HomeMy WebLinkAboutMinutes - 11/13/1996 - City Council (2) REGULAR MEETING
NOVEMBER 13, 1996
` The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, November 13, 1996 at 7:30 P.M. in the Council
Chambers of the Municipal Center. At roll call the following Aldermen were present:
Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance were:
City Clerk Althoff, City Attorney McArdle, City Administrator Jordan, Director of
Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and
Recreation Merkel, Chief of Police Joyce. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
Bryan Johnson addressed Council informing them of the raw sewage backup
! experienced in his mother's home located at 503 N. Green Street on Monday,
November 11, 1996. He requested Council investigate this problem thoroughly to
prevent its reoccurrence.
Mr. Raymond Steege of 501 N. Green Street echoed Mr. Johnson's concerns
and also requested further investigation. Mayor Cuda stated the City of McHenry's
claims administrator was actively investigating the claim and offered Mr. Johnson City
assistance with the clean-up.
CONSENT AGENDA
City Clerk Althoff noted Item No. 2: McHenry Area Chamber of Commerce
Request for Waiver of Fees and Use of Petersen Park for the Annual Country Meadows
Craft Show, incorrectly stated the date of September 21 St. The McHenry Area
Chamber of Commerce has contacted the City of McHenry stating the date requested
for use of Petersen Park for the Annual Country Meadows Craft is, in reality, Sunday,
September 14, 1997.
In response to Alderman Bates' inquiry, City Administrator Jordan satisfactorily
clarified the payment of annual membership dues to the Northeastern Illinois Planning
Commission. City Clerk Althoff provided, at Alderman Bates' request, specific invoice
information for selected Baxter & Woodman charges.
Motion by Lawson, seconded by Bolger, to approve the Consent Agenda as
follows, subject to the amendment of the Country Meadows Craft Show from
September 21 , 1997 to September 14, 1997:
(1 ) October 30, 1996 Regular City Council Meeting Minutes;
(2) McHenry Area Chamber of Commerce Request for Waiver of Fees and
Use of Petersen Park for Annual Country Meadows Craft Show;
(3) Tuition Reimbursement Request - Susan Christensen: Principles of
Finance and Human Relations in Business, totaling $241 .00;
(4) List of Bills for Approval as follows:
General Fund
84441 ACME BRICK & SUPPLY CO $ 416.00
84442 ADAMS AIR & RADIATOR SERV $ 75.50
84443 ADVANTAGE COMPUTER SUPPLY $ 69.28
84444 AERIAL EQUIPMENT INC $ 72.00
84445 AHLBORN EQUIPMENT INC $ 55.31
84446 AMERICAN PLANNING ASSOC $ 220.00
84447 ARROW UNIFORM RENTAL INC $ 174.24
84448 AUTO TECH CENTERS INC $ 384.88
84449 PETER BAKER & SON CO $ 30.45
84450 BAXTER & WOODMAN $ 2143.95
84451 BECKER BEEPER $ 139.05
`- 84452 PAT BORCOVAN $ 74.72
84453 BOTTS WELDING & TRK SERV $ 35.20
84454 PHILLIP E BRADY & ASSOC $ 700.00
84455 BUILDERS PLUMBING SUPPLY $ 85.60
84456 CREATIVE FORMS $ 255.00
84457 ARTHUR J GALLAGHER & CO $ 50.00
84458 PATRICK J JOYCE $ 95.51
84459 KATHLEEN KUNZER $ 300.00
84460 GARY LANG PONTIAC- $ 84.46
84461 LETN $ 388.00
84462 LIBERTY FLAG & SPECIALTY $ 83.74
84463 MINUTEMAN PRESS OF MCH $ 150.00
84464 LAURA MOATS $ 19.70
84465 THOMAS MCCARTHY $ 903.00
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November 13, 1996 Page 2
General Fund (cont,d)
84466 MCHENRY COUNTY GLASS & $ 226.50
84467 NORTHEASTERN ILLINOIS $ 1181.00
84468 MIKE OWSLEY $ 59.36
64469 KRISTINE PAPROCKI $ 41.62
84470 PRECISION SHARPENING & $ 166.00
