HomeMy WebLinkAboutMinutes - 10/19/1994 - City Council REGULAR MEETING
OCTOBER 19, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda at 7:30 P.M. on Wednesday, October 19, 1994 in the Council
Chambers of the Municipal Center. At roll call the following Aldermen
were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City
Staff in attendance were: City Clerk Althoff, City Administrator
Peterson, City Attorney McArdle, Director of Building and 'Zoning Lobaito,
Director of Public Works Batt, Director of Parks and Recreation Merkel.
Absent: Chief of Police Joyce.
PUBLIC HEARING TO CONSIDER ANNEXATION OF PORTIONS OF FOX RIVER IN
CONNECTION WITH CONTEMPLATED EAST ROUTE 120 ANNEXATIONS
The Council has previously passed a Resolution to annex portions of
the Fox River pursuant to Chapter 65 of the Illinois Compiled Statutes,
Section 5/7-1-2 (f), which provides for the annexing of unincorporated
territories adjacent to the City where the real estate is owned by the
State of Illinois. This annexation assumes the river bottom is owned by
the State of Illinois. However, as the issue of ownership of the river
bottom is still unclear, Attorney McArdle recommended the forceable
annexation of the Fox River pursuant to 65 ILCS 5/7-1-13. which provides
for annexation of parcels wholly bounded by "one or more municipalities .
. and a river."
City Administrator Peterson explained that the reference to a public
hearing was incorrect, and only a public notice was required for this
`• annexation. Mayor Cuda asked for Council direction on whether to hear
any public comment on the annexation.
Motion by Bolger, seconded by Baird, to take comments from the public
regarding the City's proposed annexation of portions of the Fox River.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Karen Burns of 706 South Emerald stated her opposition to the
annexation of the riverbed, as her home is adjacent to the river and a
portion of her property may include a portion of the riverbed.
Discussion followed regarding ownership of the riverbed and the
conclusion that clear ownership cannot be determined. Attorney McArdle
suggested the City annex only the northern portion of the river, as all
of the objectors present lived on the south portion of the river.
Motion by Bolger, seconded by Locke, to pass an ordinance annexing
portions of the Fox River, which is contiguous to McHenry's City limits,
deleting the legal description of the southern portion of the Fox River
Voting Aye: Bolger, Locke, Bates, Lawson, Baird. .
Vots.ng May: None.
None.
Motion carried.
TEN MINUTE PUBLIC INPUT SESSION
Michael Cajthaml of the Martin Woods II subdivision presented another
professional opinion regarding the impact dewatering this area would have
on Lot 151's (Dr. Zidek) well. He also asked the Council for an updated
progress report on this project. City Administrator Peterson explained
that the developer's engineer has the studies, and it is the City's
responsibility to respond to the developer's engineering report and/or
design. Mr. Cajthaml stated his unhappiness with the City's action,
expressing their continued desire to make this pond a dry bottom when he
understood no specific direction was to be given to the developer's
engineer outside of designing a solution to the problem.
Pat Buhrman of the Lakeland Park subdivision asked the Council to
consider a 5-year limitation on the zoning of undeveloped property,
citing the Towne property. She felt the planned light industry
development at that location was inappropriate. She also stated her
desire to see a two-term limitation set for all elected officials.
October 19, 1994 Page 2
James Kottke of the Harmony Snowmobile Club again requested the use
of the northwest section of Petersen Park to host a snowmobile grass
drag. He explained that he had contacted his insurance company, and --N
could provide $1 million in liability, as well as adding the City as an
additional insured. Mayor Cuda informed Mr. Kottke that his request had
been denied twice, and no further action would be taken.
Alice Howenstine, substituting for Tom McCarthy, Chairman of the
Environmental Advisory Committee, asked to be placed on the November 2,
1994 agenda to discuss leaf burning.
Jerry Benes asked Council to consider Pat Buhrman's suggestion
regarding the term limitation of elected officials, perhaps even two-year
terms with a four term limitation. He also suggested at large as opposed
to ward officials.
