HomeMy WebLinkAboutMinutes - 01/19/1994 - City Council REGULAR MEETING
JANUARY 19, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, January 19, 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 Administrator Peterson, City
Attorney McArdle, Director of Public Works Batt, Director of Parks and
Recreation Merkel, Director of Building and Zoning Lobaito. Absent:
Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
No one signed up to speak during the ten minute public input session.
CONSENT AGENDA
Alderman Bates asked that Items 8, 9, and 10 of the Consent Agenda be
discussed separately.
Motion by Bolger, seconded by Lawson, to approve the Consent Agenda
items 1 through 7, as follows:
(1) January 5, 1994 Board of Local Improvements Meeting Minutes;
(2) December 13, 1993 Regular City Council Meeting Minutes;
(3) January 5, 1994 Regular City Council Meeting Minutes;
(4) Tuition Reimbursement Request - Lorene Marcinek, PC DOS &
Hardware, $93.00;
(5) Amendment to Handicapped Parking Ordinance, as requested by
School District #156;
(6) Proclamation for kickoff of McHenry Area Chamber's Retention &
Expansion project;
(7) Disbursement of Developer Donation Funds;
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Discussion was held on Items 8, 9 and 10 of the Consent Agenda.
Aldermen's questions on the Treasurer's Report and the Bills for Approval
were answered satisfactorily by the Staff.
Motion by Bates, seconded by Bolger, to approve items 8, 9, and 10 on
the Consent Agenda, as follows:
(8) December Budget Report;
(9) December Treasurer's Report;
�. (10) December Bills for Approval, as follows:
GENERAL FUND
76402 VOID 1-20-94 ---
76403 Ace Hardware 569.24
76404 Acme Brick and Supply Co. 1,017.10
76405 Dan Adams Steel Service 233.27
76406 R.A. Adams Enterprises 1,891.31
76407 Alexander Battery Co. Inc. 48.00
76408 Altec Industries Inc. 40.00
76409 Ambassador Office Equipment Inc. 877.69
76410 American Water Works Association 95.00
76411 Ameritech Credit Corporation 1,234.27
76412 Antique Street Lamps Inc. 1,972.68
76413 Badger Uniforms 223.65
- 76414 Peter Baker & Son Co. 53.71
76415 Loren W. Berggren 122.00
76416 Boncosky Oil Company 5,289.30
76417 Botts Welding & Truck Service Inc. 47.80
76418 Phillip E. Brady 525.00
76419 L.M. Brownsey Supply Company 54.71
76420 Bruce Municipal Equipment Inc. 109.71
I� 76421 Burgess, Anderson & Tate, Inc. 432.58
76422 Burns Industrial Supply Co. Inc. 35.45
76423 Buss Ford Sales 27.45
76424 Canon Financial Services Inc. 556.00
76425 Laurie Carlson & Associates LTD 42.98
76426 Chuck's Towing 70.00
76427 Commonwealth Edison 6,805.69
76428 Communications Revolving Fund 425.00
76429 CDW Computer Centers 1,325.66
76430 Comonwealth Edison 886.48
January 19, 1994 Page 2
GENERAL FUND (cont'd)
76431 Continental Mobile Telephone 66.35
76432 Crystal Lake Tire & Battery Inc. 66.20
76433 Curran Contracting Company 27.00
76434 Custom Gun Repair 4.00
76435 Decker Supply Co. Inc. 449.55
76436 Drummond American Corporation 73.63
76437 Earth Industries Inc. 475.00
76438 Ed's Rental & Sales 55.00
76439 Extech Company 97.35
76440 FDC Corporation 141.80
76441 Foto Fast 14.40
76442 George P. Freund Inc. 70.02
76443 Freund International 18.23
76444 W.W. Grainger Inc. 92.11
76445 Hewlett-Packard 127.80
76446 Horizon Dermer Quality 79.82
76447 Hughes & Son Inc. 450.00
76448 Ideal Uniform Service 41.50
76449 Illinois Assoc. of Chiefs of Police 125.00
76450 Illinois Fire & Police Comm. Assoc. 185.00
76451 International Assoc. of Chiefs of Police 200.00
76452 JBL Industrial Supply 95.52
76453 KAR Products 767.88
76454 Ketchum Kar Karriers 18.00
76455 Kirchner Fire Extinguisher 97.75
76456 Gary Lang Chevrolet Inc. 632.55
76457 Landgraf's LTD 179.00
76458 Leach Enterprises Inc. 48.98
76459 LETN 388.00
76460 Main Paint & Decorating 128.22
76461 Pete Mainka Enterprises Inc. 23.25
76462 McMaster-Carr Supply Co. 60.15
76463 McHenry Auto Parts 1,660.7.3
