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HomeMy WebLinkAboutMinutes - 11/18/1992 - City CouncilREGULAR MEETING NOVEMBER 18, 1992 The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, November 18, 1992 at 7:30 P.M. in the Council Room of the Municipal Center. At roll call the following Aldermen were present: Bolger, Donahue, Locke, Lieder, Smith, Adams, Patterson, Serritella. Absent: None. City Staff in attendance: City Clerk Gilpin, Attorney Narusis, City Administrator Peterson, Chief of Police Joyce, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Building and Zoning Lobaito. Absent: None. TEN MINUTE PUBLIC INPUT SESSION During the Ten Minute Public Input Session Patricia Buhrman of 4708 W. Shore Drive spoke on ward redistricting. Vicki Sheppard of 1914 N. North Avenue spoke on Plan Commission procedures concerning proposed new developments. Mary Pifer, Brian Shahinian, and Sally A. Hogan all spoke on the Special Recreation funding matter. At a previous meeting, they asked that the City levy a tax to support the Northern Illinois Special Recreation Association. They thought the matter would be presented at this meeting, but were told that the matter was referred to the Parks and Recreation Committee for a meeting on November 24, 1992. At the December 2, 1992 Council Meeting, the Committee would make a recommendation to the on the matter for Council action. Karen and Tom Lavin signed up to speak during the zoning variation request on the agenda, and Chris Hesch signed up to speak during the continued public hearing on the increase in vending machine and juke box license fees. CONSENT AGENDA Motion by Smith, seconded by Patterson to approve the Consent Agenda as follows: (1) Approve October 5, 1992 Special City Council Meeting Minutes; (2) Approve Resolution recognizing Richard Duellman, who recently resigned from the Police Pension Board, for his dedicated service on that board; (3) Approve October Treasurer's Report as presented; (4) Approve October Budget Report as presented; (5) Approve October Bills as follows: GENERAL FUND 73275 Ace Kardware 168.67 73276 Adams Air & Radiator Service 193.00 73277 Dan Adams Steel Service 190.15 73278 R.A. Adams Enterprises 112.94 73279 Ahlborn Equipment Inc. 65.21 73280 Alexander Battery Co. Inc. 82.56 73291 Ambassador Office Equipment Inc. 133.58 73282 Ameritech Mobile Communications Inc. 102.59 73283 Badger Uniforms 71.90 73284 Peter Baker & Son 1,740.63 73285 Cheryl Ann Barone 652.50 73286 BJ Express 34.85 73287 Dick Blick 17.08 73288 Boncosky Oil Co. 5,418.32 73289 Botts Welding & Truck Service 16.30 73290 L.M. Brownsey Supply Co. 233.10 73291 Burgess Anderson & Tate Inc. 347.62 73292 Burns Industrial Supply Co. Inc. 129.34 73293 Buss Ford Sales 81.21 73294 Canon Financial Services Inc. 556.00 73295 Chucks Towing 25.00 73296 Commonwealth Edison 8,645.93 73297 Communications Revolving Fund 850.00 73298 Corporation for Open Lands 2,286.67 73299 Creative Forms 142.25 73300 Crystal Lake Tire & Battery Inc. 75.08 73301 Cunat Bros. 675.00 73302 Curran Contracting Co. 346.11 73303 Dowe & Wagner Inc. 55.00 November 18, 1992 Page 2 GENERAL FUND (cont'd) 73304 Durabilt Fence 2,286.00 73305 Extech Company 97.35 73306 Foto Fast 17.32 73307 Fox Valley Chemical Co. 32.00 73308 George P. Freund Inc. 82.95 73309 Garrelts Plumbing & Heating 158.00 73310 G.C.C. Enterprises Inc. 80.00 73311 G. Communications 78.10 73312 W.W. Grainger Inc. 14.20 73313 Haines & Company Inc. 353.74 73314 Hampton, Lenzini & Renwick 516.28 73315 Horizon Dermer Quality 77.50 73316 ICMA 48.50 73317 Ideal Uniform Service 913.15 73318 Inlander-Steindler Paper Co. 766.00 73319 Innovative Packaging Inc. 363.38 73320 JBL Industrial Supply 88.34 73321 Jeryco Chemical & Supply Co. Inc. 546.80 73322 Jewel Food Stores 1.99 73323 KDS Tech Services Inc. 46.00 73324 Lake -Cook Farm Supply Company 120.12 