Loading...
HomeMy WebLinkAboutMinutes - 11/06/1996 - City Council (2) REGULAR MEETING NOVEMBER 6, 1996 The Regular Meeting of the McHenry City Council was called to order by Mayor Steven Cuda on Wednesday, November 6, 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 Administrator Jordan, City Attorney McArdle, Director of Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel, and Chief of Police Joyce. Absent: None. Gary Lang, owner and operator of Gary Lang Chevrolet, presented Chief of Police Joyce, D.A.R.E. Officer Patricia Laycock, representatives of the D.A.R.E. Parents' Committee Dave Maire and Mary Brunner, along with the McHenry City Council, a 1991 Chevrolet Astrovan to be used in conjunction with the City of McHenry's D.A.R.E. Program for one full year. Mayor Cuda, Council, and Chief of Police Joyce thanked Mr. Lang for his generous donation. TEN MINUTE PUBLIC INPUT SESSION Nancy Roozee, of 1328 N. Riverside Drive, addressed Council. Ms. Roozee, a representative of the Riverside Area Business Association, informed Council a variance was needed for the Miller Building on Riverside Drive, which was recently the recipient of a Landmark Commission facade grant. The awnings purchased with this grant money are 4" below the Zoning Ordinance requirement of 8 feet. Some discussion followed. It was the consensus of Council to place Ms. Roozee's request on the next regularly scheduled Council meeting agenda, November 13, 1996. CONSENT AGENDA In response to Alderman Locke's inquiry, Mayor Cuda reported the easement dispute between the Jordans and Gerstad had been resolved to both parties satisfaction. Motion by Lawson, seconded by Bolger, to approve the Consent Agenda as follows: (1) October 16 1996 Regular City Council Meeting Minutes; (2) Grant of Easement from Mr. & Mrs. Don Jordan to City of McHenry; (3) List of "As-Needed" Checks for Approval, as follows: General Fund 84360 AFLAC $ 1352 . 50 84361 FORT DEARBORN LIFE $ 268 . 66 84362 SUN LIFE OF CANADA $ 683 . 70 84363 POLICE PENSION FUND $ 6005 .44 84364 RETAINED PERSONNEL ESCROW $ 1020 . 00 84420 RECREATION PROGRAMS FUND $ 25000 . 00 84421 CAPITAL DEVELOPMENT $ 7598 . 00 84422 WATER/SEWER FUND $ 1680 . 00 84423 INSURANCE CLAIMS ACCOUNT $ 25697 . 03 84424 SECRETARY OF STATE $ 21. 00 Report Totals 69326 . 33 Water/Sewer Fund 13018 SUN LIFE OF CANADA $ 103 .35 13029 WILLIAM P CUNNINGHAM $ 452 . 62 13030 POSTMASTER MCHENRY IL $ 861. 08 Report Totals 1417 . 05 Parks Fund 6851 SUN LIFE OF CANADA $ 23 . 85 Report Totals 23 . 85 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. November 6, 1996 Page 2 PUBLIC HEARING - 1996 PROPOSED TAX LEVY Mayor Cuda opened the Public Hearing at 7:40 P.M. to consider the 1996 Proposed Tax Levy. Mayor Cuda asked if there were any questions or comments from members of the audience. There were none. In response to Mayor Cuda's inquiry regarding the 1996 Tax Levy, City Clerk Althoff reported no comments or questions had been received by her office. Mayor Cuda then asked for a motion to close the Public Hearing. Motion by Locke, seconded by Baird, to close the Public Hearing on the 1996 Tax Levy. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The Public Hearing was closed at 7:41 P.M. City Administrator Jordan explained the proposed 1996 Tax Levy will result in a slight increase in the tax rate. The tax rate is proposed to be .6034 and last year's rate was .6032. The 1996 rate assumes an equalized assessed valuation of $340,000,000. Alderman Bates questioned the $9,000 levy for the Mayoral salary, as Council had recently increased the yearly Mayoral salary to $12,000 per year. City Administrator Jordan explained the levy before Council was for 1996. Next year's tax levy for 1997 will reflect the Mayoral salary increase. Some discussion followed regarding the feasibility of reducing the proposed 1996 Tax Levy rate. It was the consensus of Council to review the proposed tax levy again at the December 6, 1996 regularly scheduled Council meeting. City Attorney McArdle noted a formal motion should be made to authorize the publication of the Truth in Taxation Notice, as the 1996 proposed Tax Levy rate is higher than the 1995 actual Tax Levy rate. City Administrator Jordan concurred. Motion by Bates, seconded by Lawson, to authorize the publication of the Truth in Taxation Notice in the local daily newspaper, Northwest Herald. (NOTE: Truth in Taxation Notice was published by the City Clerk's Office on October 25, 1996) Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. OLDIE MILL PONDS ON BOONE CREEK - FINAL PLAT Inland representative Matt Fiascone, Engineer Don Barnes, Developer Lucky