HomeMy WebLinkAboutMinutes - 12/29/2003 - City Council REGULAR MEETING
DECEMBER 29, 2003
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, December 29, 2003 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City
Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, City
Clerk Jones, Director of Public Works Marcinko, Director of Parks and Recreation Merkel,
Chief of Police O'Meara, Director of Finance Kline, City Planner Martin. Absent: Director of
Community Development Napolitano.
TEN MINUTE PUBLIC INPUT SESSION
Jim and Geri Pinzini, residents of the Kresswood Trails Townhome Development,
addressed Council. Mrs. Pinzini stated as new residents to the City of McHenry they were
disappointed in the response they have experienced from the developer of the Kresswood
Townhome subdivision, Pacini. She explained that they are having difficulty regarding the
completion of the finishing work on their home. Mrs. Pinzini suggested the City might
institute regulations to hold developers responsible for satisfactory completion of a project
prior to issuance of an Occupancy Permit.
CONSENT AGENDA
Alderman Bolger requested Item A, Request for Reimbursement through Elected
Official Expense Account, be pulled from the Consent Agenda for further discussion
regarding the appropriateness of the submission.
Regarding Item B, Request to Advertise for Bids for installation of a new roof on the
Knox Park Barn, Alderman Glab suggested Staff research a less expensive alternative to
the Celotex presidential shake shingle. A brief discussion ensued. Alderman Glab stated
it would be satisfactory if the words "or equivalent" were added to the bid specifications.
Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as
amended:
• Request to Advertise for Bids for installation of a new roof on the Knox Park Barn;
• Request to Advertise for Bids for Fiscal Year 2004/2005 Parks and Recreation
Seasonal Brochure;
• Ordinance changing name of Professional Plaza Drive to Mercy Drive;
• Approve City Council Minutes:
o July 21, 2003 regularly scheduled meeting;
o September 29, 2003 regularly scheduled meeting;
o December 1, 2003 regularly scheduled meeting.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ti REQUEST FOR REIMBURSEMENT - ELECTED OFFICIAL EXPENSE ACCOUNT
Alderman Bolger voiced disappointment that a submission had been made
requesting reimbursement for tickets to the Northern Illinois Medical Center Gala. He
December 29, 2003
Page 2
opined it is inappropriate to request reimbursement for attendance at a social event. '�-
Motion by Murgatroyd, seconded by Condon, approving the Request for
Reimbursement through Elected Officials Expense Account, as presented.
Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Bolger.
Absent: None.
Motion carried.
ORDINANCE GRANTING A VARIANCE FOR PARKING-SCREENING STRIP WIDTH:
TARGET - 1860 N. RICHMOND ROAD
ARBY'S -1800 N. RICHMOND ROAD
Mayor Low announced that this item is to be removed from the Agenda at
Applicant's request and would come before Council in January 2004.
RECOMMENDATION TO APPROVE PIER DESIGN ALONG THE RIVERWALK
Assistant City Administrator Lockerby informed Council that the Riverwalk Design
Development stage is progressing. He stated that a particular element at this stage is the
creation of a pier prototype. Assistant City Administrator Lockerby noted it is anticipated
that the docks along the Riverwalk Place Townhomes will be installed in the spring, as the
units are occupied. Assistant City Administrator Lockerby introduced Mike Emerson,
Senior Vice President of VOA, who presented the dock design recommendation.
Mr. Emerson informed Council that should the proposed Plan be acceptable it is the
pier design that would be presented to the Army Corps. of Engineers for approval.
Mr. Emerson stated VOA is proposing to use Trex composite decking for the piers.
He informed Council that Trex is a durable recycled plastic material commonly used in
these applications. The pier design calls for structures to be permanently installed using
fixed poles. Mr. Emerson noted floating, removable piers were considered but not
recommended due to storage requirements during winter months and stability concerns.
Mr. Emerson stated the recommended design provides a prototype for piers
encouraging consistency, yet providing for alternatives to address specific needs. The
intent is for all docks along the Riverwalk to eventually follow an approved design. He
noted designs for the private and public docks are slightly different. Mr. Emerson stated
identifying signage would be located above the public docks encouraging boaters to use
the docks and the Riverwalk and smaller signs would identify the private docks to ensure
the privacy of the pier owners. Gate options available to pier owners would also provide a
distinction between the public and private piers.
Mr. Emerson noted a pier design offering cleats versus extended poles as a method
for securing a boat to a dock has been provided. It was opined the cleat system provided '
a cleaner, less cluttered appearance; but that the extended pole design may assist
pedestrians by providing steadying hand holds. It was the consensus of Council that the
pier designs were acceptable.
December 29, 2003
Page 3
Motion by Bolger, seconded by Wimmer, to approve the pier designs, as presented,
along the Riverwalk.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Low suggested while preparations were being made by Tkrla, Pettigrew,
Allen and Payne for the presentation of the Final Downtown Plan, Item No. 9, Request for
release of escrow funds by Hawthorn Estates, Inc., be taken out of sequence on the
Agenda and considered at this time.
