HomeMy WebLinkAboutMinutes - 11/29/1995 - City Council REGULAR MEETING
NOVEMBER 29, 1995
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda on Wednesday, November 29, 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, Director of Public Works Batt, Chief of Police
Joyce, Director of Building and Zoning Lobaito, Director of Parks and Recreation
Merkel, City Attorney McArdle.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Alderman Locke requested items no. 2 and 3 - Payment to Prolawn in the
amount of $4,968.00 for public improvement work at Oaks of McHenry and Payment
to Gerstad Builders in the amount of $4,500.00 for public improvement work at Oaks
of McHenry, respectively, be withdrawn from the Consent Agenda and discussed in
conjunction with the Request for release of proceeds of the Oaks of McHenry called
letter of credit - Signa Corporation agenda item. Council concurred.
Motion by Bates, seconded by Locke, to approve the Consent Agenda as
follows, with the removal of items no. 2 and 3 - Payment to Prolawn in the amount
of $4,968.00 for public improvement work at Oaks of McHenry and Payment to
Gerstad Builders in the amount of $4,500.00 for public improvement work at Oaks of
McHenry.
(1) November 15, 1995 Regular City Council meeting minutes;
(4) Request from McHenry Area Chamber of Commerce to hold Country
Meadows Craft Show at Petersen Park on 9/15/96, and waiving of
deposit and associated fees,
_.._ (5) Tuition Reimbursement Request - Rhonda Rushing, CIS 116-PC Dos &
Hardware, 1/16/96-3/5/96, $105.00;
(6) Tuition Reimbursement Request - Dan Marcinko, CIS 131-Intro. to
Windows Spreadsheet Applications, 1/18/96-3/7/96, $105.00; and CIS
110-Computer Literacy, 10/95-12/15/95, $105.00;
(7) 1996 City Council Meeting Schedule Resolution;
(8) Review list of checks issued as-needed.
AS-NEEDED CHECKS/NOVEMBER 1995
CHECK# VENDOR NAME AMOUNT
81721 CLERK OF THE CIRCUIT $ 110 . 00
81722 HEALTH PLAN MANAGEMENT $ 1528 . 24
81723 ICMA RETIREMENT TRUST-457 $ 4306 . 91
81724 ILLINOIS DEPT OF REVENUE $ 4312 . 09
81725 PAYROLL ACCOUNT $ 108806 . 07
81726 POLICE PENSION FUND $ 4755 . 03
81727 MCHENRY STATE BANK $ 19986 . 68
81728 MCHENRY STATE BANK $ 24390 . 64
81729 MCHENRY COUNTY COLLECTOR $ 75 . 60
81730 MCHENRY COUNTY RECORDER $ 40 . 00
81731 ILLINOIS MUNICIPAL $ 26584 .49
81732 NCPERS GROUP LIFE INS $ 153 . 00
81738 MARRIOTT PAVILION HOTEL $ 178 . 00
81740 OMNI SUPERSTORE $ 11 . 76
81741 INSURANCE CLAIMS ACCOUNT $ 8491 . 56
81742 FORT DEARBORN LIFE $ 268 . 66
81743 PAYROLL ACCOUNT $ 3616 . 50
81744 MCHENRY STATE BANK $ 437 . 67
81745 ILLINOIS DEPT OF REVENUE $ 118 . 03
81746 MCHENRY STATE BANK $ 691 . 22
81749 RETAINED PERSONNEL ESCROW $ 250 . 00
81750 DEVELOPER DONATIONS $ 1485 . 59
81751 MCHENRY SAVINGS BANK $ 250 . 00
81752 CLR DEVELOPMENT $ 250 . 00
November 29, 1995 Page 2
As-Needed Checks (cont'd)
81753 WAL-MART STORES INC $ 1690 .49
81754 VERNON & ANTONIE EHREDT $ 1000 . 00
81755 DEVELOPER DONATIONS $ 12274 . 00
81756 WATER/SEWER FUND $ 2240 . 00
81757 CAPITAL DEVELOPMENT $ 7808 . 00
81758 ATECO AUTOMOTIVES $ 925 . 00
81877 SECRETARY OF STATE $ 10 . 00
81878 HEALTH PLAN MANAGEMENT $ 7325 . 50
81879 INSURANCE CLAIMS ACCOUNT $ 15006 . 68
81888 SAB BURRAFATO $ 165 . 85
81889 JOSEPH DOHERTY $ 17 . 24
81890 JAMES A KEEVIL $ 16 . 00
81891 AL KURZ $ 40 . 00
81892 GARY MERTZ $ 40 . 00
81893 CHRISTINE NEWMAN $ 44 . 98
81894 POSTAGE BY PHONE SYSTEM $ 660 . 00
81895 SECRETARY OF STATE $ 48 . 00
81896 UNITED PARCEL SERVICE $ 22 .48
81897 WEARGUARD $ 141 . 32
81898 WM G BUHRMAN $ 46 . 34
81899 RAMADA INN $ 49 . 16
81900 DAN SCHNEIDER $ 135 . 00
