HomeMy WebLinkAboutMinutes - 04/06/1994 - City Council (2) REGULAR MEETING
�\ APRIL 6, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, April 6, 1994 at 7:30 P.M. in the Council
Room of the Municipal Center. At roll call the following Aldermen were
present: Bolger, Bates, Lawson, Baird. Absent: Locke. City Staff in
attendance: City Clerk Gilpin, City Attorney McArdle, City Administrator
Peterson, Chief of Police Joyce, Director of Public Works Batt, Director
of Parks and Recreation Merkel, Director of Building and Zoning Lobaito.
Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
During the Ten Minute Public Input Session, Carol Jean Smith of 303
N. Green Street, a member of the McHenry Landmark Commission, distributed
copies of the revised Landmark Commission Plaquing Program requirements,
as approved by that Commission. Each Alderman was given a copy to review.
REQUEST TO USE CITY STREETS FOR WALKING EVENT
Maureen Andrews of 3120 W. Bretons Drive, addressed the Council to
request use of City streets in Brittany Heights subdivision to promote
National Health Month by conducting an organized walking event in that
subdivision on May 21, 1994. Following discussion, it was decided not to
use the streets, but rather allow the walk to take place on sidewalks in
the subdivision.
Motion by Bolger, seconded by Baird, to grant Ms. Andrews' request
for a walking event in the Brittany Heights subdivision on May 21, 1994.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
REQUEST TO EXTEND HOURS FOR SPOT AMUSEMENTS
Kevin Mundt, owner of Spot Amusements at 4310 W. Elm Street,
addressed the Council last week requesting an extension of closing hours
for operation of his business during Spring break, Christmas vacation,
and Summer vacation. The matter was postponed until this meeting tonight.
Motion by Bates, seconded by Bolger, to approve Mundt's request and
pass an ordinance amending the closing hours during the Spring break,
Christmas vacation and Summer vacation from midnight on Sunday through
4 Thursday to 1:00 A.M. , and from 1:00 A.M. to 2:00 A.M. on Friday and
Saturday , provided that Mundt would agree to revert back to the old
closing hours if the Mayor requested him to do so should any complaints
arise.
Voting Aye: Bolger, Bates, Lawson.
Voting Nay: Baird.
Absent: Locke.
Motion carried.
MOSQUITO CONTROL AGREEMENT
Dr. John Llyle Clarke of Clarke Outdoor Spraying addressed the
Council to explain the method and manner in which the mosquito management
control program was carried out in McHenry and Nunda Township within the
City limits.
Motion by Baird, seconded by Lawson, to authorize the. Mayor and Clerk
to enter into an agreement with McHenry Township for mosquito management
services at a cost not to exceed $2,820.00, and to enter into an
_ agreement with Clarke Environmental Mosquito Management for mosquito
control of that portion of Nunda Township within the City limits in an
�. amount not to exceed $1,166.00 for the 1994 season.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
April 6, 1994 Page 2
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McHENRY COUNTY RESIDENTIAL RECYCLING ORDINANCE
In 1992, McHenry County proposed the imposition of recyling standards
and collection methods throughout the County, including incorporated
municipal areas. In response to municipal concerns, the County's
approval of the Residential Recycling Ordinance included an exemption
from the County ordinance if municipalities: 1) met the recycling
diversion goals; 2) had a written agreement with the County assuming the
responsibility to meet the goals of the County's plan, and; 3) could
annually demonstrate that they have met the diversion goals of the
County's Solid Waste Plan. In 1994, the diversion requirement of the
County's plan is 25%. In 1993, McHenry achieved the highest diversion
rate of any municipality in the County, which amounted to 47.45%. It was the recommendation of the staff that the City request to be exempted from
the County recycling ordinance.
Motion by Baird, seconded by Bates, to authorize the City to send a
letter to McHenry County indicating the City's desire to be exempted from
the County Recycling Ordinance since the City meets the three goals set
forth in the County Recycling Ordinance.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
ISSUANCE OF HANDICAPPED PARKING PLACARDS
The State notified the City that it must begin issuing a new
handicapped parking placard in accordance with Federal Highway
Administration standards to achieve a uniform system of handicapped
parking identification throughout the country. In the past, the City has
issued the handicapped parking placards at no cost. Approximately 1,600
cards (over 700 to non-city residents) have been issued through our
office. The City is also required to pay for the cost of printing the
new and more expensive uniform identification placards at a cost of over
$1,550.00 which does not include the staff costs associated with their
issuance. Under State law the City can charge a fee for the issuance of -
these stickers. It is the recommendation of the staff that the City
adopt an ordinance establishing a nominal fee structure for the issuance
of handicapped parking placards to recover City costs. It was noted that
if a financial hardship could be justified to the Mayor or City Clerk,
the fee could be waived.
Motion by Bates, seconded by Lawson, to adopt an ordinance
establishing a fee structure for the issuance of handicapped parking
placards as follows:
$5.00 for first time issuance of 4-year handicapped placard;
$2.00 cost for re-issue or replacement fee for 4-year handicapped placard;
$5.00 cost for issuance of temporary handicapped placard with a $2.00 fee
to extend or replace the temporary handicapped car.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
ORDINANCE CHARGING FEE SCHEDULE FOR LAKELAND PARK COMMUNITY CENTER
At the last meeting, the Council approved renting the Lakeland Park
Community Center to service groups only, and to change the fees for
rental of that facility.
