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HomeMy WebLinkAboutMinutes - 09/11/1996 - City Council (2) REGULAR MEETING SEPTEMBER 11, 1996 The Regular Meeting of the McHenry City Council was called to order by Mayor Steven Cuda on Wednesday, September 11, 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, Baird. Absent: Lawson. City Staff in attendance were: City Clerk Althoff, City Attorney McArdle, Director of Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel. Absent: Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Locke, to approve the Consent Agenda as follows: (1) List of Bills for Approval: General Fund 83961 ADAMS AIR & RADIATOR SERV $ 135 . 00 83962 ADVANTAGE COMPUTER SUPPLY $ 181 . 05 83963 AHLBORN EQUIPMENT INC $ 26 .79 83964 PAMELA J ALTHOFF $ 38 .22 83965 AMERITECH $ 235 .20 83966 BADGER UNIFORMS $ 1408 . 90 83967 BOTTS WELDING & TRK SERV $ 35 . 85 83968 BROADCAST ENGINEERING $ 29 . 99 83969 BRUCE MUNICIPAL EQUIPMENT $ 37 . 03 83970 BUSS FORD SALES $ 65 . 96 83971 SUSAN CHRISTENSEN $ 185 . 17 83972 CONSERVATION SERVICES $ 392 . 97 83973 CRAFT CONCRETE PRODUCTS $ 52 . 00 83974 CRESCENT ELECTRIC SUPPLY $ 26 .30 83975 CURRAN CONTRACTING CO $ 313 .20 83976 GREGG E HATTER $ 187.20 83977 CAROL HOLIAN $ 67 .45 83978 ROBERT HOLMSTROM $ 42 .57 83979 JK SIGN COMPANY $ 280 . 00 83980 JAMES A KEEVIL $ 17 . 00 83981 DANIEL KREASSIG $ 138 . 98 83982 KROHN LAWN & LANDSCAPE $ 11130 . 00 83983 PATRICIA A LAYCOCK $ 12 . 00 83984 LETN $ 388 . 00 83985 LIGHT IMPRESSIONS $ 106 .31 83986 LOCKER' S FLOWERS $ 90 . 00 83987 PAT LUBBEN $ 158 .68 83988 MILLER MONUMENT COMPANY $ 309. 00 83989 THOMAS MCCARTHY $ 1183 . 00 83990 MCCANN CONSTRUCTION SPEC $ 16 .43 83991 MCHENRY AREA CHAMBER OF $ 200 . 00 83992 MCHENRY COMMUNITY SCHOOL $ 2184 . 00 83993 MCHENRY COMMUNITY SCHOOL $ 1536 . 00 83994 NORTHERN ILLINOIS GAS $ 73 .32 83995 NORTHERN ILLINOIS SPECIAL $ 269 . 00 83996 NORTHWESTERN ILLINOIS $ 25 . 00 83997 MIKE OWSLEY $ 190 . 64 83998 KRISTINE PAPROCKI $ 42 . 64 83999 PRIME COMMERCIAL CORP $ 60 . 00 84000 RICH STULL $ 85 . 09 84001 LAURA L VIRGILS $ 187 .20 84002 THOMAS M WALSH $ 187 .20 84003 BEST WESTERN INN OF $ 58 . 85 84004 CENTEGRA-NIMC $ 30 . 00 84005 EAGLE FOODS $ 30 . 00 84006 HOME STATE BANK $ 30 . 00 84007 BONNIE PANERALI $ 12 . 00 84008 SOUTHGATE HAIR DESIGN $ 30 . 00 Report Totals 22521. 19 September 11, 1996 Page 2 Water/Sewer Fund 12887 AMERITECH $ 495 . 11 12888 BAXTER & WOODMAN $ 7841 . 00 12889 BOTTS WELDING & TRK SERV $ 48 . 10 12890 GASVODA & ASSOCIATES INC $ 61. 52 12891 WILLIAM J GITZKE D/B/A $ 55 . 95 12892 W W GRAINGER INC $ 171.45 12893 HYDRA-STOP INC $ 2311. 50 12894 LEE & RAY ELECTRIC $ 28 .41 12895 NORTHERN ILLINOIS GAS $ 458 . 63 Report Totals 11471 .67 Parks Fund 6664 ADVANTAGE COMPUTER SUPPLY $ 381 . 17 6665 AMERITECH $ 30 . 63 6666 STEVE BARTH $ 760 . 00 6667 RAY FELTSON $ 225. 00 6668 WILLIAM J GITZKE D/B/A $ 95 .47 6669 GRAND SLAM USA $ 1770 . 00 6670 IPRA $ 50 . 00 6671 JEWEL FOOD STORES $ 204 .44 6672 LEONARDI' S PIZZA $ 258 .40 6673 JERRY LUBBEN $ 25 . 00 6674 LORENE MARCINEK $ 26 . 52 6675 NATIONAL RECREATION AND $ 200 . 00 6676 NORTHERN ILLINOIS GAS $ 1179 .35 6677 SMITH ENGINEERING CONSULT $ 25 . 00 6678 A-1 DRYWALL $ 60 . 00 6679 PAUL BAZAN $ 25 . 00 6680 BILL BEAMAN $ 25 . 00 6681 RYAN BUCARO $ 25 . 00 6682 KENT BUTLER $ 25 . 00 6683 CORNERSTONE MATERIAL $ 25 . 00 6684 KATHY BUSSE $ 60 . 00 6685 RANDY BAILEY $ 53 . 00 6686 KATHRYN BAUER $ 30 . 00 6687 BILL BAIRD $ 8 . 00 6688 CENTEGRA-NIMC $ 60 . 00 6689 COFFEE MASTERS $ 120 . 00 6690 ANTHONY CASTELLUCCIO $ 30 . 00 6691 CHRIS DELORENZO $ 25 . 00 6692 JOHN DOESSEL $ 25 . 00 6693 LAURA FRUMET $ 183 . 00 6694 MIKE FREUND $ 25 . 00 6695 KATE FREUND $ 27 . 00 6696 RON FREUND $ 25 . 00 6697 VIC FREUND $ 25 . 00 6698 RICHARD GILBERTSEN $ 25 . 00 6699 JEFF GLAB $ 25. 00 6700 TOM GOMBERT $ 25 . 00 6701 TOM GORDON $ 25 . 00 6702 FRANK GURGONE $ 25 . 00 6703 ELAINE GRANT $ 30 . 00 6704 CHAS HERDRICH & SONS $ 25 . 00 6705 DIANE HNAVA $ 30 . 00 6706 BRIAN HUM $ 25 . 00 6707 MICHELLE HJERPE $ 139 . 00 6708 HYDRAULICS $ 50 . 00 6709 CHARLOTTE KEATING $ 13 . 00 6710 BILL KUECHEL $ 25 . 00 6711 JOAN KUTHE $ 30 . 00 6712 DAVE LAMBERT $ 25 . 00 6713 KEVIN MOORE $ 25 . 00 6714 PAM MONSEN $ 48 . 00 6715 TERRY MCMAHON $ 25 . 00 6716 PATTY NEUMAN $ 25 . 00 6717 NORTH SHORE RODS $ 150 . 00 6718 BOB RAYCRAFT $ 25 . 00 6719 CHUCK REILLY $ 25 . 