73325 Gary Lang Chevrolet Inc. 228.35 73326 LaSalle National Bank 226,045.29 73327 Leach Enterprises 49.88 73328 LETN 388.00 73329 Litgen Cutting Supply Co. 42.00 73330 Main Paint & Decorating 21.02 73331 Tom McCarthy 777.00 73332 McHenry Auto Parts 1,154.48 73333 McHenry County Glass & Mirror 28.00 73334 McHenry Printing Services 3,454.58 73335 McHenry Tire Mart 22.00 73336 McHenry Township Road District 2,388.36 73337 Meyer Material Company 1,858.96 73338 Monroe Truck Equipment 767.18 73339 Narusis & Narusis 13,415.25 73340 National Power Rodding Corp. 1,012.50 73341 NEBS 230.08 73342 Northern Computer Services 700.00 73343 Northern Key & Lock 39.00 73344 Northwest Herald 214.32 73345 The Office Shoppe 5.48 73346 O.M.J.C. Signal Inc. 64.41 73347 PACE 5,294.74 73348 Petersen Sand & Gravel 1,081.96 73349 Photo Forum Inc. 41.35 73350 Pioneer Center of McHenry County 185.22 73351 Pioneer Truck Parts 3.90 73352 Plasticade Products 82.30 73353 The Player's Bench Inc. 40.00 73354 Precision Sharpening & Rep. Inc. 40.00 73355 Radicom, Inc. 719.00 73356 Raycraft Septic Service 150.00 73357 Ritter & Sons 125.96 73358 Rockford Ind. Welding Supply 55.33 73359 Sidener Supply Company 201.00 73360 Skokie Valley Asphalt 3,571.01 73361 Sunnyside Company 44.25 73362 Tarco Business Forms Inc. 633.12 73363 Thompson Elevator Inspection Service Inc. 228.00 73364 Thornton's Turf Nursery 116.85 73365 Transmatic Transmissions Spec. 150.00 73366 Truck Index Inc. 50.00 73367 Unitog Rental Services 132.50 73368 UZ Engineered Products 69.42 73369 K.Van Bourgondien & Sons Inc. 86.25 73370 Visible Computer Supplies 165.29 73371 Wal-Mart Stores Inc. 125.76 73372 Wang Express 461.11 73373 Wearguard 333.92 73374 Wolf Camera Inc. 148.41 73375 Zee Medical Service 71.75 November 18, 1992 Page 3 WATER SEWER FUND 9478 Ace Hardware 211.73 9479 Dan Adams Steel Service 10.00 9480 R.A. Adams Enterprises 2.36 9481 Alexander Chemical Corp. 316.00 9482 American Nat'l Bank & Trust Co. 500.75 9483 Void --- 9484 Baxter & Woodman 2,300.45 9485 Boncosky Oil Company 1,613.10 9486 Botts Welding & Truck Service 28.40 9487 Brown's Commercial Supply Co. 26.70 9488 Burgess Anderson & Tate Inc. 74.44 9489 Carey Electric Contracting 1,739.89 9490 Commonwealth Edison 21,460.89 9491 D'Angelo Natural Spring Water 34.50 9492 Data Documents 562.51 9493 W.W. Grainger Inc. 51.57 9494 Hydrotex Inc. 231.40 9495 Innovative Packaging Inc. 164.50 9496 Gary Lang Chevrolet Inc. 117.56 9497 Layne -Western Company Inc. 36,600.00 9498 Leach Enterprises 592.37 9499 Lewis Equipment Co. 62.34 9500 Main Paint & Decorating 8.73 9501 Marblehead Lime Co. 1,612.35 9502 McHenry Auto Parts 50.58 9503 McHenry Electric & Supply 71.72 9504 McHenry Printing Services 49.64 9505 McHenry Tire Mart 46.00 9506 Meyer Material Company 746.03 9507 Midwest Meter Inc. 524.66 9508 NCL of Wisconsin Inc. 94.42 9509 NEBS 230.07 9510 NIMC's On -The -Job Occupational Health Dept. 42.00 9511 Northern Computer Services Inc. 412.50 9512 Northwest Herald 74.00 9513 Pioneer Truck Parts 47.53 9514 Raycraft Septic Service 595.00 9515 Safety Kleen Corp. 73.25 9516 Sidener Supply Company 674.77 9517 Thornton's Turf Nursery 174.00 9518 Underground Pipe & Valve Co. 6,408.00 9519 Unitog Rental Services 277.00 9520 Visible Computer Services 24.48 9521 Water Products Company 219.00 9522 Waterpro 189.94 9523 Woodland Recycling & Disposal 3,977.60 RECREATION PROGRAMS FUND 2902 American Academic Supplies 156.30 2903 Curt Bremer 304.00 2904 Computertots 250.00 2905 Crystal Manor Stables Inc. 300.00 2906 Elkhorn Bus Jones Coach Travels 300.00 2907 Jeryco Chemical & Supply Co. Inc. 75.50 2908 Jewel Food Stores 37.43 2909 William J. Kofler 16.00 2910 Rosemary Kondritz 681.50 2911 Greg Larson Sports 55.77 2912 Bonnie Meyer 120.00 2913 Northern Computer Services Inc. 275.00 2914 True Value Hardware 12.00 2915 Visible Computer Services 