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HomeMy WebLinkAboutMinutes - 06/28/2010 - City Council REGULAR MEETING JUNE 28, 2010 Mayor Low called the regularly scheduled June 28, 2010 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Finance Director Black, Construction and Neighborhood Services Director Schwalenberg, Chief of Police Brogan, City Engineer Ed Coggin. PUBLIC HEARING: 2010/2011 APPROPRIATION ORDINANCE Finance Director Black stated each year the City is required to pass its Appropriation Ordinance within the first quarter of its fiscal year (May 1 — July 31'). The Appropriation Ordinance provides the legal authority under state statute to allocate funds for specific spending activities. The Ordinance also establishes the City's legal spending limit for the fiscal year. Prior to approving the Ordinance,the City is required to conduct a public hearing to offer an opportunity for the public to comment on it prior to its adoption. Notice of the Public Hearing was published in the Northwest Herald on June 9, 2010. He noted the total amount of this year's Appropriation Ordinance is$37,458,687. Mayor Low opened the Public Hearing to consider the 2010/2011 Appropriation Ordinance in the amount of$37,458,687 at 7:32 p.m. Alderman Glab inquired as to the projected overtime for Public Works Employees delineated on pages 7 and 8 of the Ordinance. Director Black responded from his recollection of past history, the overtime in the Water and Wastewater Divisions of Public Works is utilized due to call outs, water main breaks, sewer back-ups, etc. He noted he would investigate this matter further. In response to Mayor Low's inquiry, there were no questions from the audience regarding this matter. City Clerk Jones reported there had been no written or verbal comments or questions received in the Clerk's Office regarding the Ordinance. Motion by Santi, seconded by Blake, to close the Public Hearing regarding the consideration of the Fiscal Year 2010/2011 Appropriation Ordinance at 7:34 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION OF AND ACTION ON 2010/2011 APPROPRIATION ORDINANCE Mayor Low requested a motion regarding the adoption of the Fiscal Year 2010/2011 �' Appropriation Ordinance. Regular Meeting Page 2 June 28,2010 Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation to approve the Fiscal Year 2010/2011 Appropriation Ordinance as presented in the amount of $37,458,687. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PUBLIC HEARING: FOURTH AMENDMENT TO INLAND BUSINESS PARK ANNEXATION AGREEMENT In attendance were John Cunat, Stefanie Spitson, and Kevin Villont, representing Cunat Inc. Deputy City Administrator Martin stated the Final Plat of Patriot Estates Subdivision was approved by Council in 2006. Patriot Estates is a mixed-use 55 and older community. The subdivision consists of 101 single-family dwelling units, 203 townhome dwelling units and 100 attached duplex dwelling units. Each housing type is segregated from the others. Cunat Inc., developer of the subdivision, is requesting to amend the second amendment to the Inland Business Park Annexation Agreement which allowed the Cunat development of Patriot Estates as a 55 and older community. Cunat would like to amend the Agreement to allow the removal of the 55 and older age restriction on the 203 townhomes within the subdivision. Staff has reviewed the request and supports the amendment to the Agreement. Deputy City Administrator Martin noted prior to considering an amendment to the Agreement, however, the Council must hold a Public Hearing to provide the public with an opportunity to comment regarding the proposal. Mayor Low called to order the Public Hearing regarding the proposed Fourth Amendment to