HomeMy WebLinkAboutMinutes - 05/31/1995 - City Council REGULAR MEETING
MAY 31, 1995
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda on Wednesday, May 31 , 1995 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 were City Clerk
Althoff, City Administrator Peterson, City Attorney McArdle, Director of Building and
Zoning Lobaito, Director of Parks and Recreation Merkel, Director of Public Works Batt,
and Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Roger Gerstad of Gerstad Builders, McHenry, requested Council consider
granting approval to Gerstad Builders to farm approximately 26 acres of open land
known as The Oaks and currently zoned RS-2. This current zoning does not allow
farming as a use, and because of lengthy time constraints, the Gerstads cannot
complete the process seeking a conditional use for this property before planting needs
to begin. It was Council's determination to consider this matter further under "New
Business".
The Riverwood Elementary School Fifth Grade Class presented a plaque to
Alderman Bill Baird commending him for his civic interest and his assistance in creating
the "City of Riverwoods".
CONSENT AGENDA
Some discussion took place regarding James A. Molnar's tuition reimbursement
request.
Motion by Lawson, seconded by Bolger, to approve the Consent Agenda as
follows:
(1) Tuition Reimbursement Request - James A. Molnar - Principals of
Management, June 5, 1995-July 26, 1995, $270.00;
(2) Picnic/Beer Permits;
(3) April 19, 1995 Regular City Council Meeting Minutes;
(4) April 24, 1995 Committee Meeting of the Whole Minutes;
(5) April 26, 1995 Annual City Council Meeting Minutes;
(6) May 3, 1995 Regular City Council Meeting Minutes;
(7) May 10, 1995 Special City Council Meeting Minutes;
(8) May 17, 1995 Regular City Council Meeting Minutes;
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CONSIDERATION OF CONSTRUCTION OF WASHROOMS AT WHISPERING OAKS
PARK ADJACENT TO FORT McHENRY
Mayor Cuda briefly reviewed the background information on this matter. City
Administrator Peterson reported that $19,000 remained in the Fort McHenry
fundraising account. Washroom construction, which includes Americans With
Disabilities Act requirements, is estimated at approximately $30,000. Mayor Cuda
then noted many residents had signed in expressing their desire to address this issue.
He opened the floor to comments.
Barbara Gilpin presented letters of support from the McHenry Area Chamber of
Commerce and McHenry Pigtail League for the installation of washroom facilities at
Fort McHenry. She also noted that the $30,000 figure could be substantially reduced
as many area businessmen had already pledged donations of materials and labor. She
stated that many of the Whispering Oaks residents had not voiced their displeasure
at the installation of washroom facilities as much as their concerns that the facilities
be kept clean, locked at night, and designed appropriately.
May 31, 1995 Page 2
Wilbur Hecht, who owns property adjoining Fort McHenry, informed Council of
the many parents and children attending Fort McHenry, taking advantage of the
washroom facilities at his building. He requested Council consider supplying him with
toilet paper, soap and towels for these patrons.
A Whispering Oaks resident stated that adults, too, had need of washroom
facilities at Fort McHenry, and perhaps grant monies were available for construction
of handicapped accessible washroom facilities.
Andy Glabb, of 5001 Oakwood, also stated his support for the installation of
washroom facilities at Fort McHenry. He requested Council consider utilizing City
funds for the construction, as opposed to depleting the Fort McHenry maintenance
and upkeep fund.
Don Porter stated the washroom facilities would be a positive addition to the
park. He asked that care be taken to keep the washroom facilities clean, locked at
night, and located on the north side of the park in close proximity to the playground.
In response to the concerns voiced regarding park closings, City Administrator
Peterson noted the recent hiring of a parks ranger who would be responsible both for
park gate and washroom closings.
Kathie Robinson, fifth grade teacher at Riverwood School, stated her support
for washroom facilities at Fort McHenry, and as a teacher, felt that the facilities would
be a welcome addition for school field trips.
Motion by Baird, seconded by Lawson, to approve construction of washroom
facilities at Fort McHenry-Whispering Oaks Park with City funds, and refer to the Parks
and Recreation Committee the questions of design and location.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda stressed the Council's commitment to maintaining the cleanliness
of these facilities and Alderman Bolger noted that the monies pledged for the
construction will not be expensed through the General Fund, but through the
Developer Donation Fund.
