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HomeMy WebLinkAboutMinutes - 07/28/1993 - City Council REGULAR MEETING JULY 28, 1993 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, July 28, 1993 at 7:35 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, and Director of Building and Zoning Lobaito. Absent: City Clerk Gilpin, Chief Joyce. TER MINUTE PUBLIC INPUT SESSIOft During the Ten Minute Public Input Session, the following residents �-- spoke on the listed topics: NAME/ADDRESS TOPIC John Rogers, 4618 N. Fox Lane Proposed Operations Fee Schedule for schools and resulting increase in taxes for people on fixed income. Patricia Buhrman, 4708 W. Shore Developers of White Oak Ridge request for waiver of annexation fees & impact fees. Cherie Rickert, 110 Huntington Economic planning status and the several empty stores along Route 120. Amy Moerschbaecher, 4502 Lakewood Development of turn-around for large trucks on narrow Lakewood Road which is a private road. Vicki Sheppard, Plan Commission White Oak Ridge information and Chairman arguments presented to Council re abatement of impact fees never presented to Plan Commission. CONSENT AGENDA Alderman Baird asked that additions of his comments be made to the minutes of July 14, 1993 under the subjects of River Park Subdivision Preliminary Plat and the Ad Hoc Committee Recommendation and the July 7 minutes by adding his response to Mayor Cuda's request for comments on the Appropriation Ordinance. Alderman Bates ask that an additional comment he made regarding his voting nay on the subject of Award of Refuse Contract be added to the minutes of June 30, 1993. City Attorney McArdle ask that a sentence be deleted from the July 14, 1993 Board of Local Improvements minutes under Attorney's Review of Project. Motion by Bolger, seconded by Bates, to approve the following Consent Agenda with the stated additions and deletion to the Minutes of June 30, July 7 and July 14, both the Regular Meeting and the Board of Local Improvements: (1) June 30, 1993 Regular City Council Meeting Minutes, as corrected; (2) July 7, 1993 Regular City Council Meeting Minutes, as corrected; (3) July 12, 1993 Special City Council Meeting Minutes; (4) July 14, 1993 Board of Local Improvments Public Hearing Meeting Minutes, as corrected; (5) July 14, 1993 Regular City Council Meeting Minutes, as corrected; (6) Payment of McHenry County Municipal Risk Management Agency Premium, $214,411.00; (7) Tuition Reimbursement Request - Officer Wm. Brogan, Constitutional Law CJ401, $270.00, subject to $1,000 limitation for Fiscal Year 1993-94; (8) Tuition Reimbursement Request - Officer Thomas Jenkins, Mgt. 438 Internat'1 Business, Mkt 333 Public Relations, Mgt. 433 Interview and Selection, Psy/CJ Research and Methods in Psychology, subject to $1,000 limitation for Fiscal Year 1993-94; (9) Request from Karen Braden for "Brittany Park Cafe Day", August 14, 1993, 11:30 am - 3:30 pm; (10) Picnic/Beer Permits; July 28, 1993 Page 2 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID - 1993 SIDEWALK PROGRAM The following seven bids were received for the 1993 sidewalk program, of which three did not qualify: 1. Schroeder & Schoreder, Skokie IL. $122,850.69 2. Landmark Contractors, Huntley, IL. $146,844.70 3. Alliance Contractors, Woodstock, IL. $170,744.55 4. Wm. Tonyan & Sons, McHenry, IL. $187,081.00 Those whose proposals contained unacceptable bid sureties and were not reviewed: 5. Gem Construction, Wood Dale, IL. $ 90,433.35 6. Greenhill Construction, Ingleside, IL. $139,564.15 7. Bergquist & Zimmerman, Huntley, IL. $162,287.75 City Administrator Peterson stated that the Council previously authorized bidding the 1993 sidewalk project with a provision in the bidding documments to include replacement of driveway aprons for Northwest Property and Financial Management on behalf of their homeowner's association in the approximate amount of $8,100 which will be reimbursed by them. The 193-94 budget amount for this program is $130,000 and the recommendation from Peterson and Director of Public Works Batt to award the bid to Schroeder & Schroeder in the amount of $122,850.69 minus the $8,100 would leave approximately $15,000 in unspent budgeted sidewalk replacement dollars. Peterson recommended that additional replacement sidewalk be added from the list prepared by Batt to bring the total package up the the budgeted $130,000.00 amount. Motion by Bolger, seconded by Lawson, to award the bid for the 1993 sidewalk replacement and repair program to Schroeder and Schroeder in the amount of $122,850.69, which includes the $8,100 reimburseable amount, and authorize the Director of Public Works to add replacement sidewalks from his list up to the $130,000.00 budgeted for the current fiscal year. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REVISION TO ALARM MONITORING AGREEMENT The City was notified several weeks ago that the private alarm company that operated the monitoring system (located in and monitored by the police department) was sold to Norshore Alarm Company. The agreement that the City had with the previous owner, Nelson Electronics, was assignable and is due to expire July 18, 1995. In discussions with Norshore, the City Attorney suggested several amendments to the current agreement which would provide the following additional protection to the City: - making the contract non-exclusive; - making the contract non-assignable; --� - having Norshore provide a Certificate of Insurance in the amount of $1,000,000 and naming the City an additional insured; In return for the above concessions, Norshore asked to be granted an additional two-year extension on the contract through July 18, 1997. If no agreement can be reached, then the current contract terms and conditions would prevail until the July 18, 1995 date. Peterson asked the Council to concur with the proposed amendments, including the extension through 1997 and to authorize the City Attorney to continue negotiations. Motion by Bates, seconded by Baird, to direct the City Attorney to continue negotiating with Norshore and come back with a new contract if Norshore agrees to the conditions. July 28, 1993 Page 3 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. REVISION TO CAPITAL DEVELOPMENT FEE ORDINANCE In 1991 when the water and sewer Capital Development Fees were last adjusted, the City Engineers and staff made a recommendation that a process be used to assess these fees using "Equivalent Dwelling Units" (EDU's) and standard industry codes for commercial and industrial properties. Based on this new fee structure, four of the six permits issued for commercial/industrial properties generated exhorbitant connection fees that had no relation to their impact on the water and sewer systems. The Council reviewed these permits and did reduce them using the prior formula, which was based on the size of the water meter. Both the Directors of Public Works and Building & Zoning recommend amending the commercial and industrial Capital Development Fee Schecule for sewer and water by using the old formula, with updated fees based on the present fees charged for a three-bedroom detached single-family residence coupled with the size of the water meter connection. No Capital Development Fees are charged or would be charged for fire suppression systems. Responding to a question by Lawson concerning the difference in the fee for a permit for Pioneer Center, Peterson stated that under the current EDU formula Pioneer would pay a $68,000.00 connection fee for a building that only has two bathrooms. With the proposed formula, the fee would be approximately $7,700.00. Motion by Bolger, seconded by Lawson, to authorize the City Attorney to draft an ordinance amending the existing water and sewer Capital Development Fee schedule in accordance with the recommendation made by the Director of Public Works. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. L— Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS The Mayor presented a "School's Open" Proclamation for approval by the Council. Motion by Baird, seconded by Bolger, to proclaim the week of August 23 through August 27, 1993 as "School's Open Safety Week" in the City of McHenry urging motorists to be watchful for children returning to school and to obey the signals of the student School Safety Patrols who guard busy intersections near schools. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The Mayor reported on the following: - a meeting he had with Don and Roger Gerstad concerning the City's proposal on the Hillside Subdivision annexation and their �— various counter-proposals. Cuda just wanted to advise the Council that the Gerstads were still interested in pursuing the matter hoping to work out a compromise. - a telephone call he received from Scott Hunt regarding the White Oak Ridge annexation and stated that Hunt and his partner Frank Gradishar are just not interested in annexing to the City. Cuda asked Hunt if the annexation fees were $500 an acre and $500 per unit, would they change their minds. Hunt said no, they would only come into McHenry if all fees were waived. Cuda ask Hunt to send him a letter to that effect. July 28, 1993 Page 4 Motion by Locke, seconded by Baird, that should White Oak Ridge file a Zoning Petition with the County, the City will object. Discussion followed. Bates stated that he had contacted the County requesting that all County Board agendas be faxed to the City for purposes of reviewing what is happening in the County and they agreed. Cuda stated that the County is obligated by Statute to send us notices of any zoning matter that is within our mile and one-half planning jurisdiction. Cuda felt that taking action now before anything was pending before the County might not be a good idea. Baird stated that the City needed to show its concern and not allow developers to make an "end run" around the City that ,..