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HomeMy WebLinkAboutMinutes - 10/19/1994 - City Council (2) 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. . Vot`.ng Nay: 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 w 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 •� 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 405.74 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 Go 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 1,008.00 786.79 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 78687 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. 10101.80 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 4761 McHenry Specialties 110.00 October 19, 1994 Page 5 RECREATION PROGRAMS FUND (cont'd) 4762 Bonnie Meyer 126.00 4763 Northern Illinois Gas 562.89 4764 OrAe�tal Trading Company Inc. 23.82 4765 S&S Arts and Crafts 6.45 4766 Shady' Lane Centre 300.00 4767 Henry St. Clair 133.00 4768 Glenda Stewart 209.60 4769 Gloria Stewart 52.00 4770 Target Graphics 789.33 4771 Wal-Mart Stores, Inc. 30.78 4772 Wilson Racquet Sports USA 624.75 4773 Zion Lutheran Church 347.00 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. FENCE VARIATION - 221 S. VALLEY ROAD Petitioners Raymond and Nikki Herron stated their request for a fence variation to within one foot of the corner side yard, as opposed to the required 15-foot setback from the property line. The petitioners noted that three similar fence variations were recently approved in their neighborhood. Discussion followed with a suggestion from Council for a five foot setback as opposed to the one foot setback. The petitioners indicated their willingness to comply with this suggestion. Motion by Baird, seconded by Locke, to approve the fence variation request of Raymond & Nikki Herron at 221 S. Valley Road allowing construction of a five foot picket fence, with a five foot setback from the corner side yard property line. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Director of Building and Zoning Lobaito was questioned as to whether the approval of this variation might cause a site problem. Director of Buidling and Zoning responded negatively. APPEAL FOR WAIVER OF ZONING BOARD FILING FEES - INLAND Attorney Sam Diamond, representing Inland Properties, presented a request for a waiver of Zoning Board filing fees for the revised zoning petition from Inland. Mr. Diamond reviewed the history of the Inland's �- McCullom Lake Road project, and stated his belief that the Council had sent the project back to zoning as part of an ongoing process and additional. filing fees should not be required. City Administrator Peterson explained that as there was no clear consensus from Council as to what Inland needed to specifically address to receive approval, this condition has not been met. Inland's revised plan is being viewed then as a whole new plan requiring the payment of fees. Discussion followed as to whether these fees were already waived at the August 29, 1994 meeting. Motion by Locke, seconded by Baird, to waive all fees for the revised application for zoning consideration for the McCullom Lake Road Inland property. Voting Aye: Bolger, Locke, Baird. Voting Nay: Bates, Lawson. Absent: None. Motion carried. SIGN VARIANCE - 4802 W. ELM STREET, ROSATTI'S PIZZA The petitioner, Ward Green of 5816 Amby Lane, explained his request for a variance to install a Rosatti's Pizza sign on the adjacent property's existing sign pole, as opposed to erecting a free-standing sign on his property at 4802 W. Elm Street. The previous owners of this property had received a variance for their sign. Director of Building and Zoning Lobaito recommended the Council grant their approval to this request, subject to the receipt of written approval to use the pole sign from the adjacent property owner, Karen Lavin. October 19, 1994 Page 6 Motion by Baird, seconded by Lawson, to grant a sign variance for Rosatti's Pizza at 4802 W. Elm Street for installation of a sign on the adjacent property's existing sign pole, subject the receipt of written permission from the adjacent property owner, Karen Lavin. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. CONDITIONAL USE FOR AUTOMOTIVE REPAIR FACILITY (MERLIN'S MUFFLER AND BRAKE, AND OIL EXCHANGE) VARIATION IN LOT WIDTH Dan Curran, attorney for the petitioner, stated the petitioner's request to open a Merlin's Muffler and Brake facility and an Oil Exchange facility within one building. These types of uses require a conditional use permit. Attorney Curran noted the similar business uses in this area. The petitioner is also requesting a 10-foot variance in lot width from the required 200 feet, as the petitioner's combined frontage is only 190 feet. The Zoning Board of Appeals recommended approval on a 5-0 vote, subject to the following conditions: (1). There shall be no outdoor overnight parking of vehicles on the premises; (2) Concrete curbing shall be used on the perimeter of the parking areas; --� remises, with the (3) There shall be no outside storage on the p exception of the typical refuse disposal area, which shall be screened from view. The Zoning Board of Appeals also asked the City Council to consider a possible second access through either the Firestone property or the Superwash site. Attorney Curran distributed a letter from George Thompson, owner of the Superwash property, denying the request from Elm Street Partnership for ingress and egress across his property. Attorney Curran further explained that the Firestone property was not an acceptable solution, as the property grade was incompatible. They will continue to pursue the ingress and egress through the Superwash property with Mr. Thompson. Discussion followed regarding landscaping, which will be greater than that required by ordinance, and signage which will be on a single pole. Motion by Baird, seconded by Bolger, to approve the conditional use permit for a Merlin's automotive repair facility and an Oil Exchange facility within one building along with a ten-foot variance in lot width, subject to the following conditions: --� (1) There shall be no outdoor overnight parking of vehicles on the premises; (2) Concrete curbing shall be used on the perimeter of the parking areas; (3) There shall be no outside storage on the premises, with the exception of the typical refuse disposal area, which shall be screened from view. (4) Signage and landscaping to be reviewed and approved by Director of Building and Zoning Lobaito. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. EXPIRATION OF TIME TO INSTALL PUBLIC IMPROVEMENTS IN GREEN VALLEY UNITS I II, AND III City Administrator Peterson explained that the final plat approval date for the Green Valley, Unit I was April, 1989, and the final plat approval date for Green Valley, Units II and III was August, 1990. The "1 City's Subdivision Control Ordinance requires letters of credit to be posted for the completion of public improvements within two years of the final plat approval. Mr. Newkirk, the developer, states that of the 126 residential lots approved in Green Valley, Units I, II, and III, 46 remain to be constructed. The issue in front of the Council is whether the developer is to complete the final roadway lift and install sidewalks across lots which have not yet been built and the possibility of ensuing damage, versus the lack of completion of public improvements withir a reasonable time frame. October 19, 1994 Page 7 Alderman Baird stated that at the very least, the sidewalks should be completed and the repair of any damage during construction be the responsibility of the developer. Director of Building and Zoning Lobaito stated that any damage would be corrected through the permit process. Further discussion ensued. Motion by Baird, seconded by Locke, to require the developer of Green Valley Units I, II, & III to complete all public improvements by December 31, 1994, and if not completed the letter of credit will be pulled, bidding the project immediately to be completed when the weather permits. Discussion followed with Alderman Bates suggesting that completion of the sidewalks be December 31, 1994 and the street improvements be May 31, 1995. Alderman Bolger noted the potential weather constraints in attempting to comply with the December 31, 1994 date, and questioned whether the developer, Mr. Newkirk, had been notified. Alderman Locke noted the bid cycle would be more favorable if the December 31, 1994 date were retained on both the sidewalk and street improvements. Mayor Cuda called for a vote on the motion. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. `. RECESS Mayor Cuda called for a recess at 9:20 P.M. The meeting was reconvened with everyone still in attendance at 9:35 P.M. WATER AND SEWER RATE INCREASES Chairman '•of the Public Works Committee Alderman Bolger reported that the Public Works Committee at their September 28, 1994 meeting recommended approval of an increase in water rates from the current rate of $1.00/1,000 to $1.10/1,000 gallons, and a sewer rate increase from the current rate of $1.50/1,000 gallons to $1.65/1,000 gallons. He indicated that the additional monies would be used to pay salaries, maintenance, operating and capital costs. Motion by Bolger, seconded by Lawson, to pass ordinances increasing the current water rate of $1.00/1,000 gallons to $1.10/1,000 gallons, and increasing sewer rates from the current rate of $1.50/1,000 gallons to $1.65/1,000 gallons. Voting Aye: Bolger, Bates, Lawson, Baird. `- Voting Nay: Locke. Absent: None. Motion carried. ENGINEERING AGREEMENT FOR TRAFFIC SIGNAL INSTALLATIOft — ROUTE 31 AND PRIME PARKWAY An agreement with Smith Engineering Consultants for inspection and testing services necessary to properly monitor the installation of the traffic signal at Route 31 and Prime Parkway is recommended for approval. The Council previously awarded a contract for the construction of this signal. The City also applied for and received a matching grant from the State of Illinois for the construction of this signal. An agreement with Prime Commercial Corporation was also entered into with the understanding that any costs not funded by the State grant were to be paid by Prime Commercial. Motion by Lawson, seconded by Baird, to approve the engineering agreement with Smith Engineering Consultants for inspection services in an amount not to exceed $6,691.00, and testing services estimated to be $700.00. for installation of the traffic signal at Route 31 and Prime Parkway. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. October 19, 1994 Page 8 ORDINANCE AMENDING PARKING AREA ADJACENT TO EAST CAMPUS HIGH SCHOOL Director of Public Works Batt reviewed the amended parking ordinance addressing the parking problem surrounding East Campus. Motion by Baird, seconded by Bolger, to pass an ordinance amending sections of Chapter 13 of the Municipal Code known as the Traffic and Motor Vehicle Ordinance relating to parking areas in response to the parking problems encountered by residents living in close proximity to East Campus High School. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING APPOINTMENT TERMS Council had directed staff to prepare ordinances revising to two years the terms of all Commissions/Committees whose terms were not mandated by Statute. The following Commissions/Committees were affected: the Housing Advisory Group, the Environmental Advisory Commission, and the Plan Commission Motion by Baird, seconded by Lawson, to pass ordinances establishing .� two year terms for the Housing Advisory Group, the Environmental Advisory Commission, and the Plan Commission. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Attorney McArdle stated that as the vote was not unanimous, each ordinance must be voted on separately. Motion by Baird, seconded by Lawson, to rescind the previous motion. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to pass an ordinance establishing two year terms for members of the Housing Advisory Group. ^t Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to pass an ordinance establishing two year terms for members of the Environmental Advisory Commission. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Motion by Baird, seconded by Locke, to pass an ordinance establishing two year terms for members of the Plan Commission, and upon expiration of existing five-year terms of appointment, any new appointment or reappointment to the Commission shall also be for a period of two years, effective as of the fiscal year beginning May 1, 1994. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. "1 Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported that as he had just received another applicant for the Zoning Board of Appeals vacancy, he would not be making an appointment recommendation at this time. He then requested approval of various Boards/Commission appointments, as presented. 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 " Debbie Lane 4-30-96 " Barbara E. Gilpin 4-30-96 " (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 COMMISSION 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. L 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. -IN 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 SESSION 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