HomeMy WebLinkAboutMinutes - 05/05/2003 - City Council REGULAR MEETING
MAY 5, 2003
The Regular Meeting of the McHenry City Council was called to order by Mayor
Althoff at 7:30 P.M. on Monday, May 5, 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 Clerk Jones, City Attorney
McArdle, Director Public Works Marcinko, Director of Community Development Napolitano,
Director of Parks and Recreation Merkel, and Chief of Police O'Meara. Absent: None.
OATH OF OFFICE: NEWLY ELECTED OFFICIALS
Mayor Althoff swore in the following officials:
• Andrew A. Glab, Alderman Ward 2
• Steven C. Murgatroyd, Alderman Ward 4
• Robert J. Peterson, Alderman Ward 6
• Geri A. Condon, Alderman Ward 7
PUBLIC HEARING: PROPOSED LAKEWOOD SUBDIVISION SPECIAL SERVICE AREA
Mayor Althoff opened the Public Hearing on the proposed Lakewood Subdivision
Special Service Area at 7:35 p.m.
Director of Community Development Napolitano stated at its February 10, 2003
meeting Council:
• Approved the extension of the sanitary sewer system to 25 homes in the Lakewood
Subdivision pending execution of an Agreement between the City of McHenry and
the Lakewood Road Homeowners Association;
Directed Staff to draft an Agreement between the City of McHenry and the
Lakewood Road Homeowners Association; and
Initiate proceedings to establish the Special Service Area ("SSA") for a period of
twenty (20) years to be levied on the 25 properties in the Lakewood Road
Homeowners Association for the purpose of recovering 75% of the cost of extending
the sanitary sewer service, in addition to required capital development and sewer
tap fees; and
• Approved the engineering proposal from Baxter & Woodman for the design of the
sanitary sewer improvements, in an amount not to exceed $22,600.
Director Napolitano informed Council the estimated total cost of the project is
$351,200. The City's portion is 25%, or $87,800, of the total cost of the sewer extension.
Director Napolitano noted there is a mandatory 60-day waiting period following the Public
Hearing, which enables affected owners and electors in the SSA to file a petition to block
the establishment of the SSA if so inclined. Director Napolitano stated Notice of the Public
Hearing was published in the Northwest Herald 15 days prior to the meeting and written
notice via certified mail was provided to all last known taxpayers within the proposed SSA
10 days prior to the Public Hearing. He explained the SSA becomes effective after a 60-
day waiting period following adoption of the SSA; the City could activate the SSA any time
-� after that date.
Robert Kirschner, a resident of 4516 Lakewood and President of the Lakewood
May 5, 2003
Page 2
Road Homeowners Association informed Council 24 of the 25 residents are in favor of the -�
extension of the sanitary sewer system to the homes in the subdivision and the proposed
Special Service Area. He expressed his appreciation to Staff for their diligent efforts to
provide sewer service to the area.
Mayor Althoff inquired whether anyone in the audience had a statement. There was
no response. Mayor Althoff inquired whether City Clerk Jones' office had received any
inquiries. City Clerk Jones responded she has received neither written nor oral inquiry
regarding this matter.
Motion by Glab, seconded by Bolger, to close the Public Hearing on the proposed
Lakewood Subdivision Special Service Area at 7:39 p.m.
Voting Aye: Bolger, Glab, Law, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
PRESENTATION: KEYS TO PETERSEN FARM HOMESTEAD AND PAINTING BY
LOCAL ARTIST ROBERT NOVAK
Attorney Peter Carroll, representing the Estate of Robert J. Petersen and James
Alexander, Trustee of the Estate of Robert J. Petersen and Barbara Miller, Executor of the
Estate of Robert J. Petersen, presented Alderman Sue Low, Chairman of the Parks and
Recreation Committee, with the keys to the Petersen Farm Homestead together with a Bill
of Sale formally transferring possession of the property to the City of McHenry. An oil
painting of the Petersen Farm Homestead by local artist Robert Novak was presented to
Director of Parks and Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
Mr. Robert Kirschner, a resident of 4516 Lakewood, expressed his concern
regarding safety issues in Petersen Park due to the lack of lighting in the Park.
CONSENT AGENDA
Motion by Low, seconded by Peterson, to approve the Consent Agenda as
presented:
• Ordinance granting parking variance to Papa Saverio's Pizzeria, 1777 North
Richmond Road;
• Ordinance granting use variance to CC-Vette Inc, 2730 Barney Court;
• Ordinance granting conditional use to Dunkin' Donuts/Baskin Robbins Restaurant,
4502 West Elm Street;
• Recommendation to release Letter of Credit No. 17148 in the amount of$32,660 for
Burning Tree Unit 3— Lanco Development Company;
• Payment to Recording Industries Music Trust Funds for the 2003 Band Concert
Series, in an amount not to exceed $5,954;
• Payment to Andersen Tree Services for forestry work, in an amount not to exceed
$5,650;
• Final payment to Carmichael Construction for Petersen Park Ball Field Renovations
May 5, 2003
Page 3
in an amount not-to-exceed $18,063.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon..
