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HomeMy WebLinkAboutMinutes - 12/07/1994 - City Council I REGULAR MEETING DECEMBER 7, 1994 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, December 7, 1994 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Lawson, Baird. Alderman Bates arrived at 7:37 P.M. Absent: None. City Staff in attendance were: City Clerk Althoff, City Administrator Peterson, City Attorney McArdle, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Building and Zoning Lobaito, Chief of Police Joyce. Absent: None. TEN MINUTE PUBLIC INPUT SESSION Phil Bartmann, President of the McHenry Area Chamber of Commerce, explained that due to an uplanned and unscheduled reorganization of Fiesta Days, the Chamber would be approaching the City somewhat later than usual with their request for the use of City parks and facilities for Fiesta Days. He stated, however, that the time frame, although not definitive, would be somewhat the' same as in previous years - Approximately the third week in July. CONSENT AGENDA Motion by Baird, seconded by Lawson, to approve the Consent Agenda as follows: (1) November 21, 1994 Special City Council Meeting Minutes; (2) Tuition Reimbursement Request - Laura Moats, Human Relations in Business, $118.00; (3) Sale of Surplus City Property - Computer Printer in Police Department; • Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: None. Absent: Bates. Motion carried. Alderman Bates arrived at 7:37 P.M. INTERPRETATION OF SECTION 11-180 OF THE McHENRY MUNICIPAL CODE City Administrator Peterson explained that the residents of the Winding Creek Subdivision have expressed concern over the presence of a rodent population. Residents feel a contributing factor to the presence of these rodents is the existence of residentially composted materials, which are providing nesting and food. A resident of the Winding Creek Subdivision, Mrs. Audrey Buellesbach, addressed the Council and stated her belief that Section 11-180 of the McHenry Municipal Code requires all residential property owners who compost organic wastes to do so in rodent-proof, insect-free, and watertight structures. She has asked the City to inspect private property and issue citations to homeowners who do not meet this standard in accordance with Section 11-180. Lengthy discussion followed regarding past practice of enforcement. Alderman Locke suggested this might be an issue for the Environmental Advisory Commission. Motion by Locke, seconded by Baird, to refer the issue of composting and rodent elimination, as well as an interpretation of Section 11-180 of the McHenry Municipal Code to the Environmental Advisory Commission for review and recommendation of a solution to the issue of Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda also asked that Audrey Buellesbach be notified when the Environmental Advisory Commission would be meeting to address this issue so that she may be in attendance. A second concerned citizen of the Winding Creek Subdivision, Kathy Kuczar also made a statement supporting Ms. Buellesbach's original comments and her request for enforcement of Section 11-180. December 7, 1994 Page 2 SIGN VARIARCE REQUEST -_McHENRY STATB BAND Director of Building and Zoning Lobaito explained that McHenry State Bank is seeking a sign variance to allow the installation of a third wall sign on their building. There are presently two signs, one located the south wall and one on the west wall. The third sign would be o he east wall, and would not create an excess of total sign area allowed by ordinance. Motion by Baird, seconded by Lawson, to approve the sign variance for McHenry State Bank for one additional 57 square foot sign to be installed on the building's east wall. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PUBLIC gMING 1994 TAX LM ORDINANCE The Public Hearing on the 1994 Tax Levy Ordinance was called to order by Mayor Cuda at 8:11 P.M. City Administrator Peterson that in compliance with State Statute, the Council must hold a public hearing to consider the proposed tax levy. The proposed schedule was presented November 16, 1994. At that time, it was proposed by several residents and City Aldermen that the Council may wish to reduce the tax levy amount to achieve a reduction in rates to provide property tax relief for City residents. Mayor Cuda asked if any Aldermen or anyone in the audience had any comments on the 1994 tax levy. There were no comments. Mayor Cuda then asked City Clerk Althoff if the Clerk's office had received any written or oral comments on the 1994 Tax Levy. The Clerk reported there were no comments received. Motion by Lawson, seconded by Bolger, to close the Public Hearing. Voting Aye: Bolger, Locke, 'Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The Public Hearing was closed at 8:15 P.M. Several options to reduce property tax rates were discussed, including (1) reduction in the General Fund from the $750,000 level to $700,000; (2) a reduction in the Retirement Levy from $430,000 to $415,000; and (3) consideration of reducing the., public benefit from $48,000 to 0$, and shifting the expenditure to the Water/Sewer Fund. --� Motion by Bates, seconded by Lawson, to pass the 1994 Tax Levy Ordinance as presented in the amount of $1,873,000.