The URL can be used to link to this page

Home My WebLink AboutMinutes - 02/17/1999 - City Council REGULAR MEETING FEBRUARY 17, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, February 17, 1999 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Baird. Absent: Murgatroyd. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Chief of Police Joyce, Director of Parks and Recreation Merkel, Director of Community Development Napolitano. Absent: Director of Public Works Batt. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows: ■ Payment Request No. 1 to Curran Contracting for 1998 Street Program - $18, 031.00; ■ Resolution - McCullom Lake Road & Route 31 STP Project; ■ Riverwood's Craft Fair - Temporary Use; ■ Monthly Treasurer's Report for November 1998; ■ Approval City Council Minutes: - January 27, 1999; - February 3, 1999; ■ List of Bills for Approval: GENERAL FUND: CHECK# VENDOR NAME AMOUNT 92124 AMERICAN PLANNING ASSOC $ 479.00 92125 AMERITECH $ 308.82 92126 ANDERSON TREE SERVICE INC $ 4935.00 92127 ARROW ROAD CONST CO $ 1170.00 92128 BADGER UNIFORMS $ 1847.70 92129 THOMAS S BEYER $ 165.47 92130 BOTTS WELDING & TRK SERV $ 279.95 92131 PHILLIP E BRADY & ASSOC $ 730.00 92132 BUILDING OFFICIALS AND $ 62 .00 92133 CELLULAR ONE - CHICAGO $ 632 .19 92134 CENTEGRA OCCUPATIONAL $ 385.75 92135 CHICAGO COMMUNICATION $ 851.05 92136 SUSAN CHRISTENSEN $ 225.00 92137 COMMUNICATIONS REVOLVING $ 425.00 92138 CORPORATION FOR OPEN LAND $ 2887.67 92139 CRYSTAL MANOR STABLE $ 897.00 92140 CURRAN CONTRACTING CO $ 1047.51 92141 DIAMOND-TUFF CORP $ 469.00 92142 ED'S RENTAL & SALES INC $ 190.00 92143 EXTECH COMPANY $ 97.35 92144 FBI NAA ILLINOIS CHAPTER $ 140.00 92145 FISCHER BROS FRESH $ 464.81 92146 JEFFERY S FOERSTER $ 31.51 92147 FOXCROFT MEADOWS INC $ 44.65 92148 FOX VALLEY SYSTEMS INC $ 142.50 92149 GEORGE P FREUND INC $ 2911.11 92150 FREUND INTERNATIONAL $ 1185.20 92151 GALL'S INC $ 1124.94 92152 A J GALLAGHER RISK MGMT $ 200.00 92153 WILLIAM J GITZKE D/B/A $ 655.15 92154 BARBARA GODUTO $ 81.40 92155 GOPHER SPORT $ 32 .95 92156 PATRICK GORNIAK $ 19.95 92157 W GRAINGER INC $ 95.42 92158 DON HANSEN'S ALIGNMENT $ 35.00 92159 HEALTH PLAN MANAGEMENT $ 250.00 92160 HIGH PSI LTD $ 166.00 92161 E KELLY HOHOL $ 87.08 92162 ALICE HOWENSTEIN $ 10.00 92163 HUGHES INC $ 4973.75 92164 IAFSM $ 110.00 92165 IDEAL UNIFORM SERVICE $ 299.00 92166 INNOVATIVE PACKAGING INC $ 59.29 �- 92167 IPRA $ 25.00 92168 JEPSEN TIRE ZMT INC $ 105.00 92169 JOHN T SNELL $ 30.00 92170 VILLAGE OF JOHNSBURG $ 1889.12 92171 PATRICK J JOYCE $ 30.75 92172 LAURA JONASEN $ 91.56 92173 KAR PRODUCTS $ 508.99 92174 KIRCHNER FIRE $ 222.00 92175 GARY LANG PONTIAC- $ 309.54 92176 LEACH ENTERPRISES INC $ 341.23 92177 ANDY LECHNER $ 13 .00 92178 LETN $ 388.00 92179 LOCKER'S FLOWERS $ 229.00 92180 MANPOWER $ 397.74 92181 MAIN PAINT & DECORATING $ 69.91 February 17, 1999 Page 2 92182 RICHARD MEIER $ 23.03 92183 MELLON US LEASING $ 227.38 92184 MID-STATES ORGANIZED $ 200.00 92185 MINUTEMAN PRESS OF MCH $ 1241.58 92186 JAMES MOLNAR $ 24.41 92187 MTS SAFETY PRODUCTS INC $ 117.16 92188 MUNIMETRIX SYSTEMS CORP $ 480.00 92189 MCANDREW & CUNABAUGH $ 6800.00 92190 MCCANN CONSTRUCTION SPEC $ 131.10 92191 MCHENRY AREA CHAMBER OF $ 240.00 92192 MCHENRY COUNTY CHIEFS OF $ 70.00 92193 MCHENRY COUNTY COLLEGE $ 381.00 92194 MCHENRY COUNTY GLASS & $ 266.48 92195 MCHENRY LUMBER $ 195.83 92196 MCHENRY FIRESTONE $ 74.45 92197 MCHENRY PUBLIC LIBRARY $ 1023 .00 92198 MCHENRY COUNTY SWCD $ 995.00 92199 BRIAN J MCKEEN $ 8.00 92200 MCMASTER-CARR SUPPLY CO $ 3686.76 92201 POLICE PENSION FUND $ 1774.48 92202 NCR CORPORATION $ 175.13 92203 PACE $ 6472 .07 92204 MIKE PALMER $ 175.00 92205 POLICE CONSULTANTS INC $ 350.00 92206 Q & A REPORTING $ 595.25 92207 REX AUTO BODY $ 1025.34 92208 MATT ROGERS $ 27.04 92209 DON SCHATZ $ 150.00 92210 SECRETARY OF STATE $ 10.00 92211 SIMPLEX TIME RECORDER CO $ 691.74 92212 STATE TREASURER $ 66.05 92213 RICH STULL $ 20.35 92214 SHELLY TROST $ 18.53 92215 WAL-MART STORES INC $ 278.56 92216 WEARGUARD $ 59.95 92217 WHOLESALE DIRECT INC $ 100.67 92218 WOLF CAMERA & VIDEO $ 134.95 92219 ZIKA'S INC $ 920.00 92220 ZUKOWSKI ROGERS FLOOD & $ 5547.90 92221 ARNOLD, SANDY $ 38.00 