HomeMy WebLinkAboutMinutes - 08/05/1987 - City CouncilREGULAR MEETING
WEDNESDAY, AUGUST 5, 1987
The Regular Meeting of the McHenry City Council was called to
order by Mayor Busse on Wednesday, August 5, 1987 at 8:05 p.m. in
City Hall. At roll call the following Aldermen were present:
Bolger, McClatchey, Nolan, Patterson, Serritella, Smith, Teta.
Absent: Lieder. City staff in attendance were Supt. Batt,
Attorney Narusis, Adm. Asst. Marth, Park Director Merkel, Chief
Joyce. Absent: City Clerk Gilpin.
Motion by Smith, seconded by McClatchey, to accept the
recommendation of the Zoning Board of Appeals that the City's
petition for a Conditional Use Permit of property owned by the
City which is 658 feet north of the intersection of Bull Valley
Road and McHenry Avenue, be granted for the construction of a
sewage treatment plant and to pass an ordinance, as presented,
amending the Zoning Ordinance to reflect the Conditional Use
granted.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Dave Kozlowski, of the McHenry County Defenders, gave an
updated report on the recycling program for the first three
months, which was proceeding very well. To date 112.69 tons of
recyclables have been recovered through the combined programs.
Based on the three month total, they are projecting 450.76 tons of
newspaper, glass, aluminum and other items to be recycled for the
year 1987, compared to 336 tons recovered in 1986. Kozlowski
stated that it was a solid beginning, but more work needed to be
done and ask for any suggestions that would help them achieve
their goal.
Motion by Bolger, seconded by Nolan, to grant the request of
Donald Gerstad, of Gerstad Builders, to release the cash deposit
of $15,576.12 held in escrow for completion of Winding Creek 3
parkway grading and sidewalk installation, which is almost
completed.
Council Meeting
Attendance
Ordinances
Zoning Ords.
Sewer Plant -South
Recycling Project
Motion by Smith, seconded by Nolan, to amend the above motion Winding Creek
to reduce the escrowed cash deposit to $2,576.12 until the
remaining items are completed.
Voting on the amendment:
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Amending motion carried.
Voting on the
Voting Aye:
Voting Nay:
Absent:
Motion carried.
amended motion:
Bolger, McClatchey,
Serritella, Smith,
None.
Lieder.
Nolan, Patterson,
Teta.
The Council discussed Gerstad Builders' letter of July 13,
1987 regarding Winding Creek 2, First Addition, Letter of Credit
in the amount of $33,758 and the 20% guarantee (maintenance) bond
required by the Subdivision Control Ordinance for an additional
year after completion of all improvements. In his letter, Mr.
Gerstad stated that the project is essentially finished except for
some sidewalk installation and parkway grading. He suggested that
in lieu of getting the Letter of Credit reduced and providing an
additional maintenance bond, that it simply be left as is and in
May of next year when the Letter of Credit again comes up for
renewal, he would ask the City to accept the unit without
providing the additional guarantee bond since by that time
everything will have been installed for almost 2 years and it
would be obvious by then if there were any maintenance defects.
Winding Creek
Wednesday, August 5, 1987
Page 2.
Attorney Narusis stated that a Letter of Credit is not a
maintenance bond. The Letter of Credit is only used if the public
improvements in a subdivision are not constructed or completed and
the City has to call the Letter in order to complete the
improvements. The guarantee bond is to protect the City for one
year from failure or defects in the improvements after the City
Cr�acce is the completed improvements. You cannot use a Letter of
for the guarantee bond.
It was a consensus of the Council that Supt. Batt inform Mr.
Gerstad and all developers that the City will enforce the
Subdivision Control Ordinance requirement that the guarantee bonds
be deposited with the City upon acceptance by the City of all
public improvements in any new development.
Mayor Busse brought up the PACE Dial -A -Ride proposal again
and reminded the Council that a decision would have to be made by
the next Council meeting on whether the City would participate in
the program.