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE TO ALLOW ADDITIONAL WALL SIGN — MATTRESS
GIANT, 2200 N RICHMOND ROAD
Present was Chuck Alden, sign consultant for Mattress Giant, currently under
construction at 2200 North Richmond Road.
Director of Community Development Napolitano informed Council a letter was
received from Mr. Alden requesting a variance to allow wall signs to enhance visibility for
the Mattress Giant facility. Mattress Giant will be located in the southernmost space in an
out-building in the McHenry Towne Center.
Director Napolitano noted the City's sign regulations allow one wall sign, totaling
120 square feet, 1.5 square feet per 1 foot of building frontage. In addition, the outlots in
the shopping center have been granted a variance for a freestanding sign not-to-exceed
30 square feet in area and 6 feet in height. Mattress Giant is proposing the following:
• West Elevation: One sign, "MATTRESS GIANT," 30" high letters, 70 square feet.
This sign is already installed.
• South Elevation. One sign, "MATTRESS GIANT," 30" high letters, 70 square feet.
Staff supports installation of this sign.
• East Elevation. One giant logo sign, approximately 5' x 5', 25 square feet.
Staff does not feel a sign on the east fagade is appropriate.
Director Napolitano noted Mattress Giant is a destination business located on the
south side of the building. Customers entering the shopping center from Blake Boulevard
would have the ability to clearly see a Mattress Giant sign on the south fagade. He opined
the sign for the south fagade is appropriate, providing added identification to the business.
However, the logo on the east facade is unnecessary.
Motion by Bolger, seconded by Wimmer, to approve a second wall sign "Mattress
Giant" with 30'" letters not-to-exceed 70 square feet in area on the south elevation of the
building located at 2200 North Richmond Road.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
APPROVAL OF AN ORDINANCE AMENDING CERTAIN SECTIONS OF MUNICIPAL
CODE CHAPTER 13 — PARKING RESTRICTIONS ON WILTSHIRE DRIVE
Director of Public Works Marcinko informed Council, in accordance with Alderman
Glab's request, an Ordinance is proposed to provide for No Parking between the hours of
May 5, 2003
Page 4
7:00 a.m. and 7:00 p.m. Monday through Friday on Wiltshire Drive from Oakwood Drive
extending to the first single family home at 912 Wiltshire Drive on the north side of the
street and 913 Wiltshire Drive on the south side of the street.
Director Marcinko noted due to the proximity of McHenry West High School
students are parking along Wiltshire Drive and walking through private property to the
school. The number of students trespassing on private property impacts the residents
living in the neighborhood adjacent to the high school campus. During evening hours
sporting event spectators park on Wiltshire Drive which leads to similar complaints of
trespassing. Director Marcinko noted a similar issue has been addressed with
enforcement of a No Parking Zone on Oakwood Drive and motorists seeking parking in
close proximity to the athletic fields have now resorted to parking on Wiltshire Drive.
Staff recommends consideration of an ordinance restricting parking on Wiltshire
Drive between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday from the
easternmost intersection of Oakwood Drive extending to 912 Wiltshire Drive on the North
side of the street and 912 Wiltshire Drive on the south side of the street.
Alderman Bolger, Chairman of the Public Works Committee, suggested the
ordinance return to the Public Works Committee for further review. Alderman Murgatroyd
concurred with Alderman Bolger opining the hours from 7:00 a.m. to 7:00 p.m. are _
excessive. Alderman Wimmer concurred with Alderman Bolger and Alderman Murgatroyd.
Alderman Glab stated the hours of 7:00 a.m. to 7:00 p.m. are consistent with other
parking restrictions throughout the City, interjecting the matter should be addressed
immediately.
Motion by Glab, seconded by Wimmer, to approve an ordinance restricting parking
on Wiltshire Drive between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday,
from its easternmost intersection with Oakwood Drive extending to 912 Wiltshire Drive on
the north side of the street and 912 Wiltshire Drive on the south side of the street.
Voting Aye: Glab, Low, Peterson, Condon.
Voting Nay: Bolger, Murgatroyd, Wimmer.
Absent: None.
Motion carried.
AWARD OF BID FOR CRYSTAL LAKE ROAD/WINDING CREEK DRIVE TRAFFIC
SIGNAL INSTALLATION AND ROAD IMPROVEMENTS TO D.L. FRANZEN
Director Marcinko informed Council at its March 17, 2003 meeting Council approved
a request to proceed with roadway improvements and traffic signal installation at the
intersection of Crystal Lake Road and Winding Creek Drive.
