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HomeMy WebLinkAboutMinutes - 08/04/1993 - City Council REGULAR MEETING AUGUST 4, 1993 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, August 4, 1993 at 7:50 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 were Deputy Clerk Marth, City Administrator Peterson, City Attorney McArdle, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Building and Zoning Lobaito and Chief Joyce. Absent: City Clerk Gilpin. TER MINUTE PUBLIC INPUT SESSIOft During the Ten Minute Public Input Session, the following residents spoke on the listed topics: NAME/ADDRESS TOPIC James Calvin, 4402 W. Ashley Last year's damage to the parkway in front of his home. John Walczak, 5120 W. Willow Status of correcting drainage problems in Lakeland Park. John Rogers, 4618 N. Fox Lane Bull Valley Road Bridge and truck traffic. Robert Alexander, 2005 Pine Dr. Homeowners' problems with Hemphill completing or correcting work on their homes in The Oaks. The Mayor asked the homeowners in the audience to copy their letters that were sent to Hemphill to the Director of Building & Zoning so a record of the complaints against the builder can be compiled. CONSENT AGENDA Motion by Baird, seconded by Bolger, to approve the following Consent �.. Agenda with the correction of (4), Central Wastewater Treatment Plant Improvement Progress Payment #4, being paid to Hayes Plumbing and not Baxter & Woodman: (1) Picnic/Beer Permits; (2) Block Party Request - block off street between 220 Cross Trail and Overland Trail, Winding Creek, August 21, 12:00 noon - 10:00 P.M. , Cindy Carr; (3) Street blocking request - Shore Drive between Knoll and Rogers Avenues, August 21 for wedding celebration, Cecilia Serritella; (4) Progress Payment #4 to Haves Plumbing (corrected) for Central Wastewater Treatment Plant Improvements in the amount of $82,593.17. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. RECEIVE ORDINANCE FROM BOARD OF LOCAL IMPROVEMENTS Motion by Bolger, seconded by Lawson, to receive and accept the Second Resolution and Recommendation of the Board of Local Improvements regarding the Country Club Estates' Project #32 and direct that the �- Ordinance attached to said Recommendation be published in pamphlet form for 10 days along with the Estimate of Costs of said improvement. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The published Ordinance will be scheduled for passage by the Council at the Regular Meeting of August 18, 1993. August 4, 1993 7age 2 INSTALLMENT CONTRACT FOR FINANCING COUNTRY CLUB ESTATES SANITARY SEWER INSTALLATION At the July 14, 1993 Public Hearing on the Special Assessment Project #32 for Country Club Estates, City Administrator Peterson was instructed to seek proposals for financing from local financing institutions on the proposed $600,000.00 project. Based on the exceptional rate quotes received, Peterson was going to recommend that a 10 year installment contract with First National Bank of McHenry at an interest rate of between 4.150% to 4.37% depending on the time of distribution, be used for the financing. In further researching and discussions with the City's Attorney, Dave McArdle and Financial Advisor, Harold Warren, Peterson was recommending that action by the Council be deferred until some procedural questions are answered. The recommended financing for the project will probably come back in an amended format. Peterson and McArdle said this would not delay the project. Alderman Locke asked what type of process was used for bidding. Peterson said it was a RFP (Request for Proposal) that was sent to local financing institutions with only the First National Bank and McHenry Savings Bank responding. Peterson said he did receive a call from McHenry State Bank apologizing for not getting a proposal to us. They simply forgot. Locke suggested opening up the RFP process again to allow McHenry State Bank to provide a proposal. The Mayor and remaining Aldermen felt it was improper since the rates of the other two banks had been made public. Motion by Locke to award the bid for financing of the Country Club Estates Special Assessment to the First National Bank of McHenry. Motion failed for lack of a second. AWARD OF BID - ROTENONE PURCHASE As part of the City's successfully funded Phase II Clean Lakes Study Grant, an eradication of the undesirable fish species which have populated McCullom Lake was recommended. The eradication will be conducted through the application of rotenone. It is anticipated that this treatment will occur on September 8 and 9 or 9 and 10, depending on the weather. Volunteers, City staff, and personnel from the Illinois