92222 CLARK, CINDY $ 40.00 92223 DANNEHY, MARIAN $ 89.00 92224 EMERY, JANE $ 38.00 92225 FREUND, LEODA $ 89.00 92226 HOFFMAN, HERBERT $ 178.00 92227 HSU, GRACE $ 40.00 92228 HORVATH, COLLEEN $ 25.00 92229 HEINZ, BONNIE $ 66.00 92230 LANDMARK OUTDOOR $ 30.00 92231 LANGLOIS, HEATHER $ 40.00 92232 MATTOON, MARY $ 38.00 92233 MEFFORD, KATHLEEN $ 28.00 92234 MOORE, MARGE $ 58.00 92235 MUND, JODI $ 28.00 92236 MYERS, GAIL $ 94.00 92237 MERLIN MUFFLER $ 30.00 92238 NAESAA $ 35.00 92239 PARK, JOHN $ 178.00 92240 SMITH, NANCY $ 178.00 92241 SEARS, DIANE $ 38.00 92242 SREDNICKI, JANE $ 28.00 92243 SYMANTEC CORPORATION $ 99.95 92244 THOMPSON, JIM $ 178.00 92245 WEBER, DIANNA $ 76.00 Report Totals 72394.15 WATER SEWER FUND: CHECK# VENDOR NAME AMOUNT 14890 AMERITECH $ 544.88 14891 DEZURIK $ 353 .78 14892 FREUND INTERNATIONAL $ 208.95 _ 14893 G C ENTERPRISES INC $ 700.75 14894 GUNDERSON & SON $ 65.00 14895 DON HANSEN'S ALIGNMENT $ 45.00 14896 HARDWARE SERVICE CO $ 368.03 14897 HYDRA-STOP INC $ 1358.65 14898 JEPSEN TIRE ZMT INC $ 505.38 14899 LEACH ENTERPRISES INC $ 79.96 14900 MARBLEHEAD LIME COMPANY $ 1964.85 14901 ANDY WALTER $ 44.05 14902 MELLON US LEASING $ 56.82 14903 MEYER MATERIAL COMPANY $ 329.56 14904 MIDWEST METER INC $ 9714.60 14905 MID AMERICAN WATER OF $ 545.48 14906 A C MCCARTNEY FARM EQUIP $ 403 .68 14907 MCHENRY ANALYTICAL WATER $ 467.00 14906 MCMASTER-CARR SUPPLY CO $ 662.92 14909 EMPLOYEE INSURANCE $ 7301.00 14910 UNDERGROUND PIPE & VALVE $ 590.00 February 17, 1999 Page 3 14911 WATER SOLUTIONS UNLIMITED $ 5720.00 14912 WOODLAND RECYCLING & $ 6266.25 14913 ZEE MEDICAL SERVICE CO $ 35.40 Report Totals 38331.99 MOTOR FUEL TAX FUND: CHECK# VENDOR NAME AMOUNT 22000546 IMC SALT INC $ 30711.66 Report Totals 30711.66 Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. VARIANCE TO MUNICIPAL CODE - MASSAGE AND BATH PARLORS Applicant Lisa Maire was in attendance. Staff informed Council Ms. Maire is requesting Council approval to open a body wrapping business in the Mill Pond Court Shopping Center, zoned C5. The business is categorized as a health club, which is permitted in zoning districts C3, C4 and C5. However, as Section 14-53 of the McHenry Municipal Code prohibits physical contact with persons of the opposite sex, and both men and women employees of the body wrapping business would be applying wraps to customers of the opposite sex, Ms. Maire is requesting a variance to permit the operation of her body wrapping business. Staff noted Council, in October of 1996, granted a similar variance for a massage therapy business at 5000 West Elm Street. At this time, Council discussed at length the need to amend Section 14-53 of the McHenry Municipal Code. No formal action was taken. In response to Council inquiry, Ms. Maire stated no nudity is involved in the body wrapping process. Both men and women are dressed in underwear, bathing attire or sports wear when wrapped. She also explained clients choose to undergo body wrapping, as it is environmentally safe, provides immediate shaping and toning results, and assists with the elimination of cellulite. Clients are wrapped in the privacy of individual dressing rooms. Alderman Glab suggested approval of the variance be subject to the prohibition of nudity. Motion by McClatchey, seconded by Baird, to grant Lisa Maire a variance to Municipal Code Section 14-53 to permit the operation of a body wrapping business in the Mill Pond Court Shopping Center located at 3724 West Elm Street, McHenry, Illinois, subject to the inclusion of language prohibiting nudity of any kind on the premises. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. VARIANCE TO MUNICIPAL CODE - FENCES Applicant John Smith was in attendance. Staff reported Mr. Smith is requesting variances to allow a temporary farm style fence and to allow a permanent picket fence within the required front yard setback for his newly-acquired six-acre parcel of property located at 200 South Green Street. Mr. Smith stated the reasons he is requesting the variances are: • For security purposes during his home construction; • The cost of fencing his entire property with either split rail or a vinyl picket fence is in excess of $25,000; • A wire farm fence has been in place surrounding the property for several years. Mr. Smith is also proposing to install a white vinyl picket fence along the Green Street frontage and along the west 100 feet of the north property line. Staff informed Council current City of McHenry ordinance permits only a split rail fence in the front yard. Staff has opined the retention of the farm style wire mesh fence for the proposed five-year period would not pose any problems. In addition, the vinyl February 17, 1999 Page 4 white picket fence along Green Street would be aesthetically pleasing and does not impact vehicular sight lines. Staff also noted Council had previously granted fence variances for front and corner sideyard setbacks, but has required a five foot setback from sidewalks. Alderman Baird requested clarification regarding verbal comments he had received regarding the removal of trees and mulberry bushes from area residents living on adjacent Turnberry Avenue. Mr. Smith explained the plantings removed were in fact on his property and were replaced with 32 red maple trees with a four inch truck diameter. He did note his fence sub-contractor had erroneously trespassed on adjacent private property, however, apologies and offers of restitution have been made. Some discussion followed regarding the proposed five year term for the farm style wire mesh fence. Motion by Bolger, seconded by McClatchey, to grant variances for the installation of a farm style wire mesh fence along the north, south and east lot lines of 200 south Green Street for a period of no more than five years from the issuance of the fence permit; and to permit a vinyl white picket fence within the required front yard setback along the Green Street lot line and along the west 100 feet of the north property line. Voting Aye: Bolger, McClatchey, Cuda. Voting Nay: Glab, Baird. Absent: Murgatroyd. Motion carried. REQUEST FOR SIGN VARIANCE - COUNTRY JEEP/EAGLE Applicant Terry Upton, President of Country Jeep/Eagle Dealership, was in attendance. Staff informed Council Mr. Upton was requesting permission to install banners on existing light poles at his Jeep Eagle Dealership located at 3017 West Route 120. Mr. Upton is proposing the installation of banners, two each, on sixteen existing light poles. The proposed banners would be eight square feet each for a total of 16 square feet on each light pole. The banners would advertise Country on one side and a -- car model type on the other. Mr. Upton is requesting the banners be permitted for the entire model year. Currently the Jeep Eagle Dealership has one 120 square foot free standing sign on the site, and one 39 square foot wall sign. Current City of McHenry sign ordinance permits one free standing sign with a 200 square foot maximum, and two wall signs with a 217.5 square foot maximum. Council has previously granted the following variances to other vehicle dealerships: Date Business Number Size 4/96 Sunnyside Dodge 9 banners 24 SF each 4/96 McHenry Auto Sales 3 banners 25 SF each 3/93 Mitchell Buick 4 banners 25 SF each 3/93 Buss Ford 4 banners 25 SF each. Staff is recommending eight banners, each not-to-exceed 16 square feet, be allowed. Mr. Upton, noting the significant size of the dealership lot, requested Council consider his original request for two banners on each of the sixteen light poles. Some discussion followed. Mr. Upton offered a compromise of one banner on each of the sixteen light poles. Further discussion ensued with Council proposing two banners on each of eight light poles. Staff noted eight of the light poles extended across the front of the dealership lot along State Route 120. The remaining eight light poles are located _ within the lot's interior configuration. Motion by Glab, seconded by Bolger, to grant a variance to Country Jeep/Eagle Dealership, located at 3017 West Route 120, to permit one banner on each of sixteen light poles, not-to-exceed eight square feet per banner. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. February 17, 1999 Page 5 APPROVE AND AUTHORIZE EXECUTION OF COMPUTER SOFTWARE SERVICES AGREEMENT - COMPUTER MANAGEMENT SERVICES INC. City Clerk Althoff reported the software agreement with software vendor Computer Management Services, Inc. of Ames, Iowa, is being presented for Council consideration. The proposed agreement covers the purchase and installation of Y2K Compliant Software Programs, conversion of current data files, configuration of the new operating network, and training. The contract amount is $29,562 and requires a 25%, $7,390, downpayment. Tentative conversion schedule is March 16th through March 19th, and again, March 24th through March 26th. The visits facilitate conversion coordination with City of McHenry payroll and utility billing cycles. City Clerk Althoff also noted the total cost of the computer upgrade will be $47,000. Although $5,000 over budget, $1 ,700 is directly attributable to the inclusion of an additional work station for the Assistant Administrator, which was anticipated, but budgeted as a separate $3,000 line item. The remaining cost is attributable to the inclusion of new word processing and data base software, which is more compatible with the new operating system and works well with the upgraded software programs. City Attorney McArdle noted, although he had reviewed and revised the contract, he recommended Council approve the contract subject to his negotiations with the software provider. Motion by Bolger, seconded by Baird, to approve and authorize the Mayor's execution of the Software Services Agreement with Computer Management Services Inc. of Ames, Iowa, as approved by City Attorney McArdle, in an amount not-to-exceed $29,562, inclusive of the downpayment in the amount of $7,390. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. APPROVE AND AUTHORIZE EXECUTION OF ENGINEERING SERVICES AGREEMENT WITH BAXTER AND WOODMAN - ELEVATED WATER STORAGE TANK NO. 3 Carl Moon, a representative of the City's Engineering firm, Baxter and Woodman, was in attendance. City Administrator Lobaito informed Council monies had been budgeted for the design of two elevated water storage tanks. Staff has delayed pursuing an engineering agreement for the design of an elevated water storage tank, as no location has been selected. Resolution of the Diedrich Property Annexation would have narrowed site selection for the placement of an elevated water storage tank. As the Diedrich Property Annexation has not yet been approved, it is Staff's recommendation Council consider entering into an Engineering Services Agreement with City Engineering firm Baxter and Woodman to design a 750,000 gallon elevated water storage tank. In response to Alderman Bolger's comments regarding the apparent excessive cost, Baxter and Woodman representative Carl Moon explained, in addition to elevated tank design, the Engineering Services Agreement provides the following services: ■ IEPA submittal; ■ An opinion of probable cost; ■ Construction contract documents; ■ Assistance with solicitation of bids; ■ Analysis of bids; ■ Subsequent recommendation for award of construction contract; ■ Site selection assistance. Mr. Moon also noted some of the work is site specific, other work is boiler plate, and can be completed immediately. In response to Alderman Baird's inquiry, Mr. Moon noted additional costs might include legal descriptions, plat and property surveys, soil borings, and fees for geotechnical consultants and lab services. Some discussion followed. February 17, 1999 Page 6 In response to Council inquiry, Staff noted a significant time lag exists between engineering and final construction of an elevated storage tank, due to Illinois Environmental Protection Agency (IEPA) approval, as well as bid submission time frames. It might be one full year between engineering and commissioning. Further discussion occurred regarding final site selection. Mayor Cuda reminded Council the Richard and Rita Adams Annexation Agreement reserves a site for a well or an elevated water storage tower. In response to Alderman Baird's inquiry regarding the cost associated with extending water services east of the Fox River, Baxter and Woodman representative Carl —' Moon stated information regarding this issue will be forthcoming. City Administrator Lobaito noted this information will be provided Council