84471 REILLY GRAHAM MCANDREWS & $ 5600.00
84472 REX AUTO BODY $ 416.50
84473 RIVERSIDE BAKE SHOP $ 19.44
84474 ROC CONSTRUCTION SUPPLY $ 67.50
84475 ROCKFORD INDUSTRIAL $ 90.55
84476 R & S DISTRIBUTORS INC $ 329.80
84477 R & T SPECIALTY INC $ 307.26
84478 SAM'S CLUB $ 146.00
84479 SCAN-AM $ 261.20
84480 SELECT BEVERAGES INC $ 102.00
84481 SHERMAN PLUMBING & HEAT $ 1861.51
84482 SUMMERS PORTABLE TOILETS $ 293.25
84483 UNITED LABORATORIES $ 174.37
84484 UNITED PARCEL SERVICE $ 16 .66
84485 WAL-MART STORES INC $ 159.52
84486 WEARGUARD $ 171.17
84487 WORKING WORLD STAFFING $ 382.40
84488 ZUKOWSKI ROGERS FLOOD & $ 11680.40
Report Totals 30759.60
Water/Sewer Fund
13037 ALEXANDER LUMBER CO $ 4.42
13038 AMERICAN NATIONAL BANK & $ 500.00
13039 AQUAPREP $ 4455.00
13040 ARROW UNIFORM RENTAL INC $ 257.40
13041 BAXTER & WOODMAN $ 32872.55
13042 BECKER BEEPER $ 77.25
13043 BEST WAY TOWING $ 50.00
13044 D'ANGELO NATURAL SPRING $ 48.80
13045 GLUTH BROS CONSTRUCTION $ 984.20
13046 INLAND MECHANICAL SERVICE $ 167.00
13047 GARY LANG PONTIAC- $ 25.17
13048 PORTABLE TOOL SALES & $ 297.77
13049 RELIANCE SAFETY EQUIPMENT $ 382 .57
13050 ROWELL CHEMICAL CORP $ 2629.08
13051 SIDENER SUPPLY COMPANY $ 2297.51
13052 SMITH ECOLOGICAL SYSTEMS $ 242.62
13053 UNITED PARCEL SERVICE $ 14.85
13054 WOODLAND RECYCLING & $ 2537.00
Report Totals 47843.19
Parks Fund
6874 GRAND SLAM USA $ 1200.00
6875 JONES COACH TRAVEL $ 338.00
6876 LORENE MARCINEK $ 12.48
6877 PETE MERKEL $ 713 .12
6878 KEN MILLER $ 6.00
6879 NATIONAL RECREATION AND $ 215.00
6880 KATHLEEN QUICK $ 31.50
6881 RADIO SHACK $ 8.96
6882 HENRY A ST CLAIR $ 220.00
6883 TODD TROCKI $ 140.00
6884 WAL-MART STORES INC $ 99.52
6885 BARBARA BRAATEN $ 49.00
6886 KATHLEEN CANTERBURY $ 40.00
6887 ANNETTE COUGHLIN $ 25.00
6888 MARIANNE DWYER $ 117.50
6889 KATHLEEN GORMAN $ 37.00
6890 DENISE KAUFMAN $ 23 .00
6891 KELLI KRAJCI $ 49.00
6892 NANCY PALYA $ 49.00
6893 MICHELE REIBEL $ 39.00
Report Totals 3413.08
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
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November 13, 1996 Page 3
GARDEN QUARTER APARTMENT COMPLEX AGREEMENT
Mayor Cuda reminded Council this agenda item had been postponed from the
November 6, 1996 regularly scheduled Council meeting due to the absence of Chief
of Police Joyce. Chief of Police Joyce noted he had met with a representative of
Inland Management, Inc. at Alderman Locke's reuqest regarding problems occurring
at the Garden Quarter Apartment Complex. Inland Management's main concern is
tenants and visitors drinking alcohol in the parking areas of the complex. Inland
Management is requesting an agreement be entered into with the City of McHenry
allowing the City of McHenry Police access to their property, and to enforce the Public
Intoxication Ordinance.
City Attorney McArdle recommended the City should enter into a written
agreement with Inland Management Inc, the apartment complex owner, as well as
amend Section 14-3, Subsection 13 redefining Disorderly Conduct to be:
"The appearance in any public place or private parking lots of residential
developments of four units or more under the influence of alcohol."
Some discussion followed providing further clarification of the disorderly
conduct definition and how this type of ordinance would be enforced. Alderman
Locke noted execution of this agreement would allow City of McHenry police officers
to respond to disorderly conduct behaviors on private property before receiving an
official formal complaint.