the Inland Business Park Annexation Agreement at 7:36 p.m. Alderman Santi inquired if Staff or the developer had concerns regarding parking and/or accommodations for children as a result of the age restriction being relaxed. Deputy City Administrator Martin responded Staff has no concerns regarding either of these issues. Alderman Condon stated she was initially concerned regarding the request, but after reviewing the supporting documentation she sees the rationale and supports the amendment. Alderman Glab stated he was not initially in favor of the project. He inquired if Staff has statistics regarding the impact of traffic in the area if age restrictions are removed. He suggested changing the product rather than removing the age restrictions. He inquired how the City would benefit by removing the restrictions. Deputy City Administrator Martin responded removing the restrictions on the townhomes would enable the developer to sell more units and revitalize the development. Regular Meeting Page 3 June 28,2010 Alderman Schaefer inquired if there would be open space in the area for recreation. Deputy City Administrator Martin noted the subdivision plan stands as previously approved. Alderman Schaefer asked the bedroom configuration for the townhomes. Mr. Villont responded the townhomes are all either one or two bedroom units. Alderman Peterson stated if he realized the project was not going to be age-restricted, he would have looked for a different configuration. He stated he has issues with the proposed amendment. Mr. John Cunat addressed Council stating he believes there would be few young families in the units. He stated he would be happy to change the configuration (i.e. rose garden) to accommodate the community. He opined young people and divorced persons also need affordable housing. Alderman Peterson inquired as to the number of units which have been built. Mr. Cunat responded sixteen units have been built; four units per building, and four buildings are completed. There are 203 townhome units proposed on the Final Plat. Mr. Cunat noted none of the residents on the site have expressed a problem with removing the age restriction for the townhomes. Alderman Condon stated she does not believe a playground would be appropriate since the property would not be necessarily marketed to families. Alderman Blake stated he could see the parking becoming an issue in spite of two-car garages for each unit. Mr. Cunat responded parking can be limited with "no parking" signs. Alderman Glab expressed concern with the density of the development and with what kind of complex is being constructed. He stated there is a difference between single family homes and an apartment-type complex. Alderman Schaefer inquired if Cunat Inc has received any recent inquiries from those 54 and younger. Mr. Cunat responded no, because the property is being marketed as age- restricted. Alderman Peterson inquired as to the density per acre. Mr. Cunat responded he does not know that information without referring to the final plat. Alderman Peterson inquired as to the price range of the townhomes. Mr. Villont responded the townhomes start at $145,000 in Patriot Estates and $159,000 in the adjoining Prairie Lakes Subdivision. Alderman Santi made note of the demographics and differences in the townhome products of Prairie Lakes and Patriot Estates. He noted the City Council would like to assist .