Spooner, and Inland in-house counsel Tom Burney and Don Bauer were in attendance. Matt Fiascone reviewed from inception the progress of the Olde Mill Pond project. He stated he was requesting final plat approval at this time. Mayor Cuda informed Council Inland Management, Inc. had presented an agreement for Council approval addressing the concerns raised by residents at the October 3, 1996 Plan Commission meeting, specifically: (1) fencing; —' (2) restoration of disturbed landscaping; (3) construction of a berm at the north end of Donovan Street; (4) the drilling of two dewatering wells at the east and west side of the southwest retention pond; and, (5) the installation of piping and pumps in such wells; (6) the indemnification of Inland from claims, damages, losses, lawsuits, proceedings, violations of laws and costs or expenses arising out of the construction of any of the improvements identified in the agreement. Mayor Cuda then distributed copies of the agreement to Council. Mr. Fiascone requested Council discuss and approve this agreement at the next regularly scheduled Council meeting on November 13, 1996 and go forward with the approval of the Olde Mill Pond on Boone Creek final plat. November 6, 1996 Page 3 It was the recommendation of Mayor Cuda to table final plat approval until the next regularly scheduled Council meeting on November 13, 1996. Some discussion followed. Motion by Lawson, seconded by Bates, to table Final Plat approval for the Olde Mill Ponds on Boone Creek subdivision to November 13, 1996. Voting Aye: Bolger, Bates, Lawson. Voting Nay: Locke, Baird. Absent: None. Motion carried. Mayor Cuda opened the floor for audience comments. Carol Moran requested Council and staff research the original depth of the Olde Mill Ponds proposed retention ponds. She stated her concerns were with safety, citing the California Carolyn Fisk law requiring the fencing of all-clay lined retention ponds. Council continued their discussion, stating their concerns with the proposed Agreement's indemnification paragraph. Alderman Locke noted the motion to table in no way prohibited further discussion on this issue. The motion only prohibited taking final action. City Attorney McArdle recommended Council continue their discussion in Executive Session under Potential Litigation as Inland's in-house counsel stated this possibility in the event Final Plat approval for Olde Mill Ponds on Boone Creek subdivision was not forthcoming. EXECUTIVE SESSION Motion by Locke, seconded by Lawson, to go in Executive Session to discuss Potential Litigation. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Council went into Executive Session at 8:04 P.M. Motion by Locke, seconded by Lawson, to go back into Open Session at 8:30 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda noted the approval of Inland Management's Olde Mill Ponds Subdivision will be placed on the next regularly scheduled Council meeting agenda, November 13, 1996. REQUEST FROM LAKEWOOD SUBDIVISION FOR ROADWAY REPAIRS Amy Moerschbacher of Lakewood Subdivision addressed Council. She noted a petition signed by Lakewood Subdivision property owners had been presented to Mayor Cuda requesting the City of McHenry patch and repair Lakewood Road. She specifically stated the request was only to patch and repair, not to resurface the road. Some discussion followed regarding the cost of patching and repairing Lakewood Road and the use of Motor Fuel Tax monies. Council noted, as the Lakewood Subdivision had been forcibly annexed by the City of McHenry, their request was reasonable. Motion by Bolger, seconded by Baird, to authorize the repair and patching of Lakewood Road on an as-needed basis, to be determined by staff. Voting Aye: Bolger, Bates, Lawson, Baird. Voting Nay: Locke. Absent: None. Motion carried. November 6, 1996 Page 4 RELEASE OF LETTER OF CREDIT - GREEN VALLEY SUBDIVISION, UNIT 1 Director of Public Works Batt reported Chris Newkirk, developer of Green Valley Subdivision, had recently submitted his request for the release of his letter of credit for Green Valley, Unit 1 subdivision. Director of Public Works Batt noted all the public improvements have been completed and are ready for City acceptance. In response to Alderman Baird's question, Director of Public Works Batt noted all the sidewalks along Turnberry Avenue had been completed. Motion by Bolger, seconded by Baird, to release the letter of credit for Green Valley, Unit 1 Subdivision in the amount of $80,870 and replace it with a one-year warranty in the amount of $12,939.