HomeMy WebLinkAboutMinutes - 01/31/1996 - City Council (2) JANUARY 31, 1996
REGULAR MEETING
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, January 31 , 1996 at 7:30 PM in the Council Chambers
of the Municipal Center. At roll call the following Aldermen were present: Bolger,
Locke, Baird. Alderman Lawson arrived at 7:40 PM. Alderman Bates arrived at 7:43
PM. Absent: None. City Staff in attendance were City Clerk Althoff, Director of
Building and Zoning Lobaito, Director of Public Works Batt, Director of Parks and
Recreation Merkel, City Attorney McArdle. Absent: Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Bob Kirschner, Principle Environmental Planner with the Northeastern Illinois
Planning Commission, addressed Council presenting a status report on the McCullom
Lake aeration system. He noted that the aeration system was turned on Tuesday,
January 30, 1996 and will, when established, melt a 5 - 10 acre area of ice cover.
After the open water area has become established, wooden stakes, roping and
reflective markings will be installed to encircle the area and warn wintertime lake users
of the open water. Director of Public Works Batt noted that open water warning signs
have also been installed at a number of access points onto the lake. Kirschner stated
a letter had been sent to all McCullom Lake residents apprising them of the situation
and warning them to stay off the lake. Snowmobiles, watercraft and any other
motorized vehicles higher than 7.5 horsepower are prohibited from being operated on
the lake. The Lakers Snowmobile Club will also be sent a letter from Mayor Cuda
alerting them to the presence of open water and unstable ice in some areas of
McCullom Lake due to the aeration system. The letter will also remind them that
snowmobiling and the operation of other motorized vehicles on the ice surface of
McCullom Lake is prohibited by City ordinance.
CONSENT AGENDA
-
Motion by Baird, seconded by Bolger, to approve the Consent Agenda as
follows:
(1) January 17, 1996 Regular City Council minutes;
(2) Review and Approve List #1 and #2 of "As-Needed" checks, as follows:
82051 FARM & FLEET $ 174.99
82154 MCHENRY STATE BANK $ 175000.00
82155 IL MUNICIPAL TREASURERS $ 70.00
82156 POLICE PENSION FUND $ 2096.32
82157 GARY LANG CHEVROLET INC $ 14558.59
82158 RETAINED PERSONNEL ESCROW $ 250.00
82159 INSURANCE CLAIMS ACCOUNT $ 14253.53
82160 CLERK OF THE CIRCUIT $ 110.00
82161 HEALTH PLAN MANAGEMENT $ 1528.24
82162 ICMA RETIREMENT TRUST-457 $ 3755.60
82163 ILLINOIS DEPT OF REVENUE $ 4228.49
82164 PAYROLL ACCOUNT $ 101157.57
82165 POLICE PENSION FUND $ 4803 .23
82166 MCHENRY STATE BANK $ 20007.73
82167 MCHENRY STATE BANK $ 23072 .50
82168 DEVELOPER DONATIONS $ 5000.00
Report Totals 370066.79
12307 CAPITAL DEVELOPMENT $ 2836.00
12308 GENERAL FUND $ 50000.00
Report Totals 52836.00
