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HomeMy WebLinkAboutMinutes - 08/02/1989 - City CouncilREGULAR MEETING WEDNESDAY, AUGUST 2, 1989 8:00 P.M. The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, August 2, 1989 at 8 10 P.M. at City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Absent: None. City staff in attendance were Director of Public Works Batt, Attorney Narusis, Asst. to Clerk Marth, Park Director Merkel, Finance and Personnel Administrator Vitas, Director of Development Greenwood. Absent: Clerk Gilpin, Chief Joyce. Also in the audience were ZBA Chairman Fouse and Plan Commission Chairman Sheppard and Members Buhrman, Swierk, Gutierrez. Under public statements and comments, Kevin Harrington of 505 Brookwood Trail, spoke in opposition to the Amoco Oil Company automobile service station being proposed for the southwest corner of the intersection of Bull Valley Road and Crystal Lake Road, stating that the residents of the area did not want any gas stations located there. Motion by Smith, seconded by Serritella, to approve the minutes of the Regular Meetings of July 12 and July 19, 1989 as presented. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta. Voting Nay: None. Ahcpnt- Nnnp. Motion carried. Attorney Tom Zanck and Clifford Rudd, Engineer, representing Amoco Oil Company, stepped forward to go over the Annexation Agreement and answer questions from the Council on the proposed annexation and zoning of the five acre parcel at Bull Valley Road and Crystal Lake Road. In going over the Annexation Agreement, discussion took place on the wording on page 8, #10, regarding extension of the water/sewer mains to either the western or southern boundaries of the property. It was decided to use the wording "and/or" with the determination of direction being decided by the City Engineers, and the possibility that one or both (water/sewer) of the mains could be extended in both directions. Alderman Patterson asked Attorney Narusis how many votes were required on the Annexation Agreement. Narusis stated that a two-thirds vote was needed on the Agreement with a simple majority needed on the annexation, amendment of Comprehensive Plan and zoning ordinances. Aldermen Teta, Lieder and Patterson expressed concerns over the possible leakage of in -ground gasoline tanks, ground water pollution, nearby residential wells being polluted should a leak occur and methods used to detect those leaks. They strongly felt it was not the right location for a gas station and would not best serve the community. Attorney Zanck and Mr. Rudd assured the Council that all State and Federal regulations would be met along with the installation of new leak detection meters and Batt stated that the City would not issue any building permit if all regulations were not complied with and all necessary State and/or Federal permits granted. Alderman Smith stated that he shared the concerns of Aldermen Patterson, Lieder and Teta, but said that he believed the location to be the most natural place for a gas station, taking all things into consideration and felt that this location would be the most unlikely place for a residence. He said he would put his faith in the promises made by Amoco and believed they would do all they promised. Aldermen McClatchey and Serritella expressed the belief that it would benefit the majority of McHenry citizens. Motion by McClatchey, seconded by Serritella, to pass an ordinance approving the Amoco Oil Company Annexation Agreement. Voting Aye: Bolger, Serritella, McClatchey, Smith, Busse. Voting Nay: Lieder, Teta, Patterson. Abstained: Donahue. Absent: None. Motion carried. .lednesday, August 2, 1989 Page 2 Patterson questioned the passage of the motion because of the abstention vote and Narusis explained that an abstention, according to the Illinois Supreme Court, is counted with the majority vote whether the majority is a negative vote or a positive vote. Motion by Smith, seconded by Serritella, to pass an ordinance annexing the territory. Voting Aye: Bolger, Voting Nay: Lieder, Abstained: Donahue. Absent: None. Motion carried. Serritella, McClatchey, Smith. Teta, Patterson. Motion by Serritella, seconded by McClatchey, to pass an ordinance amending the Comprehensive Plan and Map so as to bring the property annexed into conformance with the proposed zoning. Voting Aye: Bolger, Serritella, McClatchey, Smith. Voting Nay: Lieder, Teta, Patterson. Abstained: Donahue. Absent: None. Motion carried. Motinn by Cmith ccrnnelcA by Serritella, to pass an ordinance classifying the property annexed as "C-l" Convenience Commercial District and granting a conditional use for operation of an automobile service station with an accessory use of an automobile laundry. Voting Aye: Bolger, Serritella, McClatchey, Smith. Voting Nay: Lieder, Teta, Patterson. Abstained: Donahue. Absent: None. Motion carried. Mayor Busse called for a recess at 9:17 p.m. The meeting reconvened at 9:28 p.m, with everyone still in attendance. Carl Moon, of Baxter & Woodman, City Engineers, presented the newly drafted Master Plan of the City's water, wastewater and storm water systems. The report consisted of a review of the adequacy of the present facilities, recommendations for needed improvements and the development of a comprehensive plan for future expansion of the systems. Moon stated that the first level of priority for the water distribution system improvements are those mains which correct existing operational problems as well as improving fire flows at McHenry High School West and increasing the reliability of service to the hospital. He also recommended that the City begin construction of two new wells as soon as practicable, to meet the maximum day demands should a large unit go out of service. Moon said the existing sanitary sewer system, as a whole, has adequate capacity, but there are two areas of concern. First, the sewers on Oakwood Drive and Waters Edge Drive operate at or beyond their capacity during hinh flow nPrindc. SPrnnd, the City should begin a program of scheduled reYlecement --f a;tr.g sanitary sewers. The stormwater drainage system, Moon said, is generally adeouate to