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HomeMy WebLinkAboutPacket - 03/18/2013 - City CouncilMcHenr AGENDA REGULAR CITY COUNCIL MEETING Monday, March 18, 2013, 7:30 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Presentations: a. Certificate of Appreciation to Rebecca Whitehead, NISRA Special Olympics b. CHARACER COUNTS! Recognition Award to Padraig Martin 5. Public Input Session: 10 Minute Limitation 6. Consent Agenda: A. Ordinance authorizing the issuance of S2.4M in General Obligation Bonds (series 2013) to refund the General Obligation Bonds Series 2005 and to issue $415,000 for repairs of the Public Works building, 1415 Industrial Drive; B. Resolution authorizing the City Engineer to update the official Zoning Map and direct the City Clerk to publish a Notice of the Zoning Map update; C. Resolution to accept planning staff assistance delivered by the Chicago Metropolitan Agency for services related to the Silver & Sleepy Hollow Creeks Watershed Action Plan; D. As Needed Checks; and E. List of Bills. 7. Request for use of Petersen Park for the annual Wonder Lake Ski Team Haunted Hay Ride on October 12, 18, 19, 25 & 26, 2013; permission to post temporary advertising signs in municipal right-of-ways; and, waiver of all associated fees 8. Request for variances to the temporary sign ordinance for total area, number of signs, display time, and use of pennants for The roomplace located at 2221 North Richmond Road 9. Planning and Zoning Commission recommendation to consider an ordinance authorizing a use variance to allow two principal land uses, a storage garage and single-family residence, and two principal buildings on one lot as submitted by S.H. Freund & Son, for the property located at 3409 Pearl Street 10. Planning and Zoning Commission recommendation to consider an Ordinance authorizing a use variance to allow a crematorium as submitted by Colonial Funeral Home located at 591 Ridgeview Drive 11. Agreement Between the Rockford Diocese, St. Mary's Catholic Church of McHenry, and the City of McHenry regarding certain improvements related to the Route 31 Improvement Project 12. Mayor Statement and Reports 13. Committee Reports 14. Staff Reports 15. Executive Session: Personnel 16. Adjournment Posted: March 13,2013 Step 1-Project initiation (month 1) The project will begin in Month 1 with a meeting between CMAP staff and the steering committee to: • Discuss and agree upon the project scope, schedule, steering committee membership, roles and responsibilities, and project expectations. • Collect plans, codes and ordinances from each community and discuss which sections are most important / relevant to review. Preliminary assumptions are that zoning, subdivision ordinance, and stormwater ordinances will be reviewed. Step 2 -Initial Code and Plan Review (month 2-3) Following the project initiation meeting, CMAP staff and the water resources consultant will review the four community plans and codes to gain an overall understanding of the community policy and regulatory context, and to draft an outline and approach for developing and presenting plan and code recommendations, i.e., the most critical sections needing attention for each community. CMAP staff will meet with the steering committee to discuss/review the outline and approach, followed by individual meetings with each community separately to discuss findings and specifics. Deliverable: An agreed upon outline and approach, and priority sections needing attention. Roles: • CMAP -manage process and partners; conduct initial plan and code review and prepare outline, approach, and other necessary materials for Steering Committee; prepare for and lead Steering Committee and individual meetings as necessary. • Steering Committee -review materials and provide feedback; participate in meetings; assist with individual community meetings as needed. • Water Resources Consultant -provide review and input as necessary on technical code sections and standards; attend meetings as necessary. Step 3 -Draft Recommendations (month 3-6) CMAP staff and the water resources consultant will review comprehensive plan and code and ordinance language in detail to determine consistency with watershed plan recommendations for water quality and to identify potential obstacles to good practice. CMAP staff will provide suggested language modifications to include as well as recommended engineering or performance standards, as appropriate. Comprehensive plan recommendations will likely be handled in narrative format, while code recommendations will be provided in a reference table that lists specific code sections and recommended modifications to better complement the watershed plan. Deliverable: A draft report of recommendations will be presented to the steering committee and to individual communities for review and comment. Roles: • CMAP -manage process and partners; conduct detailed plan and code review; prepare draft suggested language modifications to comprehensive plan and relevant code sections; prepare for and lead Steering Committee and individual meetings as necessary. • Steering Committee -review draft materials and discuss/provide feedback to CMAP staff; coordinate review ofspecific sections by relevant municipal department directors; participate in meetings; assist with individual community meetings as needed. • Water Resources Consultant -provide review and input as necessary on technical code sections and standards; attend meetings as necessary. 