January 31 , 1996 Page 2
82169 MOTOR FUEL TAX FUND $ 275000.00
82170 ILLINOIS ASSOC OF CHIEFS $ 150.00
82171 WATER/SEWER FUND $ 50000.00
82172 INSURANCE CLAIMS ACCOUNT $ 1945.14
82173 RETAINED PERSONNEL ESCROW $ 148.50
82174 ILLINOIS MUNICIPAL $ 44089.32
82175 HEALTH PLAN MANAGEMENT $ 7290.79
82176 HOLIDAY INN SOUTH $ 457.92
82177 PETTY CASH FUND $ 143.15
82178 STATE POLICE SERV FUND $ 134.00
82179 ROBERT E FINKBEINER $ 10.00
82180 PAYROLL ACCOUNT $ 4000.00
82181 JEWEL FOOD STORES $ 28.99
82182 GARY LANG CHEVROLET INC $ 100.00 -�
82184 INSURANCE CLAIMS ACCOUNT $ 6807.93
82185 FORT DEARBORN LIFE $ 268.66
82186 NCPERS GROUP LIFE INS $ 153.00
82187 MCHENRY POLICE OFFICERS $ 439.30
82188 PAYROLL ACCOUNT $ 100955.12
82189 CLERK OF THE CIRCUIT $ 110.00
82190 HEALTH PLAN MANAGEMENT $ 1523.69
82191 ICMA RETIREMENT TRUST-457 $ 4974.99
82192 ILLINOIS DEPT OF REVENUE $ 4100.57
82193 POLICE PENSION FUND $ 4755.05
82194 MCHENRY STATE BANK $ 19250.49
82195 MCHENRY STATE BANK $ 23071.22
82196 UNITED WAY $ 373.27
82197 INSURANCE CLAIMS ACCOUNT $ 3854.67
82198 MCHENRY COUNTY RECORDER $ 51.00
82199 SEYFARTH SHAW FAIRWEATHER $ 25.00
82325 MCHENRY POLICE OFFICERS $ 850.00
62326 INSURANCE CLAIMS ACCOUNT $ 5227.77
82327 MOTOR FUEL TAX FUND $ 30000.00
82328 COMMERCE/CENSUS $ 125.00
82329 SECRETARY OF STATE $ 8.00
82330 SECRETARY OF STATE $ 100.00
82331 POSTAGE BY PHONE SYSTEM $ 660.00
82332 RETAINED PERSONNEL ESCROW $ 250.00
82333 WATER/SEWER FUND $ 3610.00
82334 CAPITAL DEVELOPMENT $ 17225.00
82335 DEVELOPER DONATIONS $ 18588.00
82336 COLELLA CONCRETE INC $ 13027.69
82338 MCHENRY STATE BANK $ 415.48 _
82339 MCHENRY COMMUNITY SCHOOL $ 110867.25
82340 MCHENRY PUBLIC LIBRARY $ 15052.00
82341 MCHENRY FIRE PROTECTION $ 15052.00
82342 MCHENRY COMMUNITY SCHOOL $ 59697.75
82343 PROJECT ASSESSMENT FUND $ 48000.00
82344 POLICE PENSION FUND $ 2095.80
82345 WATER/SEWER FUND $ 1200.16
82346 RECREATION PROGRAMS FUND $ 92.32
82347 INSURANCE CLAIMS ACCOUNT $ 15737.89
Report Totals 912093 .88
12309 RETIREMENT FUND $ 7916.67
12310 GENERAL FUND $ 20071.66
12311 POSTMASTER MCHENRY IL $ 1003.26
12312 GENERAL FUND $ 21890.82
12313 LASALLE NATIONAL TRUST NA $ 502.54
12360 POSTAGE BY PHONE SYSTEM $ 200.00
12361 EMPLOYEE INSURANCE $ 4145.00
12362 BOND AND INTEREST $ 36122 .92
12363 CAPITAL DEVELOPMENT $ 1418.00
12364 COUNTRY CLUB ESTATES $ 13559.00
12365 RETAINED PERSONNEL ESCROW $ 25.00
12366 THE MURDOCK COMPANY INC $ 87.05
Report Totals 106941.92
5978 GENERAL FUND $ 7980.75
5979 PETTY CASH FUND $ 40.78
5980 SUPERWASH $ 50.00
5984 ALPINE VALLEY RESORT $ 910.00
5985 OLSEN TRANSPORTATION INC $ 265.00
5986 GENERAL FUND $ 6707.02
6013 FINA $ 43 .10
6014 POSTAGE BY PHONE SYSTEM $ 140.00
6015 EMPLOYEE INSURANCE $ 910.00
6016 GENERAL FUND $ 251.90
6017 GENERAL FUND $ 1138.51
Report Totals 18437.06
Voting Aye: Bolger, Locke, Baird.
