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HomeMy WebLinkAboutMinutes - 11/03/1993 - City Council REGULAR MEETING NOVEMBER 3, 1993 The Regular meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, November 3, 1993 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 Gilpin, City Administrator Peterson, City Attorney McArdle, Chief of Police Joyce, Director of Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks & Recreation Merkel. Absent: None. TEN MINUTE PUBLIC INPUT SESSION During the Ten Minute Public Input Session, Diane Schrie and Mark Klier addressed the Council concerning problems with their homes in the Oaks of McHenry subdivision. Jerry Benes read his letter to the Council concerning the McHenry Public Library District's meeting held on Monday, November 1, 1993 at the Municipal Center. CONSENT AGENDA Motion by Lawson, seconded by Bates, to approve the Consent Agenda as follows: (1) September 22, 1993 Special City Council Meeting Minutes; (2) October 13, 1993 Regular City Council Meeting Minutes; (3) October 20, 1993 Regular City Council Meeting Minutes; (4) Final Payment to Peter Baker & Sons, Co. for Street work on Allen Avenue, $28,091.70; (5) Final Payment to Peter Baker & Sons, Co. for 1993 Street Maintenance Work, $19,505.17 - total contract amount $354,828.77; (6) Payment of 1990 General Obligation Bond Alternate Revenue Source, $221,484.04; (7) Request for two additional mechanical amusements, Wal-Mart, 2019 Richmond Road, Timothy Galvin; (8) Approval of October Bills as follows: GENERAL FUND 75736 Ace Hardware 465.40 75737 Acme Brick and Supply Co. 300.00 75738 Aerial Equipment Inc. 41.00 75739 Aldridge Electric Inc. 2,750.65 75740 Alexander Battery Co. 69.48 75741 Ameritech Credit Corp. 4,937.08 75742 Void --- 75743 Anderson Publishing Co. 21.95 75744 Anderson Tree Service Inc. 650.00 75745 B and H Industries 538.59 75746 Cheryl Ann Barone 907.00 75747 Bergquist & Zimmerman Const. 390.00 75748 Boncosky Oil Company 4,499.01 75749 Botts Welding & Truck Service Inc. 44.20 75750 Phillip E. Brady 90.00 75751 L.M. Brownsey Supply Co. 194.91 75752 Burgess Anderson & Tate Inc. 204.97 75753 Burns Industrial Supply Co. Inc. 529.56 75754 Buss Ford Sales 202.80 75755 Canon Financial Services Inc. 556.00 75756 Carlson Auto Body 1,156.25 75757 Century Business Systems 416.06 75758 Commonwealth Edison 7,572.12 75759 Communications Revolving Fund 425.00 75760 Commonwealth Edison 1,157.42 75761 Continental P_z)bile Telephone 66.99 75762 Crystal Lake Tire & Battery Inc. 1,706.95 75763 Curran Contracting Co. 368.55 75764 Custom Landscaping Design 2,585.00 75765 Custom Gun Repair 4.00 75766 Decker Supply Co. Inc. 447.90 75767 Drummond American Corp. 98.34 75768 Levy Shackleford 738.00 75769 Ed's Rental & Sales 172.70 75770 Extech Company 97.35 75771 Family Food Mart 61.95 75772 Ferrellgas 10.20 75773 Fischer Bros. Const. Co. Inc. 150.00 75774 Foto Fast 25.17 November 3, 1993 Page 2 GENERAL FUND (cont'd) 75775 Fox Valley Systems 209.07 75776 George P. Freund Inc. 352.74 75777 Freund International 199.88 75778 Arthur J. Gallagher & Co. 100.00 75779 Garrelts Plumbing & Heating 98.60 75780 G.C.C. Enterprises Inc. 90.00 75781 G. Communications 250.30 75782 Grays Inc. 92.83 _-- 75783 GSTN 1,339.58 75784 Don Hansens Alignment Service 35.00 75785 Horizon Dermer Quality 79.82 75786 ICMA 439.00 75787 Ideal Uniform Service 1,031.25 75788 Kar Products 355.82 75789 K-Mart 87.35 75790 Lake-Cook Farm Supply Co. 231.00 75791 Gary Lang Chevrolet Inc. 538.80 75792 Landgrafs LTD 222.80 75793 LETN 776.00 75794 Litgen Cutting Supply Co. 90.00 75795 Lockers Flowers 82.54 75796 Tom McCarthy 847.00 75797 McMaster-Carr Supply Co. 39.95 75798 McHenry Auto Parts 1,181.34 75799 McHenry Area Chamber of Commerce 30.00 75800 McHenry Printing Services 2,473.65 75801 McHenry Specialties 17.50 75802 Meyer Material Co. 1,349.42 75803 Murdock Inc. 5.22 75804 Nicholson Hardware 58.29 75805 NIMC's On-The-Job Occup. Health Dept. 124.75 75806 Northern Illinois Gas 41.42 75807 