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