81901 THOMAS WALSH $ 15 . 96
Report Totals 260819 . 74
12167 GENERAL FUND $ 21293 . 93
12171 EMPLOYEE INSURANCE $ 4145 . 00
12172 GENERAL FUND $ 15000 . 00
12217 ROB DICKMAN $ 85 . 00
12218 MANUSOS GENERAL $ 14345 . 00
12219 POSTAGE BY PHONE SYSTEM $ 200 . 00
12220 JON SCHMITT $ 76 .40
12221 UNITED PARCEL SERVICE $ 33 .40 --r
12222 DOUGLAS SUTHERLIN $ 12 . 66
Report Totals 55191 . 39
5870 GENERAL FUND $ 7890 . 95
5872 EMPLOYEE INSURANCE $ 910 . 00
5896 PATTIE LUNKENHEIMER $ 10 . 54
5897 LORENE MARCINEK $ 111 . 00
5898 POSTAGE BY PHONE SYSTEM $ 140 . 00
5899 KATHLEEN QUICK $ 16 . 00
5900 SHADY LANE $ 121 . 88
5901 DAILE COYLE $ 12 . 00
5902 CAROL FREUND $ 25 . 00
5903 ELIZABETH PADILLA $ 38 . 00
5904 SHELLY TROST $ 49 . 82
Report Totals 9325 . 19
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR NO PARKING ZONE - PHILIP AUFMAN, 102 HUNTINGTON DRIVE
As Mr. Aufman had not be informed his request for a no parking area adjacent --,
to his driveway was scheduled as an agenda item for this evening's meeting, Council
agreed to postpone discussion of this item to a later date.
PROPOSED RIVERSIDE DRIVE ADDITIONAL PARKING SPACES
Stanley Lindholm, (d/b/a Whale's Wash located at 1404 Riverside Drive),
addressed Council stating the need for additional parking on the east side of Riverside
Drive, south of Broad Street. City Administrator Peterson noted the Public Works
Committee had considered this issue, and directed City Engineer Dan Marcinko to
create a diagram depicting the current and the proposed parking conditions on
Riverside Drive. City Administrator Peterson explained that there would bean increase
of eight parking spaces if parking were angled in front of 1410 N. Riverside Drive and
r
November 29, 1995 Page 3
additional spaces were created in front of Weber Park. A lengthy discussion ensued
regarding pedestrian safety and vehicular visibility.
Motion by Bates, seconded by Lawson, to approve the creation of three angled
parking spaces in front of the building at 1410 N. Riverside Drive where two parallel
parking spaces currently exist.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REZONING REQUEST - ROUTE 31 NORTH OF KNOX DRIVE, FROM RS-3 MEDIUM
DENSITY SINGLE FAMILY TO 0-2 OFFICE PARK, DIPAK PATEL, PETITIONER
City Administrator Peterson reported that Dipak Patel, contract purchaser, is
seeking a rezoning from the RS-3 Medium Density Single Family zoning district to 0-2
Office Park district for the property located on the east side of Route 31,
approximately 400 feet north of the intersection of Route 31 and Knox Drive. The
property is approximately 1 .47 acres. City Administrator Peterson noted that the
City's Comprehensive Plan designates this property as Office, and the Zoning Board
of Appeals at their November 13, 1995 meeting voted 5-0 to approve the requested
zoning change from RS-3 Medium Density Residential to 0-2 Office. The Zoning
Board of Appeals did note their concerns regarding the close proximity of the proposed
motel to the City's Knox Park. The Zoning Board of Appeals requested Council
consider requiring no direct access from this property to the park and appropriate
screening.
Mr. Patel addressed Council stating his plan to construct a 50-room motel with
no banquet facility, lounge or restaurant. Mr. Patel stated the motel would service a
different type of market than the existing hotel in town. A dialogue ensued regarding
the proposed motel's building materials, aesthetics and the Zoning Board of Appeals'
concerns. Council recommended a board on board type of fencing be required for
screening and restricting direct access to the City's Knox Park.