convey storm water runoff to the Fox River without flood damage to adjoining properties, however, the following four problem areas should be addressed in the near future: 1. The drainage ditch located west of McHenry High School West; 2. A low point in the street grades at the intersection of Fairfax Drive and Winding Creek Drive; 3. The culvert under the south end of Beach Road is too small to adequately carry the runoff from a 100 year frequency storm; and 4. The culvert which conveys water across the Edgebrook School and McHenry Jr. High School properties to the McHenry Country Club has inadequate capacity to handle the storm water runoff from large storms. Wednesday, Augu�.t 2, 1989 Page 3 Moon then answered questions from the Aldermen and Plan Commission members on population projections, future growth, immediate priority improvement costs of $4,700,000, criteria for locating new well sites, storm water run-off quality control and the NIPC letter from Gary Schaefer reviewing the new Master Plan. Motion by Teta, seconded by Lieder, to accept the updated Water, Wastewater and Storm Water Systems' Master Plan prepared by Baxter & Woodman. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta. Voting Nay: None. Absent: None. Motion carried. Mr. Dale Fleming presented his request for a fence height variation to permit construction of an 8' X 108' cedar fence at his -esidence located at 4221 W. Shore Drive. Motion by Smith, seconded by Serritella, to deny Mr. Fleming's request for a fence height variation to construct an eight foot fence at 4221 W. Shore Drive. Voting A.ya: Bolmar nnnahiiat ieder, McClatchey, Patterson, Serritella, Smith, Teta. Voting Nay: None. Absent: None. Motion carried. Alderman Bolger reported on a Utilities' Committee meeting held for the purpose of resolving two requests from residents regarding fees for a water line extension and another for a repair bill for sewer problems. The first is a request from William Buhrman of 4708 W. Shore Drive in Lakeland Park, to hook up to the City water system, with the City waiving the Capital Development, hook-up and building permit fees. Since there was not a quorum at the Committee meeting, no recommendation was being made. Bolger said he believed, after discussion with Buhrman at the meeting, that Buhrman would now pay those fees if the City would extend the water line from the main (which is located on the opposite side of the street) to his property and provide a water connection stub, at no cost. Teta said the Council had previously operated from a policy of providing an extension of either a water or sewer stub at no cost, when the main was on the opposite side of the street. The Mayor replied that the Municipal Code provides for extending a water/sewer line across a street at no cost to a property owner who was in the City prior to July, 1965, however, Mr. Buhrman did not annex to the City until 1972, which was after the water mains had been installed. Batt suggested that the no cost extension provision be granted to anyone who is not connected to either water or sewer in the City, regardless of the main installation date or when they annexed, since he had no policy to follow for these people. Mayor Busse asked that Batt's suggestion be taken under advisement and discussed at a later time. Motion by Patterson, seconded by Smith, to approve extending a water service line and stub to Mr. Buhrman's property line at no cost. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta. Voting Nay: None. Absent: None. Motion carried. Bolger reported that the second matter to be resolved was a request from Mr. James Stilling of 3310 W. Second Avenue, to pay a bill amounting to $869.00 for sewer problems Mr. Stilling had. According to Hughes Excavating who did the work, the problems were created by tree roots extending from the main into the cast iron service to the house. Bolger said that Public Works had checked the main and found it flowing efficiently and believed the tree roots were growing into the service line and clay stub and not the main. Wednesday, August 2, 1989 Page 4 Discussion took place on the City's and property owner's responsibility and liability and where each began and ended as far as service lines, stubs and mains. Busse felt that if it was a problem in the main, it would be the City's responsibility and likewise if it was a service line problem, it's the owner's responsibility. Batt responded that the City has an ordinance which states that the City has no obligation to repair service pipes, building drains, building sewers or plumbing systems of any building and the ordinance also defines a building sewer as "The extension from the building drain to the public sewer or other place of disposal." The City may, in case of emergency, repair any service pipe, building drain or building sewer and charge the owner for the work. Smith said if the Council decides tonight that the City's responsibility is from the main, then the ordinance has to be changed. Motion by Bolger, seconded by Serritella, to pay the repair bill from Hughes Excavating in the amount of $869.00. Voting Aye: Bolger, Serritella, McClatchey, Patterson. Voting Nay: Lieder, Teta, Donahue, Smith, Busse. Absent: None. Motion failed. Motion by Lieder, cpcnndpd by Cmith, to approve the requests for block parties on Rhonda between Bretons & Lorient for August 5 and on Sycamore Court in Woodcreek on August 12. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta. Voting Nay: None. Absent: None. Motion carried. Director of Public Works Batt announced that the following bids were received for installation of 650 feet of sidewalk on Crystal Lake Road from Winding Creek Drive to Greenbrier Drive: 1. Bergquist and Zimmerman, Huntley $ 7,621.00 2. Alliance Contractors, Woodstock $10,848.00 3. G.F. Structures, Dundee $12,060.00 4. T.S. Concrete, Harwood Heights $12,109.00 Motion by Lieder, seconded by Patterson, to approve the recommendation of Fred Batt and accept the lowest bid of Bergquist and Zimmerman for installation of sidewalks on Crystal Lake Road in the amount of $7,621.00 with the stipulation that it be completed by the time school opens this fall. Voting Aye: Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: Bolger Absent: Patterson left the meeting at 11:20 p.m, after seconding this motion. Motion carried. Director of Parks & Recreation Merkel announced that the City has bppn officially notified and Will receive a $40,000 Clean Lakes_ Program Phase I grant from the U.S. Environmental Protection Agency for McCullom Lake. Mayor Busse announced that he received notice from the State that the City will receive a $415,548 increase in income tax monies and said he hoped the City could utilize those funds by lowering the tax levy and setting an example for other taxing bodies to follow. Busse also updated the Council on the South Wastewater Treatment Plant construction meeting that took place between the City, Baxter & Woodman, representatives from the general contractor and the surety company with the surety company informing the City that it was going out to bid to replace the general contractor. Under a new general contractor, the only change the City agreed to was an extension of 30 - 60 days on completion time if required. Wednesday, August 2, 1989 Page 5 Alderman Donahue reported on a Public Property Committee meeting recently held and stated that they will be looking at several recently completed city halls in different communities as the first stage of planning a new city hall for McHenry and all Aldermen are invited to go along. The Committee will also accept bids from architects when a conceptual plan of the City's present and future requirements is established and once the closing takes place and title is transferred to the City on the proposed property purchase. McClatchey reported on a Personnel Committee meeting held before the Council meeting tonight and one of the topics was the hiring of new employees to replace those employees who were promoted, transferred or left City employment. Vitas said it will require the hiring of three new replacement employees. Motion by McClatchey, seconded by Lieder, to advertise for the hiring of three new replacement employees. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Batt asked Lieder about an agenda item on the Finance Committee meeting held Monday regarding "Review of Employee Benefits." Lieder stated that when the City agreed on the compensation package for the employees several weeks ago, the employees had also requested some additional benefits, like vacation time. Vitas is in the process of getting information from other municipalities but has not completed it yet. Lieder said that when that is completed the Committee will meet with the employees. Motion by Teta, seconded by Serritella, to approve Park Director Merkel's request to attend the National Recreation and Park Association conference at San Antonio, Texas from October 19 - 23, 1989. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Motion by Bolger, seconded by Lieder, to approve Finance & Personnel Administrator Vitas' request to attend the International City Management Association conference in Des Moines, Iowa from September 24 - 28, 1989. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Motion by Lieder, seconded by Serritella, to approve payment of the balance due of $6,173.83 to Dean & Eileen Johnson on the City's purchase of part of Out -Lot A in Lakeland Shores Unit #3, near Wells 5 & 6. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Lieder stated that he has received assurances and the information requested from Development Director Greenwood that the off -brand computers purchased for his department would be compatible and interface with the Wang equipment already in house. Motion by Lieder, seconded by Serritella, to approve payment of the computers for the Development Department in the amount of $4,057.00. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Wednesday, August 2, 1989 'age 6 Lieder commented that he would like to see future computer equipment purchases reviewed before purchasing any since it had been established that Wang equipment would be the standard. Busse suggested that the Council might want to review the purchasing limits and authorities, in that the purchasing limits that are set may be too high. Motion by Smith, seconded by Lieder, to approve the picnic beer permits as presented. Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Motion by Serritella, seconded by Bolger, to pass an ordinance, as presented, amending the City's Zoning Ordinance granting an additional conditional use permit to Zion Evangelical Lutheran Church to expand existing facilities on the premises at 4206 W. Elm Street, subject to certain conditions. (This was approved at the Council meeting of June 14, 1989). Voting Aye: Bolger, Donahue, Lieder, McClatchey, Serritella, Smith, Teta. Voting Nay: None. Absent: Patterson. Motion carried. Narusis reported on notices that the City received regarding Chroma Corporation and McHenry Market Place's requests for reduction in assessed valuation through the Illinois Property Tax Appeal Board. Chroma Corporation was asking for a $120,000 reduction and Market Place was asking for a $200,000 reduction. Narusis asked the Council for direction on whether he was to take any part in opposing the reductions. Normally there is a compromise reached between the taxpayer and the appeal board, Narusis said. The Council felt that the legal fees, appraiser fees and other costs would be much more than the taxes lost and advised the attorney to not intervene. Under statements and comments Smith commented that he had thought long and hard when he ran for office, about the late night meetings and knew that there could be many such meetings. He said he was thankful that the majority of Aldermen knew their obligation and commitment to their constituency and stayed until the end to transact the City's business and did not leave before the meeting was over without saying anything. The Mayor announced that since it was so late, he would like to postpone the Executive Session portion to the next meeting. There was no objection. Motion by Smith, seconded by McClatchey, to adjourn. Meeting adjourned at 12:05 p.m. W s stant to City Clerk Mayor