Motion by Locke, seconded by Baird, to direct staff to amend Section 14-3,
Subsection 14 of the City of McHenry's Municipal Code redefining Disorderly Conduct
and to include as an agenda item the review of this amended ordinance and the
proposed Garden Quarter Apartment Complex Agreement with Inland Management at
a future regularly scheduled Council meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Baird noted this ordinance can only be enforced on private property
where an agreement exists between the private property owner and the City of
McHenry.
Mayor Cuda requested Council approval to move to agenda items no. 4 and 5:
Agreement with Inland Management, Olde Mill Ponds on Boone Creek Subdivision and
Final Plat - Olde Mill Ponds on Boone Creek Subdivision, as City Attorney McArdle
needed to be excused since he had a conflicting commitment this evening. Council
concurred.
AGREEMENT WITH INLAND MANAGEMENT - OLDE MILL PONDS ON BOONE CREEK
SUBDIVISION
Matt Fiascone, Inland representative, was in attendance. Mayor Cuda informed
Council that since the last regularly scheduled Council meeting on November 6, 1996,
Inland Land Appreciation Fund agreed to delete the Hold Harmless clause from the
proposed agreement. The proposed agreement between Inland Land Appreciation
Fund and the City of McHenry regarding the Olde Mill Pond subdivision addresses the
five concerns raised at the October 3, 1996 Plan Commission meeting, including:
(1) The installation of a temporary 6-foot chain-linked fence along the
southern boundary;
(2) The installation of a permanent chain-linked fence along the southern and
eastern boundaries if 51 % of the adjacent land owners request in writing
that the temporary fence be replaced with a permanent fence;
(3) The repair of any yard and landscaping damage caused by Inland Land
Appreciation's connection to the City's sanitary sewer facilities;
(4) The construction of a berm at the north end of Donovan Street in City
easements and/or dedicated road right-of-ways in accordance with the
plans for said berm prepared by Land Management, dated October 14,
1996 and approved by City Engineers Baxter & Woodman;
(5) The drilling and construction of two dewatering wells at the East and
West side of the southwest retention pond, and the installation of piping
and pumps in such wells.
November 13, 1996 Page 4
In response to Alderman Baird's inquiry, Mr. Fiascone stated the piping from the
dewatering wells will run back to the retention ponds and the size of the pipe will be
less than 6 inches.
Motion by Lawson, seconded by Locke, to approve the Agreement between
Inland Land Appreciation Fund II L.P. and the City of McHenry regarding the Olde Mill
Ponds on Boone Creek subdivision, and to authorize its execution by the Mayor and
City Clerk.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird. _
Voting Nay: None.
Absent: None.
Motion carried.
FINAL PLAT APPROVAL - OLDE MILL PONDS ON BOONE CREEK SUBDIVISION
City Administrator Jordan reported that in response to the October 3, 1996 4-3
negative recommendation of the Plan Commission, Inland Land Appreciation Fund II
had entered into an agreement with the City of McHenry addressing the Plan
Commission's concerns. Staff and City Engineers have reviewed the Final Plat and
state all technical aspects have been met and are recommending approval pending the
receipt of a Letter of Credit for the remaining public improvements, and the
establishment of a time limit to post the construction surety and to present a
recordable plat.
Some discussion occurred regarding the increase in width from 4 feet to 6 feet
for public access to the park through Lot 106 and the required conditions for the
installation of a permanent chain-linked fence along the southern and eastern
boundaries of the Olde Mill Pond subdivision. In response to Council inquiry, Mr.
Fiascone stated that the installation of a stop sign at the intersection of Leonard
Avenue and Olde Mill Pond was proposed. Mayor Cuda opened the floor to audience
comment.
Rory Mattioli of 4011 Prestwick requested the temporary chain-linked fence be
installed correctly. Mr. Fiascone stated his intent to comply with this request.
Judy Gertz of 1718 Leonard Avenue noted the City's promise to prohibit Olde
Mill Pond subdivision construction traffic in the Mill Creek subdivision. She reported
numerous construction vehicles in this area, contrary to the City's promise.
Chief of Police Joyce noted that police vehicles will be in the Mill Creek
subdivision area to enforce this condition.
Mr. Fiascone requested all Mill Creek subdivision residents to write the license
plate numbers of any construction vehicles within their subdivision. Mrs. Gertz also
requested Leonard Avenue be kept closed until the first home is constructed in the
Olde Mill Ponds subdivision. Further Council discussion regarding retention pond
levels during and after heavy rains occurred. Mr. Mattioli also requested Council
investigate a flammable materials truck parked on Inland Land Appreciation Fund II
property near Leonard Avenue.
