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HomeMy WebLinkAboutMinutes - 05/11/2009 - City Council REGULAR MEETING MAY 11, 2009 A regular meeting of the McHenry City Council was called to order by Mayor Low at 7:30 p.m. on Monday, May 11, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Public Works Director Schmitt; Finance Director Black, City Engineer Steve Cieslica. PROCLAMATION: RECOGNIZING CHELSEA GRAVES AS "MAYOR FOR THE DAY" Mayor Low announced Chelsea Graves, a student from Riverwood Elementary School, was in attendance at this evening's meeting. She noted Chelsea won a "silent auction" item which provided Chelsea to be "Mayor for the Day". Mayor Low read into the record of the meeting a Proclamation honoring Chelsea Graves as Mayor for the Day. Also in attendance was Principal Robinson of Riverwood Elementary School. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. Final pay request for Petersen Park Field #2 improvements, Fox Valley Fencing, in an amount of$25,781.40; B. Final pay request for Petersen Park Field #2 improvements, North Shore Netting Systems, in an amount of$22,998; C. Final pay request for Sanitary Lift Station SCADA improvements, Ridgeview Electric Inc, in an amount of$4,822.70; D. Picnic/special use permits; E. City Council Minutes: March 30, 2009 regularly scheduled meeting; April 6, 2009 regularly scheduled meeting; April 13, 2009 regularly scheduled meeting; F. List of As-Needed Checks: ASSOCIATED ELECTRICAL CO 9,340.55 BANKCARD SERVICES 652.68 BEESON'S 851.70 BENEFIT SYSTEMS & SERVIC 6,908.07 BLUE CROSS BLUE SHIELD 0 108,794.24 DREILING CONSTRUCTION CO 2,525.00 FIRST NAT'L BANK OF MCH 750,000.00 FOP UNITS I/II 1,843.00 GALLAGHER RISK MANAGEMEN 29.00 GARAVENTA USA INC ANTIOC 5,216.60 HOME DEPOT/GECF 2,364.26 HUMMEL, MICHAEL J 533.14 �� INTERIOR CONCEPTS INCORP 5,751.00 May 11,2009 Page 2 IUOE, LOCAL 150 1,976.14 J&E DUFF INC 4,600.00 JUST RITE ACOUSTICS INC 1,397.00 MAY DECORATING II INC 3,525.00 MCCAULEY, MARTIN E 20,351.87 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 320.00 PETTY CASH FUND 68.93 POSTMASTER MCHENRY IL 4,630.63 PRAYER BREAKFAST COMMITT 175.00 PRE-PAID LEGAL SERVICES 181.30 SECRETARY OF STATE/INDEX 10.00 SECTION 8 DOORS & HARDWA 10,490.00 UNITED PARCEL SERVICE 83.68 UNUM 1,674.37 ZAHN, DAN 960.00 GRAND TOTALS 945,295.69 FUND TOTALS GENERAL FUND 15,698.30 CAPITAL IMPROVEMENTS FUND 63,197.02 WATER/SEWER FUND 669.06 UTILITY IMPROVEMENTS FUND 750,000.00 EMPLOYEE INSURANCE FUND 115,702.31 RISK MANAGEMENT FUND 29.00 TOTALS 945,295.69 G.List of Bills: ACE HARDWARE, BJORKMAN'S 1,859.67 ACME BRICK & SUPPLY CO 157.50 ADAMS ENTERPRISES INC, R 68.57 ADAMS STEEL SERVICE INC 188.00 AFTERMATH INC 245.00 ALEXANDER LUMBER CO 197.84 AMERICAN SOLUTIONS FOR B 279.00 AQUAPREP 5,544.00 AT&T 3,802.82 B&W CONTROL SYSTEMS INTE 1,216.00 BANK OF NEW YORK, THE 65,497.50 BAXTER & WOODMAN 3,940.60 BUNCH DISTRIBUTING INC 99.96 BUSS FORD SALES 2,130.71 CAHILL, CHARLENE 60.00 CARQUEST AUTO PARTS STOR 241.93 CASEY EQUIPMENT COMPANY 786.06 CDW GOVERNMENT INC 2,211.98 CHICAGO INTERNATIONAL TR 320.62 CINTAS CORPORATION #355 1,443.36 COMCAST CABLE 74.90 COMED 33,670.12 COMMUNICATIONS REVOLVING 115.00 CONSTELLATION NEWENERGY 4,723.36 COUGHLIN, PATRICIA 169.00 CURRAN CONTRACTING COMPA 477.48 D'ANGELO NATURAL SPRING 46.50 DIEDRICH, KEN 9.29 DREISILKER ELECTRIC MOTO 2,798.63 DURA WAX COMPANY INC, TH 198.10 ED'S AUTOMOTIVE/JIM'S MU 115.00 ED'S RENTAL & SALES INC 20.00 ELLMANN, ELIZABETH 338.00 FBI NAA 50.00 FISCHER BROS FRESH 948.44 FONE ZONE-MCHENRY, THE 99.96 FOXCROFT MEADOWS INC 239.50 G IMPRESSIONS INC 15.00 GOLD MEDAL PRODUCTS 291.52 May 11,2009 Page 3 GREAT LAKES FIRE & SAFET 179.97 HARM'S FARM 41.88 HAWKINS INC 670.73 HBK WATER METER SERVICE 1,722.40 ILLINOIS SECTION AWWA 35.00 IMAGETEC LP 101.50 IPAC 50.00 IPELRA 375.00 JOHNS TREE SERVICE 800.00 JW TURF INC 300.00 KALE UNIFORMS INC 1,094.26 KDS TECH SERVICES INC 354.30 KIMBALL MIDWEST 391.54 KTD INC 85.39 LANG PONTIAC-CADILLAC-SU 22.76 LEACH ENTERPRISES INC 105.39 LEE AUTO MCHENRY 39.75 LEXISNEXIS 119.00 LIBERTY PROCESS EQUIPMEN 1,472.18 MAR-VEL INTERNATIONAL IN 341.58 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 120.68 MCCUTCHAN, SHARON 