HomeMy WebLinkAboutMinutes - 11/02/1994 - City Council REGULAR MEETING
NOVEMBER 2, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, November 2, 1994 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. Alderman Baird arrived at
�j 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. Absent: Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Anton Rebel of 4009 W. Maple Avenue, addressed the Council concerning
the large amount of garbage in and about the area of Fort McHenry and
Boone Creek. He then stated his concerns about Electro-Magnetic Fields
and their danger to everyone's health. Mr. Rebel concluded with a
request for volunteers to ride the school buses to assist in maintaining
discipline, allowing the bus drivers to focus solely on the driving.
Carol Jean Smith, representing the Landmark Commission, informed the
Council that the Commission had received a plaque application from the
Lutheran church on John Street. She also distributed Facade Grant
application and qualification information for Council's review.
Steve Hamlin, of 216 N. Green Street, noted his pleasure with the
Council's initial response to his drainage problem. However, he now was
asking for clarification on the Council's original action. Mr. Hamlin's
original understanding was that the homeowners would purchase the piping
and Public Works would do the work. City Administrator Peterson
explained that the Council had authorized the Public Works Department to
install 4" black elephant tile in the residents' yards. The residents,
however, now were requesting a 15" plastic pipe be installed, which
substantially changes the scope of this project. Discussion followed and
determination was made to make this issue an agenda item at the November
30, 1994 regular City Council meeting.
CONSENT AGENDA
Alderman Baird asked that the October 5, 1994 minutes be removed from
the Consent Agenda to be corrected and resubmitted for approval,
reflecting a $50,000 maximum payment by the City for the Thornwood
drainage repairs.
Motion by Lawson, seconded by Baird, to approve the Consent Agenda,
as follows:
(1) October 12, 1994 Regular City Council Meeting Minutes;
(2) October 24, 1994 Special City Council Meeting Minutes;
(3) Progress Payment No. 3 to Hampton, Lenzini, & Renwick in the
amount of $21,049.79 for Green Street, Phase II construction
inspection;
(4) Payment to State of Illinois in the amount of $23,133.08 for
Green Street, Phase II project;
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PUBLIC IMPROVEMENTS - GREEN VALLEY UNITS I-III, MR CHRIS NEWKIRK
Mr. Newkirk of Granite Builders, the developer of Green Valley,
stated his belief that it would not be in the best interest of the City
to complete the public improvements in Green Valley, Units I-III at this
time. He explained that he only had the final surfacing of the streets
and the sidewalks in front of the 46 undeveloped lots to complete. If he
were to complete the streets and sidewalks now, he felt they would not
r^ hold up under the construction of the undeveloped lots, and would require
repair at an additional expense to himself. Discussion followed
regarding potentially poor weather conditions, alternative completion
dates, and compromise action. Determination was made to let the previous
Council action stand, and require Green Valley Units I-III public
improvements be completed by December 31, 1994. It was stated that if
Mr. Newkirk shows good faith in his attempt to complete the improvements
by this date, and poor weather intervenes, he may come before the Council
once again and ask for an extension.
November 2, 1994 Page 2
CONDITIONAL USE REQUEST FOR PUBLIC LIBRARY PURPOSES - 809 N FRONT-5-1-
Dan Curran, attorney for the McHenry Public Library, stated his
client's intention to relocate their facilities on Green Street to a .�
larger facility at 809 N. Front Street. The Library has a contract to
purchase this building, pending approval of appropriate zoning to operate
their facility. The Zoning Board of Appeals unanimously recommended
approval to grant a conditional use for public library purposes in this
C-5 zoned area, subject to a cross easement access agreement to be
executed between the McHenry Public Library District and the property
owner to the north.