Voting Nay: None.
Absent: Bates, Lawson.
Motion carried.
January 31 , 1996 Page 3
PUBLIC WORKS UNION CONTRACT
Director of Public Works Batt presented the new collective bargaining agreement
between the City of McHenry and the City of McHenry Public Works employees. He
informed Council that the contract was binding for 25 Public Works employees and
was a three-year agreement. An agreement summary highlighting 44 points was also
reviewed. The cost wages for the present 25-member unit will increase as follows:
May 1 , 1995 to $857,106, a 4.1 % increase;
- May 1 , 1997 to $894,1 12, a 4.3% increase, and;
May 1 , 1998 to $937,953, a 4.9% increase.
Director Batt noted that the increases include double steps, as well as a 3%
across-the-board raise on May 1 st of each contract year, as well as some equity
adjustments.
EXECUTIVE SESSION
Motion by Locke, seconded by Bolger, to go into Executive Session to discuss
Personnel.
Voting Aye: Bolger, Locke, Baird.
Voting Nay: None.
Absent: Bates, Lawson.
Motion carried.
Council went into Executive Session at 7:39 PM.
Alderman Lawson arrived at 7:40 PM. Alderman Bates arrived at 7:43 PM.
Motion by Lawson, seconded by Bolger, to go back into Open Session.
Voting Aye: Bolger, Locke, Baird, Lawson, Bates.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 7:45 PM.
Motion by Bolger, seconded by Baird, to approve the collective bargaining
agreement between the City of McHenry and the City of McHenry Public Works
employees, and the side letter regarding special wage rates for two employees.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
A short signing ceremony took place with Robert B. Barnes, Principle Officer,
Secretary/Treasurer of the Chauffeurs, Teamsters and Helpers Local #301 , making a
brief statement. Mr. Barnes stated the agreement represented a fair compromise for
both sides and complimented all parties involved in the negotiations for a job well
done.
ZONING PETITIONS - PROPERTIES LOCATED EAST OF THE FOX RIVER
Mayor Cuda stated that the 14 properties currently before Council are the
second of three groups scheduled for zoning approval relating to the City's east of the
Fox River annexation. Director of Building and Zoning Lobaito stated that each of
these 14 properties received Zoning Board of Appeals approval, but all contained
requests for conditional uses and/or variances. There was no further discussion.
January 31 , 1996 Page 4
Motion by Lawson, seconded by Bolger, to accept the Zoning Board of Appeals'
recommendation and pass the following ordinances zoning certain parcels east of the
Fox River that were recently annexed:
NAME AND PROPERTY ZONING ORD #
VFW Veteran's Club, Inc Reclass from E-Estate to C-5 Highway 0-96-751
3002 W. Route 120 Commercial & Conditional use Permit for:
1. Recreational institution;
2. Outdoor amusement establishment;
3. Restaurant serving alcoholic beverages
with live entertainment and dancing.
Stanley & Nary Jurzyk Reclass from E-Estate to C-5 Highway 0-96-752
2906 W. Route 120 Commercial & Conditional Use Permit for:
1. Indoor amusement establishment
(firearm shooting range) .
McHenry St Bk #3315 Reclass from E-Estate to C-3 Community 0-96-753
Victor & Joanne Klein Commercial & Conditional Use Permit for:
Vicki Clawson d/b/a Vicki's 1. Inside sale of alcoholic beverages;
Place 2. Outside sales & service of food &
1211 N. River Road alcoholic beverages;
3. Live entertainment & dancing (both
inside and outside) .
Richard & Beverly Watson Reclass from E-Estate to C-5 Highway 0-96-754
2314 W. Route 120 Commercial & Conditional Use Permit for:
1. One existing billboard;
2. Restaurant/tavern with live
entertainment and dancing.