�, businesses in the community. However, he stated parking is a bit of a concern. Regular Meeting Page 4 June 28,2010 Alderman Glab inquired as to the setback of the townhome buildings. Mr. Villont responded the setback is 30 feet. Alderman Glab opined 30 feet is not sufficient space to park four cars. Mr. Cunat noted the 30-foot setback is from the lot line. Mayor Low opened the floor to comments and questions from the audience. Michael Vick of 900 Yorktown in Patriot Estates addressed Council. He stated the annexation agreement should be modified to remove the age restrictions from all units or the request should be denied. He stated he purchased his unit in 2008 with the understanding there was an age restriction imposed on the property. He opined removing the age restriction would impose a negative impact on the age-restricted townhomes which comprise 50% of the development. Mr. Vick stated that would impose a financial burden on the age-restricted housing owners with increased association dues. Mr. Vick stated he feels Patriot Estates amenities might deteriorate more quickly. He said that if the age restriction was removed he would like Cunat Inc to buy his units at the price he paid. Mayor Low requested a motion to close the Public Hearing. Motion by Wimmer, seconded by Condon, to close the Public Hearing regarding the Fourth Amendment to the Inland Business Park Annexation Agreement at 8:12 p.m. Voting Aye: Santi, Glab, Schaefer, Blake. Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION OF AND ACTION ON ORDINANCE APPROVING THE FOURTH AMENDMENT TO THE INLAND BUSINESS PARK ANNEXATION AGREEMENT Deputy City Administrator Martin stated Staff has had conversations with Mr. Vick and the Cunats together with City Attorney McArdle. He noted the City has found no violations to date with regard to the age restrictions of the development. Deputy City Administrator Martin stated Staff has prepared an ordinance providing for the approval of the Fourth Amendment to the Inland Business Park Annexation Agreement. The amendment would remove the age restrictions from the townhome portion of the Patriot Estates Subdivision only. He noted the proposed amendment requires a 4 majority (six votes) to pass and includes the Mayor's vote on the issue. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to: • pass an ordinance providing for the Fourth Amendment to the Inland Business Park Annexation to remove the age restrictions on the townhome portion of the Patriot Estates Subdivision; and Regular Meeting Page 5 June 28,2010 • authorize the Mayor and City Clerk's execution of the Fourth Amendment to the Inland Business Park Annexation Agreement. Voting Aye: Santi, Blake, Wimmer, Peterson, Condon, Low. Voting Nay: Glab, Schaefer. Absent: None. Motion carried. PUBLIC INPUT SESSION Therese Peterson of 1106 Crane Drive, Sleepy Hollow, addressed Council noting she does not live in McHenry. She stated it is important that Council knows what is happening with the City employees. She noted her daughter, Mary Lee Eschbach was a former employee of the City of McHenry Police Department. She has undergone two surgeries and was advised by her doctors that she could no longer perform her duties as a police officer. She subsequently worked in dispatch and applied for workers compensation. Ms. Peterson stated the City's Police Pension Board denied her pension request and worker's compensation advised they would no longer pay her disability. She is currently working for Speedway at $8.80 per hour and Ms. Peterson feels this is unjust and wanted Council to be aware of the situation. CONSENT AGENDA Motion by Wimmer, seconded by Santi,to approve the Consent Agenda as presented: �..