HomeMy WebLinkAboutMinutes - 05/09/1994 - City Council REGULAR MEETING
MAY 9, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Monday, May 9, 1994 at 7:34 P.M. in the Council Room 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 Public Works Batt, Director of Building and
Zoning Lobaito, Director of Parks and Recreation Merkel. Absent: Chief
of Police Joyce. Also in attendance was Court Reporter, Cheryl Barone.
Prior to the regular meeting, the newly appointed City Clerk, Pamela
Althoff, was sworn in by Mayor Cuda.
TER MI19M PUBLIC INPUT SESSION
During the Ten Minute Public Input Session, Anton Rebel of 4009 Maple
Avenue, addressed the Council objecting to the increase in vehicle
sticker fees, as well as the proposed increase in water and sewer rates.
Laurie Cangelosi of 4311 Parkway Avenue informed the Council of her
concerns regarding open burning. Bill Wegner of 3308 Bretons Drive, and
Scott Johnson of 1803 Cassandra, stated their concerns regarding the
options being reviewed by McHenry Elementary School District 15 for
additional capacity of its facilities.
CONSENT AGENDA
Motion by Baird, seconded by Lawson, to approve the Consent Agenda,
with the exception of item no. 4, as follows:
(1) April 20, 1994 Regular City Council Meeting Minutes;
(2) April 27, 1994 Regular City Council Meeting Minutes;
(3) Variance Request for Additional Mechanical Amusement Devices,
Aldon Marciniak - Cheerleader's Bar & Grill;
(5) Tag Day Request - McHenry Chapter, American Cancer Society,
August 14, 1994;
(6) Picnic/Beer Permits
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Bates asked questions on item no. 4. The Staff
satisfactorily answered his questions.
`., Motion by Bates, seconded by Bolger, to approve Consent Agenda item
#4, Change Order #1 to Alliance Contractors in the amount of $2,056.00,
for the Whispering Oaks Park parking lot improvements.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
At this time the Council instructed staff to make every effort to
contact the Mayor when situations of this nature occur and seek his
approval.
SCHOOL SPACE NEEDS SELECTION PROCESS
Superintendent Dodds addressed the Council regarding District 15 's
proposals for easing its present overcrowding. As one of the proposals
would require Council approval for rezoning, Superintendent Dodds'
purpose was to share information and seek Council reaction to these
proposals. The three proposals were:
(1) Addition/s to existing facilities;
�-' (2) Convert existing space (Tonyan Building out by Meyer Material on
Route 120) and;
(3) Conversion of small office space located at Centre Point Development
at the McHenry Corporate Center.
Alderman Locke left the meeting at 8:07 P.M.
May 9, 1994 Page 2
After discussion, it was the consensus of the Council to study the
information presented more closely, view the Tonyan site, and make their
recommendations to City Administrator Peterson. City Administrator
Peterson will then assemble the recommendations, forwarding them to
Superintendent Dodds before the School Board's May 24th meeting.
MARTIN WOODS II DETENTION BASIN
Alderman Locke returned to the meeting at 8:11 P.M.
As a follow up to questions raised by several residents in the public
input portion of the Council's last meeting, Director of Public Works
Batt furnished a chronology of the completion of public improvements for
Martin Woods II. In Director Batt's explanation, he identified the
issues which have led to the incompletion of the detention pond
referenced by residents in Martin Woods II subdivision.
After lengthy discussion, it was determined immediate action should
be taken to resolve this issue.
Motion by Locke, seconded by Lawson, to give the developers of Martin
Woods II thirty days to present a feasible engineering remedy to this
problem, or City Administrator Peterson is authorized to call their .�
letter of credit in the amount of $406,971.56.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt also noted that staff may wish to
schedule a meeting with the concerned homeowners once the developer's
plan is received to solicit their input.
MCHENRY CORPORATE CENTER UNIT III - PRELIMINARY AND FINAL PLAT
Staff recommended approval once a letter of credit in sufficient
amount is provided to guarantee completion of public improvements.
Motion by Locke, seconded by Baird, to approve the preliminary and
final plats for the McHenry Corporate Center, Unit III .
