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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