50.00 MCHENRY COMMUNITY HIGH S 854.00 MCHENRY COMMUNITY SCHOOL 1,152.00 MCHENRY COUNTY CHIEFS OF 42.00 MCHENRY FIRESTONE 726.70 MCHENRY NAPA 1,244.99 MCHENRY PEDIATRICS 30.00 MCHENRY PUBLIC LIBRARY 64.00 MCHENRY TOWNSHIP FIRE PR 64.00 MCMASTER-CARR SUPPLY CO 69.77 MERKEL, MARISA 74.50 MID AMERICAN WATER OF WA 136.80 NCL OF WISCONSIN INC 407.66 NICOLET SCENIC TOURS 7,728.00 i NICOR GAS 1,080.01 �... NORTH SUBURBAN WATER 30.00 O'NEILL, KITTY 169.00 OHLIN SALES INC 249.26 OLSEN SAFETY EQUIPMENT C 131.62 ONE ZERO CHARLIE 4,000.00 OPEN CONTROLS SOLUTIONS 2,919.65 OTTOSEN BRITZ KELLY COOP 1,242.50 PACE 9,412.62 PADDOCK, TIMOTHY 158.63 PAYLINE WEST INC 1,023.71 PENZE, JACQUELINE S 200.00 PERRICONE GARDEN CENTER 519.00 PETROLIANCE LLC 6,356.32 PETTIBONE & CO, P F 1,357.00 PLASTINA, DARREN 29.83 PRATHER, PAUL 5.86 PRECISION SERVICE & PART 1,016.49 PROSAFETY INC 277.12 R&J CONTRUCTION SUPPLY C 165.40 REICHE'S PLUMBING SEWER 190.00 RELIABLE SAND & GRAVEL 871.87 RESERVE ACCOUNT 1,694.81 RIVERSIDE BAKE SHOP 83.14 ROC CONSTRUCTION SUPPLY 73.88 SALON TE ELLE CE 30.00 SASAK, TODD 21.84 SCHMIDT, LINDA 59.00 SCHOPEN PEST SOLUTIONS 75.00 SEC AUTOMATION INC 420.00 SEC GROUP INC 33,089.75 SHERWIN INDUSTRIES INC 2,204.00 ST PAULS EPISCOPAL CHURC 636.30 STAPLES BUSINESS ADVANTA 64.25 �. STEKL, DIANE 335.75 May 11,2009 Page 4 STRATEGIC VALUATIONS LLC 4,567.80 THOMAS TRUCKING INC, KEN 490.00 TRAFFIC CONTROL & PROTEC 555.30 UNITED LABORATORIES 99.50 VALLEY POPCORN CO 863.50 VAN METER & ASSOCIATES I 145.00 VIKING CHEMICAL COMPANY 11,115.50 WASTE MANAGEMENT OF WI P 8,777.59 YORK, ESTATE OF VILMA 14.23 ZARNOTH BRUSH WORKS INC 331.00 GRAND TOTALS 259,711.68 FUND TOTALS GENERAL FUND 92,587.52 PAGEANT FUND 74.50 ANNEXATION FUND 2,134.00 MOTOR FUEL TAX FUND 1,000.00 DEBT SERVICE-1997A FUND 65,497.50 WATER/SEWER FUND 53,713.26 UTILITY IMPROVEMENTS FUND 30,375.55 RISK MANAGEMENT FUND 23.84 INFORMATION TECHNOLOGY FUND 6,612.41 RETAINED PERSONNEL ESCROW 7,693.10 TOTALS 259,711.68 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR HONORARY STREET SIGN Deputy City Administrator Martin stated a request was submitted by Tina Hill who asked that an honorary street be dedicated to Jackson Grabow, an infant who passed away as a result of brain cancer. Ms. Hill noted Jackson was an inspiration to many, particularly students and Staff at McHenry High School West Campus. Ms. Hill further stated that Jackson helped raise awareness of the need for pediatric cancer research through the St Baldrick's Research Foundation. Deputy City Administrator Martin stated it is Staffs recommendation to approve a resolution designating the intersection of Riverside Drive and Washington Street as "Honorary Jackson Grabow Way". Alderman Condon stated she was honored to be present during the St. Baldrick's Day Assembly at West Campus. She noted the young child pulled the community together. It was remarkable how the St. Baldrick's Day fundraiser also pulled the high school students together. Mayor Low acknowledged Tina Hill, and Jackson Grabow's grandparents, Mr. Rupp and Mr. and Mrs. Grabow, who were in attendance. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to pass a resolution designating the intersection of Riverside Drive and Washington Street as "Honorary Jackson Grabow Way". May 11,2009 Page 5 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — TOLUCA'S MEXICAN RESTAURANT, 929 NORTH FRONT STREET Deputy City Administrator Martin stated a request was received from Toluca's Mexican Restaurant located at 929 North Front Street seeking a variance to allow a projecting sign on their premises. The business owner states many customers have a difficult time locating the restaurant and the projecting sign would be helpful. Deputy City Administrator Martin noted the proposed sign is 34 square feet in area and would project from the face of the building. It is the intent of the owner to utilize the projecting sign in lieu of erecting a freestanding sign on the site. Deputy City Administrator Martin noted Staff has reviewed the request and believes the projecting sign would be more practical than a freestanding sign on the site. Staff supports the requested variance. Alderman Peterson stated he would like to see some of the neon signs removed if the variance for the projecting sign is approved. Alderman Glab concurred with Alderman Peterson. He stated he finds it difficult to support additional signage in light of the existing numerous neon signs in place on the windows. Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation to grant a variance to allow a projecting sign on the face of Toluca's Mexican Restaurant located at 929 North Front Street as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT FROM E ESTATE TO RM-2 HIGH DENSITY MULTI- FAMILY RESIDENTIAL—DAVID KOTIW, 3320 BULL VALLEY ROAD In attendance were applicants David and Sherri Kotiw and their attorney Thomas Zanck. Deputy City Administrator Martin stated an application was submitted by David Kotiw seeking a zoning map amendment from E Estate to RM-2 High Density Multi-Family District for his property located at 3320 Bull Valley Road which was recently annexed to the City. It is the applicant's intent to construct two two-story multi-family residential buildings, each containing 12 units for a total of 24 dwelling units. A covered walkway would connect the buildings May 11,2009 Page 6 resulting in a "single" building for zoning purposes. A multi-car garage would accommodate 10 --� vehicles. An additional 54 open parking stalls would be provided. Deputy City Administrator Martin stated the matter was presented at a Public Hearing before the Planning and Zoning Commission on February 19, 2009. However, there was no recommendation from the Commission as the final vote was 3-3 on a motion to recommend denial. Attorney Zanck provided Council with an overview of the applicant's request and their intended use of the subject property. He noted the project's architect and engineer were also in attendance. Mr. Zanck noted if the project moves forward, municipal water and sanitary services would be extended across the property. This might ultimately allow for a connection to municipal water for the McHenry Shores Subdivision, which would be advantageous to those residents. Mayor Low invited Spokesman Paul Antens of 3321 Bull Valley Road to speak on behalf of the numerous opponents to the project who were in attendance at the meeting. Mr. Antens presented Council with a Petition of Objection signed by 187 residents of the area. He thanked Mayor Low for the opportunity to speak on their behalf. Mr. Antens noted the proposed project would be intrusive. The proposed apartments would not be consistent with existing construction in the neighborhood. Area residents do not see any benefits to the project moving forward. Alderman Santi acknowledged the concerns of the residents. He inquired if a fire hydrant would be constructed on the site. Deputy City Administrator Martin responded a fire hydrant would be required. Alderman Santi also inquired about potential parking lot lighting overflow to adjacent neighbors. Deputy City Administrator Martin stated the lighting plan has not been submitted for Staff review, but it would have to comply with City code. Alderman Santi inquired if there would be drainage issues resulting from the project. Deputy City Administrator Martin responded the McHenry County Groundwater Management Ordinance must be followed which states that the rate of surface water runoff following development of the property cannot exceed the rate of flow prior to development. Alderman Glab noted Staff did an excellent job of covering all aspects of the proposal and in providing the information to Council. He stated he does have some concerns. He recalled a previous promise that the property would remain single-family residential. Alderman Glab stated he does not like the configuration of the plan and opined the project density is higher than what is appropriate for the property. He further noted it would be a travesty if this project were to be approved. More research needs to be done before approving this type of development. Alderman Glab stated his belief that additional information is required regarding the Charles Miller Road Improvement Project before this type of development can be approved. May 11,2009 Page 7 Alderman Schaefer stated it appears preservation