2 • CMAP manage process and partners; prepare for and lead Steering Committee meetings; assist communities with adoption and incorporation including attending community meetings as necessary. • Steering Committee ­assist communities with adoption and incorporation of code language. • Water Resources Consultont ­assist communities with adoption and incorporation including attending community meetings as necessary. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: March IS, 2013 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: St. Mary's Church and Cemetery Right-of-Way Agreement ATT: Settlement Agreement and Mutual Release BACKGROUND: To construct the improvements on Illinois Route 31, additional Right-of-Way (ROW) was required from St. Mary's church, school and cemetery properties. In February of 2005, St. Mary's signed plats of dedication conveying a five foot wide area of property adjacent to Route 31 from the church, school and cemetery. Staff recently received a request from the Catholic Diocese of Rockford on behalf of St. Mary's Church for a formal agreement to be executed by both parties. ANALYSIS: The attached agreement was drafted between City Attorney McArdle, city staff and representatives from St. Mary's Church. In an exchange for the ROW: a two foot tall concrete knee wall will be constructed adjacent to the sidewalk along the cemetery property; city staff will assist and support the fence variance as proposed at the school; waiver of the variance and fence permit fees ($175 and $25 respectively) and install a five foot wide sidewalk adjacent to the church, school and cemetery properties along Route 31. The cost of the construction of the knee walk and sidewalk will be included in the Illinois Route 31/ Illinois Route 120 Intersection Improvement Project. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached Settlement Agreement and Mutual Release between the City of McHenry and St. Mary's Church. SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (the "Agreement") is made and entered into this day of , 2013, by and between St. Mary's Church, an Illinois religious corporation ("St. Mary's") and the City of McHenry, an Illinois municipal corporation ("City"). A. Whereas, St. Mary's raised a claim for certain alleged losses and damages related to the conveyance of two tracts of land to the City in 2005 by plats of conveyance filed in the office of the McHenry County Recorder of Deeds on July 18, 2005 as document nos. 2005R0057620 and 2005R0057621 ("Recorded Plats") in return for certain future promises tendered by the then public works director, Daniel Marcinko, pursuant to his written letter dated July 8, 2005 (referred to herein as the "Claim"); B. Whereas, conveyance of the dedicated parcels reflected on the recorded plats to the City was conveyed by Bishop Doran under the stamp of the Rockford Diocese rather than the actual titleholder, St. Mary's ("Original Conveyances"); C. Whereas, no other consideration was given to St. Mary's in return for the conveyance of the two tracts of land along Illinois Route 31 and this issue is included within St. Mary's Claim; D. Whereas City has disputed St. Mary's asserted claims for alleged losses, costs and damages related to the Claim; E. Whereas St. Mary's and City have investigated the facts relevant to the Claim and the parties hereto have reviewed this Settlement Agreement and Release with their attorneys and do hereby approve the terms set forth herein to settle the Claim. NOW THEREFORE, for and in consideration for the mutual promises and covenants set forth herein, with each of the foregoing recitals incorporated herein, the parties agree as follows: 1,0 City's Performance In consideration of the covenants set forth in this Agreement, the sufficiency of which City herby acknowledges, City agrees as follows: A. KNEE WALL SPECIFICATIONS: At its own expense, the City shall cause to be constructed, a knee wall on the St. Mary's property as follows ("Knee Wall Specifications"): The Knee Wall shall be constructed of cast concrete approximately two feet in height and one foot in width generally consistent with the specifications depicted on the drawing attached hereto as Exhibit A, The knee wall will be constructed along the eastern property line of St. Mary's cemetery property for a distance of approximately 213 feet and within the five feet of the property conveyed by the Recorded Plat and not further west into cemetery land. The wall will be constructed of a coloring form liner textured surface according to the following specifications: Final coloration of cast stone concrete surface shall accurately simulate the appearance of real stone including the multiple colors, shades, flecking, and veining that is apparent in real stone. It shall also demonstrate the colors that may be apparent from aging, such as staining from oxidation, rusting and/or organic staining from soil and /or vegetation. Upon approval by the Engineer and Owner, sample indicated in Section 503.06(a) of the Standard Specifications shall serve as quality standard for the project. At the two entrances to the cemetery, the wall will extend up about six inches on either side of each entrance, the final height to be determined by the City at the time of construction, to form a marked entrance area and the wall will have a built in "cornice" look on the top. Between the wall and the