� A. Block Park Requests: Jim Bowles,3004 West Miller Drive,McHenry Shores,Saturday,July 24th; Tome and Marge Fellberg,2505 Eisenhower Boulevard,Liberty Trails,Saturday,August 14th; B. Special Use/Picnic Permits; C. List of Bills: ADAMS ENTERPRISES INC, R 89.42 ADAMS STEEL SERVICE INC 161.40 AHERNS, JEREMY 100.00 ALEXANDER EQUIPMENT COMP 53.40 AMELIO, ROBERT 258.50 AMERICAN RED CROSS OF GR 4.00 ARVIDSON POOL & SPAS - C 773.98 AT&T 3,629.99 AT&T LONG DISTANCE 86.66 AUTO TECH CENTERS INC 405.01 BANK OF NEW YORK, THE 225.00 BAXTER & WOODMAN 1,803.50 BENTZ, DONALD J 127.50 BERKHEIMER CO INC, G W 119.25 BREMER, CURTIS H 156.00 BRENNAN, DAN 1,575.00 BUSS FORD SALES 1,662.02 CAPITAL GAINS INCORPORAT 4,385.00 CDW GOVERNMENT INC 1,428.73 CERNY, ANA 40.00 CHEMICAL PUMP SALES & SE 181.70 CHICAGO INTERNATIONAL TR 135.37 COMCAST CABLE 75.79 COMED 543.27 CONNEY SAFETY PRODUCTS 255.23 CONSERV FS 68.50 �`� CONSTELLATION NEWENERGY 13,336.71 Regular Meeting Page 6 June 28,2010 CRESCENT ELECTRIC SUPPLY 257.09 ^� CURRAN CONTRACTING COMPA 13,725.10 CUSTOM LANDSCAPING 840.00 CVS WHOLESALE FLAGS 221.95 DAHLSTROM DISPLAY 30.00 DECKER SUPPLY CO INC 1,945.90 DELISI, PHIL 200.00 DEMARAIS, DAVE 30.27 DIXON ENGINEERING INC 3,250.00 DOCUMENT IMAGING DIMENSI 904.00 DONS CLEANERS 20.80 DR GLOBALDIRECT INC 999.99 DREISILKER ELECTRIC MOTO 108.60 ED'S RENTAL & SALES INC 6.93 EJ EQUIPMENT 253.16 FISCHER BROS FRESH 1,916.26 FLESCH COMPANY INC, GORD 438.45 FOWLER, JEFF R 138.00 FOXCROFT MEADOWS INC 1,182.12 FRANKLIN, JIM 195.00 GALLAGHER RISK MANAGEMEN 60.00 GAMETIME 4,268.00 GARDEN QUARTER NEIGHBORH 1,000.00 GLEASON, KIM 157.00 GOLD MEDAL PRODUCTS 1,874.44 GOLDMAN, CASEY 45.00 GRAINGER 177.84 GROWER EQUIPMENT & SUPPL 487.00 HACH COMPANY 590.41 HALOGEN SUPPLY COMPANY 2,926.40 HARM'S FARM 26.91 HAWKINS INC 1,488.47 HERITAGE-CRYSTAL CLEAN L 125.97 HP SHOOTING CENTER INC 70.00 IER COMPUTER 83.16 ILLINOIS RURAL WATER 132.00 INTERNATIONAL FIRE EQUIP 151.54 INTERSTATE BATTERY SYSTE 99.60 JENSEN'S PLUMBING & HEAT 176.25 JULIE INC 359.25 KDS TECH SERVICES INC 336.50 KIMBALL MIDWEST 737.81 LAKESIDE PEST CONTROL SE 100.00 LAMBERT, FRANCES B 202.00 LAMBERT, MARISSA 32.00 LANG PONTIAC-CADILLAC-SU 158.92 LEXISNEXIS 113.50 MAZZUCA, JOE 253.00 MCCANN INDUSTRIES INC 39.52 MCHENRY ANALYTICAL WATER 445.00 MCHENRY AREA CHAMBER OF 900.00 MCHENRY COUNTY COUNCIL O 7,207.65 MCHENRY COUNTY RECORDER 1,041.50 MCHENRY FIRESTONE 1,864.47 MCHENRY SPECIALTIES 49.00 MCMAHON, JASON 111.23 MEADE ELECTRIC COMPANY I 15,341.15 METROPOLITAN INDUSTRIES 460.00 MID AMERICAN WATER OF WA 100.15 MIDCO 788.26 MIDWEST HOSE AND FITTING 12.70 MIDWEST METER INC 646.04 MILLER MONUMENT COMPANY 531.00 MINUTEMAN PRESS OF MCH 297.12 MOORE, KEVIN 178.50 NATIONAL INTERNATIONAL R 1,840.00 NEXTEL 1,834.02 NICOR GAS 333.46 i NORTH EAST MULTI-REGIONA 70.00 NORTHWEST HERALD 211.60 Regular Meeting Page 7 June 28,2010 OLD TOWN PIZZA 38.00 ORIENTAL TRADING CO INC 134.80 OTTOSEN BRITZ KELLY COOP 280.00 PEARCE, JAMISON 98.00 PEPSIAMERICAS 848.14 PETROLIANCE LLC 4,259.07 PETROW, STEPHANIE S 40.00 PITEL SEPTIC INC 675.00 PRO PLAYER CONSULTANTS I 1,440.00 PROMISING PICASSOS INC 145.00 R&S FENCE COMPANY 60.00 RICHMOND FISHERIES 1,000.00 RIDGEVIEW ELECTRIC INC 1,594.20 RIETESEL, BYRON 90.00 RIVERSIDE ANIMAL CLINIC 101.80 ROBERTS, PATRICIA J 304.00 SAFARI LAND LLC 558.00 SCHOPEN PEST SOLUTIONS 165.00 SCHULHOF COMPANY 216.08 SEC GROUP INC 1,211.00 SECRETARY OF STATE / POL 99.00 SECRETARY OF STATE/INDEX 10.00 SHANNON, JERI 35.00 SHERMAN MECHANICAL INC 6,957.00 SHERWIN INDUSTRIES INC 2,226.50 SMITH & ASSOCIATES INC, 246.86 SPRINT 114.16 STANDARD INDUSTRIAL & AU 400.00 STAPLES BUSINESS ADVANTA 327.00 TEGTMEIER, TERRY 184.00 THOMAS TRUCKING INC, KEN 720.00 TRAFFIC CONTROL & PROTEC 737.26 ULTRA STROBE COMMUNICAIT 366.42 UNITED LABORATORIES 178.81 VALENTINES REPAIR 49.35 VERIZON WIRELESS 133.21 w.