HomeMy WebLinkAboutMinutes - 08/18/1993 - City Council REGULAR MEETING
AUGUST 18, 1993
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, August 18, 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,
Director of Public Works Batt, Director of Parks and Recreation Merkel,
Director of Building and Zoning Lobaito, Chief of Police Joyce. City
Attorney McArdle arrived at 7:50 P.M. Absent: None. Also in attendance
were Don & Roger Gerstad, developers of Hillside Subdivision, and their
attorney Sam Diamond, and Court Reporter Cheryl Barone.
TEN MINUTE PUBLIC INPUT SESSION
No one signed up to speak during the public input session.
CONSENT AGENDA
Mayor Cuda announced that two additional block party requests, one on
Birch and one on Creekside, should be considered in the consent agenda
items.
Motion by Bolger, seconded by Baird, to approve the consent agenda as
follows, with the addition of the two block party requests:
(1) July 28, 1993 Regular City Council Meeting Minutes;
(2) August 4, 1993 Board of Local Improvements Meeting Minutes;
(3) August 4, 1993 Regular City Council Meeting Minutes;
(4) Tuition Reimbursement Request - Ryan Schwalenberg, Basic Code
Enforcement Techniques, $120.50;
(5) Block Party Request - Judy Gertz, September 11, 1993-close
Leonard Avenue between Orleans and Prestwick, 3:00 pm - 12:00
midnight;
(6) Block Party Request - Cheryl Wingstrom, August 29, 1993-close
Jennifer Lane, 2:00 pm - 8:30 pm;
(7) Block Party Request - Judy Drinkall/Karen Stahler, August 28,
1993-close Creekside Court 2:00 p.m. - 11:00 p.m.
(8) Block Party Request - Kelly Tarzian, August 28, 1993-close Birch
Lane at Chestnut Drive at 1:00 p.m. ;
(9) July Treasurer's Report;
(10) July Budget Report;
(11) July Bills for Approval, as follows:
GENERAL FUND
75274 VOID ---
75275 A-Able Lock & Key 161.75
75276 Ace Hardware 315.67
75277 Dan Adams Steel Service 1,869.53
75278 R.A. Adams Enterprises 63.25
75279 Aldridge Electric Inc. 694.00
75280 Alexander Battery Co. Inc. 99.60
75281 Altec Industries Inc. 80.00
75282 Ambassador Office Equipment Inc. 84.00
75283 Anderson Tree Service Inc. 810.00
75284 Arnold Electric 452.50
75285 Badger Uniforms 69.45
75286 B and H Industries 127.75
75287 Cheryl Ann Barone 1,012.80
75288 Boncosky Oil Company 6,280.04
75289 Bowman Distribution 77.42
75290 Phillip E. Brady 375.00
75291 Broadcast Engineering 12.00
75292 L.M. Brownsey Supply Company 1,462.31
75293 Bruce Municipal Equipment Inc. 1-84.00
75294 Burgess, Anderson & Tate Inc. 151.82
75295 Buss Ford Sales 158.25
75296 Canon Financial Services Inc. 556.00
75297 Century Automatic Sprinkler Co. 125.00
75298 Chuck's Towing 62.00
75299 Clarke Environmental Mosquito 946.68
72300 Comark Inc. 3,957.00
72301 Commonwealth Edison 16,706.50
72302 Communications Revolving Fund 425.00
72303 Commonwealth Edison 1,149.06
August 18, 1993 Page 2
GENERAL FUND (cont'd)
72304 Community Auto Supply 78.47
72305 Continental Mobile Telephone 63.89
75306 Continental Leavitt Commun. LTD 169.80
75307 Cornerstone Material Recovery 4,200.00
75308 Crystal Lake Tire & Battery Inc. 443.94
75309 Curran Contracting Company 348.30
75310 D&J Automotive Supply 26.86
75311 Decker Supply Co. Inc. 238.40
75312 AB Dick Products Co. of Rockford 300.00
75313 Discount Distributors Corp. 20.25
75314 Door Systems 178.75