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF McHENRY AND STATE OF ILLINOIS - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, MASS BARN As per Mayor Cuda's direction at the regularly scheduled October 30, 1996 Council meeting, a copy of the agreement between the City of McHenry and the State of Illinois Capital Development Board for the renovation and refurbishing of the Mass Barn was provided for Council review. City Attorney McArdle has reviewed the agreement and has confirmed with the Capital Development Board's in-house attorney that the $500,000 was appropriated and released to the Capital Development Board for use on this project. City Attorney McArdle has also ascertained that although the funds are officially available through the State's fiscal year which ends June 30, 1997, typically, the State does reappropriate for the unspent portion of the project, particularly when the project has begun. It was also noted there are no other unreasonable restrictions associated with this agreement. A lengthy discussion followed regarding the State's reimbursement process and the availability of City funds to cover any unpaid portion of the project. Motion by Bolger, seconded by Locke, to authorize the Mayor's execution of the Intergovernmental Agreement between the City of McHenry and the State of Illinois Capital Development Board for the refurbishing of the Mass Barn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda directed staff to begin working on this project immediately. A Request for Proposals for architects to oversee and coordinate the Barn renovation should be developed and distributed as soon as possible. AWARD OF BID FOR PICKUP TRUCK - WATER DIVISION Director of Public Works Batt reported bids were opened for a diesel pick-up truck with a utility body for use by the Water Division as a replacement vehicle for truck #522 on October 29, 1996. The monies for the diesel pickup truck replacement had been budgeted at $25,000. All McHenry new truck dealers were invited to participate in the bid process. Three dealerships submitted bids and met all specifications. The low bidder was Gary Lang Chevrolet at $21 ,876. It is the recommendation of staff to award the bid for the 1997 pickup truck to Gary Lang Chevrolet in the amount of $21 ,876. Director of Public Works Batt noted that delivery time is stated as 12-14 weeks. Some discussion followed regarding the advisability of awarding any type of contract or bid to an entity currently in contract default with the City of McHenry. Motion by Bolger, seconded by Lawson, to award the diesel pick-up truck with a utility body bid to Gary Lang Chevrolet in the amount of $21 ,876.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. November 6, 1996 Page 5 ORDINANCE AMENDING TRAFFIC CODE - INSTALLMENT OF STOP SIGN AT CHESTNUT AND PINE DRIVE Mayor Cuda noted at the regularly scheduled October 30, 1996 Council meeting, Council authorized staff to draft an ordinance amending the Traffic Code by adding a stop sign to Chestnut Lane, westbound at Pine Drive in the Oaks of McHenry subdivision. Motion by Lawson, seconded by Baird, to pass an ordinance adding a stop sign to Chestnut Lane, westbound at Pine Drive in the Oaks of McHenry subdivision. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST TO ADVERTISE FOR BIDS-FORT McHENRY WASHROOM CONSTRUCTION Director of Parks and Recreation Merkel informed Council the volunteer effort to coordinate the construction of the washrooms at Ft. McHenry did not materialize. The Parks and Recreation Committee discussed this project at its October 15, 1996 Committee Meeting and unanimously recommended staff be authorized to advertise for formal bids to complete the construction of washrooms at Fort McHenry. Director of Parks and Recreation Merkel noted bid specifications will be prepared based on architectural drawings completed by Cone, Kalb & Wonderlick. Motion by Bates, seconded by Baird, to acknowledge the recommendation from the Parks and Recreation Committee and authorize staff to advertise for bids for the construction of washrooms at Fort McHenry. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. RATIFICATION OF FISCAL YEAR 1997-98 NISRA BUDGET AND APPROVAL OF 1997 MEMBERSHIP DUES Director of Parks and Recreation Merkel reported the City of McHenry has been a participating member of the Northern Illinois Special Recreation Association since 1993. The City Council annually approves the membership dues and ratifies the budget for the upcoming fiscal year. The 1997-98 proposed dues were reviewed at the NISRA Board of Trustees meeting on Tuesday, September 24, 1996. The actual dues charged for each participating member will be subject to an adjustment based upon their actual growth in equalized assessed valuation. Some discussion followed regarding the 35% overall increase since the City of McHenry joined NISRA in 1993. Alderman Bates explained the rates are calculated using the CPI and the percentage of new growth. Motion by Bolger, seconded by Baird, to ratify the 1997-98 NISRA Budget and to approve the expenditure of $54,265 in membership dues, subject to an adjustment by the actual equalized assessed valuation for the City of McHenry. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PURCHASE OF PLAYGROUND EQUIPMENT - JAYCEE PARK Director of Parks and Recreation Merkel informed Council the McHenry Area Jaycees donated $51 ,200 in 1992 for the development of facilities in the 5-acre park located in the Trails of Winding Creek subdivision. Monies were budgeted for the installation of sidewalks within the park. In the event sidewalks were not required for internal park traffic, the balance of any remaining funds could be used to purchase additional playground equipment. The status of the project was recently reviewed with the McHenry Area Jaycees and the project committee approved the balance of November 6, 1996 Page 6 all funds in the amount of $7,200 be applied to the purchase of additional playground equipment. A price quotation and illustration for playground equipment to coordinate and match the materials and colors of the existing playground unit were presented to the Parks and Recreation Committee on October 15, 1996 for consideration. It was the recommendation of the Parks and Recreation Committee that the City Council approve the purchase playground equipment for Jaycee Park in the amount of $7,200. Motion by Bates, seconded by Bolger, to approve the purchase of playground equipment for Jaycee Park in the Trails of Winding Creek subdivision from Educational _ Interiors, Furniture, and Equipment Recreation Creations, Inc. in the amount of $7,200. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PROCLAMATION DECLARING 1997 AS THE "YEAR OF THE BARN" City Clerk Althoff informed Council the City of McHenry had received a request from Nancy Fike, museum administrator of the McHenry County Historical Society. As the Historical Society Museum was selected as one of four sites in the State of Illinois to host a traveling exhibit from the Smithsonian Institute entitled, "Barn Again", the historical society has requested that all McHenry County municipalities, townships and the County declare 1997 as the "Year of the Barn." Motion by Lawson, seconded by Locke, to pass a proclamation declaring 1997 as the "Year of the Barn" in the City of McHenry. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR'S - STATEMENT AND REPORTS Mayor Cuda informed Council he had sent a letter to the Fox River Waterway Management Agency requesting consideration to dredge Boone Creek from the River west to the Millstream Bridge. Alderman Bates requested Council be apprised of the potential cost of this project prior to approval. COMMITTEE REPORTS Finance Committee Chairman, Alderman Lawson, reminded Council of the Finance Committee meeting on Wednesday, November 13, 1996 at 6:00 P.M. in the Aldermen's Conference Room. He noted that in addition to the G.I.S. presentation, discussion regarding the cost of the realignment of Industrial Drive and Phase I of the Lakeland Park drainage project will be discussed. STAFF REPORTS Director of Building and Zoning Lobaito noted interviews were now being conducted for the Code Compliance Inspector position. Director of Public Works Batt reported the Riverside Drive electrical problem was caused by Commonwealth Edison. He also noted the curb machine was on-site at Mark Towne's McHenry City Centre Business Park. City Administrator Jordan reported several applications for the City Planner position had been received. City Clerk Althoff informed Council the City of McHenry census will be completed, effective tomorrow, November 7, 1996. November 6, 1996 Page 7 NEW BUSINESS In response to Alderman Bates' inquiry, Director of Public Works Batt reported the construction and road closed signs at the McHenry City Centre Business Park will be removed. EXECUTIVE SESSION Motion by Lawson, seconded by Locke, 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 9:20 P.M. to discuss Potential Litigation and Personnel Matters. Motion by Bolger, seconded by Locke, to go back into Open Session at 10:52 P.M. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. ADJOURNMENT Motion by Bates, seconded by Locke, to adjourn. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. _ I The meeting adjourned at 10:53 P.M. MA OR C Y CL i