Shirley Wilson, a Whispering Oaks resident, stated her displeasure with the
Council's decision to locate washroom facilities at this park, citing her concerns with
additional garbage, traffic, and vandalism.
Debbie Leather, Fort McHenry co-chairperson, thanked the Council for their
decision.
Mayor Cuda called for a recess at 8:30 P.M. The meeting reconvened with
everyone still in attendance at 8:45 P.M.
APPROVAL OF THE 1995-96 ANNUAL CITY BUDGET
City Administrator Peterson stated that the budget was the result of numerous
Finance Committee meetings and Committee Meetings of the Whole. He stated that
revenues reflected a 2.6% increase over last year's 1994-95 Budget. This reflects an
increase in sales, income and property tax revenues. The 1995-96 Budget includes
expenditures of $14,934,961 .00. The expenditures include many capital development
projects and infrastructure work.
Motion by Lawson, seconded by Locke, to approve the 1995-96 Annual City
Budget reflecting $13,982,399.00 in revenues, and $14,934,961 .00 in expenditures,
noting that deficit spending is possible as a result of accumulated fund balances and
to reflect by line item, the specific streets included in the resurfacing and
reconstruction projects of the Motor Fuel Tax Fund.
May 31, 1995 Page 3
Voting Aye: Bolger, Bates, Lawson, Locke, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
EXTENSION OF LETTER OF CREDIT - DEERWOOD ESTATES, PHASE III
City Administrator Peterson reported Council had previously considered a
request by Gerstad Builders to extend their letter of credit for Deerwood Estates,
Phase III. At that time, Director of Public Works Batt requested time to confirm the
status of the letters of credit for Deerwood Estates, Phases I & II. It was noted that
Deerwood Estates, Phase I was completed and accepted by the City on November 4,
1992 and is no longer covered by a letter of credit. Deerwood Estates, Phase II had
the original letter of credit reduced to $35,758.00 on September 7, 1994, with the
following public improvements remaining: street lights, final road surface, and shoulder
work. Roger Gerstad stated these public improvements will be completed in July of
1995.
Motion by Locke, seconded by Bolger, to extend the Deerwood Estates, Phase
III letter of credit for an additional two years, to expire November 14, 1997.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING TRANSPORTATION OR POSSESSION OF ALCOHOLIC
LIQUOR IN A MOTOR VEHICLE
City Administrator Peterson explained, as per Council direction at the May 3,
1995 regularly scheduled Council meeting, an ordinance was drafted revising the
McHenry Municipal Code to conform with State Statutes regarding the consumption
of alcoholic liquor in limousines.
Motion by Lawson, seconded by Baird, to pass an ordinance amending the
McHenry Municipal Code, Sec. 13-502(c) to conform with State Statutes as regards
the consumption of alcoholic liquor in limousines.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE TO ESTABLISH PARK CLOSING TIMES
City Administrator Peterson explained that the Council had considered a
recommendation from the Parks and Recreation Committee regarding closing times at
the various City parks. After a lengthy discussion, staff was directed to draft an
ordinance incorporating Council comments and establishing closing times for either
dusk or 10:00 P.M.
Motion by Baird, seconded by Locke,to pass an ordinance setting closing hours
— for all City parks.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
May 31, 1995 Page 4
Director of Parks and Recreation Merkel noted that all bike paths will be subject
to the same closing times as the City parks they traverse. These paths will be
patrolled by the Conservation District for security and safety reasons.
Director of Public Works Batt informed Council at this time that the recently
hired part-time park ranger will also become an informational and public relations
person.
TRAFFIC STUDY AT MEADOW AND WILLOW
Director of Public Works Batt reported that, at Council's direction, a traffic
count was performed at the intersection of Meadow and Willow to determine if
warrants could be met to install a four-way stop sign at this intersection. The results
distributed for Council review indicate the warrants were not met. A lengthy
discussion followed. Mayor Cuda opened the floor to citizen input.
Lakeland Park residents Peggy Griffin, Ann Fink, and Chris Angsten presented
2 1/2 pages of signatures requesting stop signs be installed at this intersection. They
stated their strong support for the installation of a four-way stop sign at this
intersection, citing the large volume of traffic and speeders.
