HomeMy WebLinkAboutMinutes - 06/01/1994 - City Council REGULAR MEETING
JUNE 1, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, June 1, 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: 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, Chief of
Police Joyce. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
During the Ten Minute Public Input Session, Steve Hamlin of Fairchild
Estates addressed the Council regarding the severe drainage problem at
the corner of Green Street and Fairway. He questioned whether the
problem might be alleviated, as the City was currently engaged in Green
Street modifications. Mayor Cuda asked Alderman Bolger, Director of
Public Works Batt, and Mrs. Hamlin to meet and review the situation.
Results are to be brought back to the Council.
Carol Jean Smith, of 303 N. Green Street, offered some suggestions
regarding park improvements, and as the Landmark Commission's
representative, reported that the Commission is in the process of
resubmitting their application for a facade improvements grant, and the
'`- Landmark School was plaqued at its 100th Birthday celebration.
William Merritt of Martin Woods II subdivision thanked the police for
the prompt attention to their lawn vandalism problem, and asked the
Council for an update on the Martin Woods II detention pond situation.
Mayor Cuda and City Administrator Peterson explained they had met with
the developer and his engineer, and that a revised engineering plan had
been put together and was being submitted to the City's engineers, Baxter
& Woodman, for approval. City Administrator Peterson felt final approval
would occur within the next 30 days.
CONSENT AGENDA
Motion by Lawson, seconded by Baird, to approve the Consent Agenda as
follows, with various corrections to the May 18, 1994 Council minutes.
(1) May 18, 1994 Regular City Council Meeting Minutes;
(2) Request from Berger Excavating for 30-day time extension to
complete Green Street improvements;
(3) Tuition Reimbursement Request from Thomas Jenkins, Mgmt. 311,
Public Administration, $270.00;
(4) Block Party request, Tammy Hurckes, 5506 Windhaven Trail,
Saturday, July 9, 1994-2:00 p.m. ;
(5) Picnic/Beer Permits;
(6) Request from Follett Software to be connected to Police Alarm
Board;
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BOONE CREEK VENTURE REQUEST
Developers Roger Gerstad and David Backhaus were in attendance, as
they are now requesting the City to participate in the application of the
Boone Creek crossing with the Army Corps of Engineers, as per the
requirements of the Backhaus annexation agreement. . The agreemen
_ stipulates the City and owner will do all things necessary and
appropriate to obtain the necessary permits, and that design
specifications in addition to the technical requirements, must be
approved by the City Engineer and the City Council. Staff is
recommending the City Engineer and Director of Public Works be given
approval to review the application proposal and bring their findings and
recommendations to the Council for further action. Concerns have also
been raised with this Council as to whether the bridge continuing
Dartmoor Road over Boone Creek should go through as planned. City
Administrator Peterson pointed out that the City and developer were
contractually bound to continuing the road over the creek.
Discussion followed on whether to entertain a procedure to amend the
annexation agreement, or have the application proposal reviewed.
June 1, 1994 Page 2
Motion by Locke, seconded by Bolger, not to recommend the City enter "1
into an agreement for review with the Army Corps of Engineers prior to
submitting an application for the construction of a bridge over Boone
Creek because it would not be in the best interest of this community, but
to provide only a foot bridge for bikes and pedestrians.
Voting Aye: Bolger, Locke.
Voting Nay: Bates, Lawson, Baird.
Absent: None.
Motion failed.
Motion by Lawson, seconded by Bates, to recommend staff review the
proposed application to put a •crossing over Boone Creek, and if
acceptable, to authorize the appropriate signatures for submittal to the
Army Corps of Engineers.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: Locke.
Absent• None.
Motion carried.
McCULLOM LAKE EURASION WATER MILFOIL PLANT CONTROL
"1
At the May 9th regular City Council meeting, approval of a bid for
the application of a herbicide treatment to control eurasion water
milfoil in McCullom Lake was granted. Since this time, it has become
evident that the invasive nature of the milfoil has caused it to spread
even further. Bob Kirschner of the Northeastern Illinois Planning
Commission explained to the Council that the contemplated use of 2,4-D to
control this plant would not only be cost prohibitive at this time, but
no longer the most effective treatment. It is his recommendation, as
well as staff, that this plan be abandoned in favor of a different
chemical application for the entire lake next Spring. The successful
bidder was also contacted and agreed to draw this bid.
