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HomeMy WebLinkAboutMinutes - 01/04/1995 - City Council REGULAR MEETING JANUARY 4, 1995 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7 :30 P.M. on Wednesday, January 4, 1995 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present : Bolger, Locke, Bates, Baird. Alderman Lawson arrived at 7 : 35 P.M. Absent : None . City Staff in attendance were City Administrator Peterson, City Clerk Althoff, City Attorney McArdle, Director of Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel, Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION Andy Glabb of 5001 W. Oakwood summarized a problem he recently experienced with TCI Cablevision digging in the easement adjacent to his rear yard. He asked Council to consider an ordinance requiring advance notification to all residents when working/digging in the easement adjacent to their property. (2) Mike Fleming, owner of Grand Prix Car Wash, 4002 W. Main Street, presented a petition signed by all the Borden Street property owners objecting to Borden Street ever becoming a one-way thoroughfare . CONSENT AGENDA Motion by Lawson, seconded by Locke, to approve the Consent Agenda as follows : (1) December 12, 1994 Regular City Council Meeting Minutes; (2) Authorize Advertising to fill vacancy at Wastewater Treatment Plant; Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. -- REQUEST TO CONSIDER AS A GRANDFATHER USE - OPEN AIR SALES, WILBERT HECHT, 4305 W. ELM STREET Mr. Hecht requested that the outdoor sale of bedding plants, flowers, shrubs, trees, etc. be allowed to be sold nine months of the year on his property located at 4305 W. Elm Street, as opposed to the permitted 90-day temporary use . Mr. Hecht stated that the outdoor sale of plants had been conducted on the 4305 W. Elm Street property from approximately 1980 through 1988, and should therefore be grandfathered. Director of Building and Zoning Lobaito explained that the outdoor sale of plants is specifically allowed as a temporary use for 90 days in the Zoning Ordinance . Director Lobaito also informed Council that the Zoning Ordinance states all operations of a business must be conducted wholly within an enclosed building or buildings . Therefore, if Mr. Hecht desires to sell bedding plants, flowers, shrubs, etc. he should be required to construct a building to keep this merchandise indoors . Some discussion followed. Alderman Locke suggested Mr. Hecht be allowed to sell outdoor bedding plants, flowers, shrubs, trees, and bushes for six months out of the year on the property at 4305 W. Elm Street, requesting Council permission for this six months every year. Further discussion followed. January 4, 1995 Page 2 Motion by Lawson, seconded by Baird, to deny Mr. Hecht' s request to sell outdoor bedding plants, flowers, shrubs, trees, and bushes for nine months out of the year on his property located at 4305 W. Elm Street, and refer this matter to the Zoning Board of Appeals for a recommendation regarding a use variance. Voting Aye : Bolger, Bates, Lawson, Baird. Voting Nay: Locke. Absent : None. Motion carried. REQUEST FOR REZONING FROM RS-3 TO 0-2, SOUTH ROUTE 31, DONALD GERSTAD The petitioner, Don Gerstad, and his attorney John Roth were in attendance. Attorney Roth explained that his client was seeking rezoning of approximately 4 . 09 acres located on the east side of State Route 31 from its current RS-3 Medium Density Single Family Residential to 0-2 Office Park, as well as a variance to allow the construction of two buildings on this site. Mr. Gerstad explained that the topography of the site allows two buildings to work better than a single large structure . A joint access may not be possible, but will be investigated as per the City' s request . Discussion followed regarding the City' s potential need for additional right- of-way on State Route 31 abutting Mr. Gerstad' s property. Mr. Gerstad stated his intent to cooperate with the City in complying with this request . City Administrator Peterson also noted that this property is designated as Office in the City' s Comprehensive Plan. The Zoning Board of Appeals approved reclassification of this property from RS-3 to 0-2 and granted the variance to allow the construction of two buildings on this site on a 5-0 vote at their December 5, 1994 meeting. Motion by Bolger, seconded by Locke, to accept the ZBA' s recommendation and pass an ordinance reclassifying the approximately 4 . 09 acres located on the east side of State Route 31 owned by Donald Gerstad from RS-3 to 0-2, grant a variance allowing the construction of two buildings on this site, and to authorize staff to work with Mr. Gerstad to create an agreement regarding the additional right-of-way required by the City. Voting Aye : Bolger, Locke, Bates, 4wson, Baird. Voting Nay: None . Absent : None . Motion carried. ENGINEERING SERVICES - WATER MAIN REPLACEMENTS- MAPLE AVE. , GRAND AVE. , NORTH DRIVE, AND MILLSTREAM DRIVE City Administrator Peterson reminded Council of the numerous water main breaks in the Maple Avenue area. Poor soil conditions led to the corrosion of the water main. Staff was subsequently directed to seek engineering proposals for the replacement of existing water mains. City Engineers Baxter & Woodman have agreed to perform the engineering services necessary to prepare the bidding documents and plans necessary to complete the replacement . City Administrator Peterson also noted that the recently hired engineering inspector would process payments as well as provide on- site construction review. As insufficient funds were budgeted this year for a project of this magnitude, City Administrator Peterson recommended unspent funds be carried over from the 1994-95 Budget and additional funds be budgeted for 1995-96 to complete the project . Estimated costs are approximately $240, 000 . January 4, 1995 Page 3 Motion by Bolger, seconded by Bates, to award an engineering services contract to City Engineers Baxter & Woodman to perform the engineering services necessary to prepare to prepare the bidding documents and the plans and specifications necessary to complete the replacement of water mains in the Maple Avenue area, in an amount not to exceed $12, 000 . 