00 6720 JOSEPH RHOADES $ 25 . 00 6721 ROYAL OMEGA GRAPHICS $ 25 . 00 6722 EDWARD REPTA $ 30 . 00 6723 RON RYBA $ 83 .45 6724 MICHELE REIBEL $ 13 . 00 6725 ROSA REICHE $ 30 . 00 6726 GREG SNYDER $ 25 . 00 September 11, 1996 Page 3 Parks Fund (cont'd) 6727 KERRY STERBENZ $ 31 .62 6728 DORI SCHMITZ $ 30 . 00 6729 LARRY WINKELMAN $ 30 . 00 6730 WILLIAM WITTMEYER $ 62 . 00 6731 SUE WALAT $ 99 . 00 Report Totals 7436 . 05 Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. CONVEYANCE OF PROPERTY TO THE CITY BY McHENRY STATE BANK McHenry State Bank representative, Attorney William Cowlin, was in attendance. Mayor Cuda informed Council McHenry State Bank is proposing a land conveyance to the City of McHenry for park purposes. The property in question is located at the northeast corner of Green Street and Route 120, commonly known as 3442 W. Elm Street. The proposed agreement, which was reviewed by City Attorney McArdle, stipulates: • The property must be used as open space, specifically a public park, or revert back to McHenry State Bank ownership; • The City of McHenry shall remove the existing building and structures on the property within six months from the date of this proposed agreement; • The City of McHenry shall develop the park in substantial compliance with the attached landscape plan prepared by Earth Development of Richmond, Illinois, and McHenry State Bank shall contribute the sum of $5,000 toward the landscaping. In response to Alderman Bolger's inquiry, attorney Cowlin indicated McHenry State Bank will not be unreasonable regarding the six month demolition time frame. Director of Building and Zoning Lobaito noted with the eminent purchase approval of the School District's Main Street property, bid specifications will be prepared to demolish each building late this Fall. Some discussion followed regarding the lack of cost estimates provided to Council for this project, particularly the landscaping. Mayor Cuda noted monies had been budgeted for this project. Motion by Baird, seconded by Bolger, to accept the conveyance of property commonly known as 3442 W. Elm Street from McHenry State Bank to the City of McHenry and approve the proposed agreement as presnted, subject to the following conditions: • A $5,000 contribution from McHenry State Bank for landscaping; • Usage of the property shall be limited to open space, specifically park purposes, or the property shall revert back to McHenry State Bank; and, • The City will substantially construct and develop the park as shown on the landscape plan prepared by Earth Developments of Richmond, Illinois and attached to the agreement. • The City will remove the existing building and structures on the property within 6 months from the date of the agreement, or when practical. Voting Aye: Bolger, Locke, Baird. Voting Nay: Bates. Absent: Lawson. Motion carried. September 16, 1996 Page 4 REDUCTION IN LETTER OF CREDIT - PEBBLE CREEK SUBDIVISION, PHASE II Director of Public Works Batt reported Gerstad Builders is requesting a reduction in their letter of credit for Pebble Creek Subdivision Phase II, in the amount of $444,675.00. City Engineers Baxter & Woodman's review letter states the public improvement cost estimates at $93,460.00 recommending a 125% retainment of $116,825.00. It is the recommendation of staff to approve the Pebble Creek Subdivision, Phase II Letter of Credit reduction in the amount of $395,975.00, leaving a balance of $1 16,825.00, as well as a Maintenance Letter of Credit in the amount of $63,356.00. In response to Alderman Baird's inquiry, City Attorney McArdle informed Council the encroachment suit with reference to the Pebble Creek development had been settled. Attorney McArdle had received written confirmation from the affected landowner's attorney confirming an agreement had been reached and settled. Motion by Bates, seconded by Bolger, to approve the reduction in the construction letter of credit for Pebble Creek Subdivision (formerly known as Hillside Subdivision), Phase II in the amount of $395,975.00, subject to receipt of a reduced construction letter of credit in the amount of $1 16,825.00, as well as a Maintenance Letter of Credit in the amount of $63,356.00. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. REQUEST FOR TEMPORARY USE PERMIT AND SPECIAL EVENT LIQUOR LICENSE BY ST. PATRICK'S CHURCH Mayor Cuda informed Council St. Patrick's Church is requesting approval of a Temporary Use Permit and Special Event Liquor License, as well as the waiver of all associated fees, totalling $85.00, for its Annual Oktoberfest on Saturday, October 5, 1996 from 5:00 p.m. to 1 1 :00 p.m. to promote community spirit and brotherhood. Director of Building and Zoning Lobaito and Mayor Cuda have reviewed all the paperwork, which is in order. Mayor Cuda noted this is an annual request and had Council approval last year. Motion by Bates, seconded by Locke, to approve the Temporary Use Permit, Special Event Liquor License to serve beer and wine, and the waiver of all associated fees totalling $85.00 as requested by St. Patrick's Church for its Annual Oktoberfest to be held Saturday, October 5, 1996 from 5:00 p.m. to 1 1 :00 p.m. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. SALE OF DELINQUENT SPECIAL ASSESSMENT PROPERTIES Mayor Cuda reported Council had agreed to allow a two-year installment delinquency for all Country Club Estates special assessment property owners before requiring the special assessment properties to be sold as outlined in Illinois Statutes. The second installment was due January 2, 1996. City Clerk Althoff is requesting Council approval to give Country Club Estates delinquent property owners prior informal notice of the City's intent to sell delinquent special assessment properties. She noted this courtesy was granted to the McHenry Shores delinquent special assessment property owners as well. A draft of the notification letter was presented for Council review. In response to Council inquiry, City Clerk Althoff noted six properties in the Country Club Estates special assessment project are currently delinquent in their special assessment payment, in a total amount of $4,657.14. Two of these properties are also delinquent in their first installment. September 11 , 1996 Page 5 Motion by Bolger, seconded by Bates, to authorize an informal pre-notification letter to all delinquent Country Club Estates special assessment property owners letting them know of the City's intent to sell delinquent special assessment properties. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson.. Motion carried. Council directed City Clerk Althoff to schedule the sale of Country Club Estates and McHenry Shores delinquent special assessment properties as an agenda item for formal approval before going to sale. DEDICATION OF RIDGEVIEW DRIVE FROM McHENRY CORPORATE CENTER TO BULL VALLEY ROAD Mayor Cuda informed Council the McHenry County Transportation Department required the dedication of Ridgeview Drive right-of-way to the City of McHenry prior to the construction bid letting on September 16, 1996. The Plat of Dedication has been provided to Council for review and comment. Director of Public Works Batt noted the location of Ridgeview Drive is consistent with the Inland Business Park Preliminary Plat. Staff has reviewed the Plat of Dedication and found it satisfactory. Motion by Baird, seconded by Bolger, to accept the Plat of Dedication for Ridgeview Drive and authorize the Mayor and City Clerk to execute the Acception Certificate on the Plat of Dedication and provide the County Transportation Department with a copy for recording. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda distributed a letter from Gary Lang's attorney, Daniel Curran, requesting an appearance before Council at the next regularly scheduled Council meeting September 18, 1996 to discuss Mr. Lang's breech of agreement with regard to the Second Amendment to the Annexation Agreement dated July 19, 1989. Mayor Cuda reminded Council that in this agreement, Mr. Lang had agreed to install a left-hand turn lane on Route 31 by August 17, 1996. Attorney Curran cited a delay in occupancy and the possibility of coordinating Mr. Lang's project with adjacent Shamrock Lane improvements as consideration. A lengthy discussion followed regarding the City's recourse options. City Attorney McArdle noted Council may sue Mr. Lang for breech of contract or allow Mr. Lang to file a petition to amend the original annexation agreement granting Mr. Lang a longer time frame to install the left- hand turn lane on Route 31 . Mayor Cuda recommended allowing Mr. Lang the opportunity to file an amendment to his annexation agreement. Director of Public Works Batt also recommended Council consider requiring a letter of credit for