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HomeMy WebLinkAboutMinutes - 08/05/2002 - City Council REGULAR MEETING AUGUST 5, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, August 5, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, Assistant Administrator Lockerby, City Clerk Jones, City Attorney Cahill, Director Public Works Marcinko, Director Community Development Napolitano, Director Parks and Recreation Merkel and Chief of Police O'Meara. Absent: None. Mayor Althoff announced the Meyer Material Annexation discussion is not on the Agenda but is scheduled to take place on August 12, 2002. TEN MINUTE PUBLIC INPUT Ms. Judy Juske of 2907 Cherryhill Court addressed Council stating she is a resident of the Martin Woods Subdivision. Ms. Juske spoke on behalf of McCORE requesting Council consider three items concerning Meyer Material: • Control of the pit, City of McHenry versus County of McHenry; o Materials obtained from IDOT were provided to the City. McCore feels the documents speak for themselves and hopes the City has had an opportunity to review them in detail. o Five errors were discovered on the comparison sheet provided to the City, by McCORE, at the Public Hearing. Those errors have been highlighted and corrected and new comparison sheets were distributed. • McCORE questions the City of McHenry arguments regarding the proposed use of the AMLI property by Wonder Lake • McCORE believes it fiscally irresponsible to plan a 3-year revenue flow thirteen years into the future. The revenue flow from Meyer Material will not be altered for thirteen years. Ms. Juske informed Council McCORE has been communicating with a group called SOUL (Save Our Undeveloped Land) in an effort to inhibit this type of industrial development in the area. Ms. Jennifer Soti of 905 North Draper Road, across from the Shamrock Farm development, stated her family took position of the residence approximately one year ago. Due to the dust created by the construction she has found it necessary to remove her swimming pool. Additionally, Ms. Soti inquired if there is an ordinance governing construction works-and hours of operation. She noted construction begins daily at 7:00 a.m. continuing until 7:30 p.m. and Saturday from 7:00 a.m. until 3:00 p.m. Director of Community Development Napolitano stated there is an ordinance on file addressing the hours of construction, which he believes to be 7:00 a.m. to 7:00 p.m. on weekdays and 8:00 a.m. to 4:00 p.m. on Saturdays. -� Responding to Ms. Soti's question regarding the dust issue Mayor Althoff stated the Final Plat of Subdivision for Shamrock Farms Neighborhoods 3 and 9 is before Council tonight and inquiry will be made regarding containment of the dust. August 5, 2002 Page 2 CONSENT AGENDA Motion by Bolger, seconded by Glab, to approve the Consent Agenda as presented: ■ Block Park Request 4quest Ron Bielski, Mill Creek Subdivision; ■ to connect to police alarm panel from McHenry Bank and Trust, 2205 N. Richmond Road ■ Recommendation to purchase test bench equipment for water metering conversions from Mid-American Water, not to exceed $6,210.11 ■ Reject bids received for Public Works diesel fueled cargo van and approve request to advertise for bids for gasoline fueled cargo van ■ Ordinance amending Chapter 26 of the Municipal Code, Bulk Water Rates; ■ Request to approve an ordinance changing the address of 4816 Joyce Lane to 103 Cross Trail. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO AUTHORIZE TRKLA PETTIGREW ALLEN & PAYNE INC. TO DEVELOP A DOWNTOWN TAX INCREMENT FINANCE PLAN NOT TO EXCEED 69100 Mayor Althoff introduced John Houseal, a principal with Trkla, Pettigrew, Allen & Payne (TPAP). Mr. Houseal explained the intention of the Downtown Tax Increment Financing (TIF) Plan is to guide the development and redevelopment of the entire downtown area. A Downtown TIF Plan provides a more definitive plan for redeveloping McHenry's downtown areas including the TIF District and Main Street, which is not addressed in the existing Comprehensive Plan. Mr. Houseal informed Council the Downtown TIF Plan will: • Complement the City's existing Comprehensive Plan; • Establish a vision for the downtown, defining its desired character, image and sense of place; • Identify the strengths, weaknesses and potentials within the downtown area in relation to the City's two other commercial retail areas; • Incorporate the current TIF and Riverwalk plans into the new Downtown TIF Plan document; • Identify both public and private key redevelopment and improvement projects which might be undertaken; and _ • Provide more detailed guidance on a block-by-block basis on downtown issues such as zoning, design and development guidelines, parking and circulation, pedestrian