� recently occured. Cuda asked McArdle what effect this motion would have and McArdle said it would not have any effect one way or the other because the City will have an opportunity legally to object when it comes before the County. This motion only states that in the event a petition is filed and in the event notice comes to the City and in the event an objection is available, the City will make it. Locke called the question. Voting Aye: Baird, Locke. Voting Nay: Bolger, Lawson. Abstain: Bates. Absent: None. There being a tie vote, the Mayor cast a nay vote. Motion failed. The Mayor continued his report: - He had a meeting with representatives of Lakewood Subdivision concerning a truck turn-around area at the end of Lakewood Road. The turn-around had been reduced by the moving of a City fence because of a Court Order in an ownership lawsuit between an adjoining property owner and the City of McHenry. Because the street is only 20 feet wide and there is no other place to turn around the trucks are backing in or out along the road which causes a hazard. The residents are asking the City to move the fence back to give sufficient room for trucks to again turn around and to spread some gravel. The Mayor asked the Council to direct the Parks Department and Public Works Department to put in a turn-around. Questions arose as to whether the City could now legally move the fence since there was a Court Order involved. Director of Public Works Batt also wanted an ownership question on a portion of the turn-around clarified. From what he could determine he believed the City did not own it. It was decided to have staff look into the matter and come back with a recommendation. Locke asked if a smaller garbage truck could be used by the new hauler, Northshore, until the matter is resolved. Batt said he would relay the request. COMMITTEE REPORTS Locke reported on a Finance Committee meeting held July 14 and discussed the following items: - patrolman vacancy; Committee concurred with Chief Joyce to recommend setting aside monies for schooling for a new patrolman which would probably not take place till January, 1994. - School District 15 rental fees (now being charged to City's Parks & Recreation Dept.) and request by District 15 for City to waive sewer/water fees and vehicle sticker fees, if they waive their rental fees. Committee recommended not to waive City's fees. Based on Director Merkel's suggestion, the Parks & Recreation boundary has been corrected so that now they will only recognize the City's boundary and not the School District's boundary in charging resident fees and will no long schedule the use of District 15's facilities during the summer months. (The Council approved these recommendations at its meeting of July 14.) July 28, 1993 Page 5 - Employee group health insurance will be discussed at a meeting soon to be set up with the representative from Arthur J. Gallagher to get an early start. - A committee needs to be set up for the August public hearings on Cable T.V. - The City needs to determine the benefit received from Dial-a-Ride vs. the money spent in that the private sector can possibly take on some of the burden. - There is a 3% increase in the sales tax from last year and letters were to be mailed to the State urging continuation of the income tax surcharge, along with letters to State Reps regarding the City's frustration with unfunded mandates. - The Committee is in the process of reviewing the liquor license fee for Sullivan Foods, based on Sullivan's request. Alderman Bolger reported on the Public Property Committee meeting held July 26 on drainage problems. He visited many problem sites and compiled quite a lot of information and will have a comprehensive report for the next Council meeting. STAFF REPORTS Parks' Director Merkel reported that most of the park programs scheduled for Fiesta Days were very successful with good attendance. The Department is getting ready for fall programs with the brochure coming out shortly. Public Works' Director Batt reported that McDonald's representatives sat down with the people from Amlings and he believed that McDonald's access problem has been worked out and the matter will be brought to the Council for discussion and approval in about three or four weeks. There will be a shared access on Route 31 with Amlings. Building & Zoning Director Lobaito reported that Fox Valley Door & Sash Company recently acquired the old post office building on Green Street and has done a nice job of remodeling and landscaping. City Administrator Peterson reported that the City will be applying �-- to FEMA for reimbursement of labor and material costs attributable to the flooding damage that the City experienced. The FEMA