75315 Levy Shackleford D/B/A DuraBilt Fence 1,121.00
75316 Ed's Rental & Sales 60.00
75317 Extech Company 97.35
75318 Fashion Star Inc. 152.51
75319 Fischer Bros. Const. Co. Inc. 250.00
75320 Foto Fast 122.85
75321 Fox Valley Systems Inc. 77.78
75322 Franz Discount Office Products 390.06
75323 George P. Freund Inc. 980.45
75324 Freund International 182.74
75325 Gann Associates 724.67
75326 Game Time Inc. 349.39
75327 G Communications 470.15
75328 W.W. Grainger Inc. 86.80
75329 Grower Equipment & Supply Co. 55.00
75330 Ideal Uniforms Service 316.20
75331 ILMA 25.00
75332 Illinois Lawn Equipment Inc. 326.19
75333 Intoximeters Inc. 78.22
75334 Jewel Food Stores 74.59
75335 J-T ENterprises 52.62
75336 Kar Products 80.51
75337 KDS Tech Services Inc. 745.15
75338 Ketchum Kar Karriers 31.00
75339 Lands' End Inc. 248.75
75340 Gary Lang Chevrolet Inc. 333.25
75341 LETN 388.00
75342 Tom McCarthy 1,288.00
75343 McHenry Auto Parts 1,345.47
75344 McHenry County Glass & Mirror 115.35
75345 McHenry Specialties 1,003.95
75346 McHenry Tire Mart 70.00
75347 Meyer Material Company 290.00
75348 Miracle Recreation Equipment 39.55
75349 Morrie & Sons 10.00
75350 Moran Equipment Corp. 245.22
75351 NCR Corporation 6,548.86
75352 NIMC's On-The-Job Occupational Health 365.00
75353 Northern Illinois Gas 34.22
75354 Northern Computer Services Inc. 2,562.50
75355 Northshore Waste Control 6,162.50
75356 Northwest Auto Electric 95.00
75357 Northern Illinois Roofing Inc. 201.00
75358 The Office Shoppe 11.96
75359 PACE 3,048.05
75360 Petersen Sand & Gravel 802.39
75361 Pioneer Truck Parts 14.21
75362 Pitney Bowes 575.20
75363 Precision Sharpening & Rep. Inc. 11.00
75364 Pro-Clean Inc. 345.00
75365 Professional Images 26.51
75366 Radicom Inc. 190.18
75367 Raycraft Septic Service 60.00
75368 Reilly, Graham, McAndres & Cunabaugh 4,000.00
75369 Rockford Industrial Welding Supply 96.49
75370 Rotary Club of McHenry 154.00
75371 Scan-Am Company 244.00
75372 Sewer Equipment Co. of America 229.30
75373 Seyfarth, Shaw, Fairweather & Geraldson 50.00
75374 Sherman & Roach 6,000.00
August 18, 1993 Page 3
GENERAL FUND (Cont'd)
75375 Sidener Supply Company 225.00
75376 Simplex Time Recorder Co. 80.63
75377 Skokie Valley Asphalt 2,270.15
75378 Smith Engineering Consultants PC 1,060.25
75379 Smith & Wesson 768.00
75380 Stan's Office Machines 300.54
75381 Talking Tees 105.40
75382 Thompson Elevator Inspection Service Inc. 150.00
75383 Thornton's Turf Nursery 57.00
75384 Traffic Control & Protection Inc. 67.50
75385 Trane Chicago Bldg. Automation 76.50
75386 Transmatic Transmissions Specialists 525.00
75387 Triad Business Forms Inc. 415.55
75388 UARCO Inc. 40.63
75389 United Laboratories 823.77
75390 Unitog Rental Services 132.64
75391 Visible Computer Supplies 41.40
75392 Wal-Mart Stores, Inc. 152.10
75393 Wang Express 326.24
75394 Wolf Camera Inc. 95.06
75395 Wooward Ford-Mercury Inc. 17.92
75396 Zarnoth Brush Works Inc. 92.00
75397 Zee Medical Service 75.15
WATER/SEWER FUND
10157 VOID ---
10158 A-Able Lock & Key 74.75
10159 Ace Hardware 268.06
10160 R.A. Adams Enterprises 16.57
10161 Alexander Lumber Co. 104.20
10162 Alexander Chemical Corp. 413.88
10163 Althoff Industries 25.12
10164 Aqua Prep Inc. 6,326.00
10165 Automatic Control Services 110.20
10166 VOID ---