Northern Computer Services Inc. 1,887.50 75808 Northshore Waste Control 3,727.50 75809 Northwest Auto Electric 45.00 75810 Northwest Herald 546.00 75811 The Office Shoppe 2.36 75812 Office of Intl Criminal Justice 20.00 75813 Petals and Stems 38.00 75814 Petersen Sand & Gravel 59.68 75815 Precision Sharpening & Rep. Inc. 48.50 75816 Pro-Clean Inc. 345.00 75817 Void 9,860.47 75818 Quill Corporation 330.57 75819 Radicom Inc. 277.93 75820 R & D Auto Body 55.00 75821 Raycraft Septic Service 120.00 75822 Reilly, Graham, McAndrews & Cunabaugh 4,000.00 75823 Richwood Crane Service 680.00 75824 Rockford Ind. Welding Supply 83.22 75825 Rydin Sign & Decal 271.00 75826 Seyfarth Shaw Fairweather & Geraldson 661.63 75827 Shirt-Works Inc. 124.60 75828 Sidener Supply Co. 1,380.00 75829 The Sidwell Company 1,212.61 75830 Skokie Valley Asphalt 2,437.81 75831 Smith Engineering Consultants PC 275.26 75832 Stans Office Machines 384.52 75833 E Stauber Wholesale Hardware Inc. 11.80 75834 Stoffel Seals Corporation 95.50 75835 Terminal Supply Co. 49.50 75836 Thornton's Turf Nursery 475.00 75837 Toolland Inc. 9.95 75838 Traffic Control & Protection Inc. 429.45 75839 United Laboratories 228.98 75840 Unitog Rental Services 291.77 75841 Visible Computer Supplies 336.67 75842 Wal-Mart Stores Inc. 82.33 75843 Wolf Camera Inc. 2.99 75844 Zarnoth Brush Works Inc. 92.00 75845 Zee Medical Service 53.60 75846 Zep Manufacturing 68.85 November 3, 1993 Page 3 WATER SEWER FUND 10313 Ace Hardware 373.78 10314 Alexander Battery Co. Inc. 67.95 10315 Alexander Chemical Corp. 1,020.00 10316 Ameritech Credit Corp. 470.16 10317 Void --- 10318 Aqua Prep Inc. 4,350.00 10319 Void --- 10320 Baxter & Woodman 17,536.05 10321 Boncosky Oil Co. 715.83 10322 L.M. Brownsey Supply Co. 225.11 10323 Burgess Anderson & Tate Inc. 133.08 10324 Carey Electric Contracting Inc. 5,332.50 10325 CBC-Environmental Laboratories 446.00 10326 Chucks Towing 35.00 10327 Commonwealth Edison 25,352.14 10328 Commonwealth Edison 61.13 10329 Cornwell Tools 32.50 10330 D'Angelo Natural Spring Water 47.60 10331 Garrelts Plumbing & Heating 44.27 10332 GSTN 220.42 10333 Gunderson Plumbing 110.48 10334 Hach Company 995.60 10335 Ideal Uniform Service 215.10 10336 Interstate Battery 112.95 10337 Gary Lang Chevrolet Inc. 122.35 10338 Marblehead Lime Co. 1,612.35 10339 McMaster-Carr Supply Co. 82.34 10340 McHenry Auto Parts 120.03 10341 Meyer Material Co. 493.54 10342 Midwest Meter Inc. 4,462.20 10343 NCL of Wisconsin Inc. 97.64 10344 Northern Illinois Gas 1,695.97 10345 Northern Computer Services 725.00 10346 The Office Shoppe 5.60 10347 Quill Corporation 49.87 10348 Rowell Chemical Corp. 1,136.88 10349 Safety Kleen Corp. 84.25 10350 Sidener Supply Co. 2,678.40 10351 Thornton's Turf Nursery 23.75 10352 Underground Pipe & Valve Co. 199.21 10353 Unitog Rental Services 179.00 10354 Visible Computer Services 21.76 10355 Visu-Sewer Clean & Seal Inc. 2,730.00 10356 Waste Mgmt. of McHenry County 170.00 10357 Water Products Company 1,041.35 10358 Waterpro 151.21 10359 Wirfs Industries Inc. 50.00 10360 Woodland Recycling & Disposal 3,960.00 RECREATION PROGRAMS FUND 3765 American Academic Suppliers 233.55 3766 Ameritech Credit Corp. 100.76 3767 Void --- 3768 BSN Sports 275.00 3769 Builders Plumbing Supply Co. 36.60 3770 Burgess Anderson & Tate Inc. 55.90 3771 Chime Time 25.90 3772 Computertots 242.00 3773 Commonwealth Edison 1,261.24 3774 Crystal Manor Stables Inc. 768.00 3775 Eby Brown 66.00 3776 Foto Fast 9.35 3777 Jewel Food Stores 8.78 3778 Rosemary Kondritz 270.75 3779 McHenry Specialties 115.00 3780 Bonnie Meyer 143.50 3781 Northern Illinois Gas 576.37 3782 Visible Computer Supplies 6.55 3783 Wal-Mart Stores Inc. 187.17 November 3, 1993 Page 4 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REVISIONS TO 1989 MASTER PLAN Carl Moon and Andy Ftacek of Baxter & Woodman presented their recommendations for an update of the 1989 Master Plan for Water, Wastewater, and Stormsewer Systems. Several options were outlined, along with the impact and costs of