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Scott Dixon, of Prime Commercial, then thanked the Council for their
support of the expanding industries .at McHenry Corporate Center.
APPROVAL OF FINAL PLAT - HILLSIDE SUBDIVISION
Clarification by Director of Building and Zoning Lobaito and staff,
as well as the developer, was being sought regarding Section E, II of the
Hillside Annexation Agreement prohibiting fencing along rear property
lines of homes adjacent to Green Street. Director Lobaito explained that
prohibiting fencing of any type could place an unreasonable burden on
future property owners seeking to install pools, or enclosing a yard for
young children. It was the recommendation of the staff and Plan
Commission that fencing be allowed at the 30-foot rear building line,
with the proposed berm and landscaping between it and Green Street.
Motion by Baird, seconded by Lawson, to approve the final plat of
Hillside Subdivision, subject to the following additional notations to be
included on said final plat: (1) five foot high uniform, board-on-board
fencing will be allowed at the 30-foot rear building line on the lots
adjacent to Green Street, (2) the berm landscaping originally provided by
the developer will be maintained and replaced, if necessary, by the
respective lot owners.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
May 9, 1994 Page 3
ANNEXATION AND ZONING OF HAYSTACKS MANOR (KRUK PROPERTY)
Attorney Sam Diamond, representing David Kruk, presented all the
required documents and materials requested by the Council at the April
27, 1994 meeting. It was the staff's recommendation to approve all
documents, subject to some changes being worked on by staff and attorney
Diamond. After lengthy discussion, Council requested the inclusion at
the end of Section II, F of the annexation agreement the wording "with
the approval of the City Council".
City Administrator Peterson requested Council direction on the term
of the annexation agreement.
Motion by Baird, seconded by Locke, to pass an ordinance authorizing
the execution of the annexation agreement for Haystacks Manor (Kruk
property) subject to staff and City Attorney's approval of the final
draft of the agreement.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda.
Voting Nay: None.
Absent: None.
Motion carried.
`-- Motion by Baird, seconded by Bolger, to pass an ordinance annexing
the Haystacks Manor property.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Lawson, seconded by Bolger, to pass an ordinance zoning the
Haystacks Manor (Kruk property) "E" Estate District with a use variation
to allow the operation of a restaurant on the property and a conditional
use permit for the serving of alcoholic beverages.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE TO INCREASE WATER AND SEWER CONNECTION FEES
As discussed at the Finance Committee, and approved as part of the
1994-95 Budget, the City Council wishes to increase the connection fee
for both water and sewer users from $150 to $250, effective August 1,
1994. This increase will not apply to sewer connections in the Country
Club Estates subdivision, as these residents are presently paying special
assessment fees for the current construction of the sanitary sewers in
that subdivision. A resolution fixing these fees at $150 will be brought
before the Council for their approval on August 3, 1994.
Motion by Locke, seconded by Baird, to pass an ordinance increasing
the water and sewer connection fees from $150 to $250, effective August
1, 1994, with the additional $100 in revenue being applied to Building
and Zoning for the purpose of offsetting its inspection fees.
Voting Aye: Baird, Lawson, Bates, Locke.
Voting Nay: Bolger.
Absent: None.
Motion carried.
ORDINANCE TO INCREASE WATER RATES
As discussed by the Finance Committee, and approved as part of the
1994-95 Budget, water rates are scheduled to be increased from their
current $1.00/1,000 gallons to $1.10/1,000 gallons, effective November 1,
1994, and appearing on the January 1, 1995 water bills, exactly two years
after the last water rate increase.
Information provided in the Finance Committee shows a deficit budget
in the water and sewer funds for the last five years. It was felt this
increase would allow the City to meet the rising costs of chemicals,
maintenance, and utilities.
May 9, 1994 Page 4
Motion by Lawson, seconded by Bates, to pass an ordinance increasing
water rates from $1.00/1,000 gallons to $1.10/1,000 gallons, effective
November 1, 1994.
Voting Aye: Baird, Lawson, Bates.
Voting Nay: Locke, Bolger.
Absent: None.
Motion carried.
