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HomeMy WebLinkAboutMinutes - 05/19/2003 - City Council REGULAR MEETING ,^ MAY 19, 2003 The Regular Meeting of the McHenry City Council was called to order by City Clerk Jones at 7:30 P.M. on Monday, May 19, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present; Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Absent: Mayor Althoff. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director Community Development Napolitano. Absent: None. APPOINTMENT OF MAYOR PRO TEM In the absence of Mayor Althoff, City Clerk Jones called for a motion from the floor to nominate a Mayor Pro Tem to chair the meeting. Motion by Glab, seconded by Wimmer, to appoint Alderman Low as Mayor Pro Tem for the May 19, 2003 regularly scheduled Council Meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Bolger asked that Consent Agenda Item F, the List of Bills for Approval be removed for further discussion. Alderman Glab requested that Consent Agenda Item D, Request to Advertise for Bids for the Installation of Backup Engine Generators for Water Treatment Plant No. 4 and the Donovan Street Pumping Station, and Consent Agenda Item E, Request to Advertise for Bids for the Construction of the Edgebrook Drainage Way Phase II Project, be removed from the Consent Agenda for further discussion. Additionally, Alderman Glab requested clarification as to the applicants for picnic permits as requested in Consent Agenda Item B. Director of Parks and Recreation Merkel responded the applicants were Jerry Eiserman and the Vincent Cichon Family. Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as amended: a. Request for connection to Police Alarm Panel from Harris Bank McHenry, 1712 North Richmond Road; b. Request to approve picnic and special use permits from Parks and Recreation Department; c. Approve mosquito abatement contracts with McHenry Township and Clarke "� Environmental Mosquito Management; May 19, 2003 Page 2 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO ADVERTISE FOR BIDS FOR THE INSTALLATION OF BACKUP ENGINE GENERATORS -WATER PLANT NO. 4 AND DONOVAN STREET PUMPING STATION Alderman Glab stated he had concerns regarding such large expenditures in other wards in the City, particularly when the City's infrastructure in Ward 2 such as the walking paths, is not being properly maintained. He stated he finds it difficult supporting such expensive projects throughout the City when he feels his ward is being overlooked. Alderman Murgatroyd noted the installation of backup engine generators has been discussed by Council at length and it was the consensus of Council to proceed with the project due to the quality of McCullom Lake being enhanced as a direct result. Motion by Murgatroyd, seconded by Wimmer, to approve the request to advertise for bids for the installation of backup engine generators for Water Plant No. 4 and the Donovan Street Pumping Station. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE EDGEBROOK DRAINAGE WAY PHASE II PROJECT Alderman Glab again expressed his concern regarding the cost of the project. Alderman Bolger noted the City has received grant monies toward the Edgebrook Drainage Way Improvements. Motion by Bolger, seconded by Wimmer, to approve the request to advertise for bids for the construction of the Edgebrook Drainage Way Improvements Phase II Project. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. LIST OF BILLS Alderman Bolger noted regarding the proposed List of Bills, the City should practice frugality. He opined some expenses listed on the bills each month are frivolous and Council is being requested to approve bills after the monies have already been expended. Motion by Murgatroyd, seconded by Glab, to approve the List of Bills as presented: May 19, 2003 Page 3 GENERAL FUND AALTO, BRIAN 29.55 ' ACE HARDWARE, BJORKMAN'S 1,205.19 ADAMS ENTERPRISES INC, R 198.64 ADAMS STEEL SERVICE INC 321.56 AFLAC 1,516.28 AHLBORN EQUIPMENT INC 152.61 ALDRIDGE ELECTRIC INC 297.15 ALEXANDER LUMBER CO 572.47 AMERICAN SOLUTIONS FOR B 2,315.54 AMERICAN TELECOMMUNICATI 251.20 ANDERSON TREE SERVICE IN 5,650.00 ARNET, ALICE 43.23 ASSOCIATED BAG COMPANY 66.48 BAXTER & WOODMAN 951.39 BERETTA USA