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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