Motion by Lawson, seconded by Locke, to approve the Olde Mill Ponds on
Boone Creek Final Plat, subject to Lot 26 setback corrections from 15 feet to 30 feet,
correct labeling on Lots 74 to 79 for a 30-foot setback, the inclusion of a left-turn lane
on Northwest McCullom Lake Road, and the increase from 4 feet to 6 feet of the
sidewalk width for public access to the park through Lot 106, and within the 60 days,
the posting of the construction surety, a Letter of Credit for public improvements, and
the presentation of a recordable plat and compliance with all the terms of the City of
McHenry Municipal Code and the Subdivision Control Ordinnace as confirmed by the
City Clerk and City Attorney.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Attorney McArdle was excused at 8:20 P.M.
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November 13, 1996 Page 5
REQUEST FROM NANCY ROOZEE OF RIVERSIDE DRIVE FOR VARIANCE FROM
MINIMUM HEIGHT REQUIREMENT FOR CANOPIES
Riverside Area Business Association representative Nancy Roozee requested,
during the November 6, 1996 regularly scheduled Council meeting Ten Minute Public
Input Session, Council consider granting a variation from the minimum height
requirement of canopies from sidewalk grade. The awnings, purchased with Landmark
Commission Facade Grant Improvement monies, are 4 inches below the City's 8-foot
minimum clearance requirement. Ms. Roozee's written request noted the initial design
of the awnings is aesthetically pleasing and improves the building as a group effort
and works with the building's facade and coloring. A plan was designed to
accommodate the individual businesses with their own window and doorway awnings
and yet maintain the continuity of the building without resorting to one long
continuous awning.
Motion by Locke, seconded by Bolger, to grant a variation for the properties
located at 1328-1332 N. Riverside Drive from the minimum 8-foot height requirement
of canopies from sidewalk grade to 7'8" to building owner Robert Funk.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda reminded Council that at the beginning of the 1994 calendar year,
Council determined that the second regularly scheduled meeting of each month would
be utilized as a working meeting to discuss relevant issues concerning development,
planning and other City related matters.
LEAF BURNING PROGRAM
Mayor Cuda stated Council had agreed to review the City of McHenry Leaf
Burning Ordinance after it had been in place for one year. Staff is recommending the
consideration of an air curtain destructor as an additional alternative to burning. Some
discussion followed.
City Administrator Jordan explained a pit is created, a concrete floor
constructed, and the curtain placed around the pit. High temperatures readily available
through the use of this equipment significantly reduce leaf smoke and residue. A
second suggestion for the issuance of a seasonal burn permit was presented. Director
of Public Works Batt noted the air curtain destructor was a clean process and allowed
for the bagging of leaves in either the preferred paper containers or plastic. He stated
additional potential City benefits, such as the availability of better storm and Spring
clean-up and the ability to provide this service to residents and developers. Director
Batt also recommended, as the City's waste disposal contract will expire in May of
1997, the cost of this service be built into the cost of the next waste disposal
contract. Initial costs for the purchase of the air curtain are approximately $25,000.
The design and development of a permanent EPA approved pit site will be an
additional and as yet undetermined cost. Council also requested staff investigate
maintenance and warranty issues and cost.
Alderman Bolger suggested staff contact 20-50 area municipalities compiling
information on what methods of leaf disposal are most commonly utilized. Discussion
regarding the leaf vacuuming system ensued. Director of Public Works Batt
enumerated the many problems commonly encountered with this system and strongly
recommended Council discard further consideration of the implementation of this
system.
Mayor Cuda opened the floor to audience comment.
Anton Rebel of 4009 Maple Avenue suggested residents use more common
sense when burning - utilization of a container, burning when there are no winds and
providing for the ready availability of water.
Michelle Reibel of 407 Driftwood Trail requested Council ban burning altogether,
citing health concerns, specifically respiratory ailments. She stated the current burn
ordinance is not stringent enough, nor is it strictly enforced.
November 13, 1996 Page 6
Mark Hagy of 122 Ronda also requested a total ban on burning, citing health
concerns, specifically respiratory ailments. He stated the current ordinance creates
an incinerator-like condition as everyone is forced to burn on the weekends.
Doug Reibel of 407 Driftwood Trail questioned enforcement policies. Director
of Building and Zoning Lobaito concurred enforcement is a problem.