CORP 546.28 BEST WAY 24 HOUR TOWING 95.00 BIRK, JOHN 314.58 BLACK DIAMOND PLUMBING 1,500.00 BOISE CASCADE OFFICE PRO 235.00 BONCOSKY OIL COMPANY 6,974.03 BOTTS WELDING & TRUCK SE 176.00 BRADY & ASSOCIATES, PHIL 4,570.00 BUILDERS PLUMBING & 117.15 BUNCH DISTRIBUTING INC 148.63 BUSS FORD SALES 168.38 C&H DISTRIBUTORS INC 409.75 CASCADES PLASTICS 1,433.44 CDW GOVERNMENT INC 181.58 CINGULAR WIRELESS 13.81 CINTAS CORPORATION #355 187.00 COMED 13,214.48 COMMUNICATIONS REVOLVING 1,646.65 CONSERV FS 556.00 CORPORATE EXPRESS INC 229.00 CRESCENT ELECTRIC SUPPLY 1,139.53 CURRAN CONTRACTING CO 392.90 CUSTOM VEHICLE SYSTEMS I 189.00 D & J AUTOMOTIVE SUPPLY 455.40 DON'S TOWING 75.00 DURA WAX COMPANY INC, TH 87.80 ENTERPRISE GROUP 242.50 EXTREME JEEP SUZUKI DAEW 8.60 FAST EDDIES CAR WASH 70.00 FBI NAA 40.00 FISCHER BROS FRESH 568.25 FLOWERWOOD 600.00 FOTO FAST 16.04 FOXCROFT MEADOWS INC 597.30 FREUND INTERNATIONAL 91.30 GERAGHTY, MARCI 192.92 GLICK, DEBORAH A 109.50 HAGG PRESS INC 5,634.00 HAMPTON INN & SUITES 30.00 HARRIS, TIMOTHY 350.00 HEALTH COMMUNICATIONS IN 310.98 HOBBY LOBBY STORES INC 12.74 HOWENSTINE, ALICE 25.00 HUGS & KISSES CHARTER BU 510.00 IN HOUSE APPAREL & PROMO 450.75 INCODE-CMS .00 INNOVATIVE PACKAGING INC 129.29 INTRAVARTOLO, TODD 39.92 IPRA 25.00 KALE UNIFORMS INC 600.10 KAR PRODUCTS 805.76 KELLY, MARCI 27.72 KROHN LAWN & LANDSCAPE 7,814.22 KUSTOM SIGNALS INC 8,195.00 LAKESIDE PEST CONTROL SE 85.00 LANG PONTIAC-CADILLAC-SU 47.76 LANGE, MICHAEL 123.52 1� LEATHERS & ASSOCIATES 221.00 LEONARD, KATHLEEN 13.95 LEONARDI'S FOOD SPECIALT 377.55 LUNKENHEIMER, PATTIE 69.11 MANIAR, BIJAL 350.00 May 19, 2003 Page 4 MARTENSON, LYNN G 72.38 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 39.90 MCHENRY AREA YOUTH COMM 6,000.00 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COLLECTOR 6,854.58 MCHENRY COUNTY RECORDER 4.00 MCHENRY COUNTY SUPPLY IN 8.50 MCHENRY NAPA 1,260.29 MEIER & SONS FENCE MFG, 4,791.80 MERKEL, PETE 105.04 MOLNAR, JAMES 102.90 NEUMANN, CATHERINE 20.00 NEXTEL COMMUNICATIONS 584.51 NICOR GAS 892.98 NORTH EAST MULTI-REGIONA 4,590.00 NORTHERN ILLINOIS SPECIA 34.00 NORTHWEST AUTO ELECTRIC 120.00 NORTHWEST ELECTRICAL SUP 176.00 NUSS, ALEXIS 75.00 OFFICE DEPOT INC 21.21 OLIVER, JUANITA 117.00 PAPROCKI, KRISTINE 166.77 PEDERSEN GMC 15.49 PEPSI AMERICAS INC 738.35 PETALS & STEMS 86.00 PETERSEN SAND & GRAVEL 24.65 POWERPHONE INC 95.95 PUBLIC SAFETY CONSULTANT 109.00 QUICK, KATHLEEN 180.99 QUILL.CORPORATION 26.94 REICHE'S PLUMBING SEWER 550.00 RELIABLE SAND & GRAVEL 1,284.20 RESERVE ACCOUNT 1,200.00 RIVERSIDE BAKE SHOP 44.15 ROC CONSTRUCTION SUPPLY 140.34 ROCK RIVER SERVICE CO 9,400.00 RUSHING, RHONDA F LANG- 74.53 S & S WORLDWIDE 407.14 SBC 384.60 SOAP BOX LAUNDROMAT & DR 30.00 SOCIALTECH INC 250.00 SSMG 817.20 ST PAULS EPISCOPAL CHURC 229.00 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 1,241.25 STANS OFFICE TECHNOLOGIE 552.22 THEODORE POLYGRAPH SERV 100.00 THOMAS TRUCKING INC, KEN 1,750.00 THOMPSON ELEVATOR INSPEC 132.00 TRAFFIC CONTROL & 317.85 TRUSCO MANUFACTURING CO 210.03 UNIVERSITY OF ILLINOIS 400.00 WABASH VALLEY 795.30 WALSH, THOMAS M 211.67 WEST GROUP PAYMENT CENTE 56.00 WIESNER, STEVE 1,389.60 WIGMAN, GARY R 16.00 WILLIAMS ELECTRIC SERVIC 1,417.00 WITT, CINDY 224.31 YOUNG, TIMOTHY B 18.48 ZMT INC 137.35 TIF FUND ORR & ASSOCIATES, KATHLE 1,402.75 DEBT SERVICE-2000A FUND (MFT) BANK ONE TRUST COMPNAY N 72,600.00 DEBT SERVICE-2000B FUND (REFUND) BANK ONE TRUST COMPNAY N 20,700.00 STREET IMPROVEMENTS FUND BAXTER & WOODMAN 336.00 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 3,939.45 BLACK DIAMOND PLUMBING & 2,489.00 May 19, 2003 Page 5 JUSTEN, GERARD K AND MAR 20.00 SMITH ENGINEERING CONSUL 178.00 WOODSTOCK LAND SURVEYORS 100.00 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 299.14 ADAMS ENTERPRISES INC, R 37.05 ALEXANDER CHEMICAL CORP 909.50 AMERICAN TELECOMMUNICATI 17.55 BADGER METER INC 450.00 BAXTER & WOODMAN 361.35 BERKHEIMER CO INC, G W 26.46 BONCOSKY OIL COMPANY 620.01 CERTIFIED SERVICES INC 6.25 CINTAS CORPORATION #355 253.64 COMED 28,350.51 D'ANGELO NATURAL SPRING 42.00 FOREMAN & COMPANY, JOSEP 102.40 FOXCROFT MEADOWS INC 81.90 FREUND INTERNATIONAL 28.02 ILLINOIS MUNICIPAL LEAGU 24.00 JENSEN, TED 184.00 KROHN LAWN & LANDSCAPE 1,062.66 MCHENRY ELECTRIC & SUPPL 35.00 MCHENRY NAPA 79.58 METROTECH 247.00 MEYER MATERIAL COMPANY 195.13 MIDWEST METER INC 110.90 NCL OF WISCONSIN INC 484.30 NICOR GAS 1,109.03 NORTH SUBURBAN WATER 45.00 OFFICE DEPOT INC 95.68 OLSEN SAFETY EQUIPMENT C 47.21 RESERVE ACCOUNT 300.00 RUZICKA, RUSSELL 125.00 SBC 651.54 SETTLERS HILL RDF 10,474.20 SHERMAN MECHANICAL INC 112.50 ...