edge of the pavement there will be a new five-foot sidewalk and sod or seed installed between the sidewalk and the edge of Route 31 pavement The St. Mary's Cemetery sign will not be disturbed and no trees shall be removed from the property at this location. Any major deviation from the Knee Wall Specifications shall require St. Mary's consent. City shall provide at least two days' notice to St. Mary's prior to the time work will begin on the knee wall. Completion of the knee wall and all work outlined herein to the standards set forth herein shall be by December 31,2013. B. CITY STAFF ASSISTANCE WITH VARIANCE: The City's staff will provide St. Mary's with assistance regarding proceeding with a variation request and will support a request by St. Mary's to construct, at St. Mary's cost, a four foot high faux black wrought iron fence in the front yard of St. Mary's School from Grand Street. St. Mary's would angle the fence slightly at Grand for site lines as requested by the City. The purpose of the fence is as a visual barrier to the school children warning of the busy road. While St. Mary's understands the City can make no promises as to the success of the variance at a City Council meeting, the City staff will: 1) write a positive internal report or letter in support of the fence; 2) support the request with the relevant alderman; 3) recommend waiver of any fees for the variance filing or fence permit if the variance is granted; 4) assist with the notification process to neighbors; and 5) provide counsel for St. Mary's with all necessary forms and the agenda. Upon receipt of the variance (if granted), St. Mary's shall not be required to actually construct the fence in the future, although St. Mary's is entering in to this Agreement with a positive intent. St. Mary's wants the opportunity to see the expanded road as widened and react appropriately as to the location of the fence once the road is completed. C. RECONVEYANCE, IF NEEDED: In the future, upon the City's conveyance of the dedicated land referenced in the Recorded Plats to the Illinois Department of Transportation ("IDOT"), in the event IDOT requires a reconveyance of the dedicated land from St. Mary's to the City, St. Mary's agrees to execute any and all necessary documents to effectuate a proper dedication. D. OTHER COMMITMENTS: The City will, consistent with approved IDOT plans, install a five foot sidewalk in front of St. Mary's Church and school and sod or seed between the sidewalk and the edge of Route 31 when the work is completed. Upon City's full performance of all terms of this Agreement, St. Mary's, for itself and its successors, predecessors, assigns, officers, directors, and employees, does hereby completely releases and forever discharges City from any and all past or present claims, demands, obligations, and causes of action, of any kind or nature whatsoever which St. Mary's has relating to the Claim. This does not release City from its obligations under this Agreement nor any other agreement entered into by the parties subsequent to this Agreement. 2.0 Adequate Consideration The parties agree and acknowledge that the covenants made above constitute the full, complete, final, and binding compromise and satisfaction of the Claim, and of all matters involving the Claim. 3.0 Attorney's Fees Each party to this Agreement shall be responsible for its own attorney's fees and costs arising out of the Claim and the resolution of the Claim. In the event of a breach of this Agreement, the non-breaching party shall be entitled to recover attorney's fees incurred in enforcing this Agreement. 4.0 Representation of Comprehension of Document In entering into this Agreement, both parties represent that they are aware of the legal consequences of this Agreement; that the terms of this Agreement have been completely read by each of them and their attorneys; that the terms of this Agreement are fully understood and voluntarily accepted by both. 5.0 Warranty of Capacity to Execute Agreement The parties represent and warrant that the person executing this Agreement has all requisite authorization to enter into this Agreement on its behalf and to bind the parties to the terms hereof. 6.0 Additional Documents The parties agree to cooperate fully with one another and to execute any and all supplementary documents and take all additional steps that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 7,0 Entire Agreement and Successors in Interest This Agreement contains the entire settlement and release between the parties with regard to the Claim and shall be binding upon the successors and assigns of each party. It is expressly understood by the parties hereto that all terms of this Agreement are contractual and not merely a recital. 8,0 Governing Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois. 9,0 Effectiveness This Agreement shall become effective immediately following execution in full by the parties listed below upon the date of the last signature hereto and execution in counterparts is hereby agreed to by all parties to be effective as if executed at the same time and place. (Signature page to follow) ST. MARY'S CHURCH, an Illinois religious CITY OF MCHENRY, an Illinois municipal corporation corporation By: By: Its: Its: Date: Date: ATTEST: By: Its: Z:VM\McHenryCityof\StMary\Settlement.Agmt.DOC Prefect r-g-C...Q6(yGale's for_HRGreerfor_; Sheet No. of_HoAedR-GtBenCorrpany ^ ND.By Date.Checked Oats.