Motion by Baird, seconded by Lawson, to pass an ordinace approving
rental of the Lakeland Park Community center to service groups only and
to charge a rental fee of $25.00 and a deposit fee of $50.00, as
presented.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
April 6, 1994 Page 3
LANDSCAPE IMPROVEMENTS FOR WHISPERING OAKS PARK
Chris Marzahl of Earth Industries was present to explain the
three-phase landscape plan for development of landscaping in the Fort
McHenry playground project. During discussion of the three phases, it
was decided to include all of the land from the existing walk to Front
Royal Drive into one phase. It was shown on the Landscape Plan as phases
I and 3.
Motion by Bates, seconded by Lawson, to authorize the City to go out
for bid on Phases I and III together, and to also bid Phase II.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
_Motion carried.
WHISPERING OAKS DRAINAGE DITCH
Director of Public Works Batt requested that this item concerning the
Whispering Oaks storm sewer work be referred to the Public Works
Committee for further discussion. The Mayor agreed and referred the
`► matter to the Public Works Committee, which scheduled a meeting for
Tuesday, April 12, 1994 at 7:30 P.M. to discuss this issue.
MAYOR - STATEMENT AND REPORTS
The Mayor announced he had received a request from the McHenry
Evangelical Free Church to use the Council Room from Noon til 1:00 P.M.
on Thursday, May 5, 1994 for the celebration of the National Day of
Prayer.
Motion by Lawson, seconded by Bolger, to allow the use of the Council
Chambers on May 5, 1994 for a National Day of Prayer Service.
Voting Aye: Bolger.
Voting Nay: Baird, Lawson.
Not Voting: Bates.
Absent: Locke.
Motion did not carry.
Mayor Cuda informed the Aldermen of an Open Meetings Act seminar to
be hosted by the McHenry County States Attorney' Office on April 21, 1994
at 7:00 P.M. at the McHenry County Community College auditorium. He
urged all City officials to attend.
The Mayor reported that there had been a meeting with the owners of
the Busch-Knox farm and their attorney. Mayor Cuda, City Administrator
Peterson, and City Attorney McArdle were in attendance at the meeting.
Attorney McArdle will prepare an overview of all of the issues that were
discussed and present it to the Council as soon as possible.
The Mayor also reported that he and the City Clerk had met with the
Amli Realty group concerning the proposed annexation and development of
570 acres on the north side of Route 120, between Martin Road and Wonder
Lake Road. The Amli representatives presented an outline of what they
would like to propose.
The Mayor announced that the Planned Unit Development(PUD) Review
Committee meeting would be held on Thursday, April 14, 1994 at 7:30 P.M.
to discuss the Pacini project. All members of the PUD Committee will be
contacted along with the Superintendents of the High School and Grade
School.
COMMITTEE REPORTS
Alderman Bates, Chairman of the Parks and Recreation Committee,
announced that a committee meeting would be held on Tuesday, April 19,
1994 at 7:00 P.M. at the Knox Park pool. An agenda will be presented at
the next meeting.
April 6, 1994 Page 4
STAFF REPORTS
Park Director Merkel requested that two family pool passes and the
No.l position in the line for summer registration be donated as auction
items for the fundraising auction to benefit Fort McHenry on Saturday,
April 9, 1994.
Motion by Baird, seconded by Bolger, to approve the Park Director's
request to donate two family pool passes and the first position in line
for summer registration as auction items for the fundraising auction on
Saturday, April 9, 1994 for the Fort McHenry Playground project.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Director of Public Works Batt requested that Sections 26-15 and 26-79
of Municipal Code 89-511 be repealed. These sections provide that the
City would install at its expense a water or a sewer service stub to a
private lot line if the main water or sewer line service to the property
existed prior to July 6, 1965. The staff could find no justification for
the unilateral inclusion of all properties where mains existed prior to
that date. There also is no clear cut method of determining which water
or sewer lines were in existence on that date. The staff recommended
that the installation of all portions of service lines be the
responsibility of the property owner.
Motion by Bolger, seconded by Baird, to repeal Sections 26-15 and
26-79 of Municipal Code-89-511 based on the information provided above.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
NEW BUSINESS
Alderman Bolger reported that he had a request for a stop sign at
Fairway and Valley in Country Club Estates. No action was taken on that
request at this time.
Based on a Committee Meeting of the Whole held prior to the Council
Meeting, Alderman Bates suggested that a motion be made to finalize the "1
question on the Committee agenda.
Motion by Bates, seconded by Lawson, to deny the request of Roger
Gerstad and David Backhaus for use of City property for stormwater
detention in the proposed Backhaus subdivision east of Curran Road.
Voting Aye: Bates, Lawson, Baird.
Voting Nay: Bolger.
Absent: Locke.
Motion carried.
Alderman Baird requested that at the May 11, 1994 workshop meeting,
the Council start addressing the City's views on growth issues, traffic
routing, annexations, fee collections, etc.
Motion by Baird, seconded by Bates, that the only issue to be
discussed at the May 11, 1994 workshop meeting was the City's views on
growth issues and to determine how the Council feels on residential
growth.
Voting Aye: Bolger, Lawson, Bates, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
April 6, 1994 Page 5
EXECUTIVE SESSIOft
Motion by Bolger, seconded by Bates, to go into Executive Session at
9:55 P.M. to discuss personnel and pending litigation.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Motion by Bates, seconded by Bolger, to go back into Open Session at
11:08 P.M.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Motion by Baird, seconded by Bates, to authorize the Mayor and City
Clerk to sign the Perpetual Easement Agreement with Jack Nortman upon
execution of the General Release and the Perpetual Easement Agreement by
Mr. Nortman.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
ADJOURNMENT
Motion by Bates, seconded by Baird, to adjourn.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
The meeting adjourned at 11:08 P.M.
y
CITY CLERK MAYOR