Director Marcinko stated on April 22, 2003 six bids were received and opened for
the project. Of the six bids received D.L. Franzen Construction submitted the lowest bid at
$323,378.70. Director Marcinko noted each bid was tabulated and checked for accuracy
by Smith Engineering Consultants.
May 5, 2003
Page 5
Motion by Condon, seconded by Glab, to approve the award of the construction
contract for the Crystal Lake Road and Winding Creek Drive road improvements and traffic
signal installation to D. L. Franzen Construction, in an amount not-to-exceed $323,378.70.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF CONTRACTS FOR PETERSEN PARK WATERFRONT IMPROVEMENTS
PHASE 1 TO:
• CUSTOM LANDSCAPING — SOD INSTALLATION IN AN AMOUNT NOT-TO-
EXCEED $7,752
• D.L. FRANZEN CONSTRUCTION — EXCAVATION/AGGREGATE WORK IN AN
AMOUNT NOT-TO-EXCEED $20,439.80
Director of Parks and Recreation Merkel informed Council the City of McHenry has
been awarded a boat area access grant in the amount of $88,000, by the Illinois
Department of Natural Resources, for the Phase I improvements at Petersen Park. He
noted the Grant is 100% funded for installation of the access road, parking, landscaping,
lighting, launch facilities and signage.
Director Merkel explained the first phase of the project is installation of aggregate
material for the access road and parking area landscape restoration and sodding. Director
Merkel stated the work is being proposed at this time to coincide with the sewer extension
project to McCullom Lake. If approved, the first phase of the project would be installed in
May with the final improvements installed in the fall of 2003.
Motion by Bolger, seconded by Low, to award the. contracts for Petersen Park
Waterfront Improvements Phase 1 to:
• Custom Landscaping, for sod installation, in an amount not-to-exceed $7,752; and
• D.L. Franzen Construction, for excavation/aggregate work, in an amount not-to-
exceed $20,439.80.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Althoff announced an Executive Session has been scheduled to discuss
Potential Litigation.
Mayor Althoff announced a Public Hearing is scheduled on Tuesday, May 7, 2003
at the Nunda Township Office to discuss a Land Use Plan.
May 5, 2003
Page 6
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Low informed Council a
Parks and Recreation Committee meeting is scheduled on Thursday, May 15, 2003 at 7:30
p.m. in the Aldermen's Conference Room.
Community Development Committee Chairman Alderman Wimmer informed Council
a Community Development Committee meeting is scheduled on Monday, May 19, 2003 at
6:30 p.m. in the Aldermen's Conference Room.
DEPARTMENT HEAD REPORTS
Chief of Police O'Meara stated he has contacted five of the six local Off Track
Betting establishments. Of the five establishments contacted four responded. Chief
O'Meara informed Council all the responses received were favorable.
Director of Community Development Napolitano informed Council he has received a
Concept Plan for the Deer Park Subdivision. The developer is requesting a Committee of
the Whole meeting on May 20, 2003 for consideration of the Plan. Director Napolitano
suggested alternate dates of May 21, 2003 or May 28, 2003 and requested Council advise
City Administrator Maxeiner of the most convenient date.
Director of Community Development Napolitano informed Council Snapper John's
Restaurant is attempting to locate another site for the restaurant. The owner feels the
establishment requires a full service bar and the current site is not appropriate.
Director of Parks and Recreation Merkel informed Council of a ceremony on Friday,
May 30, 2003 in the early evening at Freund Field memorializing the Althoff Family
donation.
Assistant City Administrator Lockerby announced a meeting to review and discuss
Trkla, Pettigrew, Allen and, Payne's recent draft of the Downtown Plan is scheduled on
Monday, May 1�- ;'2003 at 6:00'p.m.
City Administrator Maxeiner stated the selection process for a Finance Director has
been narrowed and the final candidates have been selected. He requested that Council
members wishing to meet one-on-one with the final candidates contact his office to
arrange an appointment.
City Clerk Jones announced cake and coffee would be served following the
meeting.
NEW BUSINESS
Alderman Bolger announced the McHenry Theater is scheduled to reopen on
Thursday, May 15, 2003, on a trial basis, with the film Matrix Reloaded showing. He
encouraged everyone to support the project.
May 5, 2003
Page 7
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Low, seconded by Murgatroyd, to go into Executive Session to discuss
Potential Litigation at 8:26 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:28 p.m.
Motion by Glab, seconded by Low, to go back into Open Session at 8:35 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:35 p.m.
ADJOURNMENT
Motion by Low, seconded by Glab, to adjourn the meeting at 8:36 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon
Voting Nay: None.
Absent: None.
Motion carried.
T,he Meeting was adjogrned at 8:36 p.m.
C
MAYOR LER
t