McHenry State Bank #709 Reclass from E-Estate to: 0-96-755
Jeff Kleinhans 1. I-1 Industrial on Lots 1, 2, 3,
2913 W. Route 120 & 4, 5, 6, Block 8, Edgewater Subd.;
2920 Northside Ave. 2. C-5 Highway Commercial on Lot 7, 8,
9, Block 8, Edgewater Subd.; also
part of Lot 13, Chicago Road Subd;
and portion of vacated North Ave.
Conditional Use Permit for:
1. Open sales of automobiles and
trucks, limited to Lots 8, 9, & 13
described in Parcel 1 of Exhibit A.
Variance on Lots 5 & 6, Block 8, Edgewater
Subdivision to allow:
1. Minimum lot area of 6,250 sq. ft.;
2. Mini+ml- lot width of 50 feet.
McHenry St Bk #3803 Reclass from E-Estate to I-1 Industrial 0-96-756
Daniel & Joyce Adams & Conditional Use Permit for:
d/b/a Adams Steel Service 1. Outside storage of structural
3003 W. Route 120 steel components inventory within
the existing fenced-in area.
Byron and Gail Rietesel Reclass from E-Estate to C-5 Highway 0-96-757
d/b/a Rietesel's Boat Repair Commercial & Use Variance Permit for:
1205 N. River Road 1. Single family dwelling;
2. Apartment above boat cover
repair shop.
Conditional Use Permit for:
1. Commercial parking lot for boats,
passenger & commercial vehicles as
principal use on P.I. #09-26-478-010,
09-26-478-011 & 09-26-481-002;
2. Outdoor advertising sign limited
to maxi+mlm of 8 % 12, (96 sq ft)
on P.I. #09-26-478-011;
3. Manufacture of recreational vehicle
canvas covers and repair of boats on
P.I. #09-26-478-007 & #09-26-478-008. _
Shirley Strach & Daniel Reclass from E-Estate to C-5 Highway 0-96-758
Strach d/b/a Community Commercial & Use Variance for:
Auto Parts & Sales 1. Residential dwelling unit (apart-
3021 W. Route 120 ment) above store;
2. Two single family residences, one
each on Lots 3 & 4, Block 10, Orig.
Plat of the Village (now City)
of McHenry.
Conditional Use Permit for:
1. Motor vehicle repair and service;
2. Outside storage of cars, trucks, boats,
& trailers waiting for repair;
3. Open sales lot for vehicles, boats &
trailers.
January 31 , 1996 Page 5
NAME AND PROPERTY ZONING ORD #
McHenry State Bank #116 Reclass from E-Estate to C-5 Highway 0-96-759
William & Lorraine Nye Commercial and Conditional Use Permit
d/b/a Nye Auto Doctor for:
2318 W. Route 120 1. Motor vehicle & recreational
vehicle service and repair;
2. Outside storage of vehicles on
the east, west, south and north-
west sides of the building.
Theodore & Gina Smak Reclass from E-Estate to C-5 Highway 0-96-760
2902 W. Route 120 Commercial & Conditional Use Permit
for:
1. Motor vehicle service & repair;
2. Outside storage of vehicles and
vehicle parts.
John & Diane Oliver Reclass from E-Estate to C-5 Highway 0-96-761
d/b/a McHenry Welding Commercial & Use Variance for:
2912 W. Route 120 1. Single family residence.
and Conditional Use Permit for:
1. Outdoor advertising sign;
2. Open sales lot;
3. Outside storage;
4. Motor vehicle service and repair;
5. Welding and fabrication;
6. Boat and trailer repairs.
Fred O'Halleran Reclass from E-Estate to C-5 Highway 0-96-762
d/b/a Bull's Eye Commercial & Conditional Use Permit
Window Repair for:
3014 W. Route 120 1. Outside storage;
2. Vehicle repair and service.
Perry Moy and Reclass from E-Estate to C-5 Highway 0-96-763
Anthony Parisi Commercial & Conditional Use Permit
d/b/a Don's Dairy Frost for:
3102 W. Route 120 1. Outdoor advertising (one billboard
only) ;
2. Outside storage of non-perishable
restaurant-related equipment &
supplies;
3. Restaurant having outside seating
and service.