� SMITH, MARIA 102.00 USA BLUEBOOK 73.60 VIKING CHEMICAL COMPANY 1,821.95 WATER SERVICES COMPANY 300.00 WATER SOLUTIONS UNLIMITE 2,860.00 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 45,519.74 SMITH ENGINEERING CONSUL 631.25 MARINA OPERATIONS FUND BAXTER & WOODMAN 503.00 INFORMATION TECHNOLOGY FUND INCODE-CMS 7,172.55 QUILL CORPORATION 134.70 STANS OFFICE TECHNOLOGIE 1,098.00 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 21,589.80 GRAND TOTALS 366,161.21 FUND TOTALS GENERAL FUND 135,620.91 TIF FUND 1,402.75 DEBT SERVICE-2000A FUND (MFT) 72,600.00 DEBT SERVICE-20008 FUND (REFUND) 20,700.00 STREET IMPROVEMENTS FUND 336.00 CAPITAL IMPROVEMENTS FUND 6,726.45 WATER/SEWER FUND 52,126.06 UTILITY IMPROVEMENTS FUND 46,150.99 MARINA OPERATIONS FUND 503.00 INFORMATION TECHNOLOGY FUND 8,405.25 RETAINED PERSONNEL ESCROW 21,589.80 ��' TOTALS 366,161.21 May 19, 2003 Page 6 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT TO ALLOW A FLEA MARKET - JUST FOR FUN ROLLER RINK, 914 NORTH FRONT STREET In attendance was Celeste Wheat of Just for Fun Roller Rink. Mayor Pro Tem Low stated Ms. Wheat and Ms. Lisa Dusek are requesting a temporary use to permit an outdoor flea market at the Just for Fun Roller Rink parking lot, located at 914 North Front Street. The applicants would stripe the area with 10' X 18' spots for 30 vendors. Goods to be sold would include clothing, household items, outdoor items, collectibles, and crafts. Vendors would reserve space in advance of the sale, which would occur on Saturday, July 19, 2003 between the hours of 9 a.m. and 5 p.m. Ms. Wheat, responding to Alderman Glab's concerns regarding parking, stated approximately 60 parking spaces would be available. McHenry Fitness has offered the use of 25 spaces and the building supply store has offered to allow the use of 30 spaces for attendees' use. Also, the owners of Alexander Lumber have offered to make space available for additional parking. Ms. Wheat noted the vendors would be parked behind the roller rink building. Alderman Glab opined he did not believe the parking would be adequate if the flea market were successful. , Responding to Alderman Glab's inquiry, Police Chief O'Meara noted he had no concerns with the flea market and did not believe the event would over-burden the Police Department. A discussion ensued. Motion by Bolger, seconded by Wimmer, to call the question regarding the request for a Temporary Use Permit to allow a flea market at Just For Fun Roller Rink located at 914 North Front Street on July 19, 2003 between the hours of 9:00 a.m. and 5:00 p.m. Voting Aye: Bolger, Glab, Low, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Bolger, seconded by Wimmer, to approve the request for a Temporary Use Permit to allow an outdoor flea market at Just For Fun Roller Rink located at 914 North Front Street on July 19, 2003 between the hours of 9:00 a.m. and 5:00 p.m. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. -- Motion carried. May 19, 2003 Page 7 REQUEST FOR WATER SERVICE AT 4405 PONCA STREET AND 4406 PONCA ST_ City Administrator Maxeiner report the City has received ived a request for water service from the owners of 4405 and 4406 Ponca Street, located in unincorporated McHenry. He noted these properties, as well as several others in the area, are connected to an existing community well located at 4411 Ponca Street. The community well has failed and the cost to repair the well is prohibitively expensive. City Administrator Maxeiner stated both property owners have indicated a desperate need to connect and a willingness to annex to the City of McHenry in order to obtain City water service. Currently the owners of the properties at 4405 and 4406 Ponca Street are working with another neighbor to meet daily water requirements using a garden hose. City Administrator