76464 McHenry County Recorder of Deeds 12.00
76465 McHenry Paint, Glass & Wallpaper 10.39
76466 Mid-States Organized Crime Inf. Center 200-.00
76467 Mississippi Tool Supply 88.68 --
76468 Monroe Truck Equipment 935.02'
76469 Moran Equipment Corp. 135.36
76470 NCR Corporation 26.67
76471 ' Northern Illinois Gas 506.58
76472 Northeastern Illinois Planning Comm. 2,277.82
76473 Northern Computer Services Inc. 3,187.50 .�
76474 Northwest Auto Electric 157.00
76475 The Office Shoppe 9.52
76476 PageAmerica 505.17
76477 Patten Industries Inc. 71.22
76478 Petersen's Hydraulic Jack Repair 67.00
76479 Pioneer Truck Parts 50.87
76480 Precision Sharpening & Repair Inc. 40.50
76481 Radio Shack 302.47
76482 Raycraft Septic Service 70.00
76483 Reilly, Graham, McAndrews & Cunabaugh 5,600.00
76484 Reliable Maintenance 240.00
76485 Rockford Industrial Welding Supply 201.79'
76486 Simplex Time Recorder Co. 294.00
76487 Skokie Valley Asphalt 835.42
76488 Stan's Office Machines 228.84
76489 Tarco Business Forms Inc. 367.00
76490 Thornton's Turf Nursery 47.50
76491 Traffic Control & Protection Inc. 375.00
76492 Transmatic Transmissions Specialist 550.00.
76493 United Laboratories 358.65
76494 Unitog Rental Services 110.52
76495 USL Capital 227.36
76496 Wal-Mart Stores, Inc. 128.60
76497 Wang Laboratories 180.00
76498 Warning Lites of Illinois 265.53
76499 Wolf Camera Inc. 301.08.
76500 The Wyatt Company 4,000.00
76501 Zee Medical Service 111.25.
January 19, 1994 Page 3
WATER/SEWER FUND
10532 VOID ---
10533 Ace Hardware 266.91
10534 Dan Adams Steel Service 46.00
10535 Alexander Battery Co. Inc. 31.80
10536 Althoff Industries 59.28
10537 Ameritech Credit Corporation 117.54
10538 Aqua Prep Inc. 4,350.00
10539 Badger Meter Inc. 2,239.16
10540 VOID ---
10541 Baxter & Woodman Inc. 10,348.05
10542 Boncosky Oil Company 1,014.52
10543 L.M. .Brownsey Supply Company 59.40
10544 Burgess, Anderson & Tate Inc. 96.67
10545 CBC-Environmental Laboratories 446.00
10546 Commonwealth Edison 17,344.13
10547 Commonwealth Edison 256.49
10548 D&J Automotive Supply 14.15
10549 D'Angelo Natural Spring Water 47.60
10550 George P. Freund Inc. 1,985.19
10551 W.W. Grainger Inc. 132.28
10552 Hardware Service Co. 71.60
10553 Ideal Uniform Service 81.20
10554 Lee Jensen Sales Co. Inc. 10.00
10555 Gary Lang. Chevrolet Inc. 74.56
10556 Lewis Equipment Co. 134.28
10557 Marblehead Lime Co. 1,612.35
10558 McMaster-Carr Supply Co. . 47.28
10559 McHenry Analytical Water Laboratory 343.00
10560 McHenry Auto Parts 189.37
10561 McHenry Electric & Supply 209.00
10562 Meyer Material Company 273.45
_ 10563 Midwest Meter Inc. 154.60
10564 Steven Murgatroyd 11350.00
10565 NCL of Wisconsin Inc. 127.44
10566 Nelson Auto Inc. 25.00
10567 Northern Illinois Gas 1,531.38
10568 Northern Computer Services Inc. 112.50
10569 Northwest Auto Electric 79.00
10570 PageAmerica 136.29
10571 Petersen Sand & Gravel 222.43
10572 Pioneer Truck Parts 228.26
10573 Rebars & Steel 75.00
�-- 10574 Reliance Safety Equipment 98.88
10575 Byron Rietesel Boat Covers Inc. 50.00
10576 Rowell Chemical Corporation 1,498.44
10577 Sidener Supply Company 907.13
10578 Southwell Controls LTD 517.00
10579 Sreco Flexible 1,138.72
10580 Toolland Inc. 28.44
10581 Unitog Rental Services 196.00
10582 USL Capital 56.84
10583 Waste Management North 170.00
10584 Water Products Company 255.00
10585 Wirf's Industries Inc. 65.00
10586 Woodland Recycling & Disposal 4,963.20
RECREATION PROGRAMS FUND
3934 VOID ---
3935 Ameritech Credit Corporation 25.19
3936 Commonwealth Edison 158.00
3937 Crystal Manor Stables Inc. 320.00
3938 Zion Lutheran Church 308.00
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
January 19, 1994 Page 4
RESOLUTION SUPPORTING THE CHAIR 0 LAKES FOR RIVER WATERWAY MANAGEMENT
AGENCY
Dr. William C. Dam, Chairman of the Chain-O-Lakes Fox River Waterway
Management Agency, addressed the Council and reported on the successful
progress made by that agency during the past year. He asked that the