After much discussion, staff was directed to send a letter to all
homeowners within City limits, living on McCullom Lake, as well as the
President of McCullom Lake, explaining the milfoil situation, Council
action, and requesting limited boat usage over the milfoil infested
areas. It was also noted that the Petersen Park beach area was presently
not heavily infested with milfoil, however, it was suggested that the
Parks and Recreation Department monitor the growth and density through
the summer.
Motion by Bates, seconded by Lawson, to approve the withdrawal of the
bid supplied by Applied Biochemists, Inc. for the 2,4-D treatment.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BUILDING FEES PAID UNDER PROTEST - BRAKE PARTS INC. AND FABRIK
Recently Brake Parts, Inc. and Fabrik Industries had paid their
building permit fees for new building additions under protest. It was
noted building permit fees for additions are considerably higher than for
new construction under the City's present permit structure. After
considering the merits of the appeal to treat the buildings as new
construction rather than additions, it was the recommendation of the ....,
Building and Zoning Committee to reduce the building permit fees for
Brake Parts, Inc. and Fabrik respectively.
Motion by Baird, seconded by Locke, to reduce accordingly, the
building permit fees for Brake Parts, Inc. and Fabrik Industries,
treating the buildings as new construction rather than additions.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
June 1, 1994 Page 3
PROPOSED BUILDING PERMIT FEE INCREASES
The Building and Zoning Committee, in response to a recommendation
from the City Administrator, had reviewed the existing building permit
fee structure. It is now this Committee's recommendation, as well as the
recommendation of the Finance Committee, to increase the building permit
fees as presented.
Motion by Baird, seconded by Locke, to approve the recommendation
from the Building and Zoning Committee to increase building permit fees
as presented, achieving approximately a 50% increase in revenues and
authorize staff to prepare an ordinance for passage at a subsequent
meeting.
Discussion followed as to the criteria used to achieve the new fee
structure. Alderman Locke called the vote.
Voting on the original motion:
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE GRANTING A VARIATION FROM SUBDIVISION CONTROL REQUIREMENTS ON
SIDEWALK INSTALLATIONS
At the September 15, 1993 regular Council meeting, the Council
approved a variance from the Subdivision Control Ordinance allowing a
sidewalk to be installed on private property at 5400 W. Elm Street,
subject to the granting of an easement from the owners for the purpose of
installing this sidewalk. Staff has recently received this easement,
which is acceptable to the owners, and to the City Attorney. An
ordinance has been prepared to grant this variation in the location of
the sidewalk.
Motion by Baird, seconded by Bolger, to pass an ordinance granting a
variation from the Subdivision Control Ordinance to allow a sidewalk to
be installed on private property at 5400 W. Elm Street.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BID AWARD FOR UTILITY TRACTOR PURCHASE
Staff was authorized at the May 9th regular City Council meeting to
seek bids for the purchase of a replacement utility tractor. Bids were
sought and subsequently were opened on May 25, 1994. A total of seven
bids were received including two no-bids. Of the five remaining bidders,
only one submitted the required 10% bid bond. Therefore, staff felt a
non-competitive bid situation existed, and recommends the Council reject
these bids and authorize re-bidding the project.
Motion by Baird, seconded by Lawson, to reject the seven submitted
bids received for the purchase of a replacement utility tractor for the
Parks and Recreation Department, and authorize staff to re-bid the
purchase of the tractor.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
_ Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
�- Mayor Cuda drew Council's attention to the McHenry Area Youth
Commission's Mission Statement. The Commission has recently revised
their Statement, broadening their Statement of Purpose to include other
pertinent issues beyond drug abuse. This is an important consideration
as to the Commission's application for grant monies. Mayor Cuda
requested Council approval of the new McHenry Area Youth Commission's
Mission Statement.