amenities, streetscaping and implementation. Mr. Houseal informed Council TPAP proposes a five-phase plan work program for preparing the Downtown Plan in anticipation of the proposed Riverwalk and TIF sponsored August 5, 2002 Page 3 redevelopment. He stated TPAP estimates the five-phase program can be completed in no more than six months and includes: • Analyzing existing conditions • Identifying issues and concerns • Establishing an overall vision for Downtown • Developing and evaluating alternative plans and potential development projects and • Preparing final Downtown Plan recommendations. Mr. Houseal stated the five-phase program consists of the following: Phase 1 Community Outreach. Will entail several work activities designed to involve property owners, businesspersons and residents in the planning program. Phase 2 Data Collection and Analysis. Will entail the collection and analysis of information regarding existing conditions and future potentials within the Downtown. Phase 3 Establishing a Vision. Establish an overall vision for the future of Downtown McHenry to provide focus and direction for subsequent planning and redevelopment activities. Phase 4 Preliminary Plans and Projects. Based upon agreements reached in Phases 2 and 3, Phase 4 will entail the identification and evaluation of potential downtown improvements and development projects and actions. Potential projects will be described in written and graphic format to easily assess and compare alternatives. Phase 5 Downtown Plan Document. Entails preparation of an initial draft of the Downtown Plan and a revision of the initial draft, which will become the final version of the McHenry Downtown Plan and supporting graphics. It is anticipated the final McHenry Downtown Plan will provide a strong marketing tool for the City to utilize in its ongoing economic development activities. Mr. Houseal stated the proposed scope of work will focus on the key issues and concerns already identified by the City and entail a high degree of local input and participation. It was suggested a Project Advisory Committee be established to work with the consultant throughout the course of the study. Presentations at regularly scheduled Council meetings will be undertaken at key junctures to present information, discuss findings and conclusions, and establish consensus, before entering the next phase of the program. Mayor Althoff stated the costs associated with the development of a Downtown TIF "�- Plan for McHenry are not to exceed $69,100. The fees would be aid b p y grant funds pledged to the project, which currently total $1.2 million. August 5, 2002 Page 4 Responding to Alderman Bolger's comments concerning the cost of the project, Mr. Houseal opined considering the information already accumulated by the City of McHenry he believes the cost would be lower than the projected amount. Alderman Glab opined the process should be initiated but no decisions should be made until after the 2003 April Consolidated Election to ensure ratification by the City's newly elected aldermen. Responding the Alderman Bolger's inquiry Mr. Houseal stated due to the scope of work a contract would be drafted for review by the City's legal counsel, and, upon approval by the City Council, work would begin immediately. Responding to Alderman Murgatroyd's inquiry regarding City Staff involved in the project, Mayor Althoff deferred to Assistant Administrator Lockerby as the point person in charge of the project. Assistant Administrator Lockerby informed Council to date the Community Development Department and Administration Department have partnered to assure all aspects of the Plan have been reviewed and conform with requirements of the municipality. Responding to Alderman Murgatroyd's inquiry regarding formation of the Project Advisory Committee, Mayor Althoff stated the Committee will be formed following formal approval of the contract and recommendations will be brought before Council for approval. Motion by Murgatroyd, seconded by Low, to authorize Trkla, Pettigrew, Allen & Payne, Inc. to develop a Downtown TIF Plan, in an amount not to exceed $69,100. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONNECTION TO MUNICIPAL WATER AND SANITARY SEWER AT 1803 NORTH RIVERSIDE DRIVE Mr. Paul Pease, applicant and owner of 1803 N. Riverside Drive, addressed Council. He acknowledged the property is located in unincorporated McHenry and is requesting Council's approval to connect to municipal water and sewer prior to annexation of the property to the City of McHenry. Mr. Pease stated the well on his property has gone dry and is no longer able to provide sufficient potable water to his tenants. Director of Community Development Napolitano informed Council Mr. Pease contacted him regarding annexing the property to the City and has indicated his intentions to do so. Director Napolitano stated the property is contiguous to the City and water and sewer lines are available along Riverside Drive. Director Napolitano stated the Applicant's request is similar to another recently approved by Council whereby the property owner was permitted to hook-up upon payment August 5, 2002 Page 5 of non-resident fees and given 90-days to annex to the City. Upon annexation the City refunds the non-resident portion of the fees to Applicant. Staff has no concerns with the request provided a deadline is established for annexation. Alderman Glab suggested, for future requests of this nature, Council should consider denying the refund of the non-resident fees to the Applicant unless the annexation process has already been initiated. Motion by Bolger, seconded by Wimmer, to approve the request for connection to municipal water and sewer for the property located at 1803 North Riverside Drive, subject to: 1. The property being annexed to the City of McHenry within 90 days after approval of connection by the Council; and 2. Payment of the required connection and capital development fees for non-resident, with a refund of the non-resident portion of the fees to Applicant upon annexation within 90 days. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE FROM BLIMPIES SANDWICH SHOP LOCATED IN THE LIBERTY SQUARE MALL Attorney Jim Cowlin addressed Council on behalf of Petitioner, Michael Nicholas, owner of Blimpie Sandwich Shop. Attorney Cowlin informed Council the Petitioner is requesting a variance to the City's sign ordinance, based upon the configuration of the Liberty Square Mall and the location of Blimpie, at the southwest corner of Route 31 and Shamrock Lane. Petitioner is requesting approval of a variance to allow two additional wall signs. The space to be occupied by Blimpie is at the corner of the retail building along Route 31 and Petitioner would like to take advantage of the additional exposure to advertise his business. Director of Community Development Napolitano stated the City's sign regulations allow one wall sign, totaling 37.5 square feet, 1.5 sq. ft. per foot of building frontage. One wall sign is proposed for the front of the building over the store entrance facing the parking lot. Director Napolitano noted two additional 14' x 4' wall signs are proposed by Petitioner, one on the east facade facing Route 31 and one on the south facade of the building. With the addition of the east and south facade signs Blimpie's would have a total of three signs totaling 149.5 square feet. Director Napolitano noted due to the location of the store Staff is of the opinion �- additional signage is merited. A sign on the east facade facing Route 31 is appropriate and would be visible to north and southbound Route 31 traffic. Staff is not in favor of a sign on the south facade, believing such a sign would set an undesirable precedent. August 5, 2002 Page 6 Alderman Bolger opined he would support Staffs recommendation of one additional sign on the east fagade, but is not in favor of an abundance of signage in the area. Mr. Cowlin suggested the Petitioner is willing to reduce the size of the signs on the east and south fagades to 10' x 3' each if Council is willing to approve the variance. Alderman Glab stated any signage on the back of the building is unacceptable. Alderman Low stated she encouraged retail in the Liberty Square Mall when the matter was brought before Council and opined she supports Blimpie's endeavor but is unwilling to support the Petitioner's request for a sign on the rear of the building. Motion by Bolger, seconded by Low, to recommend approval of one additional wall sign, of a size not larger than 14' x 4 , on the east building fagade. Voting Aye: Bolger, Low. Voting Nay: Glab, Murgatroyd, Wimmer. Absent: None. Motion denied. Responding to Mayor Althoffs suggestion Mr. Cowlin stated the Petitioner would appreciate Staff contacting the owner of the property regarding the possibility of a marquee sign, visible from Route 31, which would include logos of the businesses in Liberty Square Mall. APPROVAL OF FINAL PLATS OF SUBDIVISION FOR SHAMROCK FARMS NEIGHBORHOODS 3 AND 9 Mayor Althoff introduced Scott Vigor representative of Kimball Hill Homes. Mr. Vigor addressed Council stating Kimball Hill Homes is requesting approval of the Final Plats of Neighborhoods 3 and 9 in the Shamrock Farms Subdivision. Mayor Althoff noted concerns regarding some discrepancies between the originally approved Preliminary Plat and the Final Plats. Mr. Vigor noted Neighborhood 3 consists of 51 acres located between Draper Road and Curran Road. It is zoned RS-2 