10167 Baxter & Woodman Inc. 6,239.06
10168 Boncosky Oil Company 1,131.52
10169 L.M. Brownsey Supply Company 115.89
10170 Burgess, Anderson & Tate Inc. 82.88
10171 Carey Electric Contracting Inc. 407.00
10172 Chuck's Towing 165.00
10173 Commonwealth Edison 26,264.01
10174 Commonwealth Edison 145.00
10175 D'Angelo Natural Spring Water 47.60
10176 Ed's Rental & Sales 99.00
10177 The Flolo Corporation 543.05
10178 Foxcroft Meadows 50.60
10179 George P. Freund Inc. 37.58
10180 Garrelt's Plumbing & Heating 136.00
10181 Great Lakes Fire & Safety Equipment 383.02
10182 Grower Equipment & Supply Co. 69.10
10183 Don Hansen's Alignment Service 24.00
10184 Hardware Service Co. 50.21
10185 Horizon Dermer Quality 105.32
10186 Ted Jensen 20.00
10187 Kelburn Engineering Company 234.00
10188 Main Paint & Decorating 169.88
10189 Marblehead Lime Co. 1,289.88
10190 McHenry Analytical Water Laboratory 170.00
10191 McHenry Auto Parts 173.79
10192 McHenry Electric & Supply 9.10
10193 Meyer Material Company 380.41
10194 Midwest Meter Inc. 579.22
10195 Municipal Marking Distributors 139.96
10196 Northern Illinois Gas 1,668.46
10197 Northern Computer Services Inc. 300.00
August 18, 1993 Page 4
WATER/SEWER FUND (cont'd)
10198 Pioneer Truck Parts 20.95
10199 Pitney Bowes 143.80
10200 Potsie's Inc. 155.00
10201 Raycraft Septic Service 720.00
10202 Rowell Chemical Corporation 1,412.82
10203 Safety Kleen Corp. 159.50
10204 Fred Schmidt Plumbing 160.54
10205 Sidener Supply Company 483.71 _
10206 Smith Ecological Systems Inc. 947.50
10207 Thornton's Turf Nursery 57.00
10208 Unitog Rental Services 174.00
10209 Utility Supply of America 81.28
10210 Water Products Company 518.92
10211 WaterPro 1,004.73
10212 Wirf's Industries Inc. 3,498.00
10213 Woodland Recycling & Disposal 4,171.20
RECREATION PROGRAMS FUND
3553 VOID ---
3554 Ace Hardware 41.35
3555 Althoff Industries 67.50
3556 American Red Cross 96.80
3557 Blevins Concession Supply Co. 268.00
3558 Curt Bremer 228.00
3559 L.M. Brownsey Supply Company 35.77
3560 BSN Sports 139.93
3561 Commonwealth Edison 1,945.67
3562 Crystal Manor Stables Inc. 700.00
3563 John R. DeBoer/RC Cola 295.00
3564 Eby Brown 1,557.00
3565 E1 Grande Products 959.00
3566 Halogen Supply 211.61
3567 Joseph H. Huemann & Sons Inc. 556.00
3568 Identity Custom Imprinted Sportswear 355.20
3569 Jewel Food Stores 18.66
3570 William J. Kofler 180.00
3571 Rosemary Kondritz 210.00
3572 Kyrotech Inc. 259.50
3573 Leonardi's Food Specialties LTD 320.00
3574 McHenry Paint, Glass & Wallpaper 16.00
3575 McHenry School District #15 180.00
3576 McHenry School District #156 1,281.22
3577 McHenry Specialties 278.00
3578 Diane Meesak 375.00
3579 Minuteman Press 2,581.57
3580 Northern Illinios Gas 806.33
3581 Norshore Alarm Company Inc. 91.00
3582 Raycraft Septic Service 120.00
3583 Schoep's Ice Cream Co. Inc. 140.40
3584 Schweizer & Associates 338.56
3585 Sportime 157.46
3586 Sullivan Foods 33.54
3587 Target Screen Printing 1,669.68
3588 United Industries Inc. 2,844.45
3589 Wal-Mart Stores, Inc. 54.03
3590 Pat Wirtz 342.00
3591 Scott Young 570.00
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Gilpin announced that a motion should be made to clarify
the August 4, 1993 regular Council Meeting Minutes concerning a motion to
establish annexation fees for residential annexation.