June 1, 1994 Page 4
Motion by Locke, seconded by Lawson, to approve the revised Mission
Statement of the McHenry Area Youth Commission.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE REPORTS
Alderman Locke, Chairman of the Finance Committee, requested a change
in meeting dates from Thursday, June 2, 1994 to Monday, June 6, 1994 at
7:00 P.M.
Alderman Bolger, Chairman of the Public Works Committee, reported the
Public Works Committee had met regarding the Orleans Street stop sign
problem. The Committee has asked for additional input from Chief Joyce
and Director of Public Works Batt. A full report will be forthcoming.
Alderman Bates, Chairman of the Parks and Recreation Committee,
reported at the last Committee meeting, it was decided that grants for
Petersen Park and Brookside Park would be submitted. The Committee also
addressed the continuing problem of providing soccer and baseball fields
for all the different organizations.
STAFF REPORTS
Chief Joyce reported that on Sunday, June 13, 1994 the Law
Enforcement's Torch Run for the Special Olympics would be held. Runners
will begin at the Barrington Police Department at 9:00 A.M. , arriving at
Knox Park at approximately 11:30 or noon. Five officers from the McHenry
Police Department will be participating this year.
Alderman Bates questioned whether elected officials could run. He
was told the run is open to elected officials, but everyone must obtain
at least $100 in pledges.
Director of Parks and Recreation Merkel informed the Council that
flyers regarding Petersen Park beach facilities, water clarity and free
admission from- June 5-June 19 were distributed at all of the schools in
the area. Flyers will also be distributed regarding Knox Pool's opening
on Saturday, June 4, 1994. Director Merkel also took this opportunity to
inform Chief Joyce that the adult swim at Knox Pool begins at 12:00 Noon
on Sunday, and those officers finishing the torch run who would like to
take a cooling dip were certainly invited.
Director of Public Works Batt reported that the Public Works
Department had conducted a survey inspecting the Lakeland Park
drainageway. Forty-seven problems were found at 36 locations on Home,
Lakewood, Sunset, Prairie and Donovan Streets. Regarding the Country
Club Estates Special Assessment Project, all underground work has been
completed. The contractor has requested no permits be issued until full
restoration is complete. Director Batt feels this to be a reasonable
request, and will comply. Green Street excavating, which was expected to
begin early this week, is now anticipated for the early part of next week.
Alderman Baird asked whether the Lakeland Park drainage situation
might be addressed with a "P" ticket. Staff was directed to begin the
process with a letter to all homeowners living adjacent to the creek,
reminding them of the potential problems, and how to avoid clogging the
culverts.
Director of Building and Zoning Lobaito noted the steady increase in
the number of complaints received on inoperable motor vehicles. As the
present ordinance does not adequately address the problem, Director
Lobaito is recommending the drafting of a more definitive ordinance. .^
Motion by Locke, seconded by Bolger, to authorize the City Attorney ,
to draft an ordinance with more definitive language, as proposed
regarding inoperable vehicles.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried..
June 1, 1994 Page 5
City Administrator Peterson drew Council's attention to the May 20,
1994 Illinois Municipal League's legislative bulletin. Proposed
legislation repealing sales tax paid up front on leased vehicles, and
replacing it with a percentage lease tax g paid monthly, would produce a
sizable reduction in municipal revenues. City Administrator Peterson
suggested the Council take a position against the legislation because of
the negative impact on our community. City Attorney McArdle suggested a
resolution may carry more weight with legislators.
Motion by Bolger, seconded by Baird, to adopt a resolution opposing
Senate Bill 1339 which would repeal sales tax paid up front on leased
vehicles and spread the tax over the monthly lease; and to forward the
resolution to our Illinois Legislators.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Peterson then addressed the resurfacing work in
connection with the Country Club Estates sanitary sewer project. Staff
has been seeking viable options to produce a reasonably drivable surface
this year. A per unit price cost has been submitted, adding an
additional estimated cost of $35,000, allowing the paving contractor to
�. grind about 80% of the existing surface, leaving it in place as
additional base course, and then topping the base course with a binder
course. It is recommended by staff to have the estimated $35,000 payable
from the vehicle license or Road and Bridge Funds. Some discussion
followed.