Staff was directed to research this issue further, presenting their results at the
next City Council meeting. City Traffic Attorney Charles Reilly was to be invited to
the June 7, 1995 regular Council meeting to provide additional input. City Clerk
Althoff was directed to include Mr. Reilly's memo regarding this case in the Friday
packets for Council review.
SALE AND LEASE BACK AGREEMENT OF CITY PROPERTY TO McHENRY SAVINGS
BANK
City Administrator Peterson drew Council's attention to the sale and lease back
agreement between McHenry Savings and Loan and the City of McHenry for the sale
of a portion of the Green Street parking lot and the lease back of the property to the
City to continue its operation as a parking lot. As this agreement had been thoroughly
reviewed at a previous date, it was staff's recommendation to authorize the Mayor
and City Clerk to sign the sale and lease back agreement.
Motion by Baird, seconded by Bolger, to authorize the Mayor and City Clerk to
sign the sale and lease back agreement between McHenry Savings and Loan and the
City of McHenry for a portion of the Green Street parking lot adjacent to the bank
property.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda presented the balance of his annual appointments, including
Council Committees and all other standing committees of the City. He noted the
replacement of Scott Siman with Greg Lundberg on the Plan Commission. Cuda
requested Council approval of these appointments.
May 31, 1995 Page 5
Motion by Locke, seconded by Lawson, to approve the Standing Council
Committee appointments as follows:
Public Works: William Bolger - Chairperson
William Baird
David Lawson
Parks and Recreation: Gregory Bates - Chairperson
David Lawson
William Bolger
Building, Zoning, Planning & Development:
William Baird - Chairperson
Gregory Bates
William Bolger
Finance and Personnel: David Lawson - Chairperson
Greg Bates
William Baird
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bates, seconded by Locke, to approve the appointment of Greg
Lundberg to the Plan Commission to replace Scott Siman.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Lawson, seconded by Baird, to approve the Mayoral to all other
standing committees as follows:
PLAN COMMISSION (2 year terms)
Vicki Sheppard, Chrmn. 4-30-97
Steven Murgatroyd 4-30-97
Greg Lundberg (to fill Scott Siman's Position) 4-30-97
ZONING BOARD OF APPEALS (5 year terms)
Randy Christensen 4-30-00
Frank McClatchey 4-30-00
ENVIRONMENTAL ADVISORY COMMISSION (requires 8 members, 2 yr. terms for
Aldermen, otherwise 1 year terms)
Elizabeth Nolan 4-30-96
Michael Teta 4-30-96
Alice Howenstine 4-30-96
(NEED TO APPOINT 4 ALDERMEN)
May 31 , 1995 Page 6
LANDMARK COMMISSION (2 year terms, requires 12 members)
Donnabelle Glosson 4-30-97
Marya Dixon 4-30-97
Barbara Byron 4-30-97
Adele Froehlich 4-30-97
Carol Jean Smith 4-30-97
Loretta Wilhelm 4-30-97
Thomas Bolger 4-30-97
Nancy Fike 4-30-97
POLICE COMMISSION (3 year terms)
Darlene Lawler-Schlies, Secy. 4-30-98
POLICE PENSION (2 year terms)
Wayne Amore, Pres. 4-30-97
Alderman Locke made a request to vote on each appointment individually.
Some discussion followed.
Alderman Baird withdrew his second on the motion. Alderman Bates seconded
the motion.
Mayor Cuda called the vote.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: Locke.
Absent: None.
Motion carried.
Mayor Cuda then reported he had met with the Pacini's who presented for
staff's review financial information and discussed the developmental donation projects
for the property on the northwest corner of Route 31 and Bull Valley Road. City
Administrator Peterson noted he had met with the Pacini planner, Gregg Gabel, to
research funding sources for some of these projects. The Pacinis are requesting a
workshop meeting with Council before pursuing their development through the PUD
process. Council suggested July's workshop meeting.
Mayor Cuda also reported he had met with Deborah Washington, representative
of the Northeastern Illinois Planning Commission, who was in the area visiting.
There were no Committee Reports.