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Baird asked that no reduction in the Civil Defense or Emergency Services and Disaster Fund be made. GLACIAL HEIGHTS SUBDIVISION PRELIMINARY PLAT The owners of Glacial Heights Subdivision, John and Brian Cunat, were in attendance. They explained they were seeking Council approval of their preliminary plat on the Glacial Heights Subdivision. The property is located within 1 1/2 miles of the City's boundaries, and is subject to the City's Subdivision Control Ordinance. The preliminary plat reflects a 14-lot subdivision, which includes one outlot on approximately 20 acres. Lot sizes range from 1 acre to 1.77 acres, with an average of 1.1 acres. The project is consistent with City E-1 Estate zoning. The Plan Commission voted 4-0 to approve this preliminary plat. Mayor Cuda asked whether all public improvements will be constructed according to City standards, as in all likelihood this property will be annexed to the City sometime in the future. The Cunats stated that the property is not subject to City standards, only County requirements. Alderman Baird led the discussion regarding the potential annexation of this property. As the property is larger than 60 acres, it cannot be forceably annexed, and the Cunats stated their disinterest in annexation, wr,-5Id only cost .them additional monies and offers no significant December 7, 1994 Page 3 Discussion continued regarding setback requirements. Motion by Baird to approve the preliminary plat. Motion failed for lack of a second. The suggestion was made to have a Special Meeting to discuss at length setbacks, street improvements, and potential annexation. City Administrator Peterson queried Council if they were willing to waive any or all of the fees required for annexation. In response, Council asked the Cunats if they would be willing to abide by the City of McHenry's subdivision standards. The Cunats indicated their willingness to work with the City to meet these standards with the understanding they would be receiving a positive recommendation from the Council on this plat. Mayor Cuda asked that the Cunat brothers send a letter to Council stating their intent to comply with the City's subdivision standards. If the letter is received by Friday at noon, the preliminary plat on Glacial Heights Subdivision will be placed on the December 12, 1994 agenda. COPS FAST GRANT APPLICATIOft The COPS FAST Grant is one of several approaches developed by the Department of Justice under the Violent Crime Control and Enforcement Act of 1994, whereby 100,000 new police officers are to be added to �. communities using the community policing concept. The program provides up to $75,000 per officer over a three-year period ($25,000 per year, per officer) . The process involves an initial screening grant, and if successful, a more complete application. Chief Joyce explained he would be creating another 'fully staffed community beat area with the six new officers. City Administrator Peterson also noted that a requirement of the grant is the retention of all officers once the grant concludes. Discussion followed regarding where the monies will come from once the grant expires. City Administrator Peterson noted that the growth of the City's property income and sales tax base should cover the additional costs. Motion by Bolger, seconded by Baird, to direct staff to submit the COPS FAST grant application as presented, seeking the addition of six new patrol officers under the Federal Violent Crime Control and Enforcement Act of 1994. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. L AMOCO - CRYSTAL LAKE ROAD - WATER MAIN RECAPTURE AGREEMENT City Administrator Peterson explained, as indicated by the letter from Carl Moon of Baxter & Woodman, that the costs submitted for inclusion in the Amoco Recapture Agreement has been resolved, and should reflect the total cost of $100,115. It was staff's recommendation to approve the recapture agreement, subject to the City's final acceptance of the water main and posting of a one-year warranty. Motion by Locke, seconded by Baird, to accept the Amoco Water Main Recapture Agreement subject to the City's final acceptance of the water main and posting of a one-year warranty. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. FINAL PAYMENT - WILLIAM A RANDOLPH, INC., WATER TREATMENT PLANT4 Director of Public Works Batt sought approval for final payment to William A. Randolph in the amount of $51,001.57 for the construction of Water Treatment Plant #4. He noted that Baxter & Woodman recommended a retention of $8,111.60. This dispute will be resolved at a later date, and has no bearing on William A. Randolph's entitlement to the $51,001.57. December 7, 1994 Page 4 Motion by Bolger, seconded by Lawson, to approve the payment of $51,001.57 to William A. Randolph, Inc. for the construction of Water Treatment Plant #4. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTEWATER INTO ILLINOIS ROUTE 31'S STORM SEWERS OR ANY STORM SEWER WITHIN THE CITY City Administrator Peterson explained that as part of the City's agreement with the State of Illinois to have a signalized traffic signal at the intersection of Prime Parkway and Illinois Route 31, it is necessary for the City to approve an ordinance which makes it unlawful for anyone to discharge sanitary and industrial wastewater into the storm sewers constructed as part of the improvement or into any storm sewer in the City of McHenry. Motion by Bolger, seconded by Lawson, to pass the ordinance as presented prohibiting the discharge of sanitary and industrial wastewater into Illinois Route 31's storm sewers or into any storm sewer within the City of McHenry as part of the State of Illinois signalization of the "IN Intersection with Prime Parkway. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE REGULATING PARKING AT THE INTERSECTION OF PRIME PARKWAY AND ILLINOIS ROUTE 31 As part of the City's agreement with the State of Illinois to install traffic signals at the intersection of Prime Parkway and Illinois State Route 31, it is necessary for the City to approve an ordinance prohibiting parking within 400 feet of the new signalized intersection. Motion by Bolger, seconded by Lawson, to pass the ordinance as presented prohibiting parking within 400 feet of the signalized intersection at Prime Parkway and Illinois Route 31. Voting Aye: Bolger, Locke, Bates, Lawson., Baird. Voting Nay: None. --� Absent: None. Motion carried. ORDINANCE AMENDMENT - ALCOHOLIC BEVERAGES IN CITY PARKS The City Council passed an ordinance several weeks ago regarding disorderly conduct, gang activity, etc. Upon codification, staff discovered a conflict with another ordinance. The proposed amendment would clarify the use of alcoholic beverages on public property. Some discussion followed regarding the minimum penalty of $400.00. Motion by Lawson, seconded by Bates, to pass the ordinance as presented amending Sections 14-36(B) and 16-28 of the Municipal Code clarifying the use of alcoholic beverages in City parks. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Locke left the meeting at approximately 9:27 P.M. PARKING ORDINANCE AMENDMENTS SOUTH SIDE OF MAIN STREET, AND EAST AND WEST SIDE OF THIRD STREET City Administrator Peterson explained that in the process of posting new signs in connection with the parking ordinance, the City allowed no parking on the south side of Main Street, 150 feet east of Front Street to Green Street. This posting does not allow for an existing business in the area. In addition, the owner of a duplex at 3711 Waukegan wrote a letter stating his need for relief for his tenants to have parking in front of the building on Third Street. December 7, 1994 Page 5 Motion by Bolger, seconded by Baird, to pass the ordinance as presented which amends the "No Parking" area on the south side of Main Street making it 100 feet further east and adding two hour parking on Third Street to allow the tenants at 3711 Waukegan to park on Third � Street. Voting Aye: Bolger, Bates, Lawson, Baird. Voting Nay: None. Absent: Locke. Motion carried. Alderman Locke returned to the meeting at approximately 9:35 P.M. RESOLUTION AUTHORIZING THE MAYOR AND DIRECTOR OF PARKS AND RECREATION TO SIGN AN APPLICATION FOR THE CITY TO BECOME A TREE CITY U.S.A. Director of Parks and Recreation Merkel explained that he was seeking Council approval to apply for a grant to become a Tree City U.S.A. The designation is granted by the National Arbor Day Foundation, and recognizes municipal efforts to promote and encourage the maintenance of trees. This is a no cost application, and once designated a Tree City, allows for additional credits when applying for grants. Motion by Lawson, seconded by Bates, to pass a resolution as presented authorizing the Mayor and Director of Parks and Recreation to sign a grant application for a Tree City U.S.A. designation from the National Arbor Day Foundation. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. NAMING OF PARKS City Administrator Peterson stated that as part of the Hillside Subdivision annexation, the City received two parcels of property for park purposes. The first property, which is on the west side of Green Street, is considered a neighborhood or tot park. The 13-acre site on the east side of Green Street was donated to the City and includes the detention facility for the Pebble Creek Subdivision. The Parks and Recreation Committee has recommended this park be named Boulder Creek Park due to the presence of large boulders which line the creek,, and the tot-lot to be named Pebble Creek Park. A third possible park location is the Neumann property on Green Street acquired during the sale of the old City Hall at 1111 N. Green Street. City Administrator Peterson asked that the Council consider naming this park at this time as well. �-- Motion by Bates, seconded by Bolger, to pass a resolution naming the 1.3 acre neighborhood park in the Pebble Creek Subdivision (formerly Hillside) on the west side of South Green Street "Pebble Creek Park" and the 13-acre site on the east side of South Green Street "Boulder Creek Park", and the North Green Street property acquired from Ned Neumann "Neumann Park". Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID -ONE FOUR-WHEEL DRIVE PICKUP TRUCK WITH SNOWPLOW Director of Public Works Batt explained that on November 29, 1994 five bids were opened for the purchase of a new four-wheel drive pickup truck with snowplow for use in the Streets Division. The 1994-95 Budget contains $19,000 for this purchase. The low bidder was Olympia Fields Ford in the amount of $19,540.00. Some discussion followed regarding delivery dates. A suggestion was made to consider awarding the bid to a local businessman if their delivery time was shorter. Further discussion ensued. Motion by Lawson, seconded by Baird, to award the bid for a four-wheel drive pickup truck with snowplow to the low bidder, Olympia Fields Ford, in the amount of $19,540.00. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: Bolger. Absent: None. Motion carried. December 7, 1994 Page 6 ANNUAL RESOLUTION ESTABLISHING COUNCIL MEETING DATES City Administrator Peterson noted that according to State Statute, municipalities must pass a resolution setting Council meeting dates for -, each calendar year. Motion by Lawson, seconded by Bolger, to approve and pass the annual resolution establishing Council meeting dates for 1995. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda drew Council's attention to the recycling memo found in their agenda packets. He explained that those units not presently recycling are being contacted by the City's waste hauler, Northshore Waste. The City Clerk's office will be responsible for follow-up. Mayor Cuda then informed Council that in light of the large number of trees lost during the Route 31 G & H Development, he would like in the near future to see the Council consider an ordinance to protect the trees. COMMITTEE REPORTS Alderman Bates announced a Parks and ' Recreation Committee meeting will be held December 15, 1994 at 7:30 P.M. Alderman Bolger requested that all the Aldermen present to either City Administrator Peterson or Director of Public Works Batt their recommendations for the Street and Sidewalks Program. The lists will be reviewed and presented to Council for final approval. Alderman Bolger also informed Council of Denise Kaufman's (resident of the 1200 block of South Green Street) request to lower the speed limit in front of the homes in her block. He asked Chief Joyce to 'review the request. STAFF REPORTS Director of Building and Zoning Lobaito reviewed the Complaint Analysis Report included in the Aldermen's packets. This report will be provided to the Aldermen on a quarterly basis. Director of Public Works Batt distributed City Engineer Marcinko's ..� memo regarding the Hamlin drainage issue - and his recommendation to construct the swale as originally designed. In response to Alderman Baird's question, Director of Public Works Batt stated that Mr. Hamlin had not yet been informed of Mr. Marcinko's recommendations. Motion by Bolger, seconded by Baird, to table the Hamlin drainage issue until a later date. Voting Aye: Bolger, Bates, Baird. Voting Nay: Lawson, Locke. Absent: None. Motion carried. City Administrator Peterson reminded the Council that all tabled items must come back to Council by virtue of Council direction. Director of Public Works Batt sought Council approval to negotiate with the Library District for use of storage space at their new location: 809 N. Front Street, in exchange for snowplowing and street sweeping services. The library is scheduled to consider renting this facility at their December 13, 1994 meeting. Motion by Bates, seconded by Bolger, to authorize the Director of Public Works to offer snowplowing and street sweeping services to the Library District in exchange for storage space at their 809 N. Front Street property. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. December 7, 1994 Page 7 City Administrator Peterson presented Inland Capital Development Fund's concept plan for their property along Bull Valley Road and Crystal Lake Road. Alderman Bolger requested a memo and a copy of the concept L plan be provided for the Aldermen. It was noted that this property needs to be annexed to the City. NEW BUSINESS Alderman Bates suggested Council consider approving Wal Mart's sign variance request for one pharmacy sign. It was determined Council will hold off on any further action until Wal Mart resubmits their request. Alderman Locke informed Council the owners of Grand Prix Car Wash would like to make landscaping improvements to their facility. He was directed to inform the car wash owners to proceed with their request to the proper City department. In response to Alderman Locke's query, he was informed the Kotiw property has been purchased, and the screening for his dumpster has been completed. Alderman Locke then requested City Administrator Peterson distribute to Council the Crain's article Locke recently provided to Peterson. Alderman Baird asked City Administrator Peterson about the status of his request to have a stop sign installed at the intersection of Courtland and Driftwood Trail in Winding Creek. City Administrator Peterson noted he will investigate the situation and respond at the next Council meeting. Alderman Bolger requested that a resolution be drafted to the Fiesta Days Board thanking them for their support and commitment to Fiesta Days. Motion by Bolger, seconded by Locke, to direct staff to draft a _ resolution thanking the Fiesta Days Committee for their support and commitment. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Locke asked if the City had jurisdiction over the speed limit at Crystal Lake Road and Winding Creek. It was noted that although the City does not have formal jurisdiction at this time, the speed limit issue may be addressed. 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 10:25 P.M. /)-,�— ��> 4�evL CITY LERK MAYOR