Department of Conservation, Division of Fisheries will be used. Parks' Director Merkel said notices will be mailed to all minority property owners who have an interest in the lake. They have already received information from the Illinois Department of Conservation on the fish kill. Concern for humans, animals, insects and birds was expressed. Merkel said that only the cold-blooded gill-breathing species are affected. He also said that this was the third time that a McCullom Lake fish kill had taken place (1959, 1970 and 1993) and the public response to the eradication has been very positive, with many volunteering to help in the clean up afterward. Alderman Bates wanted assurances that the public would be well informed and that enough signs around the lake be erected. Merkel said there has been ongoing public education and a public hearing is also being scheduled. Motion by Baird, seconded by Bates, to award the bid for the purchase of rotenone to Aquatic Control, Inc. , in the amount of $38,742.00 for the fish eradication on McCullom Lake in connection with the Phase II Clean Lakes Grant. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. August 4, 1993 Page 3 PROPERTY APPRAISAL The City of McHenry has been a member of an insurance pool known as the McHenry County Municipal Risk Management Agency (MCMRMA) since 1988. An on-site appraisal of City property values was last made in 1986. As part of MCMRMA's annual renewal process to assure proper insurance to value and equitable distribution of premium-cost to member communities, Gallagher Bassett Services, Inc. , as plan administrator for the group, was asked to provide a quote for appraising the building values excluding contents, for all pool members. Gallagher Bassett stands behind the appraisals for the replacement cost basis of City properties should a disaster ever occur which would result in the destruction or damage to City structures. Motion by Lawson, seconded by Bolger, to approve a contract with Gallagher Bassett Services, Inc. to appraise City building values excluding contents for replacement insurance purposes, in the amount of $3,509.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE TO PROHIBIT "FOR PROFIT" SOLICITATIONS. EXCEPT_ SOLICITATIONS PROTECTED BY FIRST AMENDMENT RIGHTS City ordinances currently allow solicitation by "For-Profit" and "Non-Profit" organizations. Under the City's existing procedures, a "For-Profit" application must be completed, some police background checks conducted, and verification of a valid State sales tax number are made prior to bringing the applications to the Council for consideration. When the Council last reviewed such an application, it directed staff to seek removal of the "For-Profit" solicitors and peddlers from a permissable activity. Legal opinions from the former City Attorney and the current City Attorney indicate such an ordinance could be done with certain restrictions. The Aldermen discussed the merits and restrictions of such an ordinance, how it could be enforced and whether there could be some exceptions. Attorney McArdle stated that the Council would have to establish a reasonable basis for granting and denying each application. Granting an exception would be challenged by the person who was denied a license, McArdle said. Motion by Bates, seconded by Bolger, to authorize the City Attorney to draft an Ordinance prohibiting "For-Profit" solicitations for review by the Council. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. RECESS Mayor Cuda called for a recess at 8:45 P.M. The meeting reconvened at 9:00 P.M. with everyone still in attendance. ANNEXATION FEES At the Council meeting of July 28, 1993, Alderman Baird asked that the issue of setting a per-acre per-unit annexation fee for residential annexations be placed on the agenda for discussion. Following are the different options summarizing the various fees that have been previously discussed ty the Council: August 4, 1993 Page 4 PER ACRE PER UNIT $ 500.00 $ 750.00 500.00 1,000.00 750.00 750.00 750.00 1,000.00 1,000.00 500.00 1,000.00 750.00 1,000.00 1,000.00 Lengthy discussion followed on the different combination of fees. Motion by Baird, seconded by Bates to set the annexation fees at $1,000.00 per acre and $750.00 per unit for residential annexation agreements. More discussion followed. Baird amended his motion to read "to set the non-negotiable annexation fees at $1,000 per acre and $500.00 per unit on residential annexation agreements signed after October 1, 1993." Locke then seconded the amended motion. Voting on the amended motion: Voting Aye: Baird, Locke, Bolger. Voting Nay: Lawson, Bates. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS The Mayor presented a Resolution supporting the construction of "Route 53 to Richmond" Arterial Roadway (FAP 420). Cuda said that Alderman Baird was going to given oral testimony at a NIPC meeting in Wauconda on Thursday and wanted to present the Resolution with a unanimous affirmative vote from the Council. Discussion followed on the impact of the proposed roadway with some of the Aldermen expressing concerns that the environmental issues were not addressed in the Resolution and didn't want to approve it in the stated form. Attorney McArdle was asked to draft an additional paragraph to add to the Resolution voicing those concerns. The following paragraph was added to the Resolution: "WHEREAS, the Mayor and City Council of the City of McHenry support said extension of Illinois Route 53 so long as the Illinois Toll Highway Authority adequately addresses the environmentally sensative concerns of the City of McHenry and McHenry County in general." Motion by Locke, seconded by Baird, to pass the Resolution supporting construction of the FAP 420 "Route 53 to Richmond" Arterial Roadway with the additional paragraph on addressing the environmental concerns. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The Mayor announced a meeting on August 25, 1993 by the Village of Johnsburg Plan Commission to address its long range Comprehensive Plan. It will take place at 7:00 P.M. in the multi-purpose room at the Johnsburg Junior High School. Cuda stated that he and City Administrator Peterson were going to attend and thought it important that some Council members also attend to express the City's concerns over some of the statements made recently by Johnsburg officials in the newspapers. August 4, 1993 Page 5 COMMITTEE REPORTS Alderman Bolger reported on the July 26, 1993 Public Works Committee meeting concerning the flooding and drainage problems throughout the City. After visiting many of the areas and talking to a number of the people, the following items were considered for recommendation to the Council for action: - an ordinance imposing a fine for dumping foreign materials in drainage ways; - to require regular inspections by Public Works people of all drainage ways to insure that they are clear of any materials ..., that could impede drainage; - inspection of sanitary sewer manholes especially in Lakeland Park to insure that they are properly sealed to prevent infiltration of ground water; - development of a large City detention area on the Pacini property between the railroad and Route 31; - inspections of areas to determine where new culverts are needed and to replace damaged ones; - looking for sump pumps that may be ejecting water into the snaitary sewer system. Bolger stated he believed this would not be one of the first projects recommended but would be something that the City will be looking at. - having larger pumps in the Willow Lane and Anne Street lift stations. Bolger then ask Peterson to continue. Peterson presented an information packet that was going out to approximately 30-35 residents who indicated they sustained some flood damage. The packet contained information on the availability of grants or low interest loans; the `_National Flood Insurance program and rates along with a 50 page question and answer booklet on the program; a FEMA 800 number; a pamphlet on Floodproofing Basements and Homes; minutes from the July 26 Public Works meeting and a letter from the City telling the residents that the City is formulating a plan for maintenance and improvement of the existing storm sewer system. They will also be notified of the meetings where the Council will consider implementing incrementally some of the recommendations from the Public Works Committee that Alderman Bolger commented on. He said the staff would like to take each Committee recommendation and do a written comprehensive plan for implementation and bring each one before the Council for action, hopefully to start by the beginning of September. Peterson also said that in updating the Water/Sewer Master Plan, the Lakeland Park area will be looked at closer because of the flooding problems there. Peterson reported that the City was taking steps in applying for FEMA credits in a community rating system that would allow better rates for residents seeking flood insurance. The City is doing things in flood control that is over and above the standards that FEMA has set. These credits amount to from 5 to 45% for City residents. Hopefully, Peterson said, we will be notified in six months or so what that credit percentage will be. Mayor Cuda assured the affected