Maxeiner noted the closest City water main is located at the southwest corner of Lillian and Ponca streets. Extending water service to these two residences would require an extension of approximately 300 feet. Staff estimates the cost for the extension would be approximately $35,000. This is in addition to the capital development fee of $2,433, assuming a three-bedroom home, tap-on fees of $250 and a plumbing inspection fee of $100 per connection. In total the cost to connect the two residences is estimated at $39,766. Staff is recommending the following: • Draft an Annexation Agreement with the properties requesting City water to detail the recovery of 80% of the project costs to extend the water main 300 feet; • Contact the remaining property owners along Ponca Street in an effort to gauge interest in annexation and obtaining City water; and • Authorize the City Engineer to design the water main extension improvements along Ponca Street. Motion by Bolger, seconded by Wimmer, to approve the request for water service at 4405 Ponca Street and 4406 Ponca Street subject to the following: • Staff to draft an Annexation Agreement with the property owners requesting City water detailing the recovery of 80% of the project costs to extend the water main 300 feet; • Staff to contact the remaining Ponca Street property owners in an effort to gauge interest in annexation and obtaining City water; • Authorize the City Engineer to design the water main extension improvements along Ponca Street. • Waive bid requirements for the sake of expediency; and • Execution by the property owners at 4405 Ponca Street and 4406 Ponca Street of the Annexation Agreement within six months of installation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. "�'' Motion carried. May 19, 2003 a Page 8 REQUEST TO APPROVE MORGAN HILL SUBDIVISION PRELIMINARY PLAT CONCORD HOMES In attendance was Attorney Mark Saladin of Militello, Zanck and Coen representing Concord Homes. Attorney Saladin stated Concord Homes is requesting approval of the Morgan Hill Subdivision Preliminary Plat, located on the east side of Route 31 south of the Tonyan Industrial Park. Mr. Saladin reminded Council the property was annexed to the City in January 2003, as part of an 89-acre annexation. The north 55 acres of the site was rezoned for commercial and business park and the subject 35 acres was rezoned and approved for development of up to 244 townhome units. Concord Homes is platting the residential portion, while Prime Ccinmercial is platting the non-residential portion. These areas are split by a new east-west collector road that will be platted with the Prime Commercial portion. Due to building permit limitations imposed by the City of McHenry in the Annexation Agreement, Concord is final platting the property in phases. Director of Community Development Napolitano noted the Preliminary Plat is in substantial conformance with the Concept Plan reviewed by the City during the annexation process. An open area bisects the center of the development and a proposed stormwater detention facility at the east side of the site. The entire detention facility is to be constructed during the first phase. Director Napolitano stated the Planning and Zoning Commission recommended approval of the Preliminary Plat by a vote of 5-0, at a meeting held on May 1, 2003 subject to the following conditions: • The City Council consider an internal looping bike path; and • Enhancement of the detention pond with additional landscaping. Alderman Glab expressed reservations concerning the roadway. A brief discussion ensued. Motion by Murgatroyd, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission and approve the Preliminary Plat of Morgan Hill Subdivision, subject to the following conditions: • An internal looping bike path should be incorporated into the Plan; • Landscaping in the area of the detention pond should be enhanced. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. RECOMMENDATION TO APPROVE AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A BACKUP SPECIAL SERVICE AREA FOR MORGAN HILL SUBDIVISION LOCATED ON THE EAST SIDE OF ROUTE 31, SOUTH OF TONYAN INDUSTRIAL PARK Attorney Mark Saladin of Militello, Zanck and Coen, representing Concord Homes, stated the Concord Homes Annexation Agreement requires that the developer establish a Backup Special Service Area (SSA) to provide an alternative method of financing for the May 19, 2003 Page 9 continued maintenance of common areas, including the detention pond, fencing and landscaping, in the event the Homeowner's Association fails to maintain the areas. Director of Community Development Napolitano explained the first step is for the City to adopt an Ordinance proposing the establishment of the SSA. Within sixty days after the adoption of the ordinance a Public Hearing is held to adopt the SSA. He noted should the ordinance establishing the SSA be passed by Council tonight, a Public Hearing would be scheduled on July 7, 2003, allowing adequate time for the applicant to meet necessary notification requirements. Motion by Bolger, seconded by Condon, to approve an ordinance proposing the establishment of a Back-up Special Service Area for Morgan Hill Subdivision, located on the east side of Route 31, south of Tonyan Industrial Park. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ANNEXATION AGREEMENT, ZONING MAP AMENDMENT AND PRELIMINARY PLAT OF PACINI'S MCHENRY COMMERCE CENTER Mayor Pro Tem Low noted the Applicant and owner of the property, The Pacini Group LLC, is not represented at tonight's meeting. Director of Community Development Napolitano reiterated that in May 2001 Council first discussed the potential annexation of a 240-acre parcel located on the west side of Route 31, south of the McHenry Corporate Center. The Pacini Group LLC has requested annexation, rezoning and preliminary plat approval for the development of a 175-acre business park and a 22-acre commercial center. Additionally, there is a 43-acre property located to the west of the Chicago and Northwestern.Railroad tracks that would be zoned E, Estate, upon annexation. Director Napolitano noted no plans have been submitted for development of the 43-acre parcel. Continuing, Director Napolitano informed Council at a Special Meeting held on May 9, 2001, Council held a Public Hearing to discuss the draft annexation agreement for the development. Three significant unresolved issues were discussed at the Public Hearing: • Dedication of potential commuter rail station property; • Location and right-of-way dedication for the future Route 31 West McHenry Bypass; and • Location and ability to install a traffic signal at Route 31 and the proposed Lucca Boulevard. Following significant discussion Council closed the Public Hearing and directed Staff to make changes to the Annexation Agreement and draft ordinances necessary to �- annex and rezone the property and approve the Preliminary Plat. Director Napolitano noted the Applicant seemed to be amenable to the proposed changes. However following the Public Hearing, the applicant indicated that due to the uncertainty of the previously- May 19, 2003 ' Page 10 stated unresolved issues , they were unwilling to move forward with the annexation. '1- Director Napolitano informed Council that with the recent selection of a preferred alternative for the West McHenry Bypass, the applicant has indicated they are now ready to move forward with annexation. He stated the TAG Committee has selected a route that traverses the southern part of the subject property and that the applicant is willing to reserve the necessary 175-foot right-of-way required for the Bypass. Additionally, the applicant has indicated a willingness to reserve a 20-acre site for location of a future Metra commuter station. The applicant has prepared three alternative Preliminary Plats in order to better address the uncertainty of the two potential transportation improvements. Director Napolitano noted the draft Annexation Agreement is in substantially the same form as reviewed by the City Council during the Public Hearing, but has been amended-to address the concerns discussed at the Public Hearing. Alderman Glab stated he has a number of issues with the proposed Annexation Agreement, but supports moving forward with review of the Annexation Agreement. Alderman Bolger expressed concern that the property might be lost to Spring Grove should Council