Council support continuation of the agency's work. Also in attendance to
answer questions were Karen Kabbes, Executive Director of the Waterway
Management Agency, and Chuck Wirth.
Motion by Bolger, seconded by Bates, to pass a resolution supporting
the continuation of the Chain-O-Laks Fox River Waterway Management
Agency, as presented.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
SIGN VARIANCE REQUEST AT 4021 W. MAIN STREET
Tim Wirfs, owner of the building at 4021 W. Main Street, addressed
the Council to request a variance on the City's sign ordinance so as to
allow the installation of three wall signs at his business. Director of
Building and Zoning John Lobaito informed the Council that the sign
ordinance also permitted the use of a monument sign and a pole sign in
Industrial Zoning Districts. Following discussion, Mr. Wirfs agreed to
waive his right to install any other signs on his property if he was
permitted this sign variation request for three wall signs.
Motion by Baird, seconded by Lawson, to approve the sign variance
request and allow three wall signs and window awnings with the address
only, on the condition that no additional signs be allowed at that
location and Wirfs waives his right to request any other signs on the
property.
Voting Aye: Bolger, Lawson, Baird.
Voting Nay: Bates.
Absent: Locke.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT AND VARIANCE - SMART SMR OF ILLINOIS
Opanyi Nasiali of the Wayl.an Corporation was present in the audience
representing the petitioners,. Smart SMR of Illinois. Smart SMR of
Illinois and C & A Leasing, through Allan R. Miller, were requesting a
conditional use for the construction of a 350 foot two-way communications
tower and a 200 square foot shelter to house electronic equipment for a
two-way mobile communications facility. The tower would be located at
1805 N. Dot Street, which is currently zoned I-1. The petitioners also
requested that a variance be granted to approve the height of the tower
and to approve a ten foot separation between the tower and the equipment
shelter. The Zoning Ordinance provides for a three foot separation.
The City Administrator reported that discussions had' been held with
the petitioners on whether they would be willing to allow the City to
install an ESDA tornado warning siren on their tower. Nasiali, speaking
for the petitioners, said they would be willing to, install the siren if
it would not adversely affect the tower. The siren would have to fit
into the load limitations of the tower. The City Administrator was
authorized to obtain specifics of the siren regarding the dimensions, the
weight, , and the height to which it should be installed, and then submit
that information to the petitioners in order for them to determine if the
siren could be installed.,
Motion by Baird, seconded by Bolger, to pass an ordinance granting a "1
conditional use to permit the construction of a 350 foot high,
self-supporting steel tower, together with a 200 square foot shelter. to
house electronic equipment for a two-way mobile communications facility,
as presented; and to pass an ordinance granting a variance to permit a
ten foot separation between the tower and the equipment shelter, as
presented.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
January 19, 1994 Page 5
ORDINANCE ABATING REAL ESTATE TAXES
The City issued $3 million in Alternate General Obligation Bonds to
construct the new municipal center. These bonds were to be payable from
sales tax collected by the City. To ensure the security of the repayment
of these bonds to the bondholders, the bonds are also secured by the full
faith and credit of the municipality, and are included on the real estate
property tax levy. It is the intent of the City to abate these real
estate taxes for the 1993 Tax Levy year in the amount of $324,600 with
payment to be made from sales tax collections.