7.14 2916 Wal-Mart Stores Inc. 114.53 Voting Aye: Bolger, Donahue, Lieder, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. November 18, 1992 Page 4 PUBLIC HEARING - INCREASE IN MECHANICAL DEVICE LICENSE FEES Alderman Lieder, Chairman of the Finance Committee, reported it had met on November 4, 1992 to consider the fee increases for cigarette vending machines, juke boxes, and mechanical amusement devices. After considering the input from the objectors, both at the Public Hearing and at the Finance Committee Meeting, the Committee concurred on its recommendations. Chris Beach of A.H. Entertainers, Inc. of Rolling Meadows, IL submitted a letter to the City Council objecting to the increase from $25 to $50 per machine. He felt that the fees should be increased from $25 to $35 per year. His letter was entered into the record of the Public Hearing. Motion by Lieder, seconded by Adams, to pass an ordinance approving the recommendation of the Finance Committee, as follows: 1) The annual license fees for cigarette vending machines, juke boxes, and mechanical amusement devices be increased from $25 to $50 for the first 20 licenses at one location; 2) To allow no pro -ration of fees for partial year licenses; 3) To require an arcade license at a cost of $200 annually when more than 20 mechanical amusement devices are at one location; and, 4) That this arcade license be reviewed and considered annually as are the liquor licenses. Voting Aye: Smith, Adams, Patterson, Bolger, Donahue, Lieder. Voting Nay: Serritella, Locke. Absent: None. Motion carried. The Public Hearing was adjourned by Mayor Busse. AMOCO SEWER RECAPTURE AGREEMENT As part of an annexation agreement between the City and Amoco Oil Company entered into on October 2, 1989, Amoco has an obligation to extend a sewer main from its property at the southwest corner of Bull Valley and Crystal Lake Roads easterly along Bull Valley Road . As part of the agreement, the City allowed Amoco to recapture its costs for extending this line. Attorney Thomas Zanck and Clifford Rudd of Amoco were present at the meeting. The recapture agreement presented tonight was for the extension of the sanitary sewer main. A recapture agreement for the extension of a water main from the Amoco property will be presented in the future. Motion by Patterson, seconded by Serritella, to pass an ordinance to enter into a recapture agreement with Amoco Oil Company for the extension of the municipal sanitary sewer from the Amoco property at the southwest corner of Crystal Lake Road and Bull Valley Road, easterly along Bull Valley Road to connect to the existing sanitary sewer main, contingent upon costs of the project being recalculated on actual costs when the project is complete, and contingent upon review of the agreement by the City Attorney. Voting Aye: Bolger, Lieder, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Abstaining: Donahue. Absent: None. Motion carried. November 18, 1992 Page 5 ZBA VARIATION REOIIEST A Zoning Board of Appeals hearing was held on a petition submitted by Robert and Adeline Peklo, and Thomas Lavin for property located at 4720 W. Elm Street to permit the operation of an in-house dry cleaning establishment and an attorney's office. Attorney Karen Lavin stated she plans to purchase the building contingent upon obtaining the necessary use variations requested. The building would be used to operate a law office and a dry cleaning establishment. Under the City's Zoning Ordinance, a use variation would be necessary to conduct on -site cleaning activities. It was also requested that a variation for the number of parking spaces be waived, and that nine parking spaces, including a Handicapped Accessible space, be approved for the site. Originally, the petitioners had requested a conditional use to permit a drive -through operation, but this request was withdrawn at the