this turn lane from Mr. Lang as part of the newly negotiated amended annexation agreement. Council directed City Administrator Jordan to contact Attorney Curran and recommend a petition to amend the annexation agreement be filed with staff. Once the petition is received, a public hearing can be scheduled and Mr. Lang can then take an opportunity to address Council. Mayor Cuda also reported he was meeting with representatives of the T.J. Roberts family to discuss the possibility of annexation. The Roberts family owns in excess of 200 acres south of Route 120 between Chapel Hill Road and the 2600 block of Route 120. Mayor Cuda explained the McHenry County Transportation Department is currently conducting right-of-way negotiations for Phase II of the Bull Valley arterial with the Roberts family. These discussions have prompted the Roberts family to seek annexation to the City of McHenry. Mayor Cuda noted he will report the results of this meeting back to Council at the September 18, 1996 regularly scheduled Council meeting. September 11 , 1996 Page 6 COMMITTEE REPORTS Referencing Finance Committee Chairman Lawson's memo, a Finance Committee meeting was scheduled for Tuesday, September 17, 1996 at 7:00 P.M. Chairman of the Building and Zoning Committee, Alderman Baird, reminded the Committee members of the Building and Zoning Committee Meeting on Monday, September 16, 1996 at 7:30 P.M. to discuss a Tree Preservation Ordinance, a Historical Preservation Ordinance, and to amend the City's Sign Ordinance. STAFF REPORTS City Clerk Althoff reported the Special Census will begin on October 1 , 1996. Addressing the cable T.V. viewing audience, she informed area residents in becoming census enumerators to apply at the McHenry Municipal Center. NEW BUSINESS Discussion initiated by Alderman Bates ensued regarding Centegra's petition for zoning and to amend the Comprehensive Map. Alderman Bates inquired further as to why Inland Business Park was not required to amend the Comprehensive Map. Director of Building and Zoning Lobaito explained Centegra was seeking a new zoning classification that does not currently exist. Alderman Locke directed City Administrator Jordan to inquire as to whether the hospital has been purchased by a new entity. Alderman Locke also noted the new healthcare zoning sought by Centegra, if approved, will be available to any other entity. Further discussion ensued regarding the process Centegra will be following. Director of Building and Zoning Lobaito noted the zoning hearing will be scheduled for late September or early October. Alderman Bates reminded Council of his September 4, 1996 request regarding displaced animals from the McHenry City Centre Business Park development. He reported that he had spoken with the Illinois Wildlife Department, which has agreed to reduce their fee from $30/animal to $25/animal, with a total approximate cost of $400.00. EXECUTIVE SESSION Motion by Bolger, seconded by Locke, to go into Executive Session to discuss Property Acquisition. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. Council went into Executive Session at 8:15 P.M. Motion by Locke, seconded by Bolger, to go back into Open Session. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. -- Council went back into Open Session at 8:35 P.M. Motion by Locke, seconded by Bolger, to approve the purchase of two lots belonging to the estate of Charles J. Miller, located on the west shore of Boone Lagoon on Riverside Drive at a price of $50,000, subject to the granting of a permanent and temporary construction easement by the estate of Charles J. Miller to the City of McHenry as depicted on Exhibit "A" by City Engineers Baxter & Woodman attached to the purchase agreement and authorize the Mayor and City Clerk to execute all documents in connection therewith. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. September 11, 1996 Page 7 Alderman Locke also requested staff consider a standard policy and procedure in dealing with rodent problems. Chairman of the Building and Zoning Committee, Alderman Baird, suggested this Committee review this issue. City Administrator Jordan suggested the City purchase two to four traps for City resident usage. ADJOURNMENT Motion by Bates, seconded by Bolger, to adjourn. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. The meeting adjourned at 8:40 P.M. C < </ MAYOR CITY° CLERK '