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HomeMy WebLinkAboutMinutes - 10/05/1994 - City Council REGULAR MEETING OCTOBER 5, 1994 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, October 5, 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, Baird. 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. TER MINUTE PUBLIC INPUT SESSIOft Dr. Dennis Zidek, spokesperson for the Concerned Citizens Group from Albert's Martin Woods II subdivision, distributed copies of the three engineering reports the group had obtained. He then gave a brief synopsis of each report. Mayor Cuda thanked the group for their timely efforts and explained that staff would forward the reports to the City's engineers, Baxter & Woodman, the developer, Mark Albert, and the developer's engineer, Smith Engineering, Inc. Once reviewed, a follow-up meeting will be scheduled with all involved parties. Paul Antens, of 3321 Bull Valley Road, thanked the Council for annexing the Busch/Knox property, and making the Bull Valley bypass a reality. He noted then that upon his review of the Bull Valley Road engineering plan, the first entrance to the bypass was in close proximity to Green Street. He suggested an alternative solution, and noted that the owner of the property in question, Mr. Ehredt, had offered to donate this property to the City of McHenry. Mr. Antens was invited to attend the October 12, 1994 City Council meeting when Mike Magnuson of the County Highway Department, will give a presentation on the County's 2010 Transportation Plan as it affects the City of McHenry. Mr. James Kottke of the Harmony Snowmobile Club addressed the Council to again request permission for his group to use Petersen Park for a snowmobile grass drag on November 6, 1994. The issue was scheduled as an agenda item for the October 12, 1994 Council meeting. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows: (1) September 14, 1994 Regular City Council Meeting Minutes; (2) Request for hook-up to Police Alarm Board - New McHenry County Currency, Inc. , at 4213 W. Elm Street; (3) Final Payment (#2) to Treasurer, State of Illinois, Department of Transportation, $24,638.19, for balance of 20% of Green Street Construction Costs; (4) Picnic/Beer Permits. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ZONING ORDINANCE - ROCKFORD WELDING VARIATIOft Mr. Gary Bertrand, owner of Rockford Industrial Welding Supply located at 4003 W. Main Street, informed the Council that he was seeking a variance in the permitted side yard setback from 10 feet to 2 feet, to permit the construction of an addition to his business. Mr. Bertrand noted that the Zoning Board of Appeals had approved his request, subject to the renovation of the existing buildings front facade during the construction of his new addition. Alderman Locke, because of the building's location, questioned the possibility of seeking some parking relief for Main Street customers. Director of Building and Zoning Lobaito reported that this possibility had been investigated, however it was determined that a feasible solution was not possible due to space constraints. Motion by Baird, seconded by Bolger, to pass an ordinance granting a variance to Rockford Industrial Welding Supply Company permitting the construction of a 1,200 square foot addition, with a minimum two-foot interior side. yard setback, subject to the renovation of the existing structure's front facade during the construction of the addition. October 5, 1994 Page 2 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. .., Motion carried. ZONING ORDINANCE ELM STREET PARTNERSHIP CONDITIONAL USE AND VARIATION City Administrator Peterson reported that this item had been pulled from the agenda, as the property owner to the west had not yet been contacted as per the Zoning Board of Appeals' requirement. ZONING ORDINANCE PETERSON POOL VARIATION - 7507 DEERWOOD TRAIL Petitioners William and Julie Peterson of 7507 Deerwood Trail requested a variance to construct an in-ground swimming pool within the interior side yard of their home. The Petersons explained they could not meet the requirement to construct the pool in the required rear yard area, as their home's septic field had been constructed in the rear yard. Motion by Locke, seconded by Baird, to pass an ordinance granting a variance for the location of an in-ground swimming pool in the interior side yard at 7507 Deerwood Trail, subject to the McHenry County Health Department's approval of the pools location so as not to interfere with the 100% expansion area of the septic field. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. PACINI P U.D PRESENTATIOft City Administrator Peterson introduced Allen L. Kracower of Kracower and Associates, whose services were retained to assist -the City in connection with the proposed Planned Unit Development of the Pacini property. Mr. Kracower stated he was becoming familiar with the project, having viewed the site, however he requested Council input and direction on all aspects of the project, including aesthetics, quality, and character of life. He also commented on the City's existing planned development ordinance, and its lack of a clear submittal process. He suggested to propose for Council's review a tighter, more definitive ordinance. A meeting was scheduled with Council and Mr. Kracower for Monday, October 24, 1994 at 7:30 P.M. in the Council Chambers. City Administrator Peterson also stated that for Council convenience and review, all studies and reports associated with the Pacini project will be available in the Aldermen's Conference Room. Staff summaries and updates on all studies and reports will be provided to the Aldermen at regular intervals. THORNWOOD DRAINAGE DITCH As previously reported, the Mayor and staff had met with Robert Bergland, General Manager of the Northwest Property Management Association, and formulated a resolution for the repair of the Thornwood/Waters Edge Drive ditch. City Administrator Peterson reviewed the salient points of the agreement: 1) City of McHenry will pay for Baxter & Woodman to perform an engineering study and develop specifications for the drainage system. 