residents that they would not be ignored, but that it would take time to implement these plans and correct some of the problem areas. Alderman Locke reminded the Council of the Finance Committee meeting on Thursday, August 5, at 7:00 P.M. with Jim Relyea from Arthur J. Gallagher concerning employee group health insurance. STAFF REPORTS Director of Building & Zoning Lobaito responding to a question by Baird on the Soil Erosion Ordinance, stated that he had just put together a draft and needed to get it to the City Attorney to put it in final form. Lobaito also reported on the following July building activity: August 4, 1993 Page 6 - 15 new housing starts - 3 more than a year ago; and - 3 new commercial buildings applying for permits - none last year. There were 86 permits last year to this date and 84 this year to date. Director of Public Works Batt reported on the changeover in the waste hauling program for residential (1 through 4 family) buildings, stating that it seemed to be working well, and mentioned the following points that may not have been in the news article that Reporter Joe King did such a fine job on: - In addition to City Hall, Eagle Food Store will also be buying back Waste Management bags, but only when they are paid up front for the bags; - this Saturday will be the last of the residents' free yard waste drop off. Stickers will need to be purchased by the residents and are available where the new garbage bags are sold EXCEPT at Omni and Sullivans. Batt wasn't sure why these two stores will not be selling stickers. Large Kraft bags will also need to be purchased for the yard waste. (Can probably be purchased where the bags are sold, except City Hall). The stickers are used on �. the Kraft bags as follows: one-half of the sticker on the Kraft bag for the City drop off site; a full sticker applied to the bag for curb-side yard waste pickup. You can also attach the sticker around the handle of a 33 gallon garbage can for curb-side pickup. Parks Director Merkel reported that the fall brochure on Parks & Recreation programs was just mailed with registration for City residents scheduled for August 23. City Administrator Peterson reported that the special census people are done and their preliminary figures show an approximate population of 18,200. Notices will now be placed in the paper for those who believe they were not counted. They can fill out the notice and mail it back to ..� the Census Bureau. Peterson also reported that the City was in the process of applying to FEMA for reimbursement of flood related expenses by the City. He was not sure of the final figure yet but 75% would be reimbursed by the Federal Government, 12 1/2% by the State and the City's portion would be 12 1/2%. NEW BUSINESS Alderman Bates, referring to the Municipal Code on the Annual Treasurer's Report to the Council, asked that the City Treasurer, in addition to publishing the report in the newspaper, appear before the Council on August 18 to go over the report and answer any questions the Council may have. Locke asked if the Aldermen wanted to change the meeting nights from Wednesday to Monday. All the remaining Aldermen said that Wednesday was more convenient for them. Responding to information supplied by the City Administrator on the Jewel Food Store complaint before the Property Tax Appeal Board for a real estate tax reassessment, Cuda stated that the City should send a letter objecting to the reassessment and reduction in taxes, even though the tax loss to the City is only around $250.00. Alderman Bolger felt --� the Council should let it follow the process and take no action. Baird felt it would start a domino effect. Locke supported the Mayor's suggestion. A consensus of the Council was to send the letter. Mayor Cuda asked that either Peterson or McArdle draft such a letter. EXECUTIVE SESSION Motion by Locke, seconded by Lawson, to go into Executive Session at 10:30 P.M. , to discuss personnel matters. August 4, 1993 Page 7 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Baird, to go back into open session at 10:40 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Bolger, to approve the Mayor's recommendation to hire Alfred Kurz, Jr. as a Street Maintenance Worker in the Public Works Division at a salary of Grade 6, Minimum Step and to hire Dean Barchard for the position of Wastewater Treatment Plan Operator in the Public Works Division at a salary of Grade 7, Minimum Step. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. ADJOURNMENT Motion by Bates, seconded by Locke, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Meeting adjourned at 10:41 P.M. Deputy Clerk Mayor