 250.00 ILLINOIS MUNICIPAL 4, 892.27 ILLINOIS MUNICIPAL LEAGU 5.00 INTERNATIONAL ASSOCIATIO 60.00 JOAN FREUND 15.00 JOSEPH NAPOLITANO 10.80 JULIE BOELTER 165. 15 KATHLEEN KUNZER 160.20 KING DEVELOPERS INC 30.00 LAURA LAGUNAS 30.00 LETN 388.00 LILLIAN CAIRNS 15.00 LTD COMMONDITIES 784 .41 LYNN C WAGNER 270.00 MARIO DOMINGUEZ 10.00 MARJORIE GLOW 101. 10 MCHENRY AUTO PARTS 1, 378 .03 MCHENRY FAVORITE SPORT C 136.00 MCHENRY POLICE OFFICERS 854 .50 MIA SZAMLEWSKI 36.30 MIKE MEIER & SON FENCE M 6, 565.00 NANCY LORCH 72. 17 NATIONAL GUARDIAN LIFE 74 .40 NORTH CENTRAL ILLINOIS 900.00 PHILLIP E BRADY & ASSOC 995.00 PHILLIP MAGGIO 11.80 POSTMASTER MCHENRY IL 100.00 RICH STULL 24 .33 ROSEMARY SWIERK 250.00 SEARS 109. 62 SHARON WEAVER 101.10 SKILLPATH SEMINARS 217.00 SUE ROBERTSON 43.51 SUSAN CHRISTENSEN 287.50 TEAMSTERS LOCAL 301 2, 276.00 TJ CONEVERA'S INC 344.00 TRANSMATIC TRANSMISSION 705.00 UNITED STATES POSTAL SER 1,200.00 UNITED WAY 140.00 Page 3 March 31 , 1999 WASTE MANAGEMENT NORTH 3, 420.00 WATER/SEWER FUND 14,225.00 WEARGUARD 503.42 ZUKOWSKI ROGERS FLOOD & 7, 034 . 90 RETIREMENT FUND ILLINOIS MUNICIPAL 9, 719.22 WATER SEWER FUND ALEXANDER CHEMICAL CORP 623.00 ALEXANDER LUMBER CO 99.73 AQUAPREP 4, 455.00 BJORKMAN'S ACE HARDWARE 640. 95 GARY GOUGH 73. 97 MCHENRY AUTO PARTS 208.02 UNITED STATES POSTAL SER 300.00 WOODLAND RECYCLING & 9, 190.50 FUND TOTALS 01 GENERAL FUND 155, 904.46 10 RETIREMENT FUND 9,719.22 51 WATER SEWER FUND 15,591. 17 **** 181,214 .85 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST TO AMEND CONDITIONAL USE — MCHENRY VILLA — 3516 WEST WAUKEGAN ROAD Maureen Annamaree, Owner and Operator of McHenry Villa, and Attorney Bernard V. Narusis, were in attendance. Attorney Narusis stated the City Council has been provided with correspondence he sent to the Mayor requesting an amendment to the existing conditional use for the McHenry Villa property located at 3516 West Waukegan Road. Mr. Naursis informed Council his client is seeking an amendment which would permit a reduction in the required number of parking spaces from 118 to 46. The 118 parking spaces were required in the ordinance granting the Conditional Use in1985. At that time the proposed use of congregate care was not defined in the City of McHenry Zoning Ordinance, and parking needs were an unknown entity for this use. Council at that time chose to be conservative in estimating the parking needs of a congregate care facility and required the 118 parking spaces. Mr. Narusis informed Council Staff has done a study of actual weekday parking lot usage and determined there is not a need for 118 parking spaces. In addition, his client, McHenry Villa, has completed a study of weekend parking lot use. A summary of the findings was distributed to Council prior to this evening's meeting. In conclusion, Mr. Narusis stated the number of parking spaces being requested, 46, was derived based upon the requirements for a nursing facility which represents the use which most closely compares to a congregate care facility. In response to Council inquiry, Mr. Narusis stated the property owner to the east would like to develop the property and would like to expand the development by purchasing a portion of the parking lot which would reduce the number of available parking spaces for McHenry Villa. He responded the proposed use for the property to the east is multi-family, pending zoning reclassification from office district by the City of McHenry. In response to an inquiry by Alderman McClatchey, Ms. Annamaree said there would be approximately 20 rental units in the multi-family project. In response to an inquiry by Alderman Glab, City Administrator Lobaito stated if the congregate care use ceased to exist, the new use would be obligated to meet all parking requirements or appear before council to seek a variance. He stated the number of parking spaces required is determined by the use. Alderman Glab opined he did not want to see the available parking reduced and was not in favor of multi-family zoning adjacent to the high school. Page 4 March 31 , 1999 Alderman Murgatroyd stated since the multi-family project and the parking variance are inter-related, he believed the matter should first be reviewed by the Zoning Board of Appeals. He noted if the Council were to grant the parking variance, the Zoning Board might feel obligated to approve the rezoning from office to multi-family. Alderman Baird stated his concurrence with requiring review by the Zoning Board prior to City Council action. Attorney Narusis opined even though there appears to be a connection between the parking variance and the potential multi-family project, each issue could be considered independently. Motion by Baird, seconded by Glab, to defer action on the request for an amendment to the Conditional Use for McHenry Villa located at 3516 West Waukegan Road, and to direct the Applicant to file a Petition for relief before the Zoning Board of Appeals. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: Bolger. Absent: None. Motion carried. APPROVAL TCI FRANCHISE AGREEMENT John Higgins and Anne Meyer of TCI of Illinois, Inc., were in attendance. City Administrator Lobaito informed Council agreement has been reached regarding the terms of the franchise agreement between TCI of Illinois Inc. representatives and the City of McHenry. There were five outstanding issued following the Council Meeting on February 10, 1999: ■ 5% upper limit to Franchise Fee. To set the Franchise Fee at 3% with potential raise it to 5% at any time during the term of the Agreement; ■ Amortize the $35,000 payment from TCI for the length of the Agreement (ten years); ■ Franchise Fees related to revenue not derived from subscribers should not be charged to subscribers; ■ Late fees assessed — both the amount and cycle were in dispute; ■ At least one English-speaking person on all construction crews. Alderman Baird expressed his disappointment on the resolution to issues #3 and #4. He stated he could not support the Agreement unless these issues were resolved to the City's benefit. He opined the onus should be on TCI to pay the franchise fees and not be dependent upon the City raising property taxes. He noted this would not be beneficial to the citizens of McHenry. City residents should not be required to pay taxes on revenue created by advertising sales. Alderman McClatchey stated, while he supported the Agreement, he wanted assurances TO would improve customer service and public relations with City of McHenry residents who file complaints. Alderman Murgatroyd asked for clarification with regard to Issue #3, and TCI's policy regarding taxing residents on revenue created by advertising sales. Mr. Higgins responded federal law allows the municipality to negotiate a fee of up to 5% of all revenues generated by the use of the municipality's right-of-way. He noted TCI is not imposing any taxes on cable customers. TCI is a collection agency for City franchise fees. Alderman Glab stated TCI is not a collection agency for the City of McHenry. TO is involved in commercial enterprise in which they make money by using the City's right- of-way. Alderman Murgatroyd asked what system is in place to assure customer service satisfaction. Mr. Higgins responded customer service standards have been included in the Page 5 March 31 , 1999 Agreement. Any violations of the Agreement would be subject to liquidation damages of between $50 and $500 per day. Mr. Higgins informed Council 90% of phone calls within the past month have been handled within 30 seconds of first ring. City Administrator Lobaito noted the City determines the amount of liquidation damages to be assessed to TO in the event of a violation of the terms of the Agreement. Alderman Glab opined TCI's response to Issue #5 is not concrete. He stated TO must guarantee an English-speaking person on each construction crew. To promise to "try" is not acceptable. A lengthy discussion followed. Mr. Higgins stated if his legal counsel approves the inclusion of this clause, he would insert it into the Agreement Alderman McClatchey requested TO report on an annual basis during the terms of the Agreement on the status of its operation in the City. This report should be mandatory and included in the terms of the Agreement. Motion by McClatchey, seconded by Murgatroyd, to direct Staff to draft an enabling ordinance authorizing the Mayor and City Clerk's execution of the TO Franchise Agreement for a term of ten years, subject to the inclusion of the following: ■ Provide for an annual report/presentation to the City Council of the status of the TO operation in the City; ■ Specific language indicating there must be at least one English-speaking person in each construction crew in the City. Discussion on the motion: Alderman Baird requested a modification of the required payment of a $5 late fee 40 days after the bill is mailed. He stated he will not support the motion due to the unfavorable resolution to Issues #3 and #4. Ms. Meyer stated TO has concluded the installation of the 750mh cabling. In the future, it will be upgraded to 860mh which will be done electronically. In addition, TO currently has agreements with other utilities to joint trench, eliminating many of the complaints regarding property restoration following cable installation. Vote on the