those options. The information was presented to the Council prior to having a final report prepared by the City Engineers. Alternate I of the project would cost $7.8 million, while Alternate II would cost $6.3 million. To extend the sanitary sewer system east of the river would cost approximately $3.1 million. Moon and Ftacek were asked to leave the maps and the information at the Municipal Center so that Aldermen could view the information at their leisure. After the Council views the information in detail, it will contact Baxter & Woodman with its recommendations. PROPOSAL FOR LAND EXCHANGE WITH GRANITE BUILDERS Dennis Birmingham of Granite Builders sent a letter to the Council advising them that they had inadvertantly used a final plat of Green Valley Subdivision that did not show the 15' dedication to the City of McHenry. The house was laid out on Lot 30 and the foundation and footings were installed when they discovered the mistake. They proposed to the Council that a "Metes and Bounds" transaction take place which would allow them to exchange the current 15' walkway between Lots 29 and 30 with a new walkway of 15' between Lots 29 and 28. Granite Builders would have to pay for all fees associated with this exchange, including title insurance, attorney reviews, and so forth. Motion by Bolger, seconded by Locke, to accept Granite Builders' proposal to exchange the current walkway of 15' between Lots 29 and 30 of Green Valley Subdivision with a new walkway of 15' between Lots 29 and 28, conditioned upon all fees associated with this exchange to be paid for by Granite Builders, and to require Granite Builders to put an 8' crushed gravel path between Ronda Road and the City's South Riverfront Park. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. APPEAL OF PERMIT APPLICATION — FIRST CLASS AFFAIR On July 27, 1993 the Building and Zoning Department discovered remodeling work underway at 409 N. Front Street for "A Nail Affair". The people were notified that a building permit was required. On August 18, 1993 a letter of denial for the permit application for the remodeling of the basement was sent to the owner Lori Knaack. The permit was denied because no provisions were made for access into the basement by environmentally limited persons. Ms. Knaack was in attendance at tonight's meeting, along with her attorney Joseph Klein. Lengthy discussion was held and it was decided to contact the former owner of the building to determine what the basement area had been used for prior to the purchase of the building by Ms. Knaack. Motion by Bates, to table discussion until further knowledge is ascertained. The motion failed for lack of a second. Motion by Locke, seconded by Bates, to table the matter until the November 17, 1993 Council Meeting. Voting Aye: Baird, Bates, Locke, Bolger. Voting Nay: Lawson. Absent: None. Motion carried. November 3, 1993 Page 5 1993 POLICE PENSION FUND LEVY In June the Council authorized the retention of the Wyatt Company to perform actuarial services for the Police Pension Fund to determine a correct funding amount for the 1993 Tax Levy. Paul Adamczyk of the Wyatt Company was present at the meeting to give a report on his findings. It was determined by the Wyatt Company that instead of levying $208,824.00, a levy of $190,799.00 was sufficient to meet the Police Pension regulations. HILLSIDE APNEXATIOft "— A final draft of the Hillside Annexation Agreement was presented for Council consideration. In attendance at this meeting were developer Roger Gerstad and his attorney Samuel Diamond. Motion by Baird, seconded by Bolger, to pass an ordinance authorizing the execution of an annexation agreement for Hillside Subdivision, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Locke, to pass an ordinance annexing the territory known as Hillside Subdivision, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Bolger, to pass an ordinance, as presented, zoning Parcel I of the territory known as Hillside Subdivision RS-2, Medium Density, Single Family Residential District & Parcel 2-Estate District. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. 1993 TAX LEVY City Administrator Peterson presented the proposed 1993 Tax Levy and announced the amount at $1,755,000.00. In order to comply with State Statutes regarding notice and publication of the annual property Tax Levy, it was necessary for the Council to consider the proposed Tax Levy and then set a date for a public hearing to consider the levy. Motion by Bolger, seconded by Locke, to set a date of Wednesday, December 8, 1993 at 7:30 P.M. for the purpose of conducting a public hearing on the 1993-94 Tax Levy in the amount of $1,755,000, as proposed. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE FOR ZONING VARIATION - TARGET At the last Council meeting, the Council approved a variation request of Target for reducing the interior side yard from 10' to 01 . The attorney was authorized to draft the ordinance. Motion by Bolger, seconded by Lawson, to pass an ordinance amending the City's Zoning Ordinance by granting a variation for Target, reducing the interior side yard from 10' to 0' on Lot 1 of McCullom Place Shopping Center. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. November 3, 1993 Page 6 ORDINANCE FOR ZONING VARIATION - AETNA At the last meeting, the Council approved the zoning variation request of Aetna Development Corporation for a reduction of the interior side yard from 10' to 0' . The City Attorney was authorized to draft the ordinance. Motion by Baird, seconded by Lawson, to pass an ordinance amending the City's Zoning Ordinance by granting a variation request of Aetna Development Corporation reducing the interior side yard from 10' to 0' on Lot 2 of McCullom Place Shopping Center. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING SOLICITORS AND PEDDLERS REGULATIONS At a previous meeting, the Council requested that the existing ordinance regulating solicitors and peddlers be amended to prohibit door-to-door solicitations except for charitable organizations. Motion by Bolger, seconded by Locke, to table this matter. Voting Aye: Bolger, Locke. Voting Nay: Bates, Baird, Lawson. Absent: Absent. Motion did not carry. Motion by Baird, seconded by Lawson, to pass an ordinance amending Chapter 19 of the solicitors and peddlers ordinance contingent upon Section 19-4 being amended to allow two solicitor's licenses in residential areas per month, instead of one per month. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORTS The Mayor proclaimed November 21 - November 27 as "Family Life Week" and urged everyone to remember and take time out with their families. Mayor Cuda announced that he had issued a liquor license suspension for Sunshine Enterprises, Inc. d/b/a First Draft Tavern at 3421 W. Elm Street. The license is suspended from 2:00 A.M. Saturday, November 27, 1993 through 1:00 A.M. Tuesday, November 30, 1993. The Mayor requested that a member of the Council be named Mayor Pro-tem to take over for him when he is out of town. Motion by Locke, seconded by Baird, to have Alderman Bolger serve as Mayor Pro-tem in the absence of Mayor Cuda. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Abstaining: Bolger. Motion carried. NEW BUSINESS Alderman Bates announced that a Parks & Recreation Committee meeting would be held on Tuesday, November 23, 1993 at 7:30 P.M. STAFF REPORTS Director of Public Works Batt reported that the traffic signals at Lillian Street and Crystal Lake Road have been installed, but will not be activated until the asphalt surface is finished at that intersection. November 3, 1993 Page 7 EXECUTIVE SESSION Motion by Locke, seconded by Baird, to go into Executive Session at 10:58 P.M. to discuss pending litigation and sale of City property. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Lawson, to go back into Open Session at _ 11:43 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Bates, seconded by Bolger, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 11:43 P.M. CITY CLERK MAYOR