Motion by
Teta, seconded by Nolan, to support the PACE
program and to participate in the two year trial program at 25%
of
RTA-PACE
the cost, estimated to be $2,000 per month, and to re-evaluate
it
at the end of the
two year period.
Voting Aye:
Bolger, McClatchey, Nolan, Patterson,
SerritelTa, Smith, Teta.
Voting Nay:
None.
Absent:
Lieder.
Motion carried.
Ordinances
Motion by
Bolger, seconded by Teta, to accept
the
Special
recommendation of the Committee of the Whole, who met August
3,
Assessments
1987, and pass the ordinance, as presented, providing for a Local
Improvement by
Special Assessment, to be known as "City
of
McHenry, Illinois
Local Improvement Project No. 31".
Voting Aye:
Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay:
None.
Absent:
Lieder.
Motion carried.
Block
Motion by Patterson,
seconded by Serritella, to approve
the
Party
request of Judy
Smith for a block party in the 1900 block of
N.
Flower Street.
Voting Aye:
Bolger, McClatchey, Nolan, Patterson,
SerritelTa, Smith, Teta.
Voting Nay:
None.
Absent:
Lieder.
Motion carried.
Motion by McClatchey, seconded by Smith, to approve the Plat
Subdivision of Resubdivision of McHenry Commons (formerly Riverside Terrace).
of Land Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Plats Voting Nay: None.
Absent: Lieder.
Motion carried.
Motion by Teta, seconded by Patterson, to approve the
determination of the 1987-88 Tax Levy amount to be $1,150,500, and
to publish the Notice thereof in the newspaper, which includes a
Approp. change in the Audit Fund amount from $10,000 to $8,000, as
& Tax recommended by the Finance Committee.
Levy Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Mayor Busse announced that the Public Hearing on the proposed
1987-88 Levy Ordinance will be held prior to the Regular Council
Meeting on August 19, 7987 at 8:00 p.m.
Wednesday, August 5, 1987 Page 3.
Mayor Busse called for a recess at 9:05 p.m. The meeting
reconvened at 9:20 p.m. with everyone still in attendance.
Ald. Smith thanked Mayor Busse for the recent Fiesta Day
luncheon and a number of other activities which the Mayor has
provided on different occasions, at no cost to the City.
Mayor Busse announced that the City, along with the Chicago &
Northwestern Railroad and School District 15, are going to Petition
the Illinois Commerce Commission for the closing of the pedestrian
crossing at Kane Street. There will also be a six foot
non -climbable fence erected on both sides of the right-of-way for
about 1400 feet, thus making Lillian Street the official pedestrian
crossing. The intention is to have it done before school opens.
C&NW RR
Additional regulations for McCullom Lake was discussed at Park Regulations
length along with how those regulations could be enforced and the
suggestion that the Village of McCullom Lake and other areas along
the Lake be contacted to inquire whether they would join the City
in helping to follow and enforce these regulations.
Motion by Patterson, seconded by Nolan, to pass an ordinance,
as presented, adding Section 16-47 to the Municipal Code
prohibiting certain water craft and motors in excess of 7.5
horsepower on any portion of McCullom Lake located within the City
limits.
Voting Aye: Bolger, McClatchey, Nolan, Patterson, Smith.
Voting Nay: Serritella, Teta.
Absent: Lieder.
Motion carried.
The construction of the Knox Park one acre detention/retention
pond and the letter from Baxter & Woodman, dated July 28, 1987,
regarding their investigation of the proposed project was discussed.
Motion by McClatchey, seconded by Serritella, to table
indefinetely the Knox Park pond project.
Ordinances
Park Regulations
Voting Aye: McClatchey, Serritella, Smith. Failed Motions
Voting Nay: Bolger, Nolan, Patterson, Teta, Mayor Busse.
Absent: Lieder.
Motion failed.