and contains 115 lots. As part of Neighborhood 3 improvements Draper Road would be relocated to a 90-degree intersection with Curran Road. Additionally, Dartmoor would be extended west. Mr. Vigor stated Neighborhood 9 consists of 34 acres located on the southeast side of Draper Road and west of the proposed Farmstead Drive. Mr. Vigor noted a slight modification has been made to the Final Plat of Neighborhood 9, due to poor soil conditions. The number of lots and homes remain the same, however. The road has been shifted to line up with Farmstead Drive, farther to the south, and a cul-de-sac has been added. August 5, 2002 Page 7 �- Responding to Alderman Murgatroyd's inquiry, Mr. Vigor stated the area containing the poor soil will remain open space and used for storm water management, with the area to be maintained by the homeowner's association. James Frayn, Vice President of Manhard Consulting, responding to Alderman Murgatroyd's inquiry, noted drainage swales would be utilized to convey surface water runoff across Draper Road to the storm water management facility. He stated this would be an appropriate use for the land with the poor soils. Director Napolitano informed Council the City Engineer has reviewed the Final Plat for Neighborhood 9 and voiced no concerns regarding the use of the soils at issue. Director Napolitano stated the City Engineer and the Public Works Department reviewed the Plats for both Neighborhood 3 and Neighborhood 9. He noted a few outstanding engineering issues in Neighborhood 3 making mention in particular of the following: • Easements are required along the west side of Curran Road for the lift station force main installation. Because the Applicant could not come to terms with the property owner on the west side, the east side property owner was contacted and agreed to grant an easement. The property owner has submitted a letter of intent to Kimball Hill Homes. • The subject property is not entirely located within the City of McHenry FPA. Application for an FPA amendment has been made, and approval is anticipated, although final approval has not been received. Alderman Glab opined, with regard to Outlot H of the Final Plat of Neighborhood 9, he would like to see curbcuts off of Dartmoor. City Administrator Lobaito stated the developer has not as yet submitted plans making it difficult to assess how many feet from the intersection curbcuts will be permitted. Discussion ensued regarding the resubdivision of Outlot H. City Administrator Lobaito assured Alderman Glab while Outlot H is part of the Final Plat no specific development plans are in place. Outlot H would remain in an undeveloped state until such time as the developer submits a resubdivision for the area. Alderman Glab requested specific language be included on the Final Plat indicating there are to be no curb cuts from Outlot H to Dartmoor Drive until such time as Outlot H is resubdivided and platted. Mr. Vigor agreed to insert the requested language on the Final Plat of Neighborhood 9. Responding to Alderman Glab's inquiry it was stated Outlot D would be maintained entirely by the homeowner's association. The Covenants, Conditions and Restrictions will be brought before Council for review prior to submission to the homeowner's association. Mayor Althoff inquired if Kimball Homes was able to address the issue of construction dust in response to Ms. Soti's concerns. Mr. Vigor stated two water trucks are �- currently in the area and Kimball Hill Homes would make every effort to work with the residents in the vicinity. August 5, 2002 Page 8 Alderman Bolger opined Staff has done an excellent job assessing the issues. Motion by Bolger, seconded by Wimmer, to direct Staff to prepare ordinances approving the Final Plats of Subdivision for Shamrock Farms, Neighborhoods 3 and 9 with the following conditions: • Subject property shall be completely located within the City of McHenry Facilities Planning Area (FPA); • Resolution of engineering items for Neighborhoods 3 and 9, to the satisfaction of the City Engineer and Public Works Department; • The Final Plat shall be recorded within six (6) months of City Council approval. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. _- Motion carried. RECOMMENDATION TO APPROVE AN ADDENDUM TO THE JOINT AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE ILLINOIS ROUTE 120 IMPROVEMENT PROJECT —' Director of Public Works Marcinko informed Council the Illinois Department of Transportation (IDOT) is in the process of finalizing the plans for a bid letting in September 2002 for the Illinois Route 120 Improvement Project. Pursuant to the original Joint Agreement the City of McHenry has agreed to provide necessary funds to cover the cost involved with lighting the non-signalized intersections along Illinois Route 120. Director Marcinko iterated Council was informed of the costs associated with the project on December 17, 2001. The costs projected at that time were preliminary figures and the additional $83,749 is based upon a more refined estimate, typical of IDOT as the bid letting date approaches. The original preliminary estimate for the project was $304,397. The revised current estimate is $383,749, still well below IDOT's original cost, which was in excess of $800,000. Director Marcinko stated $300,000 was budgeted for the project in the 2002/2003 Capital Improvement Fund, putting the project over budget in the amount of$83,749. Alderman Murgatroyd opined referral of the overage to the Finance and Personnel Committee for consideration was unnecessary. He stated he assumed the additional money would come out of the General Fund. Motion by Glab, seconded by Murgatroyd, to authorize the Mayor and City Clerk's execution of the Addendum to the Joint Agreement between the City of McHenry and _ Illinois Department of Transportation to provide necessary funds to cover the increase in costs associated with Route 120 Improvements, in an amount not to exceed $84,749. August 5, 2002 Page 9 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORT Mayor Althoff stated she has a report for Executive Session. Mayor Althoff also reported she attended a Legislative Committee for the Illinois Municipal League where they reviewed proposed legislation as well as passed legislation. She informed Council of recent legislation permitting communities with a population between 20,000 and 50,000 to retain their existing number of aldermen. Should the City of McHenry choose, the number of wards need not be increased to seven from five. Mayor Althoff stated the consideration to amending the Open Meetings Act affecting elected municipal bodies of five or less will, in all probability, not be reconsidered until the 2004 or 2005 session. Her recommendation is to move forward with the formation of two additional wards. Mayor Althoff stated she is seeking no formal action merely providing information to Council for consideration. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS Director of Public Works Marcinko informed Council McCullom Lake Road was closed throughout the day. The road was reopened at 6:30 p.m. Director Marcinko stated there was a hit-and-run accident at Royal and Crystal Lake Road, which destroyed some property. The Public Works Department is working with the contractor to address the matter. Director Marcinko requested a Public Works Committee meeting be scheduled for August 19, 2002 at 6:30 p.m. to discuss the Country Club Sanitary Sewer issue with residents and parking issues at 5217 Dartmoor Drive and 5719 Dartmoor Drive. Chairman Alderman Bolger opined the date and time are acceptable. City Administrator Lobaito informed Council a press release was received from the Department of Health stating a crow was found in Crystal Lake, which tested positive for the West Nile Virus. The press release stated there are no confirmed human cases of the ` West Nile Virus in Illinois. NEW BUSINESS Alderman Glab informed Council he received a telephone call from a resident at 410 Kensington regarding what might be a potential problem due to standing water behind �— West Campus. Alderman Glab stated the issue has been ongoing since 1988. He requested Staff investigate the matter and the results of the investigation be brought to a Public Works Committee meeting in the near future. August 5, 2002 _ Page 10 Alderman Glab informed Council two of his constituents received a letter denying vacation of an easement. He would like to bring the matter to the Public Works Committee. Mayor Althoff noting Chairman Alderman Bolger's prerogative to set the agenda for the Public Works Committee meetings, informed Council she is familiar with the matter and the vacation of the easement would create an isolated pocket providing the City with no access to property owned by the City. EXECUTIVE SESSION Motion by Bolger, seconded by Low, to go into Executive Session at 9:17 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:30 p.m. Motion by Low, seconded by Murgatroyd, to return to Open Session at 10:08 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. -- Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:08 p.m. It was the consensus of Council to place the Boundary Agreement with the Village of Bull Valley on the Agenda for formal approval at the Regular Council meeting scheduled to take place on August 12, 2002. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at10:11 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 10:11 p.m. lM OR 71i ( -, 7cL,7