LaSalle Nat'l Bk #107477 Reclass from E-Estate to I-1 Industrial 0-96-764
Robert W. Jessup & Conditional Use Permit for:
d/b/a Jessup Mfg Co 1. Fabrication from rubber, vinyl,
2815 W. Route 120 paper, felt, or other similar soft
goods with or without adhesive into
finished products, per customer specs;
2. Outside storage of skids, raw materials
& equip, including but not limited to
mechanized vehicles, mechanized equip,
concrete forms, scaffolding, wood
bracing, planks, pallets, lumber,
building supplies such as: nails, screws,
form oil sealers, paints, fuel, masonry
materials, sand, gravel, topsoil, struct-
ural steel, reinforced steel, straw,
fencing, trailers, construction trailers,
barrels & propane tanks, which shall be
screened from view from Route 120;
3. Exterior manufacturing of wood components,
cabinets, tops, precast concrete items.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
It was noted that all property owners had agreed to any and all Zoning Board of
Appeal conditions for approval.
PRELIMINARY PLAT - WHITE OAK RIDGE
White Oak Ridge developer Scott Hunt was in attendance. Discussion ensued
regarding the 1 ,100 foot Oak Drive cul-de-sac. Council noted City of McHenry
ordinance allows a maximum cul-de-sac length of 400 feet. The McHenry Township
Fire Protection District, as well as the City of McHenry Plan Commission had
expressed some concern over the length of the Oak Street cul-de-sac. Developer Hunt
stated that the Plan Commission had unanimously approved the preliminary plat
subject to the addition of two well hydrants located at the mid point and end of the
Oak Street cul-de-sac.
January 31 , 1996 Page 6
Attorney McArdle explained that as the White Oak Ridge preliminary plat had
received approval from the Plan Commission on December 7, 1995, the developers
had presented it to the County for final approval. The only action required by Council
was to ratify the action of the Plan Commission Chairperson in executing the
preliminary plat. In response to Council inquiry, Mr. Hunt stated he sought Council
approval at this late date in order to proceed with plans for final platting.
Motion by Lawson, seconded by Bolger, to ratify Plan Commission Chairperson
Sheppard's action executing the White Oak Ridge Preliminary/Tentative plat.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: Baird.
Absent: None.
Motion carried.
OLDE MILL PONDS, BOONE CREEK PRELIMINARY PLAT
Matthew Fiascone, Vice President of Inland Partnership Asset Sales Corporation,
and Lucky Spooner, President of Land Management, Inc. were in attendance.
Mr. Fiascone presented Inland's development plans for the Olde Mill Ponds on
Boone Creek, informing Council that the stormwater drainage concerns raised by local
residents had been incorporated into the subdivision's land plan. A retention pond
lined with clay and a series of ponds, waterfalls and rills will be utilized to collect
stormwater run-off and 100-year rains. Mr. Spooner explained that a siltation problem
will not exist because the water is continually running. In the event the electricity
fails, the system will continue to work as it is based on gravity. Mr. Fiascone stated
that Inland is projecting a three to four-year buildout, however, all detention
improvements will be completed during the first phase of development, according to
the annexation agreement. Fiascone explained that at 75%-80% buildout, the
homeowner's association will become responsible for the drainage maintenance at a
monthly cost of approximately $12.00/month. In response to Council inquiry,
Fiascone stated the cost of a lot will be in the high $100s or low $200,000 range.