Alderman Baird distributed a letter from one of his constituents who
could not attend this evening's meeting, and asked the Council and staff
to read it.
CONSENT AGENDA
Motion by Baird, seconded by Lawson, to approve the Consent Agenda as
follows:
(1) September 21, 1994 Regular City Council Meeting;
(2) Police Career Development Program;
(3) September Treasurer's Report
(4) September Budget Report;
(5) September Bills, as follows:
GENERAL FUND
78645 VOID 7--
78646 Ace Hardware 465.74
78647 Acme Brick and Supply Company 300.00
78648 Dan Adams Steel Service 223.56
78649 R.A. Adams Enterprises 1,533.17
78650 Alexander Lumber Co. 731.59
78651 Alexander Battery Co. , Inc. 69.12
78652 Ambassador Office Equipment Inc. 1,568.31
78653 Ameritech Credit Corporation 1,234.27
78654 Ameritech 1,214.01
78655 Antioch Tire, Inc. 232.28
78656 Badger Uniforms 421.85 ..�
78657 B and H Industries 333.30
78658 Cheryl Ann Barone 1,205.20
78659 Barn Nursery & Landscape Center 452.55
78660 Baxter & Woodman Inc. 2,275.20
78661 Berthold Nursery 562.50
78662 Boncosky Oil Company 6,186.36
78663 Botts Welding & Truck Service 35.20
78664 Phillip Brady & Associates Inc. 510.00
78665 VOID ---
78666 Bruce Municipal Equipment Inc. 103.32
78667 Burgess, Anderson & Tate Inc. 88.45
78668 Buss Ford Sales 308.25
78669 Canon Financial Services Inc. 1,703.00
78670 Laurie Carlson & Associates LTD 22.66
78671 Cellular One - Chicago 93.76
78672 Berg Christian Enterprises 90.00
78673 Compnet Inc. 1,147.50
78674 Co mark Inc. 98.00
78675 Commonwealth Edison 6,960.29
78676 Communicatons Revolving Fund 425.00
78677 Commonwealth Edison 724.29
78678 Countryside Flower Shop Nursery 1,008.00
78679 Crystal Lake Tire & Battery Inc. 341.32
78680 Rich Davey 385.00
78681 Decker Supply Co. Inc. 560.30
78682 Eaglebrook Products, Inc. 624.00
78683 Eby Brown 25.98
78684 Ed's Rental & Sales 135.59
78685 Employee Data Forms Inc. 25.25
October 19, 1994 Page 3
78686 Extech Company 97.35
18687 FDC Corporation 323.56
78688 Federal Signal Corp. 94.14
78689 Ferrellgas (McHenry) 10.80
78690 Fischer Bros. Contruction Co. , Inc. 250.00
78691 Foto Fast 27.59
78692 George P. Freund Inc. 151.67
78693 Freund International 14.62
78694 Arthur J. Gallagher & Co. 100.00
78695 Garrelts Plumbing 162.57
78696 G. Communications 392.45
78697 Don Hansen's Alignment Service 80.00
78698 Harms Produce Farm 65.50
78699 Chas. Herdrich & Son Inc. 130.00
78700 ICMA 439.00
78701 Ideal Uniform Service 608.55
78702 Illinois Fawn Equipment Inc. 79.44
78703 Illinois Office Supply 183.24
78704 Jepsen Tire Co., Inc. 235.40
78705 Jewel Food Stores 7.68
78706 Kar Products 222.83
78707 KDS Tech Services Inc. 250.65
78708 Tom King 30.00
78709 KTD Manufacturing 167.42
78710 Lakeside Repair Shop 1,236.00
78711 Gary Lang Chevrolet Inc. 67.80
78712 Leach Enterprises Inc. 93.06
78713 LETN 388.00
78714 Lockers Flowers 30.00
78715 Main ,Paint & Decorating 34.06
78716 MCI Telecommunications 71.13
78717 McMaster-Carr Supply Co. 58.25
78718 Meyer Material Company 1,647.50
78719 Miller Formless Co. Inc. 80.00
78720 Miracle Recreation Equipment 282.79
78721 Moran Equipment Corp. 108.71
78722 Municipal Clerks of Illinois 65.00
78723 National Recreation & Park Assoc. 215.00
78724 Northern Computer Services Inc. 390.00
78725 Northwest Auto Electric 30.00
78726 Northwest Herald 388.00
