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HomeMy WebLinkAboutMinutes - 03/03/2003 - City Council REGULAR MEETING MARCH 3, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, March 3, 2003 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 Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney Cahill, Director Community Development Napolitano, Director Public Works Marcinko, Director Parks and Recreation Merkel, and Chief of Police O'Meara. Absent: City Attorney McArdle. PUBLIC HEARING: PROPOSED SHAMROCK FARMS SPECIAL SERVICE AREA Mayor Althoff called the Public Hearing to order at 7:31 p.m. for the Proposed Shamrock Farms Special Service Area. In attendance was Mr. Scott Viger of Kimball Hill Homes. Mayor Althoff informed Council the purpose of the Public Hearing is to allow public comment regarding the proposed Special Service Area (SSA). The purpose of the SSA is to put into place a back-up method of financing to provide for the continued maintenance of common areas, including the detention pond, fencing and landscaping, in the event the Homeowner's Association fails to maintain the areas. Mayor Althoff inquired if there were any questions from the audience. City Clerk Jones, responding to Mayor Althof's inquiry, stated there had been no written or verbal comments and/or questions regarding this matter. Motion by Bolger, seconded by Glab, to close the Public Hearing at 7:33 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT Mr. - Larry Brodin, a resident of 4618 Northfox, representing New Horizon Pyrotechnics, addressed Council requesting New Horizon Pyrotechnics be considered by the City for the 4`h of July Fireworks Display. Mayor Althoff suggested Mr. Brodin contact City Administrator Maxeiner for discussion regarding consideration. CONSENT AGENDA Alderman Glab requested Item 9, the Proclamation declaring March 2003 as Youth Art Month and Music in Our Schools Month, be pulled from the Consent Agenda for further discussion. A brief discussion ensued. Motion by Glab, seconded by Low, to approve the Consent Agenda as amended: City Council Minutes: • o February 10, 2003 regularly scheduled meeting; o February 17, 2003 regularly scheduled meeting; March 3, 2003 Page 2 City Council Executive Session Minutes; January 6, 2003 September 17, 2001 October 7, 2002 August 28, 2001 August 19, 2002 August 13, 2001 August 12, 2002 July 18, 2001 August 5, 2002 May 30, 2001 July 29, 2002 May 9, 2001 July 22, 2002 April 4, 2001 July 1, 2002 January 31, 2001 June 17, 2002 October 11, 2000 June 3, 2002 October 4, 2000 April 22, 2002 July 5, 2000 April 15, 2002 June 19, 2000 March 18, 2002 June 14, 2000 February 18, 2002 May 13, 2000 February 11, 2002 December 1, 1999 January 21, 2002 November 17, 1999 January 7, 2002 November 10, 1999 December 17, 2001 October 6, 1999 December 3, 2001 September 15, 1999 November 5, 2001 August 4, 1999 _ October 29, 2001 May 29, 1996 October 1, 2001 April 17, 1996 • Request for connection to police alarm panel: 0 2212 Richmond Road 0 1301 N. Riverside Drive • Proposal from Mayfair Carpet for purchase and installation of tile in the women's restroom adjacent to the lobby in the Municipal Center; • Authorization to issue Bid Specifications for Exclusive Scavenger License; • Award of Bid-2003 Test Well Drilling Program for Well No. 12; • McHenry County Economic Development Corporation Resolution on Local Business Preference in Procuring Goods and Services; • Proclamation declaring March 17-24, 2003 Salvation Army Golden Diners Tri- County Senior Nutrition Week; • Resolution on Intent of City to Abide by the Terms of the Robert G. Petersen Trust regarding the Petersen Farm Homestead. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. PROCLAMATION DECLARING MARCH 2O03 AS YOUTH ART MONTH AND MUSIC IN OUR SCHOOLS MONTH Alderman Glab stated in light of the School Referendum on April 1, 2003 Consolidated Election Ballot, clarification should be made that the City does not project bias for or against the District 15 Referendum by supporting the Proclamation declaring March 3, 2003 Page 3 March 2003 Youth Art Month and Music in Our Schools Month. Motion by Glab, seconded by Bolger, to approve a proclamation declaring March 2003 Youth Art Month and Music in Our Schools Month. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried.. "FOR THE CHILDREN 2003 - HAND CART RACES" — REQUEST FOR USE OF PETERSEN PARK AND WAIVER OF ALL ASSOCIATED FEES Gary Mang, Union Pacific Track Maintenance Manager, was in attendance. Mr. Mang addressed Council explaining the "For the Children 2003 — Hand Cart Race" is a fund-raising event, initiated by the employees of Union Pacific Railroad to raise money for children's causes. Mr. Mang requested the use of Petersen Park on Sunday, August 17, 2003 for the event. He also requested the City of McHenry waive all user fees due to the fund-raising nature of the event. The Committee will be responsible for handling clean-up, as well as supplying liability insurance. _ Additionally, Mr. Mang requested the following: • On Sunday, August 17, 2003 in Petersen Park, Children's Crossing, Inc., a volunteer non-profit organization, would like to host a "Taste of McHenry" event. Several local restaurants have expressed an interest in providing food the day of the event. • Consideration by Council that every third weekend in August be promoted and designated "For the Children Weekend" in the City of McHenry. Mr. Mang responded affirmatively to Alderman Murgatroyd's inquiry stating participating "Taste of McHenry" restaurants would donate proceeds to the charity on the day of the - event. Motion by Bolger, seconded by Murgatroyd, to approve: • The use of Petersen Park by the Children's Crossing, Inc. Committee "For the Children 2003 Hand Cart Races" on Sunday, August 17 2003, waiving all associated fees, subject to: o the provision of appropriate insurance certificates naming the City of McHenry as an additional insured, and o the City shall provide the required refuse dumpsters and crews to facilitate clean-up; • Approving the Committee hosting a "Taste of McHenry" in Petersen Park on August 17, 2003; • Designating the third weekend in August of each year "For the Children Weekend" in the City of McHenry. March 3, 2003 Page 4 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Mr. Mang presented the City of McHenry with a plaque in recognition of the support received over the past years. REQUEST FOR VARIANCE TO ALLOW TWO ADDITIONAL DRIVEWAY CURB CUTS FOR CHARLES HERDRICH, LOCATED AT 4040 W. DAYTON Director of Community Development Napolitano informed Council he received correspondence from Donald C. Tonyan on behalf on Chas. Herdrich & Sons Distributors, located at 4040 Dayton Street, Applicant. The Applicant is planning an expansion, which would double the size of the existing beverage distribution business. With the expansion, the Applicant is requesting two additional curb cuts onto Dayton Street. The additional curb cuts will allow more efficient loading and unloading of the product on the site. Staff expressed no concern although Director Napolitano stated four curb cuts to be unusual. He noted the site has frontage of 730 feet consisting of three platted lots. The existing building exists on Lots 2 and 3 and the expansion will occur on Lot 1. It can reasonably be assumed if someone other than Applicant was to develop Lot 1 at least one and possibly two driveways would be constructed. Director Napolitano informed Council , the City Municipal Code states no more than two driveways are permitted on a non- residential lot and they must be at least 100 feet apart. The Applicant's request meets this driveway separation requirement. Motion by Glab, seconded by Wimmer, to approve the request for a variance to allow two additional driveway curb cuts for Chas. Herdrich & Sons Distributors, located at 4040 Dayton Street. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. - Voting Nay: None. Absent: None. Motion carried. APPROVAL OF FINAL PLAT OF BOONE CREEK UNIT 6 Mayor Althoff informed Council Boone Creek Venture is requesting Final Plat approval for Boone Creek Unit 6, located on the west side of Crystal Lake Road opposite Glenbrook Trail. It was noted Unit 6 is the final residential unit in the Boone Creek development. Mayor Althoff noted the presence in the audience of David Backhaus, a partner in Boone Creek Venture, Robert Shannon of Gerstad Builders and Attorney James Cowlin, representing the Applicants. Director Napolitano stated the property is zoned RS-3 around the perimeter, adjacent to the Winding Creek Subdivision, and RM-1 and RM-2 on the interior portion of March 3, 2003 Page 5 the property. He noted the developer was granted zoning and preliminary