people are also encouraging City residents who flooded to call FEMA at their 800 number to find out what assistance is available to them. There are grants and low-interest loans available. Peterson also said that quite a bit of information, including flood insurance data, will be sent to all residents who indicated they had sustained losses or property damage as a result of the flooding. Peterson stated that the City had a request from a major film company in which a helicopter would be filming in the Winding Creek area and farmfields one day next week and one day the following week. They need approval of the F.A.A. and the City, and will reimburse actual expenses of using City police on an over-time basis along with paying the City a fee. There was general approval for the filming from the Aldermen with Bates and Locke asking Peterson to request as much revenue as the film company would part with. Peterson reported that the census was well on its way to being completed. They will be wrapping up the field visits next week and the City will be placing notices in the paper requesting those who were not counted to fill out the notice and mail it back to the Census Bureau. He believed that within two to three months we would have the initial count with verification by late November. �-- NEW BUSINESS Baird asked that the annexation fees (per acre, per unit) be scheduled for discussion on the next Council meeting agenda. Baird also ask that the FAP 420 extension from Route 53 to Richmond as proposed by the State be on the next agenda for discussion and possible support. Cuda said he was waiting for more information on the actual route that it would take because it may not be the old FAP 420 location that was proposed many years ago. Baird stated that there was a public hearing scheduled in Wauconda shortly which he was going to attend and personally express his support. He would like to take with him the endorsement of the whole Council. Cuda said he would try to have the information for the next agenda. July 28, 1993 Page 6 Baird questioned whether Northshore Waste had sent out any information on the new garbage/recycling pickup and if the new garbage bags were available. Batt stated that Northshore will be sending out a brochure within a few days advising of the new procedure and where bags can be purchased. The buy-back of bags by Waste Management will not be in the brochure and because the people at Waste Management are on vacation Batt cannot give any details of the buy-back. He was certain though that in addition to the City, another retailer will also be involved in the buy-back program. Northshore's bags will be in the stores and at City Hall early next week. Baird commented that he received the copy of the proposed Gerstad proposal on the Hillside Subdivision annexation and after examining it he feels personally that it is not a good one. It is not even close to what was hammered out at the annexation meeting. Baird said he was very disappointed with it. Cuda stated that he had a meeting with the Gerstads today and they assured him that perhaps their attorney did not understand what they had told him. He also said that the Gerstads wanted to talk one on one with each Alderman about their concerns. Cuda told them he had no objection, but if any Alderman does object, let Cuda know. The matter of annexing properties to the City along Richmond Road (north Route 31) was discussed. Since the City's Comprehensive Plan and Water/Sewer Master Plan encompases that area, discussion took place on whether to contact these property owners to see if they were interested in annexing to the City. Locke asked for a poll of the Aldermen to get an opinion as to whether the City should seek annexation of those properties by whatever means necessary: Baird would be in favor of pursuing it, not necessarily by any means but vigorously. Lawson pursue. Bates interested in pursuing by whatever means necessary because he had concerns over the environmental impact that the proposed FAP 420 would have going through that area. Bolger interested in annexing the territory but with an agreement satisfactory to both parties. Cuda agreed with Bolger. Does not believe in any type of forced annexation. Continuing under new business, Locke said based on the last meeting of the Ad Hoc Committee and the responses by some of the members, he can find no reason for its existence at this time. Motion by Locke, seconded by Bolger, to disband the Ad Hoc Committee. Voting Aye: Locke, Bolger. Voting Nay: Baird, Lawson, Bates. Absent: None. Motion failed. Locke asked that consideration be given to hiring a greeter for the Municipal Center because some senior citizens have problems finding the various offices. Motion by Bates, seconded by Lawson, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Meeting adjourned at 9:15 P.M. Deputy Clerk Mayor