Motion by Bolger, Seconded by Teta, to send the Knox Park pond
project back to committee.
Voting Aye: Bolger, Nolan, Patterson, Serritella, Smith,
Teta.
Voting Nay: McClatchey.
Absent: Lieder.
Motion carried.
Motion by Smith, seconded by Patterson, to pass a $200,000 MFT
Resolution for construction of a new salt storage facility north of
Bull Valley Road between Orchid Path and McHenry Avenue including
construction of an access road, which will also service the new
sewage treatment plant.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Motion by Smith, seconded by Patterson, to approve the picnic
beer permits as presented.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Park Improvements
Resolution
MFT
Public Works-Misc
Parks -Beer
Permits
Wednesday, August 5, 1987 Page 4.
The following sealed bids were received for the printing of the
1987-88 Fall/Winter Parks Department brochure:
B B & W Printing $981.00
McHenry Printing Services $1,352.00
McRam Graphics $850.00
Preferred Graphics $950.00
Quality Graphics .$1,355.00
Rapitech Printing $1,740.00
Bid Opening Motion by Serritella, seconded by Patterson, to award the bid
& Awarding for the printing of the 87-88 Fall/Winter brochure to the low
bidder, McRam Graphics, in the amount of $850.00.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Alderman Teta urged that all City Departments use recycled
paper, whenever possible and practicable.
The Council discussed the request (through Alderman
McClatchey's memo of July 14, 1987) of the City of McHenry Retail
Liquor License Association for an additional serving hour on July
4th (Independence Day), if the holiday falls on a weekday, and also
an additional serving hour for the fourth Thursday in November
(Thanksgiving Eve). The Association also asked for interpretation
of Section 4-23(2) of the Alcoholic Beverages' ordinance and for
recommendations in improving communications with the City Council
and Police Department.
Motion by McClatchey, seconded by Smith, to allow one
additional hour (till 2:00 a.m.) for sale of alcoholic liquor on
Thanksgiving and July 4th, if it falls on a weekday.
Alderman Smith suggested revising the motion to include New
Year's in Alderman McClatchey's motion which Alderman McClatchey
agreed to so do.
Thus the Motion by McClatchey reads: "to allow one additional
hour (till 2:00 a.m.) for sale of alcoholic liquor on Thanksgiving,
July 4th and New Year's, if these holidays fall on a weekday."
Motion by Teta, seconded by Serritella, to table the motion.
Voting Aye: Teta, Nolan, SerritelTa, Mayor Busse.
Voting Nay: Bolger, McClatchey, Patterson, Smith.
Absent: Lieder
Motion to table failed.
Liquor Alderman Smith withdrew his revision suggestion of including
Control New Year's in the original motion, to which Ald McClatchey agreed.
Failed
Motions Voting on the original motion (excluding New Year's):
Voting Aye: Bolger, McClatchey, Patterson, Smith.
Voting Nay: Nolan, Serritella, Teta, Mayor Busse.
Absent: Lieder.
Motion failed.
Committee Motion by Smith, seconded by Nolan, to refer the matter back
Instructions to the Licensing Committee, which is part of the Finance Committee.
Voting Aye: Bolger, Nolan, Patterson, Serritella, Smith,
Teta.
Voting Nay: McClatchey.
Absent: Lieder.
Motion carried.
Executive Motion by Nolan, seconded by Teta, to into Executive Session
Session to discuss property acquisition and pending litigation at TO:50 p.m.
Wednesday, August 5, 1987 Page 5.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Motion by Teta, seconded by Nolan, to go back into open
session at 11:25 p.m.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Motion by Smith, seconded by Patterson, to adjourn.
Voting Aye: Bolger, McClatchey, Nolan, Patterson,
Serritella, Smith, Teta.
Voting Nay: None.
Absent: Lieder.
Motion carried.
Meeting adjourned at 11:26 p.m.
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Mayor n. ASSt. to City UIerK