78727 The Office Shoppe 49.60
78728 Oriental Trading Company Inc. 16.03
78729 PACE 2,670.17
78730 Petersen Sand & Gravel 396.00
78731 Prentice Hall 34.91
78732 Quill Corporation 44.94
\.. 78733 Radicom Inc. 129.51
78734 Radio Shack 74.52
78735 Raycraft Septic Service 195.00
78736 Reilly, Graham, McAndrews & Cunabaugh 5,600.00
78737 Rockford Industrial Welding Supply 134.57
78738 Safety Kleen Corp. 83.50
78739 S&S Arts and Crafts 96.98
78740 Scan-Am Company 230.50
78741 Seyfarth, Shaw, Fairweather & Geraldson 2,572.07
78742 Sherman & Roach 6,000.00
78743 Sherman Plumbing & Heating Inc. 254.10
78744 Skokie Valley Asphalt 4,308.96
78745 Stan's Office Machines 1,390.82
78746 Stanton Equipment Company 22.00
78747 Terminal Supply Co. 34.30
78748 Thornton's Turf Nursery 400.60
78749 Transmatic Transmissions Spec. 695.00
78750 United Laboratories 600.51
78751 Unitog Rental Services 143.64
78752 Wal-Mart Stores, Inc. 72.93
78753 Wolf Camera Inc. 38.87
78754 World Division 37.33
�' 78755 Zukowski, Rogers, Flood & McArdle 8,030.35
October 19, 1994 Page 4
WATER/SEWER FUND
11241 VOID --
11242 Ace Hardware 129.18
11243 Dan Adams Steel Service 85.76
11244 R.A. Adams Enterprises 38.00
11245 American National Bank & Trust 122,975.00
11246 Ameritech Credit Corporation 117.54
11247 Ameritech 526.30
11248 Aqua Prep Inc. 4,350.00
11249 Barn Nursery & Landscape Ctr. 53.99
11250 Baxter & Woodman Inc. 4,130.85
11251 Berry Bearing Company 115.08
11252 Boncosky Oil Company 1,095.40
11253 L.M. Brownsey Supply Company 128.00
11254 Burgess, Anderson & Tate Inc. 155.00
11255 Chuck's Towing 50.00
11256 Commonwealth Edison 33,563.68
11257 Commonwealth Edison 1,125.67
11258 D'Angelo Natural Spring Water 55.10
11259 Ed's Rental & Sales 46.00
11260 George P. Freund Inc. 74.06
11261 Hach Company 67.90
11262 Hydra-Stop, Inc. 1,101.80
11263 KJell Corporation 2,211.25
11264 Gary Lang Chevrolet Inc. 92.60
11265 Leach Enterprises Inc. 5.10
11266 . Lewis Equipment Co. 659.70
11267 MCI Telecommunications 7.56
11268 McHenry County Well & Pump Co. 337.90
11269 Meyer Material Company 307.76
11270 Midwest Meter Inc. 71.43
11271 The Murdock Company Inc. 291.42
11272 NCL of Wisconsin Inc. 183.13
11273 Northern Illinois Gas 41.10
11274 Northern Computer Services Inc. 276.25
11275 O'Leary's Contractors Equipment 9,718.00
11276 Petersen Sand & Gravel 114.00
11277 Powertron Inc. 172.74
11278. Rowell Chemical Corporation 1,995.00
11279 Sidener Supply Company 1,171.35
11280 Smith Ecological Systems Inc. 243.98
11281 Suburban Laboratories Inc. 300.00
11282 Thornton's Turf Nursery 82.65
11283 Uni.tog Rental Services 184.00
11284 Visu-Sewer Clean & Seal Inc. 920.00
11285 Waste Management North 92.00
11286: Woodstock-Hicksgas Inc. 139.80
11287 Woodland RDF 4,452.80
RECREATION PROGRAMS FUND
4744 VOID ---
4745 American Academic Suppliers 536.77
4746 Ameritech Credit Corporation 25.19
4747. Ameritech 62.67
4748 L.M. Brownsey Supply Company 19.30
4749 BSN Sports 64.90
4750 Burgess, Anderson & Tate Inc. 9.30
4751 Berg Christian Enterprises 134.19
4752 Commonwealth Edison 818.75
4753 Crystal Manor Stables Inc. 320.00
4754 Foto Fast 23.71
4755 Keith Francke 99.00
4756 Linda M. Francke 228.00
4757 Gopher Sport 87.89
4758 Halogen Supply 136.26
4759 Jewel Food Stores 21.41
4760 MCI Telecommunications 1.40 '1
4761 McHenry Specialties 110.00
October 19, 1994 Page 9