HAWTHORN ESTATES, INC. — REQUEST FOR RELEASE OF ESCROW FUNDS
City Administrator Maxeiner informed Council that pursuant to the terms of the 1991
Annexation Agreement for the Park Ridge Subdivision the City received $17,000 from
Hawthorn Estates Inc., to be held in escrow, for the construction of a traffic signal at the
intersection of Dartmoor Drive and Crystal Lake Road. The Agreement stated that should
the signal not be installed within ten years of the execution of the Agreement, the funds,
including interest, would be released to the owner of the development.
In 1996 Hawthorn Estates Inc. sold the development to Windsor Development. At
the time of the sale Hawthorn Estates Inc. retained the right to the escrow funds and
informed the City of this retention.
In 2001 Windsor Development submitted a request for the release of escrow for the
signal since the signal had not been installed. The City Council authorized the release of
the $17,000, plus interest accrued as of the date of the release, which totaled $26,607.94.
Hawthorn Estates is now seeking the return of the escrow funds, including interest, and
has provided the City with documentation supporting their retention of the right to the
money.
City Administrator Maxeiner informed Council that Windsor Development has been
contacted to confirm the authenticity of the documents provided by Hawthorn Estates Inc.
Mr. Stan Sumner of Windsor has been cooperating with the City in an effort to assess the
situation. It is Staffs opinion that Windsor will reimburse the City, with interest, if
authenticity of the documents is confirmed. Upon return of the funds the City would then
provide the money to Hawthorn Estates Inc.
Alderman Murgatroyd stated he would like the matter resolved prior to disbursement
of the funds.
Motion by Murgatroyd, seconded by Condon, to authorize the release of $17,000,
-t, plus accrued interest, to Hawthorn Estates Inc., as detailed in the 1991 Annexation
Agreement for Park Ridge Estates, upon confirmation of the authenticity of supporting
retention documents and reimbursement to the City of the funds from Windsor
December 29, 2003
Page 4
Development.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION TO APPROVE THE FINAL DRAFT OF THE DOWNTOWN PLAN
Mr. John Houseal, representative of Trkla, Pettigrew, Allen and Payne (TPAP) ,
presented a brief overview of the Downtown Plan developed for the City of McHenry.
Mr. Houseal noted the following recommendations from Council have been
incorporated into the Final Draft:
• General: References to the historical names of Centerville, Gagetown
and Old Town;
• Figure 8: Revised language for Metra trains and schedules;
• Figure 12: The Venice Avenue properties are now proposed for single
family. Language has been changed for the redevelopment
along with the redevelopment of other single family homes in
the Core Downtown;
• Figure 14: Revision of the language for historic sites encouraging historic
Preservation, and in cases where preservation is not possible
or feasible, the Plan recommends historical features be
incorporated in redevelopment;
• Figure 15: Revised Opportunity Site No. 8 (Wastewater Treatment Plant)
to provide direction in the event the study determines relocating
the treatment plant is not feasible;
• Figures 16 & 17: Removed the number of units for the downtown development;
• Figure 19: References to linking the downtown with existing bike trails
were added.
• Appendix A: An introduction to the Action Agenda section was added.
• Appendix B: Information regarding the TIF District and Riverwalk was
included.
Mr. Houseal stated in addition a final edit of the entire Downtown Plan was
completed correcting typographical errors, adding page numbers to all pages and adding
the acreage for certain areas.
Mr. Houseal informed Council the Downtown Plan is intended to supplement the
City's Comprehensive Plan for the downtown districts and to serve as a guide to
redevelopment. The content of the Downtown Plan specifically addressed land use,
transportation and parking, urban design and priority redevelopment sites. The Plan is _
intended to be shared with potential developers and interested entities as a way to initiate
dialogue about potential redevelopment projects and communicate the Advisory
Committee's and City Council's vision for downtown McHenry. Additionally, the Plan is
also intended for use by the City Council as a tool to assist in evaluating proposed
downtown development and future public initiatives.
December 29, 2003
Page 5
Alderman Bolger noted some typographical errors that had been overlooked,
complimented TPAP on their efforts and opined parking is an important component to the
downtown area and should be retained as much as possible. Alderman Condon concurred
with Alderman Bolger.
Motion by Murgatroyd, seconded by Wimmer, to approve the Final Draft of the
Downtown Plan, as presented, subject to any corrections required.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
There was no Mayor's Statement and Report.
COMMITTEE REPORTS
There were no Committee Reports.
DEPARTMENT HEAD REPORTS
There were no Department Head Reports.
NEW BUSINESS
Alderman Peterson inquired if the cameras in the Council Chambers could be
situated so at-home viewers could observe who is speaking at the podium or making a
presentation to Council. City Administrator Maxeiner stated he would look into the matter
and see if the suggestion could be accommodated.
Alderman Glab informed Council that he was recently approached by the resident at
4906 Dartmoor who informed him of some electric utilitY lines, in the vicinity of his
property, which have been exposed above ground in excess of three months.
EXECUTIVE SESSION: LITIGATION
Motion by Wimmer, seconded by Glab, to go into Executive Session to discuss
Litigation at 8:45 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:50 p.m.
-�... Motion by Bolger, seconded by Glab, to go back into Open Session at 9:08 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
December 29, 2003
Page 6
Absent: None.
Motion carried.
Council went into Open Session at 9:08 p.m.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:09 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:09 p.m.
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MAYOR CL K