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 â˘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