Attorney Curran noted the condition requiring an agreement between
the Library District and the property owner to the north for unrestricted
shared access to the north driveway has been met. City Administrator
Peterson suggested that cancellation of this easement be subject to
Council approval. Attorney Curran agreed. He also stated Judy Moore,
President of the Library Board, has also been in contact with the
Illinois Department of Transportation regarding the safe crossing of
Route 31 for pedestrians. They will continue to pursue this issue,
however, a signal does already exist at the intersection of Route 31 and
Lillian, which is approximately 2 blocks away from the proposed new
library location. City Administrator Peterson stated that the Library
District, working with Director of Public Works Batt, could plan
pedestrian crosswalks and library signage. The City should contact the
Illinois Department of Transportation, as the City's request may have
more significant weight requesting a traffic signal at the intersection
of Route 31 and the library.
Discussion followed regarding the Zoning Board of Appeals' suggestion
of a pedestrian overpass across the Chicago-Northwestern tracks to
facilitate access to the library for neighborhood children. City
Administrator Peterson noted the great expense of constructing such a
crossing, as well as the difficulty in obtaining the cross easement for
air rights.
Motion by Bolger, seconded by Bates, to approve the Zoning Board of
Appeals' recommendation and pass an ordinance granting a conditional use
permit for a public library at 809 N. Front St. , subject to a
cross-easement access agreement to be executed between the McHenry Public
Library District, the City of McHenry, and the property owner to the
immediate north of the subject property, for a shared access drive.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Some discussion followed regarding the renaming of Meadow Lane, which
is the street to the south of the Library, as well as improvements to
this street, including resurfacing, curb and gutter. The Library has
stated that it has no immediate plans to curb and gutter this street.
Director of Public Works Batt and Director of Building and Zoning Lobaito
stated that their main concern was not the completion of street
improvements, but the controlled access due to the increased usage of
this building. It was suggested that a meeting be scheduled between the
Director of Public Works, the Director of Building and Zoning,
representatives of the Library, and the building's owner, James Althoff,
to work out the remaining issues.
SIGN VARIANCE REQUEST - NORTHERN ILLINOIS MEDICAL CENTER
Penny Hughes of the Hughes Sign Company and John Hadley, Director of
Facilities Management for the Northern Illinois Medical Center, requested
Council approval for a variance to permit the installation of 19 type 3
signs on the Northern Illinois Medical Center Campus for directional
clarification and informational purposes.
Motion by Lawson, seconded by Locke, to approve the 19 sign variances
as requested for the Northern Illinois Medical Center to facilitate
directing traffic and providing information in connection with the new
hospital facility.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 2, 1994 Page 3
ENVIRONMENTAL ADVISORY COMMISSION REODEST TO CONSIDER BAR ON LEAF
BURRING
Chairman Tom McCarthy and Alice Howenstine of the McHenry
`-- Environmental Advisory Commission, asked the Council to consider a ban on
leaf burning in the City of McHenry. Mr. McCarthy noted the health
hazards associated with leaf burning and informed the Council that
McHenry's proximity to the river causes an atmospheric conversion where
smoke cannot dissipate, so it lingers in the area for long periods of
time. Discussion followed regarding the potential cost of eliminating
burning, the alternatives to burning, and the County's eminent action
regarding burning. A suggestion was made to devote the December 12, 1994
workshop meeting to this issue. Alderman Lawson requested that the
Environmental Advisory Commission provide information to the Council at
that time regarding alternative methods to burning, costs, and any other
pertinent information they feel might be necessary.
Mayor Cuda called for a recess at 9:00 P.M. The meeting was
reconvened at 9:15 P.M. , with everyone still in attendance.
Alderman Bolger requested, as the hour was late, and interested
parties were in attendance, that the C-4 zoning use agenda item be
discussed next. Mayor Cuda and Council concurred.
DISCUSSION ON C-4 ZONING USES
City Administrator Peterson explained that in September of 1993 the
Council had amended the Zoning Ordinance, specifically changing some of
the permitted uses in the C-4 zoning category. Alderman Bolger
distributed copies of a survey he had recently conducted, noting all
existing businesses which would presently not conform to the newly
amended ordinance. These uses would not be permitted in the future, and
City Administrator Peterson questioned whether this was, in fact, the
intent of Council. Transcripts of the three meetings where the C-4
zoning issue was addressed were also provided for Council review.