ZBA meeting on November 2, 1992. The property currently houses two businesses. The Zoning Board of Appeals' recommendation included a use variance to permit on -site cleaning, a variation to permit nine parking spaces including a handicapped space, that the northernmost access to Meadow Lane be closed, that no parking be permitted on the east side of the building, and that the southernmost access to Meadow Lane be kept open. A November 11, 1992 letter from the petitioner's attorney indicates that they would not want to proceed with the variation request if the Council would not allow parking to take place on the east side of the building. This was different than the Zoning Board recommendation. Lengthy discussion took place on how parking could be established on the property. One of the options was to move the existing sidewalk to accomodate perpendicular parking. It was also felt that both the north and south entrances and exits be kept open, and that three parallel parking spaces could be allowed on the east side of the building until the sidewalk could be moved and perpendicular parking spaces could be established. Ms. Lavin said that they would agree to move the sidewalk within one year to accomodate perpendicular parking. Motion by Bolger, seconded by Locke, to pass an ordinance granting the use variation to permit a dry cleaning establishment on the premises, that both the northernmost and southernmost accesses to the property be kept open, to restore the parkway area, to grant a variance to allow three non -conforming parallel parking spaces on the east side of the building, and at the option of the petitioner, the sidewalk along Meadow Lane could be moved at the petitioner's expense to accomodate perpendicular parking spaces. Lengthy discussion continued. Motion by Locke, seconded by Patterson, to call the question. Voting Aye: Locke, Bolger, Serritella, Patterson. Voting Nay: Lieder, Smith. Abstaining: Donahue, Adams. Absent: None. Motion carried. Voting on the original motion: Voting Aye: Lieder, Locke, Bolger, Serritella, Patterson, Adams. Voting Nay: Smith. Abstaining: Donahue. Absent: None. Motion carried. 1992 TAX LEVY In order to comply with the State Statutes regarding notice and publication of the annual property tax levy, the Council must set a date for a public hearing to consider a proposed tax levy. A tax levy for 1992 in the amount of $1,630,000.00 was proposed to the Council. That amount assumes an increase in property taxes of 3.1%. November 18, 1992 Page 6 Motion by Lieder, seconded by Donahue, to schedule a Public Hearing on the estimated 1992 property tax levy for Wednesday, December 9, 1992 at 7:30 P.M. Voting Aye: Bolger, Donahue, Lieder, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Mayor Busse called for a recess at 9:05 P.M. The Meeting reconvened at 9:15 P.M. with everyone still in attendance. WARD BOUNDARIES Committee Meetings of the Whole were held on November 10, 1992 and November 16, 1992 to establish five new wards and to prepare a redistricting map prior to the City Election in April 1993. At the November 16, 1992 meeting, a motion was made to select modified Map "K" as the newly established ward map. The motion passed by a 4-3 vote, with one Alderman absent. At this meeting, Alderman Smith read from the State Statutes, which said that wards should be redistricted according to voter registration, not population. He questioned whether the modified "K" map had been drawn according to population or voter registration. Alderman Bolger, who helped prepare the map, said he had done it both ways, and it did not seem to make that much of a difference. It was noted that all of the proposed maps had been drawn based on population. Motion by Patterson, seconded by Bolger, to pass an ordinance adopting modified Map "K" as presented for the new five ward redistricting map. Motion