Motion by Bolger, seconded by Lawson, to pass an ordinance providing
for an abatement of real estate taxes levied for the 1993 Tax Levy year,
pursuant to an ordinance adopted by the City Council of the City of
McHenry, Illinois on July 18, 1990 entitled "Supplemental Ordinance
Providing for the Issuance of $3 million General Obligation Bonds, Series
1990, of the City of McHenry, Illinois", in the amount of $324,600.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
ENGINEERING SERVICES AGREEMENT — HAMPTOft, LENZINI, & RENWICK
Hampton, Lenzini & Renwick submitted a Phase III Engineering Services
Agreement for testing and inspection services in connection with the
Green Street reconstruction project. The agreement has been approved by
the Illinois Department of Transportation and it provides for a fixed fee
of $7,531.19, with a not to exceed price of $62,447.26. It was
recommended that Director of Public Works Batt be appointed as resident
engineer for the project. Bolger said he approved the appointment of
Batt as the Resident Engineer by not the selection of the engineering
firm.
Motion by Baird, seconded by Bates, to approve the Engineering
Services Agreement with Hampton, Lenzini, & Renwick for Phase III
engineering services for the Green Street Phase III project which extends
from 400 feet north of Fairway Drive to 285 feet south of Turnberry
Drive, and to authorize the Mayor and City Clerk to execute the
agreement, and to also name Director of Public Works Batt as Resident
Engineer for the project.
Voting Aye: Bates, Lawson, Baird.
Voting Nay: Bolger.
Absent: Locke.
Motion carried.
MAYOR — STATEMENT AND REPORTS
Mayor Cuda asked for approval of a proclamation recognizing February,
1994 as "National History Month", as requested by the National Society
Daughters of the American Revolution through its local chapter Kishwaukee
Trail Chapter of McHenry County.
Motion by Lawson, seconded by Bolger, to authorize Mayor Cuda to sign
a proclamation proclaiming the month of February as "American History
Month" in the City of McHenry.
- Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Mayor Cuda announced the resignation of Reverand Phyllis Mueller from
the Landmark Commission. He asked interested persons to submit an
application to fill the vacancy.
A Fiscal Impact of Residential and Commercial Development to the Citv
of McHenry and School Districts No. 15 and No. 156 was distributed by
Mayor Cuda concerning the 244 acres at Bull Valley Road and Route 31,
known as the Pacini property on the northwest corner of that
intersection. It was distributed for Council review prior to the matter
coming to the Council.
January 19, 1994 Page 6
COMMITTEE REPORTS
Alderman Baird, Chairman of the Building, Zoning, Planning &
Development Committee, reported on a meeting held January 11, 1994. The
Committee had completed work on the "P" Ticket Ordinance, which will be
presented at the next Council meeting for approval.
Concerning building permit fees, Director Lobaito was instructed to
gather information from other communities for comparisons of their
building fees. These suggestions, along with comments from the Aldermen,
were to be returned to Baird by February 25, 1994 so that they could be
compiled for a Building, Zoning, Planning & Development Committee meeting
on March 22, 1994 at 7:30 P.M. . In the meantime, the Committee will also
be working on preparation of a monotony code for construction of houses
in subdivisions.
Alderman Bates reported on a Parks & Recreation Committee meeting
held in December. It was the committee's recommendation that as of
February 1, 1994, the Lakeland Park Community Center will be only be used
by community service groups. It will no longer be rented out for other
uses. It was decided to take no action on the matter until the minutes
of the December meeting are distributed to the Council for further
information and action. .�
Alderman Bates announced that the regular meeting of the Parks &
Recreation Committee would be held January 25, 1994 at 7:30 P.M. The
Agenda would include discussion on: the Illinois Department of
Conservation Tree Planting program; Petersen Park land acquisition;
update on Leather's Playground; update on bike path development; and any
and all business which may properly come before the Committee.
