HomeMy WebLinkAboutMinutes - 05/01/1996 - City Council (2) REGULAR MEETING
MAY 1, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, May 1 , 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, Director of Building and Zoning Lobaito, Director
of Parks and Recreation Merkel, Director of Public Works Batt, Chief of Police Joyce,
City Attorney McArdle.
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 Lawson, to approve the Consent Agenda as
follows:
April 17, 1996 Regular City Council Meeting Minutes;
April List of "As-Needed Checks" for approval as follows:
GENERAL FUND
82790 PROJECT ASSESSMENT FUND $ 12000.00
82791 COUNTRY CLUB ESTATES $ 35000.00
82792 NORTHERN ILLINOIS $ 445.00
82793 POSTAGE BY PHONE SYSTEM $ 660.00
82794 PAYROLL ACCOUNT $ 98672.67
82795 ICMA RETIREMENT TRUST-457 $ 3908.60
82796 CLERK OF THE CIRCUIT $ 110.00
82797 HEALTH PLAN MANAGEMENT $ 1517.70
82798 ILLINOIS DEPT OF REVENUE $ 4051.67
82799 POLICE PENSION FUND $ 4898.27
82800 MCHENRY STATE BANK $ 18830.68
82801 MCHENRY STATE BANK $ 22592.81
82802 SECRETARY OF STATE $ 173.00
82803 INSURANCE CLAIMS ACCOUNT $ 7252.76
82804 COUNTY CLERKS OFFICE $ 10.00
82805 MCHENRY STATE BANK $ 218.03
82806 MCHENRY STATE BANK $ 64.47
82807 ILLINOIS DEPT OF REVENUE $ 23.43
82608 PAYROLL ACCOUNT $ 1228.09
62809 ILLINOIS STATE POLICE $ 72 .00
�-' 82810 SLOPPY T'S $ 50.00
82811 INSURANCE CLAIMS ACCOUNT $ 8177.35
82812 ILLINOIS STATE POLICE $ 36.00
82888 ILLINOIS MUNICIPAL LEAGUE $ 40.00
82889 PARTYMAKERS $ 95.00
82890 MCHENRY COUNTY RECORDER $ 30.00
82891 ILLINOIS STATE POLICE $ 72.00
82892 CLERK OF THE CIRCUIT $ 110.00
82893 MARY ANN MILITANO $ 400.00
82894 HEALTH PLAN MANAGEMENT $ 1517.70
82895 ICMA RETIREMENT TRUST-457 $ 3908.60
82896 ILLINOIS DEPT OF REVENUE $ 4180.95
82897 PAYROLL ACCOUNT $ 101745.31
82896 POLICE PENSION FUND $ 4901.08
82899 MCHENRY STATE BANK $ 19856.01
82900 MCHENRY STATE BANK $ 23281.67
82901 BOND AND INTEREST $ 490000.00
82902 INSURANCE CLAIMS ACCOUNT $ 8665.51
82903 COMMERCE/CENSUS $ 25900.00
82904 ILLINOIS STATE POLICE $ 36.00
82905 FORT DEARBORN LIFE $ 268.66
82906 TEAMSTERS LOCAL 301 $ 3873 .00
83010 ILLINOIS DIRECTOR OF $ 1809.50
83011 ILLINOIS STATE POLICE $ 36.00
Report Totals 910719.52
WATER/SEWER FUND
12513 FIRST NAT'L BANK OF MCH $ 37361.33
12514 RETIREMENT FUND $ 7916.67
12515 BOND AND INTEREST $ 36122.92
12516 EMPLOYEE INSURANCE $ 4330.00
12517 POSTAGE BY PHONE SYSTEM $ 200.00
12518 POSTMASTER MCHENRY IL $ 78.95
12519 GENERAL FUND $ 21197.19
12556 GENERAL FUND $ 21265.17
Report Totals 128472.23
PARKS FUND
6151 EMPLOYEE INSURANCE $ 910.00
6152 POSTAGE BY PHONE SYSTEM $ 140.00
6153 GENERAL FUND $ 7506.93
6154 PRECISION POOL & SPA $ 2000.00
6155 POSTMASTER MCHENRY IL $ 988.03
6156 IPRA $ 30.00
6157 IPRA $ 20.00
6179 GENERAL FUND $ 7358.31
Report Totals 18953.27
May 1 , 1996 Page 2
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RIVERSIDE AREA BUSINESS ASSOCIATION - PLAN FOR REVITALIZATION OF
DOWNTOWN BUSINESS AREA
Sue Miller, Bob Novak, Karen Geis (sp?) and Nancy Russo (sp?) of the Riverside
Area Business Association presented their plans for the revitalization of the Riverside
Drive downtown area. Ms. Miller noted $50,000 of the City's 1996-97 Budget was
earmarked for the revitalization of this area. A written proposal was distributed with
Ms. Miller reviewing the proposals, suggested improvements and cost estimates.