Further discussion took place regarding detention and drainage issues. Fiascone
stated that Inland had obtained easements for potential excess runoff, and although
it was not clear if this development would correct existing water problems in that area,
City Engineers Baxter & Woodman did agree with Inland's claim that the development
would not exacerbate the water drainage problem.
Director of Public Works Batt stated that Inland had followed the platting process
in the proper sequential order and had submitted additional engineering information
because of residential and Council concerns. City Engineers Baxter &Woodman have
reviewed their plans and report Inland complies with City ordinance and standards.
In response to Council inquiry, Fiascone stated that any and all types of watercraft are
prohibited by declaration of covenants and the covenants cannot be amended without
City Council approval. All detention and drainage improvements are guaranteed with
a letter of credit.
Some additional concerns stated by Council included:
- Car visibility - if the subdivision's entranceway incorporated a covered bridge;
- Child safety - with the cascading waterfalls along the east property line
between Fawn Ridge and this subdivision;
- Cut-through traffic - with the apparent straight thoroughfare from Leonard
Street to McCullom Lake Road on Olde Mill Creek;
Some discussion followed regarding Lot 106. The Plan Commission recommended
Lot 106 be held, or dedicated, for future access to Petersen Park.
January 31 , 1996 Page 7
Because some Aldermen still expressed concern over the detention and drainage
improvements being planned for this project, it was a consensus of the Council to visit
one of the developer's completed projects in Osewgo to view first hand the
stormwater management system.
Motion by Bates, seconded by Bolger, to postpone indefinitely the approval of Olde
Mill Ponds on Boone Creek preliminary plat until more information is provided regarding
detention and drainage and all Aldermen can visit the Oswego subdivision, similar in
style and construction to the proposed Olde Mill Ponds.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda directed Clerk Althoff to solicit a report from City Engineers Baxter &
Woodman on the stormwater engineering for the Olde Mill Ponds on Boone Creek
preliminary plat.
Mayor Cuda called for a recess at 9:25 PM. The meeting was reconvened at
9:43 PM with everyone still in attendance.
McHENRY CITY CENTRE BUSINESS PARK - FINAL PLAT
Property owner Mark Towne was in attendance. He noted the final plat contained
no substantial changes from the previously approved preliminary plat, and that he had
adequately addressed all eight of the Plan Commission's conditions. In response to
Council inquiry, Towne noted Oak Street will be repositioned slightly.
City Clerk Althoff noted Brake Parts had viewed the plan and had voiced no
objection. A lengthy discussion ensued regarding changing the proposed Industrial
Drive name to the existing street name of Oak Street. The Plan Commission's
recommendation was to name the street Oak Street from the southeast corner of
Lakeland Park to Route 120. Alderman Baird concurred and suggested posting two
street name signs, Oak and Industrial respectively, at the current intersection of Route
120 and Industrial Drive. Director of Public Works Batt also recommended an
identification sign for Brake Parts be installed at this intersection.
Motion by Bolger, seconded by Locke, to retain the name "Industrial Drive" from
Route 120 to Boone Creek and name the street from Boone Creek to the southeast
corner of Lakland Park "Oak Drive."
Voting Aye: Bolger, Locke.
Voting Nay: Bates, Lawson, Baird.
Absent: None.
Motion failed.
Motion by Bolger, seconded by Locke, to authorize staff to draft an Ordinance
renaming that portion of "Industrial Drive" from Route 120 north connecting with Oak
Drive running south to "Oak Drive", and that the east-west street from the old Brake
Parts property to its easterly dead end remain "Industrial Drive."
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt noted that on the final plat Orleans Drive should be
designated as Orleans Drive, not Orleans Street.