August 18, 1993 Page 5
Motion by Baird, seconded by Locke, to pass the original motion as
amended to read as follows: "To set the non-negotiable annexation fees at
$1,000 per acre, and $500 per unit for residential annexation agreements
signed after October 1, 1993."
Voting Aye: Bolger, Locke, Baird.
Voting Nay: Bates, Lawson.
Absent: None.
Motion carried.
INTRODUCTION OF NEW EMPLOYEES
Director of Public Works Batt introduced two new employees who began
work with the Public Works Division: Street Maintenance employee Albert
Kurz, Jr. was introduced along with Wastewater Treatment Plant employee
Dean Barchard. The Mayor welcomed them and thanked them for appearing at
this meeting.
COUNTRY CLUB ESTATES SPECIAL ASSESSMENT ORDINANCE
At the August 4, 1993 Council meeting, the Council received and
accepted the Second Resolution and Recommendation of the Board of Local
Improvements regarding Country Club Estates Project #32, and directed
that the ordinance attached to said recommendation be published in
pamphlet form for 10 days along with the estimate of cost of said
improvement. Following the ten days, the ordinance was to be submitted
to the City Council for approval. That time frame has now been met, and
the ordinance was before the Council for approval.
Motion by Bolger, seconded by Lawson, to pass an ordinance in the
matter of the City of McHenry, McHenry County, Illinois re Special
Assessment for construction and installation of sanitary sewer
improvements in Country Club Estates, portions of Units 1, 2, and 3 to be
known as City of McHenry Local Improvements Project #32, as presented.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REVISION OF CAPITAL DEVELOPMENT FEES
At the July 28, 1993 Council meeting, the City Attorney was
authorized to revise and draft an ordinance amending the water and sewer
Capital Development Fee Schedule.
Motion by Bolger, seconded by Bates, to pass an ordinance revising
the Capital Development Fee Schedule, as presented.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REPAIR OF MANHOLES
Director of Public Works Batt reported that there are two manholes
which need repairing because they are contributing excessive infiltration
flows to the sanitary sewers. The manholes are located at Irish Prairie
and on Bull Valley Road. Estimated cost for making the repairs was
approximately $5,000, which would be billed on a time and material
basis. Batt was unable to get the contractors who originally constructed
the manholes to make any repairs.
Motion by Baird, seconded by Lawson, to authorize the Director of
Public Works to repair the manholes at Irish Prairie Complex and on Bull
Valley Road west of Northern Illinois Medical Center, which are
contributing stormwater infiltration flows to the sanitary sewer system
at an estimated expenditure of $5,000, and that Director Batt be given
authority to spend an additional $2,500 if it is needed to correct the
problem.