ORDINANCE TO INCREASE SEWER RATES NOR-METERED FLAT SEWER RATES
As discussed by the Finance Committee and approved as part of the
1994-95 Budget, sewer rates will increase from $1.50/1,000 gallons to
$1.65/1,000 gallons, effective November 1, 1994, appearing on bills
issued in January, 1995, exactly two years after the last sewer rate
increase. Non-metered sewer use will also be increased from $26.00
bi-monthly to $28.00 bi-monthly, as will be the surcharge rate for users
whose wastewater exceeds various levels of BOD's or suspended solids.
Motion by Bates, seconded by Lawson, to pass an ordinance increasing
the sewer rates from $1.50/1,000 gallons to $1.65/1,000 gallons, and
increasing the non-metered flat sewer rates from $26.00 to $28.00
bi-monthly, effective November 1, 1994.
Lengthy discussion followed. Alderman Locke called the question.
Voting Aye: Lawson, Bates.
Voting Nay: Baird, Locke, Bolger.
Absent: None.
Motion failed.
Additional lengthy discussion regarding clarification of the finance
committe's recommendations regarding these increases too place.
Motion by Baird, seconded by Locke, to rescind the motion to pass an
ordinance increasing the water rates from $1.00/1,000 to $1.10/1,000
gallons, effective November 1, 1994.
Voting Aye: Baird, Locke, Bolger.
Voting Nay: Lawson, Bates.
Absent: None.
Motion carried.
Motion by Baird, seconded by Bates, to rescind the motion to pass an
ordinance raising the water and sewer connection fees from $150 to $250.
Voting Aye: Bolger, Locke, Lawson, Bates, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE INCREASING THE NUMBER OF AUTHORIZED PATROLMEft
As discussed by the Finance Committee, and provided for in the
approved 1994-95 Budget, the ordinance will increase the number of
authorized patrolmen positions from 21 to 22.
The additional patrolman position will be used to implement a Drug
Abuse Resistant Education (D.A.R.E.) program for 5th and 6th grade
students enrolled in schools in the City of McHenry.
Motion by Locke, seconded by Lawson, to pass an ordinance increasing
the number of authorized patrolmen positions from 21 to 22.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
May 9, 1994 Page 5
AWARD OF BID - WHISPERING OAKS PARK LANDSCAPING, AUTHORIZATION TO
SOLICIT BIDS - UTILITY TRACTOR AUTHORIZATION TO SOLICIT PROPOSALS ON
�.- VARIOUS BOAT PURCHASES FOR McCULLOM LAICS
Director of Parks and Recreation Merkel informed the Council that bid
packets were sent out with ten proposals being submitted for
consideration regarding the Whispering Oaks Park landscaping. Bids were
received ranging in price from $9,684.50 to $29,145.00. It was the
staff's recommendation to award the bid to Berthold Nursery, which has
met all the specifications of the bid proposal in the amount of $9,684.50.
Motion by Baird, seconded by Bates, to award the Whispering Oaks Park
landscaping bid to Berthold Nursery in the amount of $,9684.50.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The second portion of this line item is Director Merkel's request for
authorization to solicit bids to purchase one replacement utility tractor.
Motion by Baird, seconded by Lawson, to authorize staff to seek bids
for one replacement tractor.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The third portion of this line item is Director Merkel's request for
authorization to seek written proposals for various boat purchases for
McCullom Lake. It is staff's recommendation to grant this request and
forgo the formalized sealed bid procedure due to the limited time frame
under which the City is working to have the equipment available for the
1994 Summer season.
Motion by Baird, seconded by Lawson, to authorize staff to solicit
proposals for various boat purchases for McCullom Lake.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported that he had been contacted by the Chairman of the
County's Public Health and Human Services Committee in reference to the
County's consideration of establishing guidelines for the prohibition of
open burning. The Mayor has been invited to speak at the Wednesday, May
11, 1994 meeting at 7:00 P.M. Council was polled as to what position,
with regard to the County's establishing open burning mandates,Mayor Cuda
should present. The Mayor was instructed to inform the County that the
City of McHenry feels it is their responsibility as the local
municipality to create and enforce their own policy dealing with open
burning.