Discussion followed regarding the Council's reasoning for the zoning
text amendment. It was felt the large parking requirements of certain
C-4 businesses was a factor, as well as the proximity to residential
dwellings. It was suggested the Council rethink this issue, as the
Zoning Board of Appeals' purpose of creating the C-4 district was to save
the existing downtown areas. The new zoning text appears to hinder
downtown development, and causes the majority of existing business uses
to be non-conforming.
City Administrator Peterson summed up the discussion and stated the
`..— only two options available to Council were 1) a text amendment reversing
the existing amendment, or 2) granting a use variance on this specific
property.
Motion by Baird, seconded by Bolger, to authorize Director of
Building and Zoning Lobaito to present to the Zoning Board of Appeals a
text amendment petition adding back as permitted uses those uses that
were eliminated during the last text amendment, or to repeal the present
C-4 ordinance.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Baird requested further discussion and review at a later
date on the new expanding C-4 zoning and permitted uses in this zoning
classification.
ORDINANCE INCREASING CLASS "G" LIQUOR LICENSES FROM 4 to 5
Mayor Cuda explained he had recently received an application for a
liquor license from Art Theodoris of the Green Street Cafe. Mr.
Theodoris is applying for a Class "G" liquor license, which Mayor Cuda
has approved. In order to grant the liquor license, an ordinance must be
passed increasing Class "G" liquor licenses from the current allowable 4
to 5.
November 2, 1994 Page 4
Motion by Locke, seconded by Bolger, to pass an ordinance increasing
the Class "G" liquor licenses from 4 to 5 and authorizing issuance of
this license to Art Theodoris of Green Street Cafe.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ARCHITECTURAL SERVICES FOR AMERICANS WITH DISABILITIES ACT COMPLIANCE
FOR PARK FACILITIES
Alderman Bates, Chairman of the Parks and Recreation Committee,
explained that it was the recommendation of the Committee to award an
architectural services contract to Cone, Kalb, and Wonderlick, the low
bidder in an amount not to exceed $3,440.00.
Motion by Bates, seconded by Bolger, to award a contract to the low
bidder, Cone, Kalb and Wonderlick in an amount not to exceed $3,440.00
for design services to comply with ADA requirements in park facilities.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID - TENNIS COURT RENOVATIONS
Alderman Bates, Chairman of the Parks and Recreation Committee, noted
that two companies had submitted bids for the renovation of tennis courts
at Knox Park, Petersen Park, and Freund Field. Included in the bid was
an alternate for consideration of paving an area in Fox Ridge Park for an
ice skating/roller blade area. The Parks and Recreation Committee
recommended the Council award the bid for tennis court renovation to M-C
Sports Systems in the amount of $38,097.00. The Committee also
recommended the purchase of a PVC liner to be installed in the current
skating area at Fox Ridge Park, as opposed proceeding with the asphalt
alternative.
Motion by Locke, seconded by Lawson, to award the bid for tennis
court renovation at Knox Park, Petersen Park, and Freund Field to M-C
Sports Systems in the amount of $38,097.00, and to purchase a PVC liner
in an amount not to exceed $4,000, to be installed this season at the Fox
Ridge Park for ice skating.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird. "1
Voting Nay: None.
Absent: None.
Motion carried.
REPLACEMENT OF COMPUTER SYSTEMS FOR FINANCIAL PAYROLL, AND
ADMINISTRATIVE FUNCTIONS
City Administrator Peterson explained the purchase of new computer
hardware and software will replace the aging and obsolete Wang hardware
and Cojabec software the City's Administrative Department currently
utilizes. Four proposals were submitted, two were eliminated as not
meeting the specifications of the City's request for proposals. The
remaining two proposals from Precision Computer Systems and Municipal
Software were distributed for Council review. In addition to software
and hardware purchases, the City also needs to convert existing files
from the Wang system, as well as install the purchased computer system.
A proposal was sought from CompNet, whose Principal, Kathy Lewis has been
the City's computer programmer for a number of years. Due to her
familiarity with the Wang system and the customized software, the City
did not seek competitive proposals for these services. The quoted cost
from Municipal Software is $79,794.00, and the quoted cost from Precision
Software is $72,904.00. Some discussion followed regarding the two
proposals.
