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HomeMy WebLinkAboutMinutes - 12/04/1991 - City CouncilREGULAR MEETING DECEMBER 4, 1991 The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, December 4, 1991 at 8:00 P.M. in the McHenry Municipal Center Council Chambers. At roll call the following Aldermen were present: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Absent: Lieder. City Staff in attendance were: City Clerk Gilpin, City Attorney Narusis, City Administrator Peterson, Director of Building and Zoning Halik, Director of Public Works Batt, Director of Parks and Recreation Merkel, Chief of Police Joyce. Absent: None. During the Ten Minute Public Input Session, Anne Sommer of the Environmental Advisory Committee addressed the Council requesting that the City participate in bulk purchase of trees for residents to buy and plant on their property. There would be six varieties to choose from, all in accordance with the City Tree Planting Ordinance. The project is planned for Spring planting. CONSENT AGENDA Motion by Bolger, seconded by Patterson, to approve the Consent Agenda as follows: - Approve the Minutes of the November 20, 1991 Regular City Council Meeting as presented. Voting Aye: Bolger, Smith, Voting Nay: None. Absent: Lieder. Motion carried. MASSAGE CLINIC REQUEST Donahue, Locke, Adams, Patterson, Serritella. Laura Kreassig and Jennifer Tonyan presented a request seeking an exception from City Ordinance 14-53 which prohibits any public or private facility to operate as a massage salon, where any physical contact with the recipient of such services is provided by a person of the opposite sex. The Ordinance does not apply to physicians, surgeons, chiropractors, osteopaths, or physical therapists dually licensed by the State or to licensed nurses acting under the prescription and direction of any physician, surgeon, chiropractor, or osteopath. Attorney Narusis reported that a recent Appellate Court ruling stated that it was illegal to have the section in our Ordinance which says that any physical contact with the recipient of such services is prohibited when it's provided by a person of the opposite sex. It was noted that the applicants are both trained, and members of the American Massage Therapy Association. This association requires them to adhere to a code of ethics and conduct their practices with utmost professionalism. Motion by Donahue, seconded by Adams, to approve the request of Laura Kreassig and Jennifer Tonyan to operate a massage clinic in a building at Tonyan Industrial Park, and to authorize Attorney Narusis to draft an appropriate ordinance regulating the operation of massage clinics in the City of McHenry. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. EQUIPMENT FOR FITNESS ROOM The McHenry Police Association requested that it be allowed to purchase a variety of equipment for the fitness room in the Municipal Center. It is their understanding that the City will match contributions for this equipment over time. The Association obtained a price of $10,557.50 from the Cybex Company for a six -station modular strength system. The Police Association agreed to pay $10,000 and requested that the City pay the additional cost of $557.50 for the equipment. Five conditions were listed before employees could use the fitness equipment: December 4, 1991 Page 2 (1) Each employee be required to sign a release indemnifying and holding the City harmless for any injury they might incur in using the equipment; (2) Each employee be required to provide a written release from their physician indicating approval for the use of the equipment or any limitations; (3) Fitness room equipment can only be used by City employees, and only during non -work time (lunch hour allowed); (4) Prior to using the equipment, an employee must be properly trained in its correct use. Fitness instructors will be designated; (5) Use of the equipment without another individual present is discouraged, however, if used without benefit of the buddy system, the employee is to notify the dispatcher on duty of their use of the equipment. Motion by Serritella, seconded by Patterson, to approve the purchase of a six -station modular strength system from the Cybex Company at a cost of $10,557.50 with the Police Association to pay $10,000 and the City to pay additional costs over $10,000. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. PLANTINGS FOR MUNICIPAL CENTER COMMONS AREA The City Clerk was instructed to obtain prices on the purchase and/or rental of plants for the Municipal Center Commons area. Large plant containers were purchased as part of the furniture package. Quotes were obtained on the purchase and/or rental of artificial trees, live trees, and purchase of live ground cover plants. Motion by Patterson, seconded by Serritella, to authorize the purchase of artificial trees from Flowerwood of Crystal Lake at a cost not to exceed $1,000 and also purchase live ground cover plants for the Municipal Center Commons area . Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. PURCHASE OF FLOOR CLEANING EQUIPMENT The large Commons area and the heavily used hallways in the Police Department necessitate the use of mechanical floor cleaning equipment to efficiently keep these areas in a presentable condition. Several floor cleaning models were tested, and the one recommended by the Director of Public Works and the Building and Maintenance man was a model PT17B Windsor Floor Cleaner from the L.M. Brownse Supply Company in the amount of $3,220.00 Motion by Smith, seconded by Donahue, to authorize the purchase of a model PT17B Windsor Floor Cleaner in the amount of $3,220.00 from L.M. Brownse Supply Company, as presented. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. December 4, 1991 Page 3 MAYOR'S STATEMENTS AND REPORTS Mayor Busse reported that the Fox River clean-up for next year will be held on June 6, 1992. Last year, notification was given too late for the City to assist in a clean-up program. The 'Aayor announced that the McHenry County Board had requested that a representative from the City of McHenry be appointed to the McHenry County Stormwater Management Planning Committee. He plans to appoint either Cit., Administrator Peterson or Director of Public Works Batt. The Mayor asked the Council's opinion as to allowing the Municipal Center Council Chambers to be used for a person wishing to announce his candidacy for United States Congress. The majority of Aldermen felt it was a public building and it would be permissable to allow such a use to take place. He announced that the McHenry Area Youth Commission had been using a program coordinator for activities and programs run by the Youth Commission with the salary being paid through the Family Services Board and reimbursed by the Youth Commission Board. The Family Services Board wishes to remove that person from their payroll and therefore asked that the other entities in the McHenry Area Youth Commission Board of Directors handle this person on one of their payrolls to be reimbursed by the Youth Commission. The Youth Commission Board is asking individual government units to consider placing this program coordinator on the payroll of each governmental unit for a one year period of time. The Council was asked to consider this request and make a decision at a future meeting. DEMOLITION PERMIT APPLICATIONS The Mayor felt there had been a lack of communication between the Landmark Commission and the Building and Zoning Department regarding demolition permit applications. The Landmark Commission felt that they were not being notified in enough time so they could review the demolition permit to make sure that the structure was not of a landmark stature before it was demolished. During discussion it was felt the Building and Zoning Director should notify the Landmark Commission in writing of any demolition permit applications, but was not to hold up issuance of the permit until a response was received from the Landmark Commission. The normal period of time for issuance of demolition permits is 3 or 4 days. Motion by Bolger, seconded by Patterson, to authorize the Building and Zoning Director to notify the Landmark Commission of any demolition permit applications which are submitted to his office, but not to delay issuance of these permits by waiting for a response from the Landmark Commission. Voting Aye: Bolger, Locke, Patterson, Adams. Voting Nay: Donahue, Smith, Serritella. Absent: Lieder. Motion carried. Mayor Busse called for a recess at 9:43 P.M. The Meeting reconvened at 9:55 P.M. with everyone still in attendance. COMMITTEE REPORTS NISRA CONTRIBUTION Alderman Patterson reported on a Park Committee meeting held December 3, 1991 concerning a request from the Northern Illinois Special Recreation Agency that the City support that organization by paying for participants who use the services of NISRA and live in the City of McHenry. December 4, 1991 Page 4 Motion by Patterson, seconded by Locke, that for a one year trial period, the City should contribute an amount not to exceed $6300 to pay the difference between the resident and non-resident fee for NISRA participants who live in the City limits of McHenry, with the total not to exceed $100 per individual, effective May 1, 1992. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. REVOLVING LOAN FUND AWARD Alderman Bolger reported on a Finance Committee meeting held prior to this Council Meeting. The Committee met to discuss the Revolving Loan Fund Application request for $35,000.00 for money which originally came from a Grant to Classic Products funded by the Illinois Department of Commerce and Community Affairs (DCCA). Bolger said the Finance Committee voted 2-1 to approve the one application that was received. That application was from Caruso's Italian Kitchen. The Committee recommended that the $35,000.00 be awarded to Caruso with the stipulation that the title of the van he wished to purchase would be turned over to the City and on the stipulation that the applicant's accountant would furnish all financial statements as requested. Motion by Bolger, seconded by Locke, to approve the $35,000.00 loan from the City's Revolving Loan Fund to the one applicant who applied. During discussion Mayor Busse stated he felt it was extremely ill-advised to make this loan since the application was incomplete and additional financial information had not been received. Alderman Smith also felt that the loan should not be made at this time because not enough financial information was available to the Council. Motion by Locke, seconded by Serritella, to call the question. Voting Aye Voting Nay Absent: Motion carried. Bolger, Donahue, Locke, Adams, Patterson, Serritella. Smith. Lieder. Voting on the original motion to approve the loan: Voting Aye: Bolger, Donahue, Locke, Adams, Patterson, Serritella. Voting Nay: Smith. Absent: Lieder. Motion carried. CITY ADMINISTRATOR'S REPORT DEVELOPER DONATION LAWSUIT Peterson repor a on a letter received from the City of Crystal Lake concerning a Developer Donation lawsuit which had been filed against them. They were asking for moral support from the City. Motion by Patterson, seconded by Locke, to send a letter to the City of Crystal Lake supporting them on the Developer Donation lawsuit presently filed against them on a moral, but not financial basis. Voting Aye: Locke, Smith, Adams, Patterson, Serritella. Voting Nay: Bolger, Donahue. Absent: Lieder. Motion carried. CORPORATE CENTER STREETLIGNTING VARIATION Peterson reported that the McHenry Corporate Center had requested a waiver of the Subdivision Control Ordinance for streetlighting in Unit 2 of the Corporate Center Business Park. December 4, 1991 Page 5 Motion by Serritella, seconded by Bolger, to grant a variation from the Subdivision Control Ordinance for Unit 2 of McHenry Corporate Center, allowing them to construct streetlights on one side of the street at intervals not to exceed 500 feet, and that if it is determined in the future that this arrangement is not satisfactory, the Corporate Center will install more streetlights as required by the City. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. DEPARTMENT HEAD REPORTS Chief Joyce announced that Sergeant Daniel Kinnerk would graduate December 6 from a ten -week School of Police Staff and Command at Northwestern University in Evanston. This means that all the commanders in the McHenry Police Department have received advanced training either from Northwestern or the FBI Academy. The Mayor extended congratulations on behalf of the City Council for the excellent job being done in the police training programs. Director of Public Works Batt announced that the Yard Waste Drop-off site at Knox Park was officially closed for the year on November 28. Parks and Recreation Director Merkel announced that the Spring Park 8 Recreation Department Brochures were in the mail and sign-up for the Spring programs would begin next month. CHRISTMAS SUPPLEMENT Motion by Smith, seconded by Adams, to approve payment of a Christmas Supplement for City employees as in previous years. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. WAIVER OF PERMIT FEES FOR WATER/SEWER The McHenry Community High School has a problem in that the existing sanitary facilities at McCracken Field are insufficient for the demand now placed upon them. They wish to increase the size of the water service and upgrade to new flush valve -type water closets. This project would involve a two inch tap into the City's four inch water main, and the installation of a new one inch water meter. They requested that the City waive any fees necessary to proceed with the project. Motion by Smith, seconded by Patterson, to waive the fees for increasing the size of the tap into the City's water main for the McCracken Field facility, but not to waive the fees for the cost of a new one inch water meter. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. Motion by Smith, seconded by Adams, to adjourn. Voting Aye: Bolger, Donahue, Locke, Smith, Adams, Patterson, Serritella. Voting Nay: None. Absent: Lieder. Motion carried. The Meeting adjourned at 10:48 P.M.