Some discussion followed noting the estimated total cost to the City was in excess
of the budgeted $50,000. In response to Council inquiry, the Business Association
representatives stated their willingness to phase the project over the next few years.
Further discussion focused on the area's proximity to the river and the feasibility of
incorporating this natural resource into this area's downtown revitalization efforts.
Council instructed Director of Public Works Batt to work with the Riverside Area
Business Association and create for Council review a phasing proposal for this
revitalization project. Council complimented the Association on their presentation and
their cooperative efforts. The Riverside Business Association informed Council their
association meets on the last Wednesday of every month at 5:30 P.M. in The Little
Chef Restaurant.
AMENDMENT TO DEVELOPER DONATION FEE SCHEDULE CONTAINED IN
SUBDIVISION CONTROL ORDINANCE
Mayor Cuda reported the Ad Hoc Committee on Development had met on
Thursday, April 11 , 1996 to review the current Developer Donation Fee Schedule.
The Committee is recommending the fees be increased effective July 1, 1996 by
7.7%, reflecting the CPI increase from March, 1993 through February, 1996. The
Donation Fee Schedule was last increased in March of 1993. The July 1 st effective
date allows ample time to notify area developers of the increase. Some discussion
occurred regarding the differences in fees between the various housing categories.
Mayor Cuda and Alderman Lawson noted a standardized formula for fee determination
is utilized and the formula is provided by the Illinios School Consulting Services.
Mayor Cuda also noted the Committee's recommendation to provide an
automatic CPI increase on the Developer Donation Fee Schedule every May 1 st,
beginning May 1 , 1997.
Motion by Baird, seconded by Bates, to pass an ordinance amending the
Developer Donation Fee Schedule contained in the Subdivision Control Ordinance and
the Municipal Code increasing the developer donation fees by 7.7%, effective July 1 ,
1996 and automatically increasing the Developer Donation Fee Schedule by the
Annualized CPI every May 1 st thereafter.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Building and Zoning Lobaito was directed to notify in writing all area
developers of the increase.
1996-97 FISCAL YEAR BUDGET APPROVAL
Mayor Cuda reported that since November the Finance Committee, staff and
Council had gone through the budget review process and as presented, the final
1996-97 Budget includes probable expenditures of $15,138,639. Mayor Cuda stated
that although there were many differing opinions, he felt fair and equitable
compromises had provided an excellent foundation for the 1996-97 budget.
Alderman Bolger complimented the Finance Committee and Chairman Alderman
Lawson for their hard work and successful efforts. He reminded Council the budget
was a working tool and should be considered a framework for spending.
May 1 , 1996 Page 3
Alderman Bates also noted not all funds budgeted necessarily needed to be
spent.