Motion by Baird, seconded by Lawson, to approve the Zoning Board of Appeals'
5-0 recommendation and pass an ordinance reclassifying from RS-3 Medium Density
Single Family Residential to 0-2 Office Park for the McHenry State Bank Trust No.
1313 property located on the east side of Route 31 approximately 400-feet north of
the intersection of Route 31 and Knox Drive, subject to staff approval of board-on-
board fence screening on the property's east and south boundaries, allowing no direct
access to the City's Knox Park property.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Parks and Recreation Merkel stated his concerns with potential
drainage problems from this property onto the City's Knox Park property. Mr. Patel
and his attorney Sam Diamond reported that the Army Corps of Engineers had stated
there were no jurisdictional wetlands on this property, however, they were aware of
drainage issues and would work with the City of McHenry to correct any problems
that would directly impact Knox Park.
November 29, 1995 Page 4
SIGN VARIATION REQUEST FOR 4507 W. ELM STREET, JOHN EDWARDS
John Edwards, property owner of 4507 W. Elm Street, and Penny Hughes,
owner of Hughes Sign, Inc. requested a variation to Table 18 of the City of McHenry
Sign Ordinance. Mr. Edwards explained that he is opening a new business in a
separate building located on the same lot as his existing business, causing the need
for additional signage. He would like to add 50 square feet to the existing sign for a
total of 145 square feet. A lengthy dialogue between Mr. Edwards and Council
ensued regarding the existing congestion on Route 120 in this general area and
vehicular visibility. Council recommended sharing the existing marquee and adding a
smaller identifying sign for the proposed health food business. Mr. Edwards expressed
the need for additional time to reconsider his request and Council's recommendation.
Council recommended Mr. Edwards work with staff toward a solution to his problem.
REQUEST FOR RELEASE OF PROCEEDS OF THE OAKS OF McHENRY CALLED LETTER
OF CREDIT - SIGNA CORPORATION
Mayor Cuda stated the City of McHenry had received a letter from Signa
Corporation Vice President William Henry requesting the City release cash proceeds
from the remaining called letter of credit for the Oaks of McHenry Phase I
development. The request provided for maintaining a cash balance of $16,819.75 to
ensure completion of parkways on nine lots (Lots 14, 15, 16, 23, 24, 27, 28, 32 and
49) and to protect public improvements during construction on eight lots (Lots 1, 14,
15, 23, 27, 28, 32, and 49). A letter of credit has been received from Gerstad
Builders in the amount of $1 1 ,050.00 to ensure completion of the detention basin
located on the east side of this development. All other public improvements have
been completed. Some discussion followed regarding the accuracy of the $16,819.75
cash balance retainage.
Motion by Locke, seconded by Bates, to retain a cash balance in the amount
of $31 ,694.65 to ensure the completion of the parkways on nine lots and to protect
public improvements during construction on eight lots, releasing the balance of
$100,000.00 to Signa Corporation.
The discussion continued. Alderman Bates withdrew his second.
The motion died for lack of a second.
Motion by Locke, to retain a cash balance from Signa Corporation in the amount
of $41 ,162.65 to assure the completion of parkways on nine lots, to protect public
improvements during construction on eight lots, and to make payments to Prolawn
and Gerstad Builders for public improvement work at the Oaks of McHenry in the
amount of $4,968.00 and $4,500.00 respectively, and to release the balance.
Motion died for lack of a second.
Motion by Lawson, seconded by Bolger, to authorize payments from the cash
proceeds of the called letter of credit to Prolawn in the amount of $4,968.00 and to
Gerstad Builders in the amount of $4,500.00 for public improvement work at the Oaks
of McHenry.
Voting Aye: Bolger, Bates, Lawson, Baird. ---�
Voting Nay: None.
Absent: None.
Abstaining: Locke.
Motion carried.
November 29, 1995 Page 5
Motion by Lawson, seconded by Bolger, to authorize the release of the
remaining cash proceeds from a called letter of credit for the public improvements for
the Oaks of McHenry Phase I, subject to the retention of $16,819.75 to assure the
completion of parkways on nine lots (14, 15, 16, 23, 23, 27, 28, 32, and 49) and to
protect public improvements during construction on eight lots (1 , 14, 15, 23, 27, 28,
32, and 49).