Motion by Bolger, seconded by Locke, to approve the final plat of the McHenry
City Centre Business Park, subject to the receipt of a letter of credit to guarantee
construction of all public improvements, and to place identification signs for Brake
Parts to accommodate easy identification and promote the retention of their address.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
January 31 , 1996 Page 8
PROPOSAL FOR ENGINEERING SERVICES - INDUSTRIAL DRIVE
In conjunction with the final plat approval for McHenry City Centre Business Park,
engineering must be completed for the relocation of Industrial Drive. Staff had
previously requested an engineering proposal from Smith Engineering. Smith
Engineering proposes to do field surveys, preparation of plans and specifications, bid
documents, advertisements, bid tabulation, contract preparation and provide survey
plats for the northeast and northwest corners of the proposed and existing Industrial
Drive. A Plat of Vacation for existing Industrial Drive and a Plat of Easement for
municipal utilities on existing Industrial Drive will also be provided. A cost in an
amount not to exceed $27,160 has been presented.
Motion by Locke, seconded by Bolger, to approve and authorize the Mayor and City
Clerk's execution of Smith Engineering's Services Agreement for the relocation of
Industrial Drive in an amount not to exceed $27,160.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING LIQUOR LICENSE ORDINANCE
City Clerk Althoff noted the Illinois Statutes have changed since the City passed
its current liquor control requirements on obtaining liquor licenses. As the City
typically follows the Statutes in such matters, the proposed ordinance incorporates the
new change, stating that partnerships no longer must be residents of the City and
corporations must be Illinois corporations or foreign corporations who are qualified
under the Business Corporation Act of 1983.
Motion by Locke, seconded by Bolger, to pass an ordinance amending the current
City of McHenry Liquor License Ordinance to incorporate the amended Illinois State
Statute requirements on partnerships no longer being required to be residents of the
City and corporations must be Illinois corporations or foreign corporations who are
qualified under the Business Corporation Act of 1983.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE ABATING REAL ESTATE TAXES
City Clerk Althoff reported the City issued a $3 million Alternate General Obligation
Bond in 1990 in order to construct the new Municipal Center. The bonds were
payable from sales tax collected by the City, however, to ensure the security of the
repayment of the bonds to the bond holders, bonds are also secured by the full faith
and credit of the municipality and are included in the real estate property tax levy. It
has always been the intention of the City of McHenry to abate these real estate taxes
every year when possible, and make these payments from sales tax collected. The
amount to be abated for the 1995 tax levy year is $324,600.
Motion by Baird, seconded by Bolger, to pass an ordinance abating the real estate
taxes for the 1995 tax levy year on the $3 million Alternate General Obligation Bonds for the construction of the Municipal Center building in the amount of $324,600.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE EXECUTING AGREEMENT BETWEEN THE CITY AND SCHOOL
DISTRICTS 15 & 156 FOR PURCHASE OF MAIN STREET PROPERTY
City Clerk Althoff reported that in order to proceed with the purchase of the School
District's Main Street property, an ordinance authorizing the Mayor and City Clerk to
execute the purchase agreement must be passed.
January 31 , 1996 Page 9
Motion by Lawson, seconded by Baird, to pass an ordinance authorizing the Mayor
and City Clerk to execute the purchase agreement for Board of Education School
District 15 and Board of Education District 156 property located at 3926 W. Main
Street in the amount of $135,000.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING DISTRIBUTION OF HANDBILLS IN RESIDENTIAL AREAS
City Clerk Althoff reported that in 1993 Council approved a revised Solicitors and
Peddlers Ordinance forbidding peddlers from going door-to-door selling services or
wares in residential areas. It has come to the attention of the Building and Zoning
Department that Section 3-20 of the Municipal Code allows persons to hand
advertising handbills directly to owners/residents on private property. This is in
conflict with the revised Solicitors and Peddlers Ordinance. It is the recommendation
of staff to pass an ordinance correcting this conflict.
Motion by Locke, seconded by Bolger, to pass an ordinance amending Section 3-20
of the Municipal Code allowing peddlers to only secure, place or deposit handbills at
private residences without directly contacting the owners/occupants of those
residences.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RESOLUTION AUTHORIZING SALE OF CITY PROPERTY TO SCHOOL DISTRICT 156
BOARD OF EDUCATION
_ Staff asked that this item be withdrawn from the agenda, as their were
inaccuracies which required correction.