Motion by Lawson, seconded by Baird, to approve the 1996-97 budget as
presented, reflecting $15,138,639 in expenditures, including the following personnel
items:
• The elimination of Section 5.5., "Pay for Merit Performance", from the
Personnel Policy Manual;
• The inclusion of longevity in current base salaries for all non-contractual
employees receiving longevity as of April 30, 1996;
• A 3% raise for all non-contractual employees;
• The elimination of longevity effective May 1 , 1996; and
• The approval of the following Department Head salaries:
- Director of Public Works Batt $65,920
- Chief of Police Joyce $70,660
- Director of Building and Zoning Lobaito $55,650
- Director of Parks and Recreation Merkel $57,065
- City Administrator $68,000
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PURCHASE OF McHENRY MARLINS SWIM PROGRAM DISPLAY BOARD
Dana Burchell, President of the McHenry Marlins Parents' Association,
requested the City of McHenry participate in the purchase of a Kyrotech mini board
and scorekeeper, six-lane digital data display for the McHenry Marlins Swim Team.
The $10,500 cost of the unit will be shared equally among the City of McHenry, the
McHenry Marlins Parents' Assocation and McHenry High School Board of Education
District 156. The City of McHenry has cooperated with the McHenry Marlins Parents'
Association and High School District 156 with previous swim team purchases in this
fashion. The new equipment will be available for the Marlin Swim Team outdoor swim
meets at Knox Park during the Summer season, as well as at West Campus in the
Winter seasons. McHenry High School District will also utilize the equipment for their
swim team meets. Some discussion regarding maintenance responsibilities followed.
In response to Council inquiry, Director of Parks and Recreation Merkel stated funds
for the purchase of this equipment had been budgeted in the 1996-97 Fiscal Year
Budget.
Motion by Bolger, seconded by Locke, to approve the expenditure of $3,500
to the McHenry Marlins Parents' Assocation, being 1/3 of the purchase price for a
Kyrotech six-lane digital data display board and scorekeeper, with the understanding
that the City will only pay maintenance expenses when the equipment is in the City
of McHenry's possession during the Summer season.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
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May 1 , 1996 Page 4
AMENDMENT TO ORDINANCE INCREASING WATER TURN-ON FEES FOLLOWING
DISCONNECTION
Director of Public Works Batt addressed Council, explaining that currently
Section 26-27 of the Municipal Code provides for a fee of $20.00 for turning on
water after termination of water service for non-payment. In compliance with the
recently negotiated Public Works Union Contract, the total cost to the City of McHenry
for after hours water turn-ons is $65.26. It is the recommendation of staff to amend
the Municipal Code and increase the cost of after hours water turn-ons to $70.00.
Water turn-ons occurring during the normal work day hours of 7:00 A.M. to 3:00 P.M.
will continue to be charged at $20.00.
Director of Public Works Batt noted that the affected resident may select either
option.
Motion by Lawson, seconded by Bates, to pass an ordinance increasing the cost
of after hours water turn-ons to $70.00 subsequent to the water being shut off for
non-payment of water/sewer bills.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt again noted that water turn-ons occurring during
the normal work hours of 7:00 A.M. to 3:00 P.M. will continue to be charged at
$20.00.
AMENDMENT TO ORDINANCE ADDING FIVE HANDICAPPED PARKING SPACES TO
METRA COMMUTER PARKING LOT
Director of Public Works Batt explained that although four handicapped parking
spaces currently exist in the METRA commuter parking lot, they are not in compliance
with the Illinois Accessibility Code, nor are they located in a concise convenient
location near the train station platform. A brief period of question and answers
between Council and staff occurred.
Motion by Baird, seconded by Locke, to pass an ordinance creating five
handicapped parking spaces in compliance with the Illinois Accessibility Code in the
northwest corner adjacent to Main Street, west of the railroad tracks in the METRA
commuter parking lot.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ZONING VARIANCE REQUEST - BUSS FORD, 4011 W. MAIN STREET
Mayor Cuda reported the petitioner, Buss Ford, had requested this item be
removed from this evening's agenda. Director of Building and Zoning Lobaito noted
that as the request had not been submitted in writing, this agenda item may be
presented for Council consideration at a later date. The agenda item, zoning variation
request for 4011 W. Main Street by Buss Ford, was removed from this evening's
agenda.
