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HomeMy WebLinkAboutMinutes - 07/06/1994 - City Council REGULAR MEETING JULY 6, 1994 The Regular meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, July 6, 1994 at 7:33 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Locke, Bates, Baird, Bolger. Lawson arrived at 7:52 P.M. Absent: None. City Staff in attendance: City Clerk Althoff, City Administrator Peterson, City Attorney McArdle, Director of Public Works Batt, Director of Building and Zoning Lobaito, Chief of Police Joyce. Absent: Director of Parks and Recreation Merkel. PUBLIC HEARING - 1994-95 Annual Appropriation Ordinance Mayor Cuda called to order a public hearing on the 1994-95 Annual Appropriation Ordinance. The Appropriation Ordinance sets the upper limits for City spending for the coming fiscal year. The proposed 1994-95 Appropriation Ordinance is in the amount of $19,029,500. Mayor Cuda asked if any of the Aldermen or anyone in the audience had any comments on the Appropriation Ordinance. There were no comments. Mayor Cuda then asked City Clerk Althoff if the Clerk's office had received any written or oral comments on the Appropriation Ordinance. There were none. There being no further comments from anyone in the audience, the hearing was adjourned. APPROVE APPROPRIATION ORDINANCE Motion by Bates, seconded by Bolger, to approve and pass the 1994-95 Annual Appropriation Ordinance in the amount of $19,029,500.00, as presented. Voting Aye: Bolger, Locke, Bates, Baird. Voting Nay: None. Absent: Lawson. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed up to speak during the ten minute public input session. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the consent agenda, as follows: (1) Tuition Reimbursement Requests, as follows: - Laura Moats, Intro. to ' Database Systems, 8/22-10/17; and Intro. to Ethics (Phi. 251) , 8/24-12/14, in total amount of $229.00; `- - Susan Christensen, Business Applications of Math, 8/94-12/94, in the amount of $117.00; - Lorene Marcinek, Intro. to Desktop Publishing (Pagemaker 5.0) , 8/23-10/11, in the amount of $111.00; - Pamela Althoff, Intro. to Desktop Publishing (Pagemaker 5.0), 10/20-12/15, in the amount of $111.00; - Rhonda F. Lang-Rushing, Intro. to Desktop Publishing (Pagemaker 5.0), 10/20-12/15, in the amount of $111.00; (2) Block Party requests, as follows: - Bob & Laura Krieg, S. Broadway (McHenry Shores), on Saturday, July 30, 1994; - Polish Legion of American Veterans, N. Park Street, on Sunday, August 14, 1994. Voting Aye: Bolger, Locke, Bates, Baird. - - Voting Nay: None. Absent: Lawson. Motion carried. REFUSE SERVICE - WATERS EDGE I AND WHISPERING OAKS CONDOMINIUM ASSOCIATIONS' PETITIONS Petitions were received from the residents of Waters Edge I and Whispering Oaks Condominium Associations requesting permission to handle their garbage disposal and recycling program as an independent commercial account, as they had been doing for the past fifteen years. Effective May 1, 1994, the City included four-unit apartment/condominium buildings in their refuse contract, as under the County's Solid Waste Diversion Plan future requirements show a 70% diversion goal for residential collection by the year 2003. The City's present refuse contract with North Shore Waste is a "Pay-Per-Bag system" which abandons the provision of dumpsters for multi-family units. July 6, 1994 Page 2 Robert Bergland, President of the Northwest Property and Financial Management Corporation (the managing agent for both condominium associations) was in attendance as their designated representative. Mr. Bergland reviewed the events leading up to the circulation of petitions and the residents' request for the return of their dumpsters. A lenghty discussion between the Council and residents in attendance followed. The Council noted the difficulties enumerated by the residents as a result of their change in service, and responded by voicing their own concerns the City's contractual obligation. David Lawson arrived at 7:54 P.M. Motion by Bolger, seconded by Locke, to authorize Robert Bergland and North Shore Waste to draft a mutually acceptable solution for staff review and further Council action in response to Waters Edge I and Whispering Oaks Condominium Associations' petition for the return of their refuse dumpsters Voting Aye: Bolger, Locke, Bates, Lawson. Voting Nay: Baird. Absent: None. Motion carried. REOUEST FOR STOP SIGNS - ORLEANS DRIVE RESIDENTS Several residents from the Mill Creek Subdivision were in attendance to hear the proposed site plan for additional stop signs in that subdivision. Alderman Bates presented his proposal. Several additional sites were considered. Discussion followed. Director of Public Works Batt and Chief of Police Joyce voiced their concerns and offered their opinions as to the placement of the proposed stop signs. Motion by Baird, seconded by Bates, to pass an ordinance amending Section 13-1104 of Chapter 13 of the Municipal Code, adding stop signs at the following locations: STOP STREET INTERSECTING STREET Leonard Street (SB) Prestwick Street Orleans Street (WB) Donovan Street Orleans Street (EB) Donovan Court Orleans Street (NB/SB) Prestwick Street Prestwick Street (EB/WB) Leonard Street Prestwick Street (WB) Donovan