Motion by Bolger, seconded by Lawson, to authorize staff to enter
into a per unit price contract with J.R. Myers to complete the
resurfacing work, not to exceed $90,000, which would include the already
contracted for $41,000 for backfilling the trench and putting patch over
the sewer lines.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
t.... Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Althoff asked for Council approval to pay the $199.88 bill
to Quill Corporation for a laminating machine. As was directed at the
May 18th Council meeting, it was determined that the machine would be
utilized to laminate identification cards for all Public Works, Building
and Zoning, Parks and Recreation employees, as well as all Commission
appointees and Aldermen.
Motion by Locke, seconded by Lawson, to approve the payment of the
previously tabled bill of $199.88 to Quill Corporation for the purchase
of a laminating machine.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Althoff also addressed a request from developers to have the City
Clerk's office handle all alarm board requests, as opposed to seeking
Council approval. Determination was made to continue seeking Council
approval for all alarm board hook-ups.
NEW BUSINESS
Alderman Locke questioned the City's present water status due to the
current lack of rain. Director of Public Works Batt appealed to the
public for some controlled use so the City is not forced to enact a
watering ban. Alderman Locke requested Director Batt contact the local
`L- papers with his appeal. Alderman Locke also requested that the issue of
blacktopping the Fox Ridge ice skating rink be added to the next Parks
and Recreation Committee meeting agenda. Chairman of the Parks and
Recreation Committee, Alderman Bates, noted it had in fact already been
added to the next meeting's agenda, scheduled for June 21, 1994.
Director of Public Works Batt was also directed by Alderman Locke to
look into the concerns voiced by a local resident at that Committee
meeting about the poor grass cutting done at the south side of Oakwood
and Waters Edge.
June 1, 1994 Page 6
Alderman Locke also requested at this time that the request by Papy's -�
Food for consideration of real estate abatements be placed on the agenda
of the next regular City Council meeting.
Alderman Bolger asked City Administrator Peterson to briefly recap
the status of the Main Street parking situation. City Administrator
Peterson informed the Council that a short term solution was being looked
at which would make Borden Street one-way from north to south off of
Route 120, allowing angle parking on the west side of the street.
Letters to all the Main Street property owners are being sent soliciting r
their input to this solution. A long term solution is still being sought.
In response to Alderman Locke's comment regarding the grass cutting
on Waters Edge and Oakwood, Alderman Bolger asked staff to review the
possibility of vacating the Greenways in Whispering Oaks. Alderman
Bolger also noted the Waterway Agency did remove a tree from Boone Creek
as was requested, and that the Arns fence variance worked out very well.
Alderman Bolger then questioned Building and Zoning Director Lobaito
about the status of the garage located on Charlotte Street with the door
and roof falling in. Director Lobaito gave a full report, noting that
final notice has been sent, and the violator is now on a specified time
frame to correct the problem.
Alderman Baird noted he had been receiving numerous complaints about
the water quality in McHenry Shores. He is thinking of hosting a
neighborhood meeting to address the problem, and requests Council
support. The next City Council meeting, scheduled for June 13th, will
focus on growth concerns, and Alderman Baird asked Council and staff to
be prepared to address these issues.
Alderman Bolger noted that T.P. Mathews will be contacting him inthe
near future to set up a meeting in reference to the McHenry Shores water
problem.
Alderman Bates noted the third phase of the Boone Creek clean-up is
scheduled for Saturday, June 4, 1994 at 9:00 A.M. Alderman Bates also
noted he had retained flyers from last year regarding the drainage
problem in Lakeland Park and will assist in the distribution of them
again. He also requested use of the Municipal Classroom for June 10,
1994 at 7:00 P.M. so that he may hold a Mill Creek neighborhood meeting
in reference to the Orleans Street problem.
EXECUTIVE SESSIOft ^,
Motion by Locke, seconded by Lawson, to go into Executive Session at
10:30 P.M. to discuss sale of City Property after a short recess.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Executive Session began at 10:39 P.M. , with everyone still present.
Motion by Locke, seconded by Lawson, to go back into Open Session at
10:47 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
MOON
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
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 10:49 P.M
CITY CL K MAYOR