Andy Glab, an adjacent property owner, asked Council's permission to address this
issue. Council concurred. Mr. Glab stated his objection to the Council's use of
Executive Session to facilitate the transfer of this property to District 156 Board of
Education. He requested the high school be held responsible for the maintenance of
this property. Mayor Cuda directed City Attorney McArdle to insert the appropriate
language requiring maintenance of the property in the purchase agreement.
REFUNDING OF IRB'S - CUNAT'S WESTSIDE CREST MULTI-FAMILY HOUSING
Attorney Sam Diamond and John Cunat were in attendance. Attorney Diamond
noted the City had approved the original bond issue in November of 1987 for
$3,900,000. Diamond also stated that, as in all housing bonds, there is no liability
or exposure to the City. All expenses incurred by the City will be paid for by the
petitioner. The property owners and bond holders, John and Brian Cunat, are
requesting a public hearing be scheduled and as a separate agenda item on the same
evening, consideration be given to the passage of a resolution authorizing the
refunding of the Westside Crest variable rate multi-housing revenue bonds.
Motion by Locke, seconded by Bolger, to hold a public hearing on February 21 ,
1996 for the refinancing/refunding of the Westside Crest Variable Rate Multi-housing
Bonds and to consider as a separate agenda item a resolution authorizing the
refinancing/refunding of the Westside Crest Variable Rate Multi-Housing Bonds.
Some discussion followed. Attorney Diamond was directed to provide City
Attorney McArdle with the appropriate paperwork 10 days prior to the public hearing.
Motion by Baird to table the discussion on the Westside Creek Variable Rate
Refunding Revenue Bonds.
Motion died for lack of a second.
January 31 , 1996 Page 10
Mayor Cuda called for a vote on the original motion.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
A brief dialogue occurred between John Cunat and Council regarding two-way
cooperation.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported that an informational meeting among the Knox-Busch family,
their attorney Guy Youman, Mike Magnuson, County Highway Superintendent, and
City representatives had been conducted that afternoon. At this time, Mr. Magnuson
informed all parties the Army Corps of Engineers was willing to permit the
construction of the Bull Valley Road extension under the following conditions:
- Monitoring wells are to be installed and monitored for two consecutive Spring
seasons;
- Absolutely no development may occur within a 75-foot perimeter surrounding
the designated wetlands until the well monitoring results can be analyzed and
the location of the groundwater determined;
No decisions were made at this time, however, it was apparent to all parties that
the construction of the Bull Valley extension was imperative.
Mayor Cuda also reported that he had been in contact with Pacini Land Planner
Gregg Gabel. Mr. Gabel will be attending the February 7, 1996 regularly scheduled
Council meeting to revisit the Pacini project on Route 31 and Bull Valley Road.
Mayor Cuda noted that the Planned Unit Development (PUD) Ordinance will also
be on the February 7, 1996 agenda for approval.
COMMITTEE REPORTS
Alderman Lawson, Chairman of the Finance Committee, reported a revised Finance
Committee meeting schedule will be provided to the Aldermen in the near future.
STAFF REPORTS
Director of Parks and Recreation Merkel distributed copies of the letter sent to all
McCullom Lake residents by Robert Kirschner of NIPC regarding the aeration system.
Merkel also distributed drafts of the Summer brochure and requested Aldermen
contact him immediately with any revisions and/or comments.
EXECUTIVE SESSION
Motion by Bolger, seconded by Locke, to go into Executive Session, to discuss
Personnel.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 1 1 :00 PM.
Motion by Locke, seconded by Bolger, 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 1 1 :05 PM.
January 31 , 1996 Pag✓ 11
ADJOURNMENT
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 11 :06 PM.
✓-` MAYOR CITY L