STAFF REPORTS
City Clerk Gilpin reported that a special assistance day would be
held on Saturday, February 5, 1994 at the McHenry Public Library from
10:00 A.M. to 4:00 P.M. Residents who suffered storm and flood damage
from this summer'a rainy weather can meet with representatives from the
Illinois CPA Society. They will offer free tax help to disaster flood
and storm victims in order to inform them that they may qualify for -
special tax deductions. Property owners who notified the City of storm
damage this past summer will be sent a copy of this information. .
City Administrator Peterson distributed a cost estimate from Baxter &
Woodman for installation of sanitary sewer service from the City garage
to St. Paul's Avenue and Young Street. This estimate was prepared at the
direction of the Council at the January 12, 1994 Council meeting.
Several weeks ago the City Administrator was authorized to contact
School Districts 15 and 156 about the possibility of joining them in
opposing some of the larger reassessment requests which had been
submitted to the taxing bodies recently. Superintendents Dodds and
Swartzloff stated that they had been actively pursuing intervention in
connection with the last several real estate assessment complaints filed
by various businesses. Peterson told the School Districts that the City
might be interested in joining the School Districts in these reassessment
complaints.
Since the deadline for intervention took place before the City
Administrator could get to the Council for a decision, the School Boards
included the City of McHenry in their intervention petition. The City
could withdraw at this time if it desired to do so. Cost to the City for
joining in this protest could possibly run $500.00. Seyfarth, Shaw,
Fairweather & Geraldson filed a Petition to Intervene on behalf of the
school districts and included the City.
Motion by Bates, seconded by Lawson, to ratify the City's
participation in the Petition for Intervention with McHenry Elementary
School District 15 and McHenry High School District 156, in connection
with .the real estate reassessment complaints filed by the McHenry State
Bank Trust No. 12807 (Irish Prairie Ltd. Partnership), and to authorize
continuation of the proceedings as long as fees and costs do not exceed
$500 to the City, and at that point it should be reviewed by the City.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
January 19, 1994 Page 7
City Administrator Peterson also mentioned that there are no
provisions to create special uses in the City's Zoning Ordinance. The
Zoning Board indicated a desire to have an ordinance created where it may
be possible to grant special conditions and special uses in various
locations. Peterson also said there is difficulty with the procedure for
reviewing Planned Unit Developments before they are presented to the
Council. The present ordinance creates confusion in how the P.U.D.
should be treated. At the present time, the Zoning Board of Appeals is
involved, but not the Plan Commission.
Peterson said he would present details to the Council in February on
these two matters. The Council could then determine how and if those
issues should be brought before the Zoning Board of Appeals for public
hearings.
The Council discussed some of the pros and cons of these issues.
Since there was a difference of opinions, Mayor Cuda said he would place
the matter on the agenda for the February 2, 1994 Council Meeting. He
instructed City Attorney McArdle to draft a proposed ordinance for
discussion. Peterson was instructed to detail the problems which three
zoning matters presented when they came to the City recently.
Materials for the January 27, 1994 Finance Committee Meeting were
�-- distributed to the Aldermen for review .
NEW BUSINESS
Alderman Bates brought up questions about cable regulations, the
Public Works Committee agenda for January 26, 1994, and the problem with
snowmobilers on Shore Drive.
Alderman Baird discussed a potential problem that could occur this
summer if there a water shortage in McHenry Shores as a result of
problems with the McHenry Shores Water Company. He also asked that money
-- - be allocated in the City budget for future installation of warning sirens
to serve the southern parts of the City.
EXECUTIVE SESSION
Motion by Lawson, seconded by Bates, to go into Executive Session at
10:17 P.M. to discuss personnel.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
Motion by Bolger, seconded by Lawson, to go back into Open Session at
11:53 P.M.
Voting Aye: Bolger,Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
ADJOURNMENT
Motion by Bates, seconded by Lawson, to adjourn.
--- Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: Locke.
Motion carried.
The meeting adjourned at 11:53 P.M.
X",
CITY CLERK MAYOR