by Adams, seconded by Lieder, to amend the motion to accept the recommendation of Alderman Lieder, and move all of Precinct 28 from proposed Ward 2 to proposed Ward 5. Voting on the amendment: Voting Aye: Voting Nay: Absent: Motion did not carry. Smith, Adams, Lieder. Patterson, Serritella, None. Voting on the original motion: Voting Aye: Voting Nay: Absent: Motion carried. Patterson, Serritella, Smith, Adams, Lieder. None. REDUCTION IN MAYOR'S SALARY Bolger, Donahue, Locke. Bolger, Donahue, Locke. At the Finance Committee meeting of November 4, 1992, the Committee recommended a reduction in the Mayor's salary from $15,000 to $9,000 annually. It was recommended that this reduction become effective May 1, 1993. State Statutes require that in order to become effective, a change in elected officials' salaries must be approved no less than 60 days prior to a municipal election. Motion by Lieder, seconded by Adams, to approve the recommendation of the Finance Committee, and pass an ordinance reducing the Mayor's salary from $15,000 to $9,000 annually, effective May 1, 1993. Motion by Smith to amend the motion and approve a reduction in the Aldermen's salary by the same percentage as the reduction in the Mayor's salary (40%). Motion failed for lack of a second. Motion by Bolger, seconded by Lieder, to call the question. Voting Aye: Bolger, Donahue, Lieder, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. November 18, 1992 Page 7 Voting on the original motion: Voting Aye: Lieder, Locke, Bolger, Patterson, Adams. Voting Nay: Donahue, Serritella, Smith. Absent: None. Motion carried. AMENDMENT TO SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE The Northeastern Illinois Planning Commission (NIPC) recently revised its Model Ordinance for Soil Erosion and Sedimentation Control. A document was presented to the Council which showed the existing changes being requested by NIPC. Alderman Locke left the meeting at 10:10 P.M. Following discussion, it was decided to submit the matter to the Building, Zoning, Planning, and Development Committee. Motion by Bolger, seconded by Donahue, to refer the matter of proposed amendments to the Soil Erosion and Sedimentation Control Ordinance to the Building, Zoning, Planning, & Development Committee for review and recommendation. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Locke. Motion carried. AWARD BID FOR GREEN STREET WATER MAIN EMNSIOR Water mains are currently being extended from the Tonyan Industrial Park to Green Street under an annexation agreement with the developers of Foxview Highlands. In order to provide residents of the Biscayne Highlands with City water service, the City advertised for bids to extend a water main to Biscayne Highlands subdivision. Motion by Smith, seconded by Serritella, to award the contract for the extension of the water main on Green Street to the low bidder, Northwest Sewer and Water Company, Inc. of Wood Dale, IL in the amount of $39,735.45. Voting Aye: Voting Nay: Absent: Motion carried. Bolger, Donahue, Adams, Patterson, None. Locke. Lieder, Smith, Serritella. PROCEDURAL CHANGES FOR DEVELOPMENT REVIEW At a prior City Council meeting when the Deerpath subdivision proposed by Centex Corporation was discussed, it was suggested that the developer should meet with the schools prior to continuing their discussion with the City Council. The issue was raised as to how the Council would like the review of development proposals to proceed in the future - should the developer meet with the school districts and work out a satisfactory arrangement before they approach the City or should the existing procedure continue. The City's existing procedure provides that the City collect impact fees for local schools on the basis of a formula and through individual negotiation with developers if an annexation agreement is involved. Motion by ➢onahue, seconded by Serritella, to retain the procedure that the Council now has in effect, which is to provide for the collection of impact fees for local schools on the basis of a formula, and through individual negotiations if an annexation agreement is involved. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Serritella. Voting Nay: Patterson. Absent: Locke. Motion carried. November 18, 1992 Page 8 MAYOR'S STATEMENT AND REPORTS The Mayor announced that the McHenry County Stormwater Management Planning Committee had asked that City Administrator Peterson be a member of that board. Its meetings are held on Wednesday nights, and Peterson cannot attend because those are Council meeting nights. The County has asked that another person be appointed to represent the City of McHenry. Motion by Lieder, seconded by Bolger, to authorize the Mayor to appoint someone to represent the City of McHenry on the McHenry County Stormwater Management Planning Committee. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Locke. Motion carried. Mayor Busse reported that a liquor license application had been submitted by John G. and Linda P. Streicher of McHenry, who wish to purchase the property known as Phylly's Inn at 3914 W. Main Street. Mrs. Phyllis Garippo, present owner of the building and owner of the liquor license, submitted a letter approving the transfer of the existing liquor license to the Streicher's, effective December 1, 1992. Motion by Bolger, seconded by Donahue, to approve the cancellation and reissuance of Phylly's Inn liquor license at 3914 W. Main Street to John and Linda Streicher, effective December 1, 1992, contingent upon proof of ownership of the property. Voting Aye: Voting Nay: Absent: Motion carried. Bolger, Donahue, Lieder, Smith, Adams, Patterson, Serritella. None. Locke. Mayor Busse proclaimed the week of November 15 through November 21 as "American Education Week". Mayor Busse announced that he would not run for re-election for Mayor in the April 1993 Municipal Election. COMMITTEE REPORTS Alderman Smith, Chairman of the Building, Zoning, Plannning & Development Committee, reported that at the October 21, 1992 Committee Meeting, proposed amendments to the Zoning Ordinance and Municipal Code were discussed. The recommendations of the Committee were submitted to the Council for consideration. Motion by Smith, seconded by Donahue, to approve the recommendation of the Building, Zoning, Planning & Development Committee to amend the Zoning Ordinance and Municipal Code as presented and to authorize the City Attorney to draft documents for presentation to the Zoning Board of Appeals for a public hearing on the proposed amendments. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Locke. Motion carried. DEPARTMENT HEAD REPORTS Park Director Merkel displayed a new Marlins Swim Team sign which had been donated by the parents of the Marlins Swim Team. It will be displayed at the Knox Park Pool. NEW BUSINESS Alderman Bolger requested Chief Joyce to check parking spaces along the west side of Front Street between Main and John Streets, to see if two-hour parking should be established to eliminate all day parking in that area. November 18, 1992 Page 9 EXECUTIVE SESSIOA Motion by Smith, seconded by Adams, to go into Executive Session at 11:08 P.M. to discuss pending litigation. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Locke. Motion carried. Alderman Serritella left the meeting at 11:08 P.M. Motion by Adams, seconded by Smith, to go back into Open Session at 11:20 P.M. Voting Aye: Voting Nay: Absent: Motion carried. Bolger, Donahue, Lieder, Smith, Adams, Patterson. None. Serritella, Locke. Motion by Smith, seconded by Adams, to adjourn. Voting Aye: Bolger, Donahue, Lieder, Smith, Adams, Patterson. Voting Nay: None. Absent: Serritella, Locke. Motion carried. The Meeting adjourned at 11:20 P.M. CITY CLERK