August 18, 1993 Page 6
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RESOLUTION FOR GREEN STREET, PHASE II IMPROVEMENTS
In 1990, Green Street was reconstructed from Kane Avenue to just
north of Fairway Drive under the Federal Aid Urban Systems (FAUS)
Program. This Phase I work was funded 80% Federal, 20% local. At that
time the City also completed engineering for Phase II of the project
which goes from just north of Fairway Drive to south of Knox Park. The
City has submitted this Phase II project for Federal funding under what
is now called the Surface Transportation Program (STP), formally FAUS,
which still provides an 80% Federal and 20% local cost allocation. Total
cost of the project is estimated to be $489,000.00, with a Federal share
of $391,200.00 and a local share of $97,800.00. The City's 1993-94 Motor
Fuel Tax Fund has money budgeted for this project. A resolution needs to
be submitted which would guarantee that the City would pay the local
match for Green Street Phase II improvements.
Motion by Bates, seconded by Bolger, to pass a resolution
guaranteeing the local match funds of $97,800 for the Green Street Phase
II improvements, should the project receive funding approval from the
McHenry County Council of Mayors.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSS HILLSIDE ANNEXATION AGREEMENT
Mayor Cuda announced that this was a continuation of a meeting held
July 12, 1993 concerning the proposed annexation agreement of Hillside ,.
Subdivision. At that meeting, the Council made several recommendations
for incorporation into the annexation agreement. That revised annexation
agreement was presented to Gerstad Builders and their attorney Sam
Diamond for review. Following their review, another annexation agreement
was presented tonight with revisions made by the developers based on the
Council's recommendations.
Mayor Cuda pointed out that at tonight's meeting, language of the
annexation agreement would not be discussed. The only issues to be
addressed tonight were monetary and density issues.
Mayor Cuda summarized the City's action at the the July 12, 1993
meeting: Density be reduced from 125 to 105 homes; A $100,000 lump sum
payment be payable to the school districts; Annexation fees of $750 per
acre, and $750 per unit; A 10-year guarantee on public improvements;
Engineers be required to solve water detention problems affecting Hilltop
Drive and surrounding areas; Increase school developer donations fees by
30%; Increase developer donation fees annually by the Cost of Living
Index for the term of the agreement.
The Gerstads made a counter proposal of: Constructing 125 units;
�. $800 per unit as a payment to the school districts payable upon issuance
of a building permit or an occupancy permit; Proposed annexation fees of
$800 per acre and $500 per unit; School developer donation fees would be
in accordance with the ordinance in effect as of today's date subject to
any increases mandated by the City Council over the future years.
Prior to the start of discussions, Gerstad's attorney, Sam Diamond,
addressed the Council and presented two additional proposals: 1) The
developers would agree to pay annexation fees of $1000 per acre, and $500
per unit payable upon issuance of a building permit. 2) Regarding the
school donations, if allowed 125 units, they would pay $155,000, which is
$1,240 per unit payable at time of occupancy, in addition to whatever the
City school donation ordinance is or may be.
August 18, 1993 Page 7
Lengthy discussion took place on developer donation fees; what
percentage to increase them, and how it would apply to this subdivision
as well as to other subdivisions. Also, concerns were expressed that
language be put into the annexation agreement which would make it
"air-tight" so that the developers could not file a lawsuit against the
City concerning developer donation fees.
Alderman Baird felt that there should be a 30% increase in the
developer donation fees for schools, and it should be incorporated into
this agreement. He also felt the City's Developer Donation Ordinance
should be raised 30% for schools which would apply to all developers.
Don Gerstad replied that the only thing he did not want to do was get
caught in a situation where the City did not change the ordinance for
everyone and he was paying more than the "guy across the street". He
would agree to pay whatever percentage increase the Council wanted as
long as the City changed the ordinance and it applied to all developers.
Motion by Baird, to raise the developer donation fees for schools by
30%.
The motion failed for lack of a second.
RECESS
Mayor Cuda called for a recess at 8:55 P.M. The meeting reconvened
at 9:15 P.M. with everyone still in attendance.