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CDL DRUG AND ALCOHOL TESTING REQUIREMENTS, PROPOSED POLICY
City Administrator Peterson explained that on July 5, 1994 Congress adopted
a rule regarding testing for the presence of alcohol and/or a controlled substance for
drivers of commercial motor vehicles. The McHenry County Municipal Risk
Management Agency (MCMRMA), of which the City is a member, has reviewed this
federal mandate with its attorneys and have had several training sessions and
discussions about this program. The McHenry County Municipal Risk Management
Agency has contracted with Centegra to perform the required testing of City and
Agency employees as required under this federal law. Costs for performing these
tests and maintaining the program will be payable through MCMRMA or by the
individual community depending upon the specific tests to be performed. In addition
to the testing, staff intends to establish driver qualification files, as required under the
law, prior to the implementation date of January 1 , 1996. Some discussion followed.
Motion by Lawson, seconded by Locke, to approve the McHenry County
Municipal Risk Management Agency policy as presented, for drug and alcohol testing
and to incorporate into the City of McHenry's personnel manual.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT, AMENDMENT #1 FOR WELL #10 IN AN
AMOUNT NOT TO EXCEED $2,900.00
At the request of the Director of Public Works, City Engineers Baxter &
Woodman revised their engineering services agreement with the City of McHenry for
Well #10. The proposed Engineering Services Agreement Amendment #1 redefines
the scope and establishes the base of compensation not to exceed $2,900.00 for this
project.
Motion by Baird, seconded by Bolger, to approve the Baxter & Woodman
Engineering Services Agreement Amendment # 1 for the City of McHenry's water
supply well #10 in an amount not to exceed $2,900.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE VACATING ONE FOOT OF THE STORM AND SANITARY SEWER
EASEMENT - LOT 92 GREEN VALLEY SUBDIVISION
City Administrator Peterson reminded Council that at its regularly scheduled
November 1 , 1995 meeting, staff was directed to draft an ordinance vacating one foot
of the storm and sanitary sewer easement located on Lot 92 in the Green Valley
subdivision. The ordinance was presented for Council review.
November 29, 1995 Page 6
Motion by Baird, seconded by Lawson, to pass an ordinance vacating one-foot
of storm and sanitary sewer easement in Lot 92 of Green Valley, Unit #3 subdivision.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENTS AND REPORTS
Mayor Cuda informed Council Jim Marinangel of McHenry Savings & Loan was
requesting additional parking spaces in the City's Green Street municipal lot be
designated as McHenry Savings & Loan employee parking. The City recently sold this
property to McHenry Savings & Loan and is currently leasing the space to continue
providing municipal parking. Mr. Marinangel would like the parking row closest to his
bank building to be allotted for his employees' use. Mayor Cuda noted the municipal
lot is being heavily utilized, particularly since the City's enforcement of restricted
parking around the high school. Some discussion occurred.
Motion by Bolger, seconded by Bates, to approve the request of McHenry
Savings & Loan for one additional parking row in close proximity to the bank building
in the City's Green Street municipal parking lot to be designated McHenry Savings &
Loan employee parking only.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
It was noted at this time that all requests of this nature be made regular agenda
items with full supplement information for Council's review.
COMMITTEE REPORTS
Alderman Bates, Chairman of the Parks and Recreation Committee, scheduled
a Parks and Recreation Committee meeting for December 7, 1995 at 7:00 P.M.
STAFF REPORTS
Director of Parks and Recreation Merkel reminded Council of the tree lighting
ceremony to be held in conjunction with the McHenry Area Chamber of Commerce on
Sunday, December 3, 1995 at 4:00 P.M. at Whispering Oaks Park. He also drew
Council's attention to the Northeastern Illinois Planning Commission's newsletter
which featured the McCullom Lake milfoil saga.
City Clerk Althoff reported that the McHenry County Municipal Association
Christmas dinner had been rescheduled for Wednesday, December 20th as opposed
to Wednesday, December 13, 1995. In order to accommodate Council attendance at
this Christmas party, the regularly scheduled December 20, 1995 Council meeting
must be changed. Some discussion occurred regarding an appropriate rescheduling
date.
Motion by Bates, seconded by Lawson, to reschedule the regularly scheduled
Wednesday, December 20, 1995 Council meeting to Wednesday, December 27,
1995, making the appropriate notifications.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
November 29, 1995 Page 7
NEW BUSINESS
Alderman Locke requested information regarding the locking of the Fox Ridge
park gate and questioned the time frame for installing the ice skating liner. He also
recommended Council consider installation of street lights for Crystal Lake Road south
from Glenbrook Trail to Bull Valley Road.
EXECUTIVE SESSION
Motion by Baird, seconded by Lawson, to go into Executive Session to discuss
Property Acquisition and Personnel Matters at 9:00 P.M..
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Lawson, to go back into Open Session at
10:23 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
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 10:24 P.M.
CITY CiERK MAYOR
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