It was determined after some discussion to proceed with the scheduled
regular City Council meeting on Wednesday, May 11, 1994, as the McHenry
Area Economic Development Commission was scheduled to make a presentation
at that meeting.
Alderman Locke left the meeting at 9:56 P.M.
The Mayor requested approval of his 1994-95 staff appointments.
Motion by Baird, seconded by Lawson, to approve the Maycr's staff
appointments for the fiscal year ending April 30, 1995, as follows:
May 9, 1994 Page 6
City Administrator Gerald R. Peterson ..,
Police Chief Patrick J. Joyce
Director of Public Works Fredric C. Batt
Director of Building and Zoning John Lobaito
Director of Parks and Recreation Peter J. Merkel
Attorneys: Corporate - David W. McArdle of
Zukowski, Rogers, Flood & McArdle
Traffic - Charles T. Reilly of
Reilly, Graham, McAndrews, &
Cunabaugh
Voting Aye: Bates, Lawson, Baird.
Voting Nay: Bolger.
Absent: Locke.
Motion carried.
Alderman Locke returned to the meeting at 10:00 P.M.
Mayor Cuda then presented his 1994-95 Standing Committee appointments.
Motion by Baird, seconded by Bolger, to approve the Mayor's 1994-95
Standing Committee appointments as follows:
PUBLIC WORKS PARKS AND RECREATIOft
William Bolger* Gregory Bates*
Terence Locke David Lawson
William Baird William Bolger
BUILDING ZONING PLANNING & DEVELOPMENT
William Baird*
Gregor Bates
William Bolger
FINANCE AND PERSONNEL McHENRY AREA YOUTH COMMISSION
Terence Locke* Steve Cuda
David Lawson David Lawson
Gregory Bates William Baird - Alternate
* Denotes Chairperson
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
STAFF REPORTS
Director of Parks and Recreation Merkel reported the resident
registration for Parks programs began Saturday, May 7, 1994, and
non-resident registration begins Monday, May 16, 1994.
Deliveries of materials for the Fort McHenry project will begin
Tuesday and Wednesday of this week. Construction is scheduled to begin
Wednesday, May 18, 1994.
City Administrator Peterson then noted one item had been omitted from
the agenda. Bids for the herbicide application to control the milfoil in
McCullom Lake had been sought. In a pre-bid conference seven or eight
firms attended, however only one firm responded. Applied Biochemists,
Inc. submitted a bid in the amount of $8,769.00, based on a 20-acre
treatment. Thereafter, the proposal quotes $296.00 per acre. It is the
recommendation of the staff to award the contract to Applied Biochemists,
Inc. Lengthy discussion ensued.
May 9, 1994 Page 7
Motion by Baird, seconded by Lawson, to authorize the Mayor to
�.. execute a contract with Applied Biochemists, Inc. , in the amount of
$8,769 for treatment of McCullom Lake to control the milfoil weed,
subject to receiving an updated certificate of insurance.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE REPORTS
Alderman Baird, Chairman of the Building, Zoning, Planning &
Development Committee, reported that a meeting was scheduled for
Wednesday, May 11, 1994 at 6:30 P.M. to discuss building permit fees for
large building additions and monotony codes.
Alderman Bates, Chairman of the Parks and Recreation Committee, asked
that all other committee members contact him to schedule a meeting
sometime before the end of May.
NEW BUSINESS
City Administrator Peterson gave an update on the Pacini project. A
P.U.D. Review Committee meeting will be scheduled in approximately five
weeks, once the traffic study is received.
Further discussion regarding the procedural processing of the Pacini
project followed.
Alderman Bates reported he had received a request for a four-way stop
at the intersection of Willow and Meadow in Lakeland Park. The staff
suggested a traffic study be done to determine whether the intersection
warranted the four-way stop. Batt will ask Chief Joyce to have the
survey conducted.
EXECUTIVE SESSION
Motion by Baird, seconded by Lawson, to go into Executive Session at
10:30 P.M. to discuss the sale of City property.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
�. Motion carried.
Motion by Lawson, seconded by Bolger, to go back into Open Session at
10:48 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
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.
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CITY C ERK J MAYOR