of right-of-way for the Charles Miller Road expansion has been taken into consideration on the site plan. Alderman Schaefer noted it is an attractive development and believes it could be a good buffer between Charles Miller Road and the McHenry Shores community. Alderman Murgatroyd indicated he has concerns regarding traffic congestion as well as the proposed ingress/egress for the project. Responding to Alderman Murgatroyd's inquiry regarding landscape issues, Jeff Letzter of Aspect Design Architects stated he expects to buffer the parking areas from Charles Miller Road. Answering further inquiry, Mr. Letzter stated the building height is approximately 26 feet. Alderman Murgatroyd inquired if there is certainty that Charles Miller Road Improvements would actually occur. City Administrator Maxeiner responded the County is currently undergoing Phase III Engineering and the project is 85%funded. Alderman Wimmer inquired if adequate parking was being provided for the development. City Administrator Maxeiner responded the parking, including the garage and open spaces, exceeds City code requirements. Alderman Wimmer then inquired if adequate open space was being provided in the development. Deputy City Administrator Martin responded sufficient open space was shown on the site plan. Alderman Peterson stated he does not see any difficulty with the apartments in proximity to single-family homes. He opined additional open space on the site would be preferable. He also expressed concerns that if this project is approved there might be similar projects developed to the east of the site. Alderman Peterson expressed concern that the widening of Charles Miller Road might require additional land would which would not be available if this project is approved and constructed. Alderman Condon stated this is a difficult piece of property. She acknowledged she is overwhelmed by the amount of opposition to the project. She stated she takes the residents' opposition to the project seriously. However, the developer seems to have met all of the required criteria and legal requirements. Alderman Condon noted Council must take into consideration what is in the best interest of the City as a whole. She admitted the widening of Charles Miller Road is a concern. City Administrator Maxeiner stated the widening of Charles Miller Road has been taken into consideration during the engineering of the project. Alderman Glab stated the City should not be so anxious to grant the zoning request until it is known how much property would be required for the Charles Miller Road expansion. He noted he has serious concerns with drainage issues in the McHenry Shores Subdivision. He opined the new development should make accommodations for existing developments. Alderman Glab stated the City should wait until engineering for the Charles Miller Road expansion has been completed before approving any development in this area. He opined further discussion of the project should be tabled. May 11,2009 Page 8 Alderman Condon inquired if the garages would be constructed if desired by the --� tenants. Mr. Kotiw responded garages tend to be occupied. Typically, demand exceeds supply. The plan at this time is to build the garage concurrent with the apartments. Alderman Condon noted if Council based every decision on "what if" matters, i.e. the unknowns of the Charles Miller Road expansion, no decisions would ever be made. She noted a decision has to be made on what issues are currently known and before Council at this time. Alderman Santi noted since Charles Miller Road and the bridge were constructed, only about three developments have come before Council for consideration. He noted no one has suggested a single-family home development. Deputy City Administrator Martin stated a house may have been built, but no developments have come forth. Alderman Glab stated again additional time should be taken before a decision is made regarding this project. Alderman Murgatroyd suggested the motion reflect that the building cannot be higher than two stories. City Attorney McArdle stated it could be done, but it would be illegal. He noted the applicant would have to start the process over again and