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HomeMy WebLinkAboutMinutes - 05/05/1980 - City CouncilREGULAR MEETING Monday, May 5, 1980 8 P.M. The Regular Meeting of the City Council :,ias called to order by Mayor Stanek on Monday, May 5, 1980 at 8 P.M. At roll call the following aldermen were present: Pepping, Nolan, Harker, Adams, Datz, Schooley, Meurer. Absent: Wieser. Motion by Datz, seconded by Adams, to accept the minutes of the April 28, 1980 .Annual meeting as read. Voting Aye: Pepping, Nolan, Harker, Adams, Datz, Schooley, Muerer. Voting Nay: done. Absent: Wieser. Motion carried. Leone Wagner of 805 Southgate Apartments, Route 31, South, addressed the Council and commented on the lack of transportation available in the City of McHenry for Senior Citizens especially cab or PTA Dial -a -Ride service. She asked that it be made known that there are two taxi cab franchises available in the City. Mayor Stanek read the Zoning Board of Appeals recommendation regarding a petition by Hillcrest Apartment Complex in McHenry Lakes Estates subdivision. Motion by Pepping, seconded by Datz, to pass an ordinance granting the variations as requested by Petitioners First National Bank and Trust Company of Barrington as Trustees under Trust Agreement No. 11-1982'.. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Harker, seconded by Nolan, to defer the Zoning Board of Appeals recommendation regarding a petition by Leo Krabbenhoft requesting a variation until the next Regular Meeting of the City Council. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Mrs. J. Shanholtzer of 414 N. Kensington Drive, McHenry, addressed the Council regarding the Gyspy Moth spraying program. She submitted a list of MONDAY, MAY 5, 1980 Page 2 names to the Mayor who had volunteered to help in programs to eradicate the infestation of gypsy moths in the McHenry area. Mayor Stanek read the following Position Statement dated May 4, 1980, from the State of Illinois Department of Agriculture, Division of Agricultural Industrial Regulation, Bureau of Plant andApiary Protection, 1010 Jorie Boule- vard, Room 20, Oak Brook, Illinois, Addressed to: City of McHenry and Concerned Citizens. "On April 17, 1980, a position statement was issued to the McHenry County Defenders. Since that date, no data has been presented to this depart- ment to warrant a change in that position. However, the Illinois Department of Agriculture has become cognizant of the local espousal based on fear and the equivocation by the United States Environmental Protection Agency with regard to their registration of Sevin 4-Oil. We recognize that the health and well- being of some citizens can be adversely and psychosomatically affected by fear. Therefore, due to an apparent lack of commitment by the United States Environ- mental Protection Agency with regard to some of its patent responsibilities, the Illinois Department of Agriculture together with the United States Department of Agriculture are withdrawing from the proposed aerial treatment of the infested area of McHenry for this year. Instead, an experimental program to enervate the gypsy moth population will be implemented. The details of this program will be forthcoming. Citizen participation, as unofficially offered by members of the McHenry County Defenders, will be welcomed and may indeed be imperative. Sincerely, Illinois Department of Agriculture, Norman G. Seaborg, Plant & Pesti- cide Specialist Supervisor." Attorney Narusis reported to the Council on a Temporary Restraining Order hearing he attended Monday, May 5, 1980 at the federal Courthouse, U.S. District Court, Chicago, regarding the gypsy moth spraying proposal. A law suit was filed in District Court Friday afternoon entitled:"Robert B. Dunn and Claudia J. Dunn; Michael L. Shanahan and Donna Shanahan; and Michael Teta, Plaintiffs, v. Bob Bergland, in his capacity as Secretary of the United States Department of Agricu- lture; John Block, in his capacity as Director of the Illinois Department of Agriculture; Michael Mauzy, in his capacity as Director of the Illinois Environ- mental Protection Agency; Joseph B. Stanek, Mayor of the City of McHenry, Illin- ois; and Vincent Adams, Edward Datz, George L. Harker, Ronald Meurer, Elizabeth Nolan, Jack Pepping, Earnest Schooley, and Michael Wieser, Aldermen of the City of McHenry, Illinois; Clarke Outdoor Spraying Company, Inc., an Illinois corporation, Defendants.,, MONDAY, MAY 5, 1980 Page 3 In order to expedite the matter, the Court asked if the City Council would agree to enter into an Agreed Order for a Temporary Injunction so that testimony could begin immediately as to whether Sevin 4-Oil was a hazard . Attorney Narusis explained that a Temporary Injunction would prevent the chemical Sevin 4-Oil from being used in any pesticide application program in the City of McHenry until the case was decided. Motion by Harker, seconded by Nolan, to authorize City Attorney Narusis to inform the U. S. District Court that the City of McHenry agrees to enter into an Agreed Order for a Temporary Injunction Pendente Lite (pending litigation). Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Nolan, seconded by Datz, to authorize the installation of another driveway into the McHenry State Bank property on Crystal Lake Road when they con- struct their permanent building. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Harker, seconded by Meurer, to approve payment Estimate No.4 to Wexford Group, Ltd., developers of McHenry Lakes Estates, and submit the approval for payment to Elgin Federal Savings & Loan Association in the amount of $231,695.10 as recommended by Baxter & Woodman. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Schooley, seconded by Datz, to advertise for bids for improvement of the Green Street Parking Lot. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. MONDAY, MAY 5. 1980 Page 4 Mayor Stanek called for a recess at 9:23 P.M. The meeting reconvened at 9:37 P.M. will all aldermen except Wieser still in attendance. Motion by Schooley, seconded by Meurer, to authorize the Mayor to enter into a Joint Agreement with the Illinois Department of Transportation for Pre- liminary Engineering on Meadow Lane from Elm Street to Shore Drive on FAU Project M-5043(4). Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting 'Nay: None. Absent: Wieser. Motion carried. Motion by Pepping, seconded by Nolan, to pass a Resolution appropriating $21,345.00 from Motor Fuel Tax Funds as the city's share toward the Meadow Lane FAU improvement project for preliminary engineer (25%). Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Adams, seconded by Harker, to authorize the City Clerk to contact the Illinois Department d= Labor and ask that they conduct an investigation to ascertain the prevailing rate of wages for each type of workman and craftsman designated to work in the City of McHenry during the fiscal year as required by state statutes. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Datz, seconded by Meurer, to authorize and approve payment to Special Assessment Collector Thomas Bolger for the 1979-80 fiscal year in the amount of $8,26.68. Voting Aye: Pepping, Nolan, Harker, Datz, Adams, Schooley, Meurer. Voting Nay: None. Absent: Wieser. Motion carried. MONDAY, MAY 5, 1980 Page 5 Motion by Harker, seconded by Adams, to authorize and approve payment of the following bills as presented: GENERAL FUND #6935 Joseph B. Stanek 100.00 6936 Ace Hardware 766.89 6937 Adams Bros. Steel Division 79.95 6938 Alexander Lumber Co. 20.92 6939 Althoff Industries 12.20 6940 Blumenfeld Sport Net Co. 516.21 6941 Brake & Equipment Co. Inc. 102.77 6942 Buss Ford Sales 51.26 6943 Carey Appliance Inc. 41.50 6944 Commonwealth Edison Co. 4,227.18 6945 Community Auto Supply 163.25 6946 Diamond Chemical Co. Inc. 96.05 6947 Fox Lake Office Supply 208.12 6948 Arthur J. Gallagher & Co. 294.00 6949 Illinois Bell Telephone 833.62 6950 Industrial Towel & Uniform 42.12 6951 Jensen Swimming Pools 5,500.00 6952 Judy Koeller 115.00 6953 Lyle Signs Inc. 653.90 6954 Tony May Enterprises 29.45 6955 McHenry Auto Parts 410.41 6956 McHenry County Equipment Inc. 55.17 6957 McHenry County Municipal Assoc. 25.50 6958 McHenry Lumber Co. 332.03 6952 McHenry Gil Co. Inc. 1,483.99 6960 VOID ------ 6961 McHenry Paint Glass & Wallpaper 28.62 6962 McHenry Plaindealer 123.10 6963 McHenry Savings & Loan Association 11000.00 6964 Northern Ill Gas Co. 25.93 6965 VOID ------ 6966 P. F. Pettibone & Co. 12.82 6967 Prudential 6,303.55 6968 Quill Corp. 62.39 6969 Scan -Am 289.00 6970 Tones Inc. 21.00 6971 Vycital's Hardware 9.42 6972 West Side Tractor Sales 64.50 6973 Susan C. Wiese 131.45 6974 Xerox 143.88 6975 VOID ------ 6976 VOID ------ 6977 Randall Meyer 30.47 6978 Postmaster, McHenry, IL 155.00 6979 Harry J. Wennstrom 180.50 6980 Postmaster, McHenry Ill. 265.00 WATER/SEWER FUND #2675 Ace Hardware 381.41 2676 Alexander Chemicals 72.04 2677 American Blueprint & Supply 20.52 2678 Commonwealth Edison 6,299.17 2679 Illinois Bell Telephone 220.4-0 2680 Industrial Towel & Uniform 84.00 2681 Mitco, Inc. 690.44 2682 McHenry Auto Parts, Inc. 193.15 2683 McHenry Data Processing Service 600.00 2684 McHenry Oil Co. Inc. 273.18 2685 Walter Bolger 500.00 2686 City of McHenry Bond Reserve Fund 1,140.00 2687 Northern Ill. Gas 19117.06 2688 Oxford Chemicals Inc. 536.51 2689 Producers Chemical Co. 319.00 2690 Prudential 710.86 2691 Ted Smith 20.00 2692 Vycital's Hardware 35.84 2693 City of McHenry Depreciation Reserve Fund 50.00 2694. Environmental Research Training Center 40.00 Monday, May 5, 1980 Page 6 Voting Aye: Adams, Schooley, Meurer,Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Adams, seconded by Meurer, to authorize and approve purchase of a desk, chair and filing cabinet for the Police Department in the amount of $464.24 from P.O. Knuth Office Supply Co., as recommended by the Purchasing Committee Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Schooley, seconded by Meurer, to authorize and approve purchase of new tickets for the Police Department. Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Nolan, seconded by Adams, to make a $30.00 donation to the David Doering Scholarship Fund at Carthage College. (Doering was a West Chicago police officer shot in the line of duty.) Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser, Motion carried. Motion by Pepping, seconded by Nolan, to pass a resolution commending Florence Rothermel, a retiring elementary teacher, who has served area schools for over 19 years. Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Nolan, seconded by Meurer, to enter into Executive Session at 10:19 P.M. for the purpose of discussing personnel and land Monday, May 5, 1980 Page 7 acquisition. Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Motion by Meurer, seconded by Schooley, to go back into Open Session at 11:19 P.M. Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Mayor Stanek announced that a Special Meeting would be held Wednesday, May 7, 1980 at 7:45 P.M. to discuss a land appraisal, land acquisition and possible eminent domain proceedings. Motion by Adams, seconded by Schooley, to adjourn. Voting Aye: Adams, Schooley, Meurer, Pepping, Nolan, Harker, Datz. Voting Nay: None. Absent: Wieser. Motion carried. Meeting adjourned 11:21 P.M. City Clerk Mayor