� VIKING CHEMICAL COMPANY 9,476.89 VOLTAGE ONE INC 533.26 WAGGONER, CAROL A 800.00 WALMART COMMUNITY 425.86 WATER SOLUTIONS UNLIMITE 4,700.00 WEST PAYMENT CENTER 146.00 WITT, CINDY 28.68 ZAHN, DAN 280.00 ZEP SALES & SERVICE 257.96 ZUKOWSKI ROGERS FLOOD & 11,350.00 GRAND TOTALS 162,921.20 FUND TOTALS GENERAL FUND 90,266.87 PAGEANT FUND 224.00 TIF FUND 408.00 DEBT SERVICE-1997A FUND 225.00 WATER/SEWER FUND 45,810.95 RISK MANAGEMENT FUND 10,891.00 INFORMATION TECHNOLOGY FUND 4,482.38 RETAINED PERSONNEL ESCROW 6,228.00 POLICE PENSION FUND 4,385.00 TOTALS 162,921.20 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 8 June 28,2010 REQUEST FOR MINOR VARIANCE—JASON GOLNICK 3317 VENICE AVENUE In attendance was applicant and homeowner Jason Golnick of 3317 Venice Avenue. Deputy City Administrator Martin stated Mr. Golnick is seeking a minor variance to allow an addition to his residence located at 3317 Venice Avenue. As the home is currently situated only five feet from the interior side lot line, Mr. Golnick is seeking a variance which would allow him to add on to the building while maintaining the same five foot setback. The Zoning Ordinance requires a six foot setback. Deputy City Administrator Martin noted the Planning and Zoning Commission held a Public Hearing to consider the request on June 17, 2010 and unanimously recommended the minor variance be granted. In addition, in light of Mr. Golnick's current family situation, Staff concurs with the request to allow him a two-year period in which to begin construction. Alderman Schaefer inquired if during the two year period Mr. Golnick sells the property would the variance remain with the property. Deputy City Administrator Martin responded in the affirmative. Motion by Schaefer, seconded by Blake, to accept the unanimous recommendation of the Planning and Zoning Commission to: • Pass an ordinance granting a minor variance to Jason Golnick for his property located at r- 3317 Venice Avenue to allow a five foot interior side yard setback on the subject property; and • That the construction of the addition to the residence on the premises must commence within two years of the date of said ordinance approving the minor variance. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CLASS F(2) LIQUOR LICENSE FROM WAL-MART STORES INC D/B/A WAL-MART STORE #1377 LOCATED AT 2019 NORTH RICHMOND ROAD: AND ORDINANCE INCREASING THE NUMBER OF CLASS F(2) LIQUOR LICENSES FROM NINE TO TEN Mayor Low stated a request was submitted by Wal-Mart seeking a liquor license for its store located at 2019 North Richmond Road. All appropriate paperwork and fees have been paid. Wal-Mart is seeking the license to add packaged beer and liquor sales to their stores nationwide. The manager of the local store was fingerprinted as required by ordinance. Mayor Low stated it is her recommendation to approve issuance of a Class F(2) Liquor License and that an ordinance be approved increasing the number of Class F(2) Liquor Licenses from nine to ten. , Regular Meeting Page 9 June 28,2010 Alderman Blake stated he has some issues with granting the license with the possibility of Wal-Mart moving. Mayor Low noted the local store manager is unable to answer the question regarding a potential move of the local store. That question remains unanswered. Mayor Low stated that the City should do everything possible to keep Wal-Mart in the City of McHenry. Alderman Condon, noting the large number of cashiers at Wal-Mart, inquired who would be BASSET trained. Wal-Mart store manager Jim Hattendorf was in attendance, and responded that all cashiers would be BASSET trained. Motion by Santi, seconded by Condon, to accept Mayor Low's recommendation to: • Grant an F(2) Liquor License to Wal-Mart Store #1377 located at 2019 North Richmond Road; and • Pass an ordinance increasing the number of Class F(2) Liquor Licenses from nine to ten; Subject to satisfactory fingerprint results and BASSET certification for all employees involved with the sale of alcoholic beverages. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID FOR SANITARY SEWER SYSTEM IMPROVEMENTS PART A TO MERRYMAN EXCAVATION INC IN THE AMOUNT OF $2,209,470.22 Deputy City Administrator Martin stated on January 18, 2010 Council authorized Staff to bid for sanitary sewer system improvements. The improvements have been grouped together as follows: • Part A: Construction of the wastewater conveyance line between the CWWTP and SWWTP; • Part B: Improvements to the wastewater pump station at the CWWTP; • Part C: Construction of the screen unit building at the SWWTP. Deputy City Administrator Martin noted bids were previously awarded for Parts B and C on March 15, 2010 at Council's regularly scheduled meeting. Part A was deferred until such time as the City was able to secure easements to accommodate placement of the conveyance line. The easements have been acquired and Staff sought bids for Part A. Bids were opened on June 15, 2010 with the lowest bid being submitted by Merryman Excavating in the amount of $2,209,470.22. This figure was below the City's engineer's estimate of$2,700,046.58. Deputy City Administrator Martin stated it is Staff's recommendation to award the bid for the construction of the wastewater conveyance line between the CWWTP and SWWTP (Part A of the sanitary sewer system improvements) to Merryman Excavating in the amount of 'L Regular Meeting Page 10 June 28,2010 $2,209,470.22. He noted this is a unit-based contract. He noted Ed Coggin from SEC Group is in attendance to answer any questions regarding this matter. Alderman Wimmer stated he is glad the project is moving forward. Alderman Peterson inquired what is meant in line 17,$175,000 for traffic control and protection. SEC Group engineer Ed Coggin responded this line item surprised SEC as well. Alderman Peterson inquired about the other costs and inquired how the amounts were considered. Mr. Coggin responded the two ends of the conveyance line are fixed. The quantity estimates are close. He noted that is one of the reasons SEC recommended bid award to Merryman Excavating. He noted the last project Merryman Excavating was involved in (in another community) came in under bid. Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to award the bid for Part A of the sanitary sewer system improvements, construction of the conveyance line between the CWWTP and SWWTP, to Merryman Excavating in the amount of$2,209,470.22. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low congratulated the City's Landmark Commission on its Petersen Farm event held last weekend and noted it was well-attended. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Assistant City Administrator Hobson reported the Fireworks display is scheduled for Saturday, July 3rd at Petersen Park at dusk. Gates open at 4 p.m. He also reported Fiesta Days begins on July 9th with music, activities and food fest all weekend. FUTURE AGENDA ITEMS Alderman Peterson reported a resident who lives on what was formerly known as Draper Road contacted him. He noted the road has been changed to Curran Road and stated the resident is still listed as living on Draper Road in the telephone directory. Alderman Peterson requested Staff assistance to resolve this matter. Deputy City Administrator Martin stated he would take care of the matter. Alderman Glab noted Council has done good things in the past and has made mistakes , in the past as well. Council creates laws for the City. He noted he has observed signs remaining Regular Meeting Page 11 June 28,2010 in the right-of-way long after events are over. He would like to see this matter addressed and ordinances being followed. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:43 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:43 p.m. Mayor' City Clerk