proceed in another way. Motion by Santi, seconded by Murgatroyd, to consider the deliberations of the Planning and Zoning Commission, and to accept Staffs recommendation to approve an ordinance granting a Zoning Map Amendment from E Estate to RM-2 High Density Multi-Family District, to David Kotiw for his property located at 3320 Bull Valley Road. Voting Aye: Santi, Schaefer, Murgatroyd, Condon. Voting Nay: Glab,Wimmer, Peterson. Absent: None. Motion carried. REQUEST FOR VARIANCE TO ALLOW ADDITIONAL SIGNAGE AT MCHENRY COMMONS SHOPPING CENTER Deputy City Administrator Martin stated a request was submitted by Regency Centers for a variance to allow a 150 square foot temporary banner on their property located at McHenry Commons Shopping Center. The banner would be attached to the front fagade of the building. The request includes an extension of the maximum allowed 60 cumulative days for temporary sign display. Deputy City Administrator Martin noted Staff reviewed the request and believes in order to maintain the economic viability of the shopping center, the variance is acceptable, subject to a 12-month term. Alderman Glab stated he could not support the request. He opined the banner would be -- unsightly. May 11,2009 Page 9 Alderman Schaefer stated the City needs to do everything possible to support the visibility of the lease options for the property. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to approve a variance requested by Regency Centers to allow a 150 square foot temporary advertising banner on the front fagade of the building located at McHenry Commons Shopping Center for a maximum of twelve months. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR RIDGE ROAD RESURFACING — SEC GROUP, IN THE AMOUNT OF$20,000 City Administrator Maxeiner stated the American Recovery and Reinvestment Act (ARRA) has earmarked approximately $4.7 million for transportation projects for local governments in McHenry County. The McHenry County Council of Mayors decided to divide the allocation equally among its members. City Administrator Maxeiner noted the City submitted the Ridge Road Resurfacing for ARRA funding and it was approved. SEC Group estimates the total cost of construction including Phase III engineering at $262,105 (100% funded by ARRA) and the project will be let for bid in June 2009. City Administrator Maxeiner stated SEC Group has submitted a proposal for Phase I and II engineering to include completing and submitting all required forms to IDOT and Chicago Metropolitan Agency for Planning (CMAP), as well as preparation of contract plans, specifications and estimates. The proposal is in the amount of$20,000 which will be charged to the MFT Fund. City Administrator Maxeiner stated it is Staffs recommendation to approve an engineering services agreement for Ridge Road Resurfacing in the amount of$20,000 with SEC Group as presented. Alderman Condon requested clarification as to whether the agreement is in an amount not-to-exceed or a lump sum. Steve Cieslica of SEC Group acknowledged the agreement is in a lump sum amount. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to authorize the Mayor's execution of an engineering services agreement with SEC Group for the Ridge Road Resurfacing in the amount of$20,000. May 11,2009 Page 10 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. --� Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT There was no statement or report by Mayor Low. COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee Meeting is scheduled for Wednesday, May 13, 2009 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Condon, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition. Voting Aye: Santi, Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council adjourned to Executive Session at 9:12 p.m. Motion by Condon, seconded by Wimmer,to go back into Open Session at 9:42 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:42 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken with regard to matters discussed in Executive Session. May 11,2009 Page 11 ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 9:43 p.m.. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:43 p.m. Mayor City ler