00, and to budget sufficient funds to pay for these improvements in the 1995-96 Budget . Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None . Motion carried. Alderman Baird requested that the Public Works Committee review this project, along with other water/sewer projects to determine priorities and designate where monies are available . ANNEXATION OF CITY OWNED PROPERTY - EDNA MAE JOHNSON AND MASS FARM PROPERTIES City Administrator Peterson explained that the City has completed its purchase of the Edna Mae Johnson and Mass Farm properties . As both properties are currently outside the City' s limits, they should be annexed and zoned under the E-1 Residential Zoning in compliance with the Comprehensive Plan. Staff is seeking authorization to begin the process to annex and zone both properties . Motion by Lawson, seconded by Baird, to authorize staff and the City Attorney to begin the process to annex and zone the Edna Mae Johnson property, and portions of the Mass Farm property recently purchased. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. Discussion followed as to the zoning classification of this property. Mayor Cuda questioned whether the property should be zoned now for the expansion of the water treatment plant in order to notify potential homeowners adjacent to the water treatment plant . Some discussion followed. Council directed. staff to proceed with the annexation and E-1 zoning, posting signs on the Edna Mae Johnson property, stating the City' s intent to utilize the property for the expansion of the treatment plant . A suggestion was also made to begin planting inexpensive small trees and shrubbery, creating a mature natural berm before the planned expansion takes place. ADDITIONS AND REVISIONS TO PERSONNEL POLICY City Administrator Peterson explained that additions and revisions to the City' s existing personnel policy are required to come into compliance with numerous Federal and State laws . He also noted that many grants require these policies be in place as a criteria for consideration. City Administrator Peterson has been working with the City' s labor attorney to develop these policies consistent with State and Federal law. Motion by Bates, seconded by Lawson, to approve the new and amended personnel policies, as well as to retain the first paragraph of the "Unpaid Emergency Leave of Absence" language as a sub-heading under "Family and Medical Leave Act Policy" . Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. January 4, 1995 Page 4 ADOPTION OF THE BUDGET OFFICER SYSTEM City Administrator Peterson explained that each year the City of McHenry passes an annual budget, as well as an annual appropriation ordinance which sets the upper limits of expenditures on a line-item basis . In the opinion of the City Administrator, the Appropriation Ordinance is an antiquated process intended to protect the public by limiting expenditures, and it is his recommendation that the Budget Officer System be adopted, as it more closely reflects what is anticipated to happen in the coming fiscal year. The Budget Officer System allows for budget preparation by the Budget Officer who is appointed by the Mayor and confirmed by the Council, and must contain estimates of revenue to be available to the City during the fiscal year, as well as recommended expenditures for each department of the City. The budget must also show actual or estimated receipts and expenditures for the proceeding two fiscal years . Alderman Locke recommended this issue be sent to the Finance Committee for closer review and recommendation. Council concurred. INTERGOVERNMENTAL AGREEMENT WITH McHENRY COUNTY FOR RESIDENTIAL RECYCLING The City Council authorized, on April 6, 1994 , sending a letter to McHenry County expressing the City' s desire to be exempted from the County Residential Recycling Ordinance, as the City meets the goals established by the County for diversion, and wishes to maintain local control over the methods for residential recycling collection. In response the County has drafted an intergovernmental agreement, which formalizes this arrangement . City Administrator Peterson noted that the Council may wish to consider eliminating or modifying Paragraph 5 of this intergovernmental agreement which addresses indemnification. Some discussion followed. Motion by Locke, seconded by Bates, to authorize the Mayor to execute and the City Clerk to attest to the intergovernmental Agreement for Residential Recycling with McHenry County, with Paragraph 5 dealing with indemnification to be deleted. Voting Aye : Bolger, Locke, Bates, Lawson. Voting Nay: None . Absent : None . Abstaining: Baird. Motion carried. REPAIR WORK TO VEHICLE #660- SLUDGE HAULING TRAILER City Administrator Peterson explained that when vehicle #660, the sludge hauling trailer, was taken in for its annual safety inspection, it did not pass due to corrosion which rusted out the rear suspension. Director of Public Works Batt noted that the sludge hauler could not be replaced for the cost of repair. Motion by Bolger, seconded by Lawson, to approve the proposal of Wirfs Industries, Inc . in an amount not to exceed $7, 354 . 00 for repair of the rusted support framework on the rear suspension of vehicle #660, the sludge hauling trailer. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None . Motion carried. January 4, 1995 Page 5 IMPACT FEE DISTRIBUTIONS City Administrator Peterson presented the impact fee distributions for the Schools Districts, Library District and Fire Protectio Districts for the period of July 1, 1994 through December 31, 1994 . He asked for Council approval to distribute these funds to the appropriate entities . Motion by Locke, seconded by Baird, to approve the distribution of impact fees to School District 15 in the amount of $77, 782 . 90; School District 156 in the amount of $41, 883 . 10; the Library District in the amount of $11, 448 . 00; and the Fire Protection District in the amount of $11, 660 . 00 . Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None . Absent : None. Motion carried. Alderman Baird requested that a report be provided every six months reflecting the amount of impact fees paid to the schools, as the Hillside Annexation Agreement calls for impact fees to be paid to the schools at the time of occupancy permit issuance . MAYOR - STATEMENT AND REPORTS Mayor Cuda reported that he, City Administrator Peterson, and City Attorney McArdle met with Al Jourdan twice last week to facilitate the proposed roadway dedication to extend Ridgeview Drive north to Bull Valley Road on the Inland parcel . The County and State have earmarked funds for the construction of this roadway once the property owners have dedicated the right-of-way. He stated that a final resolution should be forthcoming in the very near future . COMMITTEE REPORTS Alderman Bates, Chairman of the Parks and Recreation Committee, submitted the agenda for the next meeting. He also asked to change the Committee meeting date from Monday, January 9, 1995 to Tuesday, January 10, 1995 at 7 :30 P.M. Committee members concurred. City Clerk Althoff asked for Council approval to plaque the McHenry Church of God located at 3813 John Street . The Landmark Commission submitted a unanimous recommendation for the plaquing. Motion by Bolger, seconded by Baird, to approve the Landmark Commission' s recommendation to plaque the McHenry Church of God built in 1891 at 3813 John Street . Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. STAFF REPORTS Director of Building and Zoning Lobaito informed Council that occupancy permits were being issued for the Northern Illinois Medical Center' s addition. January 4, 1995 Page 6 Director of Public Works Batt stated he had received a letter from Northwest Property Management Association stating that the bid solicitation on the Thornwood drainage ditch improvements had been completed. Bids ranged from a low bid of $52, 221 . 00 from Berger Excavating, to the highest bid of $134, 240 . 00 from Hughes Excavating. As Northwest Property Management Association would be awarding the contract, not the City of McHenry, further investigation into the price differential would be conducted. City Administrator Peterson stated that this project was originally estimated at $100, 000 with the cost being equally distributed 50/50 between the City of McHenry and the two condominium associations . It was also noted that the solution was a permanent one, and current weather conditions were conducive to the correction. Director of Public Works Batt also requested Council approval to advertise for bids on a warning system to be installed on the water tower located in the Tonyan Industrial Park, and servicing the southwest portion of town. Some discussion followed regarding the chosen site. Director of Public Works Batt stated that the Emergency Services and Disaster Agency was responsible for site selection. In response to an inquiry, City Administrator Peterson explained that monies were levied in the Property Tax Fund/ESDA $5, 000 per year until enough funds were accumulated for this purchase. The next sire warning system purchase will serve the northwest section of town. Motion by Baird, seconded by Lawson, to authorize staff to advertise for bids for a siren warning system to be located in Tonyan Industrial Park. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. Director of Parks and Recreation Merkel noted that registration for Winter programs began this week, and that 1995 picnic permits were being obtained in large numbers . Chief of Police Joyce reported that the figures on violent crime reported in the Northwest Herald were incorrect . NEW BUSINESS Alderman Baird scheduled a Building and Zoning Committee meeting for Tuesday, January 24, 1995 at 7 :30 P.M. Alderman Bolger asked for a progress report on the speed studies being conducted on South Green Street and Crystal Lake Road. He was informed that the studies are ongoing. Alderman Locke noted that the ice skating rink is scheduled for installation soon. Alderman Bates asked for and received approval to attend the Illinois Parks and Recreation conference. EXECUTIVE SESSION Motion by Locke, seconded by Lawson, to go into Executive Session at 9 :31 P.M. to discuss the sale of City property. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent : None. Motion carried. January 4, 1995 Page 7 Motion by Locke, seconded by Lawson, to go back into Open Session at 10 : 05 P.M. Voting Aye : Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None . Absent : None. Motion carried. Mayor Cuda update the Council on the status of the North Route 31 annexations. He explained that the Governor had not given his consent for the annexation of Illinois State property purchased for FAP 420 because of the Village of Johnsburg' s objections . Staff will attempt to obtain his consent and work with the Village of Johnsburg to resolve the issue. The annexations are scheduled for the January 11, 1995 Council meeting. 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 10 : 33 P.M. CITY QWRK /� MAYOR