REQUEST FOR WAIVER OF ZONING FEES, 1802 N. RINGWOOD ROAD AND 3801
KANE AVENUE
Mayor Cuda explained that Elementary School District 15 was seeking a waiver of
fees for two zoning petitions for the addition of mobile classrooms at Parkland Junior
High and McHenry Junior High School, which are pending before the Zoning Board of
Appeals. The request amounts to $460.00 per petition for a total of $920.00.
May 1 , 1996 Page 5
Motion by Baird, seconded by Lawson, to waive a total of $920.00 in zoning
application deposit fees for both the Parkland Junior High and McHenry Junior High
School zoning petitions for the addition of mobile classrooms.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
VARIATION REQUEST TO ORDINANCE #067-36.5, NOTARO HOMES, SIOUX LANE
Alderman Locke requested Council not consider this agenda item, as the Zoning
Board of Appeals made no recommendation and stated the board could not grant a
variance on an ordinance passed by the City Council in 1967.
Mayor Cuda explained on his recommendation the petitioner appeared before
the Zoning Board of Appeals. The Zoning Board of Appeals had heard the same
request in June of 1977. At no time was the petitioner informed he must appear
before the Zoning Board of Appeals. Attorney for the petitioners, Peter Sweders, was
in attendance. Mr. Sweders addressed Council requesting the City amend the
ordinance which was adopted in 1967, limiting the total number of dwelling units on
a particular parcel of property of which Lot 42 is a part. The petitioner purchased the
property, Lot 42, in January of 1995 with the intent to build a 4-flat. Attorney
Sweders stated that Lot 42 meets all the minimum requirements of the City of
McHenry's current Zoning Ordinance with regard to the RM-1 zoning district. Sweders
also noted that a title search of this lot did not reveal the existence of the 1967
ordinance prohibiting any construction on this lot. Attorney Sweders stated his client
was aware of the low tax assessment on this lot, however, was unaware the taxes
had been reduced based on the passage of Ordinance #067-36.5 restricting the
number of dwelling units. Sweders also stated his client had several avenues of
recourse if his request were denied, including filing suit against the City of McHenry.
After some discussion regarding the increased density of multi-family units
+— directly across the street from single family development, and the property's history,
it was the consensus of Council to deny the petitioner's request.
Motion by Baird, seconded by Bates, to deny the request of Notaro H omes for
a proposed amendment to Ordinance #067-36.5 to increase the number of dwelling
units permitted from 20 to 23 on their property located on Sioux Lane.
Some discussion followed.
Motion by Locke, to table this agenda item indefinitely. Motion died for lack of
a second.
Mayor Cuda called for a vote.
Voting on the original motion:
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported that staff had received a request from the First
United Methodist Church of McHenry to proclaim May 7, 1996 "Lilah Marie Jordan
Day" in recognition of long time City resident Lilah Marie Jordan's 100th Birthday. A
proclamation had been prepared, which Mayor Cuda read for Council approval.
May 1 , 1996 Page 6
Motion by Lawson, seconded by Baird, to proclaim May 7, 1996 "Lilah Marie
Jordan Day" in the City of McHenry in recognition of Ms. Jordan's 100th Birthday.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council also extended it's congratulations to Ms. Jordan.
COMMITTEE REPORTS
Chairman of the Parks and Recreation Committee, Alderman Bates, scheduled
a Parks and Recreation Committee meeting for Monday, May 20, 1996 at 7:30 P.M.
STAFF REPORTS
Director of Building and Zoning Lobaito informed Council the City of McHenry
had received notification from the County Zoning Board of a rezoning request from a
property owner wishing to construct mini-warehouses on the north side of Route 120,
west of Dot Street. The affected parcel is within the City of McHenry's 1 1/2 mile
jurisdiction. Lobaito reported he had attended the County Zoning Hearing regarding
this petition and had informed the County Zoning Board this zoning would be
inconsistent with the City of McHenry's Comprehensive Plan for this area. Some
discussion followed regarding filing an objection to this rezoning petition. Director of
Building and Zoning Lobaito stated a resolution needed to be drafted and passed,
formally stating the City's objection to this rezoning petition, citing the inconsistency
with the City of McHenry's Comprehensive Plan. Council directed staff to draft a
resolution formally objecting to this rezoning petition, to be brought back to Council
for passage prior to the County's consideration of this petition on June 24, 1996.