motion: Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Voting Nay: Baird. Absent: None. Motion carried. PERMISSION TO ADVERTISE SALE OF PROPERTY - 1115 NORTH RIVER ROAD City Administrator Lobaito informed Council a contract has been drafted with a local realtor at Century 21 Care Realty. If approved by Council, the property located at 1115 North River Road would be placed on the market the first part of May. The asking price will be $195,000. The tenant has been notified of the termination of the lease. The property is to be vacated by April 151h. A resolution has been provided to Council authorizing the advertisement of the sale of surplus City property. The resolution must be published in the newspaper. City Administrator Lobaito stated the action requested of Council this evening includes: ■ Motion to approve the termination of the lease with the tenant at 1115 North River Road; ■ Motion to authorize Mayor and City Clerk's execution of a real estate contract between the City of McHenry and Dennis Drake of Century 21 Care Real Estate for the right to sell surplus City property located at 1 1 15 North River Road; ■ Motion to pass and approve the resolution authorizing the advertisement of the sale of surplus City property located at 1115 North River Road. In response Alderman Glab's inquiry, City Administrator Lobaito noted the difference Page 6 March 31 , 19999 in percentage of commission relates to whether the listing agent sells the property or another agent in the agent's office actually sells the property. In order to generate interest in agents working on the active sale of the property, they must see monetary gain for their efforts. Motion by Glab, seconded by Murgatroyd, to authorize the Mayor's termination of the least with the tenant of the property located at 1 115 North River Road, and that the subject property be vacated by April 15, 1999. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Baird, to authorize the Mayor and City Clerk's execution of the Exclusive Right to Sell Agreement between the City of McHenry and Dennis Drake of Century 21 Care Real Estate for the surplus City property located at 1 115 North River Road. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Baird, to pass and approve a resolution authorizing the advertisement of the sale of surplus City property located at 1 1 15 North River Road, and directing Staff to publish the resolution in the local newspaper. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS There was no Mayor Statement or Report. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Baird reminded Council of the Parks and Recreation Committee Meeting on Monday, April 51h at 7:00 p.m. STAFF REPORTS Director of Community Development Napolitano announced Staff is working on a new draft of a tree preservation ordinance. A copy will be sent out to developers and City Council for review and/or input. Alderman Bolger commended the Community Development Department for the manner the Center Street garage issue has been handled to date. Director of Public Works Batt advised Council he had received a verbal resignation _ from a member of the Street Division. He asked Council to authorize advertisement to fill the vacated position. Motion by McClatchey, seconded by Glab, to authorize Staff to advertise for the newly vacated position of Street Maintenance Worker. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 7 March 31 , 1999 City Administrator Lobaito referencing his memo regarding the Parks and Recreation Brochure, asked Council for direction in making final payment to Quality Graphics. He noted the second lowest quote was $13,897.00. The amount actually paid for the printing of the brochures was $9,575.00. The difference between the second lowest quote and the amount actually paid is $4,322.00. A brief discussion ensued. Motion by Murgatroyd, seconded by Baird, to authorize payment in the amount of $4,322.00 to Quality Graphics for printing one Parks and Recreation seasonal brochure. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. NEW BUSINESS Alderman McClatchey asked Chief Erkenswick to add the Bike Path to the regular patrol routes. Chief Erkenswick noted Sergeant Jenkins has been assigned to this detail and has already initiated meetings with the rescue squad and other pertinent personnel. Alderman Bolger informed Staff there is a Maple tree rotting in the City parkway on the corner of Green and John Street. He asked that Staff investigate the removal of this tree. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:53 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:53 p.m. �u' 1 � "61� 9 '' 1 DEPUTY CLERK MAY R PRO TEM