Motion by Bates, seconded by Baird, to approve the Mayoral
appointments as follows:
ENVIRONMENTAL ADVISORY COMMISSIOft EXPIRATION DATE
Thomas McCarthy, Chairman 4-30-96 (2 year term)
LANDMARK COMMISSIOft
Nancy Fike 4-30-95 (1 year term)
(replaces Carl Fredrickson)
Ruth Fenwick 4-30-96 (2 year term)
Lawrence Huck 4-30-96 of
Debbie Lane 4-30-96 it
Barbara E. Gilpin 4-30-96 of
(replaces Phyllis Mueller)
POLICE COMMISSIOft
Robert Doran 4-30-97 (3 year term)
POLICE PENSION BOARD
L
Robert A. Hetterman 4-30-96 (2 year term)
(repalces John Madl)
PLAN COMMISSIOft
Paul Nadeau 4-30-96 (2 year term)
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Cuda also noted that he had received Tod Althoff's resignation from
the Police Commission, and asked for applicants to fill this vacancy. He
then informed the Council that the Chain O'Lakes Fox River Waterway
Management Agency had asked the City to name a representative to the
local official liasion Council. City Clerk Althoff was appointed.
COMMITTEE REPORTS
Chairman of the Parks and Recreation Committee Alderman Bates
reported that the Committee had met on Monday, October 17, 1994 and the
minutes of this meeting would be forthcoming. The Committee has
scheduled a second meeting for October 26, 1994 at 7:30 P.M.
Chairman of the Finance Committee, Alderman Locke reported that the
Finance Committee had met this evening at 6:30 P.M. The minutes would be
forthcoming, however it was the unanimous decision of the Committee to
recommend to the full Council the collection of the 17 delinquent McHenry
Shores special assessment properties through the "Judgment for Sale of
Property" process as provided by law, and the bidding for purchase on the
five properties owned by McHenry Shores Water Company. Property owners
have until November 3, 1994 to pay the balance in full.
Motion by Locke, seconded by Lawson, to collect the 17 delinquent
McHenry Shores Special Assessment properties through the "Judgment for
Sale of Property" process as provided by law, and to bid for purchase the
five properties owned by McHenry Shores Water Company.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
October 19, 1994 Page 10
Alderman Bates requested staff send one more notification to the 17
property owners before November 3, 1994.
At Alderman Bolger's initiative, discussion followed regarding C-4
zoning classification uses and the possibility of a text amendment.
Staff was subsequently directed to identify and transcribe all meeting
tapes where discussion took place regarding the C-4 zoning text changes.
STAFF REPORTS
Director of Building and Zoning Lobaito requested Council approval to
waive the sign fees for the McHenry Area Chamber of Commerce so they may
place their trade fair sign at the intersection of Route 120 and Ringwood
Road.
Motion by Locke, seconded by Lawson, to waive all sign fees
associated with the McHenry Area Chamber of Commerce's Trade Fair sign to
be located at the intersection of Route 120 and Ringwood Road.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Building and Zoning Lobaito gave a brief update on the
Winding Creek rodent problem. He informed Council that a very limited
number of complaints have been received since the distribution of
information flyers to this area. The pest control company has been
authorized to abate the problem.