STAFF REPORTS
Director of Public Works Batt reported that developer Chris Newkirk has
completed all but a small portion of his public improvements in the Green Valley
subdivision. Council had extended, to May 31, 1995, the time for Mr. Newkirk to
complete the improvements. Director Batt asked Council for direction on how to
proceed. A lengthy discussion followed with Batt suggesting Council set a specific
date for completion.
Motion by Baird, seconded by Lawson, to extend to July 15, 1995 the time
allowed developer Chris Newkirk to complete the public improvements in the Green
Valley subdivision.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
May 31, 1995 Page 7
Director Batt also gave a brief update on the City's sidewalk program, and noted
that the department was a bit behind schedule for brush pickup. The revised schedule
was published in the Northwest Herald and the Star Newspaper.
Alderman Lawson questioned the time frame for the Willow and Prairie
resurfacing. In response to Alderman Lawson's query, Director Batt noted that City
Engineers Baxter & Woodman were still designing the bid specifications for this
project. A definitive date would be forthcoming.
Director of Parks and Recreation Merkel reported that the City pool is scheduled
to open this weekend. The high diving board has been removed and a lower one-
meter board was installed in its place. The existing diving board was used because
it matched the existing stand. Merkel noted that Parks Summer program registration
went very well. Classes will begin June 5, 1995. The tennis court resurfacing is
almost complete, and he commended the contractors for a job well done.
Alderman Baird requested Chief Joyce to investigate reports he had received
regarding speeding on Broadway Avenue in McHenry Shores.
City Administrator Peterson distributed a memo addressing the 1994 property
tax levy. He apologized for the memo's tardiness, however the County was tardy in
its distribution. Peterson informed Council that the County Clerk's office reduced the
City's tax levy from $1,873,000 to $1,786,000 due to the property tax cap. City
Administrator Peterson suggested rather than accepting the levy reductions across all
funds as practiced by the County Clerk, the following tax levy adjustments be made.
1994 TAX LEVY
COUNCIL COUNTY ADMINISTRATOR
APPROVED ADJUSTED RECOMMENDED
General $750,000 692,000 664,000
Band 10,000 9,000 10,000
Civil Defense 5,000 5,000 5,000
Audit 10,000 10,000 10,000
Insurance 230,000 224,000 230,000
Retirement 430,000 419,000 430,000
Police Pension 190,000 185,000 190,000
Police Protection 200,000 195,000 200,000
Public Benefit 48,000 47,000 48,000
1 ,873,000 1 ,787,000 1 ,787,000
City Administrator Peterson noted that the County Clerk's levy reductions will
take effect unless the Council takes action to the contrary this evening.
Motion by Bolger, seconded by Lawson,to authorize City Administrator Peterson
to notify the County Clerk that the following amendments to the 1994 property tax
levy be made:
1994
AMENDED TAX LEVY
General 664,000
Band 10,000
Civil Defense 5,000
Audit 10,000
Insurance 230,000
Retirement 430,000
Police Pension 190,000
Police Protection 200,000
Public Benefit 48,000
1 ,787,000
May 31 , 1995 Page 8
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Peterson also noted that Council had requested copies of the
pre-annexation agreements for North Route 31 properties be provided. He requested
Council direction on how to proceed regarding this issue. Discussion followed —
regarding zoning and attorney fees. Council directed staff to provide a list of property
owners, their current zoning and uses.
City Clerk Althoff requested Council permission to extend an invitation to Werner
Ellman, of Habitat for Humanity, to give a presentation on June 21, 1995. The
Council agreed.
NEW BUSINESS
Discussion followed regarding developer Roger Gerstad's request on farming of
their property which is currently open space in the Oaks of McHenry development.
Council agreed to grant Mr. Gerstad permission to farm the property this year. Some
discussion followed regarding the status of the preliminary and final plats of Phase II
and III of the Oaks of McHenry. Mayor Cuda requested staff provide copies of the
original annexation agreement on this property and copies of any plats. A copy of the
same should be placed in the Aldermen's Conference Room.
Alderman Baird noted the Public Works open house on Saturday, May 27, 1995
was very well organized. He also asked that the grass be removed from the sand area
of Malibu Park.
Motion by Bates, seconded by Lawson, to adjourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 10:30 P.M.
CITY CLERK MAYOR