subdivision plat approval for no more than 31 single-family lots on the RS-3 portion of the property. Director Napolitano noted on the RM-1 portion of the property the developer was allowed no more than 40 townhome units and on the RM-2 portion of the property the developer was allowed no more than 130 condominium units in three-story buildings. Director Napolitano stated the Final Plat presented to the Planning and Zoning Commission and Council is in substantial conformance with the Preliminary Plat previously approved by the City with the following modifications: • Rather than 40 townhome units and 130 condominiums Applicant is proposing 170 townhome units; and • The two access roads on the interior of the multi-family portion of the project, Whitaker Trail and Stoneridge Trail, would be private roads. Director Napolitano noted a third issue, not addressed in the original Annexation Agreement, but identified at the Planning and Zoning Commission, is the need for a northbound left turn lane on Crystal Lake Road into the development. It was noted, after meeting with Staff, the following solutions were proposed to satisfy concerns: 1. Townhome vs. Condominium. The Applicant indicated the market conditions have changed regarding traditional condominiums, noting there is no change in the number of proposed units to be constructed on the property. a. Staff indicated no concerns with the proposed change. 2. Public vs. Private Streets. The Applicant proposes installation of decorative entrance gates and to mark the roads as "private roads" giving the impression of an exclusive area. The Applicant believes this to be consistent with the private drive that would have been constructed to serve the condominium units. a. Staff indicated this adequately addressed the City's concerns. 3. Left Turn Lane into the Development. Applicant proposes providing to the City of McHenry half the cost of installation of a left turn lane, up to $50,000, for future improvement of Crystal Lake Road, to be deposited with the City of McHenry for a period of seven (7) years. If, after the 7-year period, the improvements are not constructed, the Applicant will be refunded the money. a. Staff suggests accepting the cash donation of $50,000 to be used toward future improvements. Alderman Glab expressed concern regarding the issue of townhome units versus condominium,units. Responding to Alderman Glab's inquiry, City Attorney Cahill opined there existed no sufficient difference between townhome units and condominium units to merit a Public Hearing. t Alderman Glab expressed concern regarding future maintenance of the private streets. Mr. Backhaus responded, stating the private roads would meet all City standards. March 3, 2003 Page 6 Responding to Alderman Murgatroyd's inquiry regarding whether the $50,000 donation was targeted for improvements on Crystal Lake Road, Bull Valley Road or both, Mr. Backhaus stated the $50,000 is proposed for Crystal Lake Road improvements only. Director Napolitano, responding to Alderman Murgatroyd's request for clarification regarding RM-1 and RM-2 zoning, stated it was a .matter of the number of bedrooms per unit requiring a certain number of square footage. Alderman Murgatroyd suggested inclusion of the following language in the Covenants and on the Final Plat: • The private roads are currently and will remain private roads; and • The detention pond is a common area and maintenance of the detention pond will be the responsibility of the homeowners. Alderman Glab expressed concern with soil conditions and drainage. Director Napolitano stated City Engineer Baxter & Woodman has reviewed and approved the engineering plans submitted regarding drainage. Robert Shannon of Gerstad Builders informed Council soil samples were taken and analyzed. Responding to Alderman Murgatroyd's inquiry, Mr. Backhaus stated the build-out _ will be completed in three to four years. Mr. Backhaus stated he was agreeable to depositing $50,000 with the City of McHenry for future improvements, at either intersection on Crystal Lake Road, with the understanding, if, after a 7-year period, improvements have not been constructed, the City of McHenry would refund the $50,000 to the Applicants. Motion by Bolger, seconded by Low, to direct Staff to prepare an Ordinance approving the Final Plat of Subdivision for Boone Creek Unit No. 6, subject to the following: • The Final Plat is to be recorded within six months of Council approval; • Inclusion of the following language in the Covenants and on the Final Plat: o The private roads are and will remain private roads; and o The detention pond is a common area and maintenance of the detention pond will be the responsibility of the homeowners. • The deposit of $50,000 for future improvements at either intersection on Crystal Lake Road, with the understanding, if, after a 7-year period, improvements have not been constructed, the City of McHenry would refund the $50,000 to Applicants. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH BANKING FACILITY LOCATED AT 1689 NORTH DRAPER Mayor Althoff reminded Council the development was recommended for approval by Council at the February 17, 2003 regularly scheduled meeting. March 3, 2003 Page 7 Motion by Low, seconded by Murgatroyd, to approve and authorize the Mayor and City Clerk's execution of an ordinance granting a Conditional Use Permit for a drive-thru banking facility at 1689 North Draper Road. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. Motion carried. INTERGOVERNMENTAL AGREEMENT WITH THE MCHENRY COUNTY CONSERVATION DISTRICT Assistant City Administrator Lockerby informed the Council the City of McHenry and the McHenry County Conservation District (MCCD) have worked cooperatively to provide bike paths through the City, including the Prairie Trail beginning at the McHenry County line south of Algonquin and north to the Wisconsin border. He stated the Intergovernmental Agreement accomplishes the goal of ensuring the Prairie Trail remains for the future. The City can connect future paths to the Prairie Trail and the MCCD can add users' amenities focusing on property immediately under and adjacent to the existing Prairie Trail. Assistant City Administrator Lockerby noted a clause has been added to the Agreement indicating this Agreement supersedes other Agreements. He stated the MCCD approved the Agreement on February 20, 2003 with the intent of accomplishing the following: 1. Enabling future bike paths that are non-district owned to be constructed and connected to the Prairie Trail at no cost. 2. Enabling the MCCD to ensure the bike path remains as long as it is servicing the public. 3. Providing irrevocable access to the paths for each entity; and 4. Assuring the City of McHenry will provide land for the construction of a restroom - facility, maintenance/storage building, parking, shelter and water fountain. Motion by Bolger, seconded by Low, to authorize the Mayor's execution of an Intergovernmental Agreement between the City of McHenry and the McHenry County Conservation District permitting reciprocal access and transfer of property; and, authorizing the Mayor and City Clerk's execution of a Resolution Authorizing Transfer of Property. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: None. Abstained: Glab. Absent: None. �- Motion carried. March 3, 2003 Page 8 RENEWAL OF SIGN PERMIT FOR OFF-SITE ADVERTISING SIGN FOR KRESSWOOD TRAILS LOCATED AT THE NORTHWEST CORNER OF ROUTE 31 AND BULL VALLEY ROAD Director of Community Development Napolitano stated in May 2001 the Pacini Group LLC received Council approval for a 14' x 16' sign to advertise the Kresswood Trails Subdivision. The sign is located at the northwest corner of Route 31 and Bull Valley Road. He noted the sign was approved on the condition Applicant renew the sign permit annually. Director Napolitano informed Council it was recently discovered, due to a bookkeeping error, the sign was not renewed in June 2002. Applicant was contacted and submitted a letter seeking Council approval renewing the sign permit. Director Napolitano noted the second phase of Kresswood Trails has started, with 60 units remaining to be built. Staff recommends the sign permit be renewed until March 3, 2004. Motion by Glab, seconded by Bolger, to approve renewal of the sign permit.for a sign 14' x 16' advertising Kresswood Trails to be situated at the northwest corner of Route 31 and Bull Valley Road until March 3, 2004. - Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent:' None. Motion carried. DEVELOPMENT AGREEMENT— KENNEDY HOMES LIMITED PARTNERSHIP Director of Public Works Marcinko informed Council he has been informed by City Engineer Baxter & Woodman the lift station and associated equipment installed