Street Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda called for a recess at 9:20 P.M. The meeting reconvened at 9:30 P.M. with everyone still in attendance. USE VARIANCE - JOHN T. COLOMER AND WAL-MART STORES, INC. Petitioner John Colomer is seeking a use variance to permit the construction of an auto service center on property west of the Wal-Mart Store on McCullom Lake Road. Tom Zanck, attorney for the petitioner, acknowledged the Zoning Board of Appeals' recommendations, and affirmed Mr. Colomer's intent to comply. Scott Dixon, project manager, concluded the presentation with detailed descriptions of the site plan, building design, and landscaping plans. A lengthy discussion followed. Motion by Locke, seconded by Bates, to approve the Zoning Board of '1 Appeals' recommendation and grant a use variance to construct an auto service center on the property west of Wal-Mart on McCullom Lake Road, subject to the following conditions: July 6, 1994 Page 3 a. That no outdoor overnight parking of vehicles shall be allowed; b. That no outside storage other than the refuse container shall be allowed; C. That one ground sign of a maximum of six feet (61 ) in height shall be permitted, or in the alternative, a wall sign shall be permitted constructed in accordance with the ordinances of the City of McHenry; d. That the Premises be developed in substantial accordance with the Site Plan and and Building Elevations submitted by Architects 127 and Associates, Inc. , dated April 19, 1994; and e. That the use variance be granted subject to approval of the Final Plat of Wal-Mart Subdivision by the City Council of the City of McHenry. Further discussion ensued. Alderman Bolger called the vote. Voting Aye: Bolger, Locke, Bates, Lawson. Voting Nay: Baird. Absent: None. Motion carried. DELINQUENT McHENRY SHORES SPECIAL ASSESSMENT AND PROPERTIES WHICH HAVE FAILED TO CONNECT TO THE McHENRY SHORES SANITARY SEWERS City Administrator Peterson reviewed the McHenry Shores/Idyl Dell Subdivision's Special Assessment payment status, noting that out of a total of 595 assessed lots, 47 have some portion of their assessment delinquent. In order to satisfy payments for the bonds used to finance the construction of the McHenry Shores/Idyl Dell Sanitary Sewer, it is the City's responsibility to collect outstanding amounts owed on all special assessments. It is the recommendation of the Finance Committee and staff to begin the process to obtain a Judgment and Order to Sell Lands. Dicussion followed. It was determined that enough notice and time had been given to allow for hardship cases and payment plans. Motion by Bates, seconded by Lawson, to authorize staff to begin the process to obtain A Judgment and Order to Sell Lands, to satisfy ail outstanding and delinquent McHenry Shores and Idyl Dell Subdivision's special assessment payments, and send the notification letter with a payment date of August 12, 1994 rather than August 1, 1994. Voting Aye: Bolger, Locke, Bates, Lawson. Voting Nay: Baird. Absent: None. Motion carried. Seventeen homes in the McHenry Shores subdivision have failed to connect to the sanitary sewers, as provided by City ordinances and communicated to residents by various written and verbal notices from the City. It is recommended by staff to send a letter to those homeowners who have failed to connect to the City's sanitary sewer system informing them that they must connect by October 1, 1994, or daily violation notices will be issued until connection is made. Motion by Bates, seconded by Lawson, to authorize staff to write a letter to owners in McHenry Shores subdivision who have not yet connected to the sanitary sewer, advising them they have until October 1, 1994 to connect, after which time staff would be instructed to issue a Notice of Violation ticket for each day connection is delayed beyond October 1, 1994. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. DISTRIBUTION AGREEMENT WITH SCHOOL DISTRICTS 15 and 156 In compliance with the terms of the Hillside subdivision Annexation Agreement, City Attorney McArdle has drafted a Distribution Agreement between the City and School Districts 15 and 156 on the additlonal operations fees to be paid by developers at the time the occupancy permit is issued. The school districts' attorney has also reviewed this agreement. It is the recommendation of staff to approve the Distribution Agreement. July 6, 1994 Page 4 Motion by Locke, seconded by Bolger, to authorize the Mayor and City Clerk to sign the Hillside Subdivision Distribution Agreement with School District's 15 and 156, subject to reimbursement of attorney fees for preparation of the agreement. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ADVERTISEMENT OF BIDS FOR PURCHASE OF AIR COMPRESSOR The 1994-95 Budget includes funds for the purchase of an air compressor for use in the Water Division. Staff is requesting authorization to bid for the purchase of this equipment. Motion by Baird, seconded by Bolger, to authorize staff to advertise for the purchase of a new air compressor for use in the Water Division. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda acknowledged that for future reference, parliamentary procedure requires a second when a vote is called on a motion. Aldermen Baird instructed staff to address his oil spillage concerns to Mr. Colomer. Mayor Cuda noted the Ad Hoc Committee meeting was scheduled for 7:30 A.M. on Thursday, July 21, 1994. Mayor Cuda sought approval of his appointment of Steven Murgatroyd to the Plan Commission. Motion by Bolger, seconded by Lawson, to approve the Mayor's appointment of Steven Murgatroyd to the Plan Commission, with his term expiring April, 1997. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS . Alderman Locke, Chairman of the Finance Committee, scheduled a meeting for Friday, July 22, 1994 at 7:30 P.M. STAFF REPORTS Director of Public Works Batt sought approval to award the resurfacing of McCullom Lake Road, between Route 31 and Riverside Drive, to Skokie Valley Asphalt in the amount of $32,386.50. The street will soon fall into a state of extreme disrepair. Therefore, the City sought proposals as opposed to bids because of time restrictions and the fact that developer monies exist to complete this project. Discussion regarding time frame completion followed. Motion by Locke, seconded by Lawson, to approve the resurfacing proposal of McCullom Lake Road between Route 31 and Riverside Drive to Skokie Valley Asphalt in the amount of $32,386.50 with payment to be made from money escrows by a previous land developer for their purposes, contingent upon completion of the final lift by November 1, 1994, or the project shall be sent out for bid for next season's road repairs. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Administrator Peterson reported that the information he received regarding the potential leasing of a car for his use was cost prohibitive. Two additional options were presented: 1) retain one of the police Chevy Caprice sedans intended for auction; 2) the outright purchase of a vehicle for approximately $15,000. Discussion followed. It was noted that the present $2,000 allowance City Administrator Peterson receives for car expenses would be terminated upon implementation of one of these two options. July 6, 1994 Page 5 Motion by Bates, seconded by Bolger, to retain one of the Police Chevy Caprice sedans for City Administrator use, and review the potential purchase of a new vehicle in the 1995-96 Budget planning stages. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. City Clerk Althoff reported that the east of the river annexation surveys had begun. NEW BUSINESS Alderman Locke requested Director of Building and Zoning Lobaito to investigate the following: (1) truck cab top sitting in the middle of the street on Oakwood Drive near Waters Edge; (2) the individual selling items from their lawn on the 4200 block of Crystal Lake Road; Locke also requested Director of Public Works Batt to investigate how to permanently solve the problems associated with the Thornwood drainage ditch in Whispering Oaks, and if Whispering Oaks park benches are not going to be replaced soon, the existing benches should be painted. Alderman Bolger noted the scheduling of a Public Works Committee meeting on July 14, 1994 at 7:00 P.M. to address the McHenry Shores water problem. Alderman Baird asked that letters be sent to all the McHenry Shores residents informing them of the meeting, and providing them with the addresses of the Illinois Environmental Protection Agency, and the Illinois Commerce Commission for their reference. Alderman Bolger then requested an update on the Country Club Estates sewer project. Director of Public Works Batt reported that letters would be sent within the next few days informing residents that hook-ups were now possible, and outlining the proper procedure to follow. Some discussion followed regarding septic abandonment. Mayor Cuda instructed Director of Building and Zoning Lobaito to contact the County and obtain further clarification on this issue. City Administrator Peterson was ask to inquire on the current status of the bartered services agreement between the School Districts and the L. City. It was noted that there was no Building and Zoning Committee meeting scheduled for July 11, 1994, as shown on the three-month calendars. Alderman Bates requested a patrolman at the corner of Oak Drive and Prairie, as he has received numerous complaints that cars do not stop at this intersection. He also noted that there are two more requests for stop signs: a four-way stop sign at the intersection of Willow and Meadow, and a stop sign at the intersection of Shore and Eastern. EXECUTIVE SESSION Motion by Bolger, seconded by Lawson, to go into Executive Session at 10:34 P.M. to discuss personnel. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Locke, to go back into Open Session at 11:21 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. July 6, 1994 Page 6 Motion by Bolger, seconded by Lawson, to approve the Mayor's hiring of Dawn Huffman as a Communications Dispatcher for the Police Department to be paid at Grade 7, Minimum Step, and that employment begin as soon as Ms. Huffman is able to start work. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Bates, to authorize staff to advertise for a Wastewater Treatment Plant Operator. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Bates, seconded by Locke, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 11:33 P.M. �CIT CLERK MAYOR