Director of Public Works Batt reported that Jerry Glass, project
chairman for the 1994 Jaycees Christmas Parade, is requesting permission
to hold the McHenry Christmas Parade on November 13, 1994 beginning at
10:00 A.M. and utilizing the same parade route as that used by the Fiesta
Days Committee.
Discussion followed regarding the 10:00 A.M. starting time and the
parade route as it would go directly past the Methodist Church while
Sunday services were in progress. The suggestion was made to have an
11:00 A.M. starting time, and begin the parade route on Waukegan Avenue,
eliminating the need to cross Route 31 thus avoiding the Methodist Church.
Motion by Lawson, seconded by Bates, to pass a resolution approving
the McHenry Jaycees 1994 Christmas Parade on November 13, 1994 beginning
at 11:00 A.M. , using the parade route as amended. .�
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt also sought Council approval to
complete the cross connection to McHenry Shores water main in the event
of an emergency. Discussion followed. Alderman Baird requested time to
research the issue before taking any action.
The soil investigation for the Maple Avenue area water main problem
may be done as early as Friday, October 21, 1994. Director Batt reported
that Baxter & Woodman had found the Cast Iron and Pipe Institute would
supply this service at no cost.
Director Batt then requested clarification of the Council's position
on the Martin Woods II detention basin. He stated that staff has always
maintained that a dry bottom pond solution was most desirable.
Discussion followed. Council consensus was to contact Baxter & Woodman
directing them to recommend the best design solution for this detention
problem, whether it be a dry or wet bottom pond. Director Batt then '1
referred the Council to his letter included in the agenda packet and
addressed to a Green Street homeowner regarding his drainage problem. If
there were any objections or comments to this letter, Batt asked to be
contacted soon.
October 19, 1994 Page 11
Director of Parks and Recreation Merkel noted that the Brookside Park
clean-up had been completed in one week. He also noted that the tree
donation article in the newsletter had generated a large response.
City Attorney McArdle reported that the State Attorney's Office had
concurred with the three previous legal opinions stating the City Clerk's
`- vacancy was to be filled for the remainder of the Clerk's term. There
will be no election for the City Clerk's position until April, 1997.
City Administrator Peterson reported that he had received a letter
from the McHenry Area Jaycees asking for Department Head and Aldermen
assistance in staffing the haunted house "Spooking for Sparks" on
Thursday, October 27, 1994 from 7:00 P.M. to 10:00 P.M. Peterson stated
that if anyone was interested in volunteering, they should contact the
McHenry Area Jaycees directly.
City Administrator Peterson also reported that the City had received
a tax appeal for an approximate $100,000 reduction in assessed value on
the 1110 N. Green Street building, which presently houses the medical
center. The Council has stated their intent that in these matters, if
the school districts objected to the complaint the City would join their
efforts and pay their pro-rata share of the attorney fees. The school
districts have informed City Administrator Peterson of their intent to
object to this complaint. Peterson noted that the City tax dollars at
issue would be approximately $1,200.
The City Administrator reported that staff has scheduled an off-site
strategic planning meeting for the end of this month. Copies of the
agenda and supplementary materials were distributed for Council review.
City Clerk Althoff requested Council permission to allow the
Veteran's Assistance Commission to hold a tag day on November 12, 1994
from 8:00 A.M. to 4:00 P.M. The monies collected would be utilized to
purchase a shuttle bus to transport McHenry County veterans to V.A.
medical centers outside the County.
Motion by Lawson, seconded by Baird, to approve the Veteran's
Assistance Commission's request to hold a tag day November 12, 1994 from
8:00 A.M. to 4:00 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
EXECUTIVE SESSIOft
Motion by Bolger, seconded by Lawson, to go into Executive Session to
Discuss Personnel and Property Acquisition at 11:10 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Lawson, to go back into Open Session at
12:13 A.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
�- The meeting adjourned 12:14 A.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None. -�
Absent: None.
Motion carried.
CIT CLERK MAYOR