The developers made another proposal -- they would agree not to pay
less than 110% of the current Developer Donation Ordinance as a floor for
the developer donations just for the schools, no matter what. Attorney
Diamond requested that some direction be given to the petitioners tonight
so they could proceed.
Dr. William Dodds, Superintendent of District 15, was asked to
comment on the proposal which had been presented tonight by the
developers. He stressed that he was just speaking for himself as the
Superintendent of District 15, and not speaking for the School Board. In
his opinion, the City and Gerstad Builders were taking fair consideration
of the schools. He felt the $155,000 offered by Gerstad seemed to be
fair and the 30% increase discussed during the meeting seemed to be
something that would be very helpful to the schools. He also felt the
floor of 110% offered by Gerstad tonight, would be very fair. He felt
that if Gerstad Builders should pay these fees, all other builders should
be required to pay them also.
Dodds also felt that Districts 15 and 156 would be willing to consider
some sort of an agreement that if these fees come to the School District,
and at some time it is found that they are not rightfully the schools' ,
that they would work with the City to get those paid back from school
funds for the share they received. He noted that the school boards would
like to continue working closely with the City on various other issues.
He reiterated that these were his own personal opinions and he thought
this was something that the school boards would see as a real step in the
right direction.
Mayor Cuda then summarized the proposal from Gerstad Builders:
1) $1,000 per acre, payable within 90 days after approval
of the annexation agreement;
2) $500 per unit payable at the time a building permit is
issued;
3) A total of $155,000 for school donations, payable at
time an occupancy permit is issued with full payment to
be made 30 months after the date the first final plat is
recorded;
4) Developer donation fees would have a floor of 110% of
the amount which exists in the developer donation
ordinance as of today;
5) The developer donation fees will also increase annually
by the Consumer Price Index;
August 18, 1993 Page 8
6) If the monies are paid to the City, and the City is not
indemnified by the schools, the monies will not be
returned to the developer, but will remain in City
control for public benefit, which means the funds would
remain with the City.
This language would then be put into the annexation agreement and
worked out by the City Attorney and the developer's attorney. It will
then be presented to the Council for further action.
In answer to a question on the "floor of 110%11, Cuda explained that the minimal amount that the developer will pay for school donations is
110% of what the current ordinance amount is. They will still pay that
regardless of whether or not any developer donation ordinance of the
City's is declared invalid or unconstitutional. If the developer
donation fees increase during the term of this agreement, this developer
will be subject to those increases. If that increased ordinance, or
increased amount is declared unconstitutional, they will go back to
paying the floor amount that is in the agreement.
Alderman Bolger asked Superintendent Dodds in speaking for himself
and not for the school board, if he was urging the City to pass this
annexation agreement as it has been presented tonight. Dodds replied
that it sounded fair to him.
In taking a consensus of the Council, Aldermen Baird, Lawson, Locke,
Bolger, and Mayor Cuda were agreeable to the changes made tonight.
Alderman Bates had concerns about the density factor and about other
concerns besides the school system. He wanted to go on record as
expressing concerns about a number of issues, but he would agree to what
had been talked about tonight.
Mayor Cuda complimented the City Council, the developers, the
attorney for the developer, and everyone concerned in this annexation
procedure for acting in a gentlemanly manner. The two attorneys were
then authorized to work out the language as presented tonight, and bring —^
it back to the City Council for approval.
MAYOR — STATEMENT AND REPORTS
There were none.
COMMITTEE REPORTS
There were none.
STAFF REPORTS
Park Director Merkel reported that a public hearing would be held
Monday, August 23, 1993 in the Municipal Center Classroom to discuss the
fish eradication program at McCullom Lake.
NEW BUSINESS
Alderman Locke requested that City Administrator Peterson contact
property owners on the east side of the river to see if they are willing
to annex. Also he could report to them on the action the City has taken
to update the Water and Sewer Master Plan for for this project.
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 9:50 P.M.
CITY CLERK MAYOR