2) Northwest Property Management Association will issue requests for proposals from contractors qualified by the City of McHenry. 3) The City of McHenry will pay 50% of the repairs up to a maximum -= of $50,000; Waters Edge I Condominium Association will pay 25% of the repairs; and Waters Edge II Condomium Association will pay •25% of the repairs. If the cost of repairs exceeds $100,000, the respective boards of Waters Edge I and Waters Edge II will have to review and approve additional expenditures. 4) The Associations will deed the drainage system area to the City of McHenry, with the understanding that the City will maintain the drainage system and the respective Associations will continue to maintain the landscaping. October 5, 1994 Page 3 Motion by Bolger, seconded by Locke, to approve the letter of agreement dated 9-23-94 between the City of McHenry and Northwest Property Management Association regarding the Thornwood Drive drainage ditch repair and to authorize Baxter & Woodman to perform an engineering study and develop specifications for the drainage system, in an amount not to exceed $6,000. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Administrator Peterson also noted a request by both Waters Edge Condominium Associations to remove the fencing for aesthetic purposes. Director of Public Works Batt was instructed to comply with this request. BID AWARD - SHELTER - SOUTH RIVERFRONT PARR The Council had authorized staff to seek competitive bids for the construction of a park shelter at South Riverfront Park. Custom Landscaping was the low bidder in the amount of $3,725.00. Motion by Locke, seconded by Bolger, to award the bid for construction of a shelter at South Riverfront Park to the low bidder, Custom Landscaping in the amount of $3,725.00. Nk- Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. BID AWARD - BROOKSIDE PARR ROUGH GRADING Staff sought competitive bids for the removal of vegetation, including plowing and rough grading for the development of Brookside Park, as an active soccer facility. The low bidder was Hughes Excavating in the amount of $19,400.00. Motion by Baird, seconded by Lawson, to award Hughes Excavating, the low bidder, a contract for vegetation removal at Brookside Park, including plowing, rough grading, stump and tree removal, in the amount of $19,400.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT - BRIDGE SCOUR ANALYSIS - GREEN ST. BRIDGE The Illinois Department of Transportation is requiring the City to conduct a scour analysis on the Green Street bridge over Boone Creek. The scour analysis requires the use of specialized computer software that most local engineering firms do not own. The County Highway Engineer directed the Public Works Department to the engineering firm of Rice, Berry, and Uzman. An engineering services agreement in the amount of $2,800.00 from Rice, Berry, and Uzman was distributed. Director of Public Works Batt noted that the scour analysis is part of the City's obligation to ensure the safety of its roads and bridges. Discussion followed as to the possibility of seeking a waiver from the State of Illinois, as conditions at this tributary do not warrant the analysis. Motion by Bates, seconded by Bolger, to authorize staff to seek a waiver from the State of Illinois regarding the State's requirement for a scour analysis on the Green Street bridge. Voting Aye: Bolger, Bates. Voting Nay: Baird, Lawson, Locke. L- Absent: None. Motion failed. October 5, 1994 Page 4 Motion by Lawson, seconded by Bates, to award the engineering services contract to Rice, Berry, and Uzman in the amount of $2,800.00 for the Green Street bridge scour analysis, pending staff's determination of whether a waiver can be sought from the State of Illinois. Voting Aye: Bates, Lawson, Baird. Voting Nay: Locke, Bolger. Absent: None. Motion carried. ORDINANCE SALE OF SURPLUS CITY PERSONAL PROPERTY City Administrator Peterson informed the Council that periodically staff requests authorization to sell personal surplus property of the City at auction. Presently, seven vehicles and ten other equipment items have been denoted as surplus property. Motion by Bolger, seconded by Baird, to pass an ordinance authorizing the City Administrator to arrange for the itemized surplus property of the the City to be sold at auction, and to authorize the issuance and execution by the City Clerk of the Bills of Sale. Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. ANNUAL LETTER AGREEMENT FOR SNOWPLOWING - FEGERS SUBDIVISION AND COUNTRY CLUB DRIVE OUTSIDE CITY LIMITS The City of McHenry has provided for some time snowplowing services to the Fegers Subdivision and a portion of Country Club Drive, which are not within the City limits. The City has charged for these services with the last adjustment in fees occuring in 1992. The subdivisions are currently requesting confirmation of snowplowing services for the 1994-95 season. Discussion followed as to whether the fees charged were adequate to cover the City's costs. It was suggested by Council that before next season, private snowplowing contractors be solicited for price quotations on these two areas for comparison purposes. -- Motion by Bolger, seconded by Locke, to authorize the City Clerk to send a letter agreement to the Fegers Subdivision and Country Club Drive subdivision representatives for snowplowing services, as requested, in the amount of $800 and $700, respectively, with the additional statement that if an excess amount of time is required, supplemental fees will be charged. Voting Aye: Bolger, Locke, Lawson. Voting Nay: Baird, Bates. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda noted that early in September he had submitted his Committee/Commission appointments to the Council for consideration. Final approval was being sought with one correction: Robert Hetterman, whose application had been provided, was replacing John Madl on the Police Pension Board. Discussion followed as to the term lengths of various commissions. It was determined to table approval until the October 121 1994 Council meeting. Cuda reported that he had received a request from the Department of the Army to declare October "Stay in School Month". Motion by Locke, seconded by Bolger, to authorize the Mayor to sign the Department of the Army "Stay in School" proclamation declaring October "Stay in School Month". Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Cuda reported that the closing on the Edna Mae Johnson property had occurred on September 29, 1994. Staff had also suggested that the City soon petition to annex and re-zone the property, as a portion may be used for the expansion of the South Wastewater Treatment Plant. This action ". be an agenda item in the near future. October 5, 1994 Page 5 It was also suggested that signs be posted on this property to make clear the City's intended use of the property. Director of Public Works Batt also suggested that on all City property, flexible fiberglass reflectors and signs be posted on or very near property lines to denote ownership, as many people have planted gardens or extended their yards onto City property. COMMITTEE REPORTS Chairman of the Parks and Recreation Committee, Alderman Bates, reported that a Parks and Recreation Committee meeting is scheduled for October 17, 1994 at 7:30 P.M. Chairman of the Finance Committee, Alderman Locke, reported that a Finance Committee meeting is scheduled for October 19, 1994 at 6:30 P.M. to begin addressing the 1994-95 budget. DEPARTMENT HEAD REPORTS Director of Building and Zoning Lobaito reported that the Jaycees had requested the waiving of fees for signs and use of the Knox Barn for their haunted house. Motion by Locke, seconded by Baird, to waive all fees as they relate to the Jaycees Haunted House event, as requested. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Director of Public Works Batt reported that the interviewing process for the Street Superintendent and Engineering Inspector have been completed. Announcements will be forthcoming. Director of Parks and Recreation Merkel reported that on Saturday, October, 8, 1994 at the Whispering Oaks Park, the Eagle Scouts will be conducting a tree planting; Marilyn Hamilton will be organizing a clean-up in the wooded area as part of the Learning Garden project. He also noted that all of the Aldermen and Mayor had received an invitation to the Jaycees dedication ceremony at Jaycees Park on October 8, 1994 at 1:00 P.M. A copy of the Parks Winter/Spring brochure was also distributed for Council review. Any additions or corrections should be forwarded to Merkel by October 17, 1994. City Administrator Peterson reported that the Motorola closing had N%� taken place on Friday, September 30, 1994. The McHenry Corporate Center has asked the City to apply for a DCCA grant to extend water and sewer lines at that location. Motion by Locke, seconded by Bolger, to pass a resolution to secure a DCCA grant to extend water/sewer lines at the location of the new Motorola plant in McHenry Corporate Center, and to authorize the Mayor and City Clerk to execute any and all documents necessary to secure the grant. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Attorney McArdle informed the Council of a Freedom of Information request from Karen Burns pertaining to the annexation of the Fox River. Attorney McArdle then made the Council aware that according to the Illinois Board of Elections Handbook received by the City Clerk's office, a City Clerk appointed to fill a vacancy created by retirement or N., resignation may hold that office until the expiration of the retiring clerks term. The City Attorney asked for an opinion from the Illinois State Board of Elections, as well as the Illinois Municipal League and Ancel, Glink, Diamond, Cope & Bush. All three legal bodies concurred that the City Clerk's position would be effective until April 30, 1997. Attorney McArdle will seek County Clerk, Kathy Schultz's opinion and report back to Council. October 5, 1994 Page 6 NEW BUSINESS Alderman Locke invited all Second Ward residents to contact the City --1 Clerk's office if they are interested in joining a neighborhood watch program. Alderman Bolger addressed the East Campus parking problem. It was determined that this issue will be discussed at the October 12, 1994 Council meeting, when Chief Joyce will be present to report on studies conducted. Alderman Bolger also reported that a local property owner had a potential business user for his property, but because of the recently amended zoning uses for the property, this type of business was excluded. The potential user wanted to establish a dry-cleaning drop-off site, with no on-site processing, and a bakery, again with no on-site baking. City Administrator Peterson was directed to provide the agenda supplements and minutes associated with the amended zoning uses, as well as all work papers. Alderman Bates requested a status report on the health care coverage. City Administrator Peterson reported that at this time it appears to be very successful. Alderman Bates also noted, that a meeting with the Lakeland Park residents has been scheduled for October 11, 1994 at 7:30 P.M. in the classroom of the Municipal Center. Alderman Bates also requested a meeting between the Riverside Drive Merchants Association, Director of Public Works Batt, and himself to work out details for the Riverside Drive Riverwalk and Christmas Parade. EXECUTIVE SESSION Motion by Locke, seconded by Lawson, to go into Executive 'Session at 10:10 P.M. to discuss possible litigation. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Locke, to go back into Open Session at 11:08 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMEPT 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 at 11:09 P.M. 1. TY CLERK MAYOR