Director of Public Works Batt reported Gluth Brothers will begin the Millstream
water main project on May 13, 1996. Affected property owners will be notified in
writing prior to this time. Some materials and equipment will be moved in place during
the week of May 6, 1996. Director Batt also reported the underground storage tank
removal project is scheduled for the end of June or beginning of July.
The pool painting project is currently on hold due to inclement weather,
however, every effort will be made to complete the painting before the scheduled
opening date.
Director Batt reported the Community Development Block Grant application for
the repair and reconstruction of Devonshire Court had not been submitted as it had
been determined this area was not within an appropriate census tract and, therefore,
would be ineligible for Community Development Block Grant monies.
In conclusion, Batt reported he and City Administrator Jordan had met with City
Engineer Baxter & Woodman representative Carl Moon to review cost estimates for
the extension of sanitary sewer lines east of the Fox River and expansion of the South
Wastewater Treatment Plant. Council was informed these figures must be
recalculated in order to provide Council with a more realistic number to be utilized in
preparation for bond issuance.
Director of Parks and Recreation Merkel reported the Brookside Park
development Community Development Block Grant application was submitted. The
fourth annual Arbor Day tree planting ceremony was well attended. Director Merkel
read a "Thank-you" note from the Brefeld family who donated a ginkgo tree for the
tree planting ceremony. Merkel also thanked all the residents who participated in this
year's tree donation program. He informed Council that between 10-1 1 trees will be
transplanted from residences to City park sites.
Chief of Police Joyce reported a favorable vote had been received on April 26,
1996 regarding the formation of an additional bargaining unit under the McHenry
Police Officer's Association, representing the Communications Dispatchers, Records
Clerks and Community Service Officers in the Police Department.
May 1 , 1996 Page 7
City Administrator Jordan informed Council he was preparing a draft
management code and will be presenting this document for Council review in the near
future.
City Clerk Althoff noted the February, 1996 Seyfarth, Shaw, Fairweather &
Geraldson invoice had been inadvertently omitted from the Consent Agenda. She
requested a formal motion approving the payment of this invoice.
Motion by Bolger, seconded by Locke, to authorize payment of the February,
1996 Seyfarth, Shaw, Fairweather & Geraldson invoice in the amount of $1 ,544.27.
`— Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Althoff also reported City vehicle stickers went on sale today, May
1 , 1996. City vehicle stickers must be displayed by June 30, 1996.
NEW BUSINESS
Alderman Bates reported he had met with Lakeland Park residents on Friday,
April 26, 1996 to discuss infrastructure concerns. He requested a meeting with
Director of Public Works Batt regarding this issue.
Alderman Baird requested Director of Public Works Batt correct the road
problem being encountered in front of the Pioneer Center in Tonyan Industrial Park.
Alderman Locke informed staff that the streetlights on Dartmoor Drive at
Greenbrier and Abbington have not yet been repaired.
Alderman Baird noted the landscaping restoration work done along the sidewalk
project route did not hold up through the winter. Her requested the contractor come
back and redo the restoration work, and that payment for the sidewalk project be
withheld until this landscaping is completed.
EXECUTIVE SESSION
Motion by Locke, seconded by Bolger, to go into Executive Session at 9:19
P.M. to discuss Property Acquisition and Ongoing Criminal Investigation.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Lawson, to go back into Open Session at 9:40
P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Some discussion followed regarding the total cost incurred by the City of
McHenry for the legal services of Seyfarth, Shaw, Fairweather & Geraldson. Council
informed City Administrator Jordan to utilize his discretion in determining whether
Attorney Kramer of Seyfarth, Shaw, Fairweather & Geraldson be present for every
bargaining session with the McHenry Police Officer's Association in an effort to lower
legal costs with union negotiations.
May 1 , 1996 Page 8
ADJOURNMENT
Motion by Bates, seconded by Locke, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:50 P.M.
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