upon receipt. It was the consensus of Council to postpone entering into an Engineering Services Agreement with City Engineering firm Baxter and Woodman for the design of a 750,000 gallon elevated water storage tank. ALLEN AVENUE PARKING RESTRICTIONS Allen Avenue resident Joe Gausden was in attendance. Chief of Police Joyce reported Mr. Gausden had circulated a petition requesting an ordinance be passed creating "No Parking on School Days Between the Hours of 8:00 a.m. and 4:00 p.m." on Allen Avenue. One hundred percent of the property owners and ninety-four percent of the registered voters on Allen Avenue have executed the petition. The petition has been submitted and made part of the official record of this evening's regularly scheduled Council Meeting. Allen Avenue is located just southeast of East Campus High School between Green and John Streets. Currently, Allen Avenue has a two hour parking restriction. Mr. Gausden explained Allen Avenue residents are experiencing problems associated with high school students parking on Allen Avenue, specifically garbage left on lawns, blocking of driveways, lack of available parking for -- visitors, etc. Chief Joyce also noted Allen Avenue is a narrow street, and permitting parking on both sides further restricts traffic flow. Motion by McClatchey, seconded by Baird, to pass an ordinance creating "No Parking on School Days Between the Hours of 8:00 a.m. and 4:00 p.m. " on Allen Avenue. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported he had scheduled a meeting with McHenry County Acting Transportation Superintendent James Stahlaecker and the Pacinin' engineer to discuss the West McHenry Bypass configuration. As the Pacinis have expressed an interest in developing their south State Route 31 parcel, and tentative West McHenry Bypass road plans traverse this parcel, possible road configurations need to be addressed with all parties. Mayor Cuda also noted the latest copy of the proposed Diedrich Annexation — Agreement has been provided Council. He stated, although no substantive changes have occurred, Council should review the language clarifications on page 6, paragraph C, and page 7, paragraph D. Paragraph C addresses the $350,000 payment toward the elevated storage tank on the Adams Property, and Paragraph D addresses the availability of a Recapture Agreement for McHenry Elementary School District 15 and/or McHenry High School District 156. Copies of the proposed draft Diedrich Annexation Agreement have been sent to McHenry Elementary School District 15 and McHenry High School District 156 for review and comment. COMMITTEE REPORTS There were no Committee Reports. February 17, 1999 Page 7 STAFF REPORTS Director of Community Development Napolitano requested council consider scheduling a Committee of the Whole Meeting to discuss the Updated Comprehensive Plan. Some discussion followed. It was the consensus of Council to schedule a Committee of the Whole Meeting for Monday, March 8, 1999 to discuss the Comprehensive Plan Update Draft. Director of Parks and Recreation Merkel reminded Council the Annual Scheduling Meeting for all ball leagues located within the City of McHenry has been set for Tuesday, February 23, 1999 at 7:00 p.m. Chief of Police Joyce noted Council had been provided a copy of the 1998-1999 Annual City of McHenry Police Department Report. He noted goals for the 1999-2000 year have not been developed. He suggested these goals be established by the newly- hired Chief of Police. NEW BUSINESS There was no New Business. EXECUTIVE SESSION Motion by Glab, seconded by Baird, to go into Executive Session at 8:24 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried. Council went into Executive Session at 8:24 p.m. Motion by McClatchey, seconded by Baird, to go back into Open Session at 8:45 p.m. Voting Aye: Glab, McClatchey, Baird. Voting Nay: None. Absent: Bolger, Murgatroyd. Motion carried. Council went back into Open Session at 8:45 p.m. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn at 8:46 p.m. Voting Aye: Glab, McClatchey, Baird. Voting Nay: None. Absent: Bolger, Murgatroyd. Motion carried. The Meeting was adjourned at 8:46 p.m. CITI CLERK MAYOR