Motion by Lawson, seconded by Bolger, to award the contract for the
purchase of computer hardware and software to Precision Computer, Inc. ,
the lowest responsible bidder, in the amount of $72,904.00, and to award
a proposal to CompNet, Inc. in an amount not to exceed $15,000.00 for the
installation of the computer system and conversion of existing files.
November 2, 1994 Page 5
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Discussion occured noting the proposal was $15,000 over budget. City
Administrator Peterson suggested the additional funds can be drawn from
the Water and Sewer Fund, as the new computer system will also be
utilized for water and sewer billing purposes. Debate followed regarding
the use of the Water and Sewer Fund or the General Fund to cover the
additional $15,000 computer expenditure.
Motion by Baird, seconded by Lawson, to debit the Water/Sewer Fund
$15,000 to cover its share of the new computer hardware and software
purchase.
Voting Aye: Bolger, Lawson, Baird.
Voting Nay: Bates, Locke.
Absent: None.
Motion carried.
AUTHORIZATION TO ADVERTISE FOR BIDS - STREET DIVISION
City Administrator Peterson explained that the 1994-95 Budget
contains $19,000 for the purchase of a four-wheel drive pickup truck with
snowplow for use in the Streets Division. This piece of equipment is an
additional truck for the Streets Division. It is recommended the Council
authorize staff to advertise for bids for the purchase of a new
four-wheel drive pickup truck with snowplow.
Motion by Baird, seconded by Lawson, to authorize staff to advertise
for bids for the purchase of a new four-wheel drive diesel pickup truck
with snowplow for use in the Streets Division.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
DRAFT WRITTEN CITY RESPONSE TO McEWY COUNTY 2010 TRANSPORTATION PLAN
The City Council directed staff at its October 12, 1993 meeting, to
prepare a written draft response to Mike Magnuson's presentation of the
County's 2010 Transportation Plan. A copy of the draft was distributed
for Council review. Discussion followed on order of priority for the
specified elements of the Transportation Plan. City Administrator
`-- Peterson explained that he had prioritized the items in order of funding
priorities from the County. Discussion continued. Determination was
made to prioritize two lists: List A would prioritize those items funded
by the County, and List B would prioritize those items not funded by the
County. City Administrator Peterson was directed to redraft the response
to the County's Transportation Plan, prioritizing two separate lists of
County-funded, and County non-funded elements which impact the City of
McHenry. The redraft will be distributed in Friday's agenda packets. If
no comments are forthcoming, City Administrator Peterson and- Mayor Cuda
will forward the comments on to the County Board.
Alderman Locke left the meeting at 10:27 P.M.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda distributed his recommendations for the vacancies on the
Police Commission and Zoning Board of Appeals.
Motion by Baird, seconded by Lawson, to approve Mayor Cuda's
appointments as follows: Father Robert Sherry to the Police Commission
and Charles Lovett to the Zoning Board of Appeals.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
November 2, 1994 Page 6
Alderman Locke returned at 10:30 P.M.
COMMITTEE REPORTS "1
Alderman Bates, Chairman of the Parks and Recreation Committee,
reportd that the Parks and Recreation Committee met October 26, 1994 to
address the scheduling of baseball fields. He noted the minutes of the
last three Parks and Recreation Committee meetings were distributed for
Council review.
Alderman Locke, Chairman of the Finance Committee, reported the
minutes of the October 19, 1994 Finance Committee meeting were also
distributed for Council review.
STAFF REPORTS
Director of Building and Zoning Lobaito reported he had received a
petition from School District 15 seeking a conditional use for the
library building on Main Street to house their administrative offices.
Upon the filing of this petition, Supt. Dodds requested a waiver of the
filing fees, which amounts to $360.00.
Motion by Baird, seconded by Lawson, to waive the zoning filing fees
for School Disrict 15's conditional use petition for the former library --�
building on Main Street.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt reported that McCullom Lake Road was
repaved today. He noted the City of McHenry had granted an extension to
the contractor, Skokie Valley Asphalt, to complete the work. Baxter &
Woodman has been hired to complete the striping layout in the three-lane
configuration.