procrastinate. Alderman Wimmer opined there is no point taking the time to review the entire Annexation Agreement when the developer is not present to address the issues which might arise. Alderman Peterson stated he would like the developer present. Alderman Murgatroyd concurred with Alderman Wimmer and Alderman Peterson. Alderman Condon stated she would appreciate more history to better understand the entire process to date. Mayor Pro Tem Low stated she concurs with Alderman Bolger, but is concerned the meeting would be duplicated when the developer chooses to be present. She suggested contacting the developer and continuing discussion of the Annexation Agreement to the next Council meeting scheduled on June 2, 2003. Alderman Murgatroyd suggested each Alderman provide a list of concerns to Director Napolitano, to be provided to the developer, who could then address the issues at a future meeting. Motion by Murgatroyd, seconded by Wimmer, to continue the discussion of the Annexation Agreement, map amendments and approval of a Preliminary Plat to the Council meeting scheduled for June 2, 2003. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. KENNEDY HOMES DEVELOPER AGREEMENT FOR RIVERSIDE HOLLOW SUBDIVISION City Administrator Maxeiner reiterated that on July 29, 2002, Council approved a Developer's Agreement with Kennedy Homes for the Riverside Hollow Subdivision. The May 19, 2003 Page 11 Agreement was established due to the difficulties experienced by the developer in acquiring certain easements to install proper drainage to the river and the subsequent impact to the subdivision. The Agreement spells out the City's responsibilities in securing the necessary easements, provides a limitation on the number of building permits issued, and the location of the lots on which the permits may be issued; requires the developer replace an existing 21-inch storm sewer pipe with a new 36-inch pipe; and requires the developer to post a Letter of Credit in the amount of$100,000. City Administrator Maxeiner stated the easements have been secured and the pipe replaced per the City Engineer's specifications. Consequently, Kennedy Homes is requesting the Developer Agreement be rescinded and release of the $100,000 Letter of Credit be authorized. City Administrator Maxeiner noted the limitation on the number of building permits is addressed in the Annexation Agreement. While the Developer Agreement may be rescinded, the terms of the Annexation Agreement would remain in effect restricting the number of building permits issued. Staff believes Kennedy Homes has met the terms of the Agreement and recommends rescinding the Developer Agreement. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to rescind the Developer Agreement between the City of McHenry and Kennedy Construction Incorporated, dated July 29, 2003, and to authorize the release of the $100,000 Letter of Credit. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD CONTRACT FOR CONSTRUCTION STAKING, MATERIAL TESTING AND OBSERVATION SERVICES RELATING TO THE CRYSTAL LAKE ROADIWINDING CREEK DRIVE ROAD INTERSECTION IMPROVEMENTS AND TRAFFIC SIGNAL INSTALLATION PROJECT TO SMITH ENGINEERING CONSULTANTS Director of Public Works Marcinko stated Council previously entered into an Engineering Services Agreement with Smith Engineering Consultants, for an amount not- to-exceed $39,190.60, for design services in conjunction with a contract with D.L. Franzen for the Crystal Lake/Winding Creek Drive road improvements and traffic signal installation project. Smith Engineering has submitted a proposal for the construction staking, material testing and observation services for the project in an amount not-to-exceed $40,750. Staff is recommending approval of the engineering services proposal. Motion by Condon, seconded by Bolger, to approve the Engineering Services Agreement presented by Smith Engineering Consultants, Inc. for construction staking, May 19, 2003 Page 12 material testing and observation services for the Crystal Lake/Winding Creek Drive intersection improvements and traffic signal installation project, in an amount not-to- exceed $40,750. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. SHAMROCK FARMS NEIGHBORHOOD NO. 1. FIRST RIGHT OF REFUSAL City Administrator Maxeiner informed Council the Annexation Agreement for Shamrock Farm development includes a clause stating the City of McHenry has the right and exclusive option to purchase the 54 +/- acre parcel east of Curran Road, identified as Neighborhood No. 1, by matching any bona fide offer received by the owner within three years from the date of the Annexation Agreement. The City has been notified that Shamrock Farm Development received an offer from Kimball Hill Homes, in the amount of $3.976 million. The City was provided with notification of the offer on April 4, 2003 and has sixty (60) days to match the offer or waive the right, thereby releasing the property. Council directed Staff to meet with the Boone Creek Watershed Alliance (BCWA) to gauge their interest in a financial partnership with the City to acquire the property. City Administrator Maxeiner informed Council following conversations with the BCWA, they -- expressed gratitude for the opportunity but felt their limited resources would be better spent on other more environmentally significant properties in the area. City Attorney McArdle has examined the Annexation Agreement language and the letter from Kimball Hill Homes. It has been determined the offer of $3.976 million from Kimball Hill Homes is a bona fide offer and is the amount the City would have to match. City Administrator Maxeiner. noted Staff has conducted a search for applicable grants at the federal and state government level and also made inquiries regarding private foundation funding. No grant opportunities were found that were applicable for use to purchase the property. City Administrator Maxeiner stated should Council elect to purchase the property City funds would be used. Additionally, the window of opportunity for the City to purchase the property closes on June 3, 2003, the expiration of the 60-day period to match the offer. City Administrator Maxeiner stated Staff requests direction from Council prior to issuing a letter to Shamrock Farms Development LLC waiving the City's first right of refusal on the 54 +/- acres for Neighborhood No. 1. Alderman Murgatroyd expressed disappointment, opining the developer clearly did not follow the intent of the Annexation Agreement. Alderman Condon concurred with Alderman Murgatroyd. Alderman Glab requested Staff review the Annexation Agreement in detail to ascertain the details are followed precisely. May 19, 2003 }' Page 13 City Attorney McArdle informed Council that the right of first refusal is resurrected within a three-year period if the purchase is not culminated. Motion by Murgatroyd, seconded by Condon, to direct Staff to draft a letter to Shamrock Farms Development LLC waiving the City's first right of refusal on the 54 +/- acres for Neighborhood No. 1. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT In the absence of Mayor Althoff there was no statement or report. COMMITTEE REPORTS Community Development Committee Chairman Alderman Wimmer reported to Council a Community Development Committee meeting was held prior to this evening's Council meeting to discuss the Comprehensive Plan. Minutes of the meeting will be forthcoming. DEPARTMENT HEAD REPORTS Director of Public Works Marcinko stated the County is conducting road improvements on Bull Valley Road. The road work is expected to be completed in two weeks. Director of Community Development Napolitano reported a Committee of the Whole Meeting is scheduled for Tuesday, May 20, 2003 at 7:30 p.m. to discuss the Deer Pointe Subdivision. City Administrator Maxeiner requested Council return the Department Head evaluation forms to his office no later than May 20, 2003. City Administrator informed Council the Illinois Racing Board granted Arlington Park's license for an Off Track Betting facility; to be located at Monaco's on State Route 120. NEW BUSINESS Alderman Bolger stated he would like the topic of unincorporated properties that are surrounded by the City brought back to Council for further discussion. May 19, 2003 Page 14 ADJOURNMENT Motion by Wimmer, seconded by Glab, to adjourn the meeting at 9:03 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:03 p.m. Z'� MAYOR CLER