Motion by Baird, seconded by Bolger, to direct staff to compile and present
detailed information and recommendations for the purchase and implementation of an
air curtain destructor, as well as information and recommendations regarding a total
ban on burning during the week to the Building and Zoning Committee within the next
few weeks.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he, City Administrator Jordan and Alderman Baird met
with the Irish Prairie Homeowner's Association Board on Monday, November 11 , 1996
to discuss the desirability of developing an access to Irish Prairie from Bull Valley
Road, through Inland Management's property. The majority of the Board members
were not agreeable to this proposition. The Board did request further investigation
into the installation of a traffic signal at the intersection of Route 31 and Shamrock
Lane. Mayor Cuda noted other affected property owners have expressed their
willingness to participate in the cost of a traffic signal at this intersection as well. The
Illinois Department of Transportation has informed the City they will not object to the
installation of a light at this location, however, the total cost is to be borne by the
City. Alderman Baird stated his support of a traffic signal installation if adjacent
property owners would participate in the cost. —'
COMMITTEE REPORTS
Finance Committee Chairman, Alderman Lawson, reported the Finance
Committee had met just prior to this evening's regularly scheduled Council meeting
and the minutes would be forthcoming in the Friday, November 22, 1996 agenda
packets.
STAFF REPORTS
Director of Building and Zoning Lobaito reported the November 18, 1996 Zoning
Board hearing on Centegra's proposed new Healthcare zoning classification has been
rescheduled to December 9, 1996 due to notification problems.
Director of Public Works Batt reported the newly constructed Oak Drive is
scheduled for paving on Thursday, November 14, 1996.
Director of Parks and Recreation Merkel reported the Lakeland Park Community
Center has been re-roofed. The Freund Field ice skating liner has been delivered, and
the Fox Ridge ice skating liner is being repaired. A planning meeting with EcoLogic,
Inc. has been tentatively scheduled for Thursday, December 12, 1996. —
City Administrator Jordan reported staff had met with Lakeland Park residents
on Tuesday, November 12, 1996 to discuss the proposed restrictive sign installations
on Orleans Avenue. A meeting with other affected businesses, including Target, Wal-
Mart and Jewel, has been scheduled for Wednesday, November 20, 1996.
City Clerk Althoff distributed preliminary census figures, noting a tentative
population count of 19,214.
NEW BUSINESS
Alderman Bolger requested staff provide Council with an update at the next
regularly scheduled Council meeting on November 20, 1996 on the status of the
Johnson sewage backup problem.
November 13, 1996 Page 7
Finance Committee Chairman, Alderman Lawson, reported two items discussed
during this evening's Committee Meeting, the Lakeland Park drainage project and the
realignment of Industrial Drive (Oak Drive) will appear as agenda items at the next
regularly scheduled Council meeting on November 20, 1996.
Alderman Bates requested Council and staff consideration of a Special Meeting
or Special Executive Session to discuss management issues with Department Heads
and the Administrator.
Alderman Baird noted the Irish Prairie Homeowner's Association did not have
access to a meeting facility within the corporate limits of McHenry. He suggested
Council consider granting the Irish Prairie Homeowner's Association access to the
municipal building every other month to hold their Board meeting. City Clerk Althoff
was directed to investigate and report back on this possibility.
EXECUTIVE SESSION
Motion by Bolger, seconded by Lawson, to go into Executive Session to discuss
Potential Litigation and Personnel.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:25 P.M.
Motion by Bolger, seconded by Lawson, to go back into Open Session.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 10:20 P.M.
Motion by Bolger, seconded by Baird to approve the McHenry Police Officer's
Association Unit I May 1 , 1996 contract and authorize the Mayor and City Clerk's
execution of this 3-year agreement.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, to approve Water Operator II Bill Cunningham's request to
carry over 7 of 14 vacation days earned in 1995 to the 1997 calendar year, and to
use the remaining 7 days to reimburse the City for insurance premium payments for
the months of August, September and October due to a third party worker's
compensation injury.
The motion died for lack of a second.
Motion by Locke, seconded by Lawson, to table further discussion and
determination on this issue until more definitive information regarding Mr.
Cunningham's current medical condition and prognosis can be provided.
Voting Aye: Locke, Lawson.
Voting Nay: Bolger, Bates, Baird.
Absent: None.
Motion failed.
Motion by Baird, seconded by Locke, to approve the use of Bill Cunningham's
vacation days for full reimbursement to the City for August, September, October and
if applicable, November insurance premium payments.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 13, 1996 Page 8
Motion by Bates, seconded by Baird, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 10:30 P.M.
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MAYOR CITY CLE K///