Paint striping will be done at a later time. The signage for
restricting school parking has been ordered, although the posts have
already been installed. Batt anticipated sign delivery early next week.
He reminded the Council that the City was hosting an auction for surplus
equipment. It will be held on Saturday, November 12, 1994 at 11:00 A.M.
Equipment viewing begins at 9:30 A.M.
Director of Parks and Recreation Merkel noted that there were some '1
policy items and picnic/special event rules and regulation changes
discussed at the last three committee meetings which he would like the
Council to take action on. Merkel stated his plan to present these
issues at the next meeting for Council action.
In response to the High School's request for a cooperative effort
with the City for their Building Trades Program, the Parks and Recreation
Committee suggested renovation work at the Mass Farm, a Petersen Park
project, or the construction of storage/press boxes at Petersen and Knox
Parks behind the lighted baseball fields. The School District expressed
interest in the construction of the press/storage boxes at Petersen and
Knox Parks. Merkel explained the City's responsibility would be the cost
of the materials, totalling approximately $4,500 per unit. The School
District would be responsible for the labor, design work, and
supervision. Merkel asked for direction from the Council on how to
proceed. Discussion followed.
Motion by Baird, seconded by Bolger, to approve the expenditure of up
to $4,500 per unit for the materials to construct storage/press boxes at
Petersen and Knox Parks by the High School Building Trades program
participants.
Voting Aye: Bolger, Baird.
Voting Nay: Lawson, Bates, Locke.
Absent: None.
Motion failed.
November 2, 1994 Page 7
Merkel noted the Jaycees Haunted House "Spooking for Sparks" was a
tremendous success. He will be meeting with them within the next month
to work out the details for the Third of July fireworks display. Fort
McHenry's "Friends of the Park" group will be hosting a work day
Saturday, November 5, 1994 between the hours of 12:00 Noon and 4:00 P.M.
City Administrator Peterson distributed for the Council's review a
report from the Staff retreat on October 28th and 29th. Any comments or
questions are to be directed to City Administrator Peterson.
NEW BUSINESS
Alderman Lawson requested City planner Allen Kracower be present to
facilitate the November 16, 1994 workshop meeting. Discussion followed
regarding Mr. Kracower's services, and when payment of those services are
the responsibility of the City as opposed to the responsibility of the
developer through Retained Personnel. City Attorney McArdle suggested
the consultant make the determination when his services are directly
associated with the Pacini project, or when they correlate more closely
with the City's general overall planning process. City Administrator
Peterson noted that the 1994-95 Budget does contain $20,000 for planning
services.
Alderman Bates requested Council approval to remove some Parks
materials from the building for one evening. The Council granted
permission. He also informed Council that all elected officials are
invited to participate in the Riverside Merchants/Jaycees Christmas
`.• Parade on Sunday, November 13, 1994. Interested parties should contact
Alderman Bates directly.
Discussion occured regarding the October 5, 1994 City Council meeting
minutes, specifically addressing the Thornwood drainage ditch issue.
City Clerk Althoff will listen to the tape and make the appropriate
corrections, resubmitting the minutes for Council approval at the next
Council meeting.
EXECUTIVE SESSION
Motion by Bolger, seconded by Locke, to go into Executive Session at
11:02 P.M: to discuss personnel matters.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Lawson, to go back into Open Session at
12:35 A.M. .
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda reported that he had met with Fred Diedrich, President of
the Village of Johnsburg. No solution was reached regarding the Route 31
corridor properties. President Diedrich did inform Mayor Cuda that the
Village had retained the services of the firm Miletello, Zanck, and Coen.
Attorney McArdle reported on the annexation of property on North
Route 31 and stated that a preannexation agreement can be offered to the
interested Route 31 property owners with the agreement subject to
contiguity. Council directed staff to pursue this option.
Motion by Bates, seconded by Locke, to adjourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
L Motion carried.
The meeting adjourned at 12:43 A.M.
CIT CLERK MAYOR