within the Riverside Hollow Subdivision does not meet the specifications of the approved final engineering plans. Director Marcinko stated Kennedy Homes Limited Partnership is requesting the City issue ten temporary occupancy permits and Council approve a Development Agreement permitting the developer to meet the specifications of the final engineering plans within sixty days from the date of the agreement. Mr. John Emigh, representing Kennedy Homes, stated the current lift station functions perfectly well. However, in the event the temporary lift station fails, or has maintenance issues, prior to installation of the approved equipment, the problem would be addressed immediately at the expense of Kennedy Homes. Responding to an inquiry from Alderman Wimmer, Director of Public Works Marcinko stated the temporary lift station would be monitored, as are all lift stations within the City limits, through the use of an alarm which is tied into the 911 system notifying Public Works in the event of a system failure. City Administrator Maxeiner opined Staffs concern is the potential for problems March 3, 2003 Page 9 during the transition from one system to another rather than with the actual operation of the lift station. Carl Moon of Baxter & Woodman stated a provision has been included in the Development Agreement which indemnifies and holds harmless the City from loss or damage arising from the existing lift station and incorrect equipment installation. Alderman Low opined concerns the lift station did not meet the specifications of the final engineering plans and expressed reluctance regarding the approval of the Development Agreement. Alderman Murgatroyd concurred with Alderman Low. He opined he would prefer the matter regarding the lift station be resolved prior to issuance of any occupancy permits. Responding to an inquiry from Alderman Murgatroyd, Director Marcinko stated, should a problem occur at the existing temporary lift station, due to the lack of compliance with engineering specifications, the City of McHenry would not be in a position to readily make repairs. Motion by Murgatroyd, seconded by Low, to deny Kennedy Homes Limited Partnership's request for a Development Agreement to permit the existing temporary lift station within the Riverside Hollow Subdivision; and to deny the request regarding issuance of ten occupancy permits in Phase I so long as a lift station with equipment meeting specifications is installed within 60 days. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Althoff requested Council authorization to draft a letter to the General Assembly supporting a proposed Bill preserving the municipal share of the State Income Tax at a minimum of one-tenth. It was the consensus of Council to direct Staff to draft a letter for submission to the General Assembly and individual legislators in support of a proposed Bill preserving the municipal share of the State Income Tax at a minimum of one- tenth. Mayor Althoff informed Council she attended a meeting of the Riverside Business Association and was apprised of a potential fundraising event with an "Oscar Night" theme in late March, sponsored by retailers. The event will be held at the movie theatre on Green Street to promote the downtown area. COMMITTEE REPORTS Alderman Wimmer stated a Community Development Committee meeting is scheduled on Wednesday, March 5, 2003 at 3:30 p.m. in the Aldermen's Conference Room. DEPARTMENT HEAD REPORTS Director of Community Development Napolitano reported there are two County March 3, 2003 Page 10 zoning actions pending. Staff will be seeking direction from Council in the near future. A letter has been sent to the County Zoning Board of Appeals regarding a proposed landscaping business on the east side of River Road, south of Old River Road and the ByPass, which is in conflict with the City's Comprehensive Plan. A motion will be forthcoming in April 2003. Additionally, Director Napolitano stated he received notice today of a request to build a structure on the east side of River Road, north of the bridge on Miller Road. The structure appears to be thirty-four feet from the centerline of River Road, which has a 56-foot right-of way. Staff suggests construction of a structure so close to River Road would inhibit future expansion of the road. Director Napolitano stated he would continue to keep Council apprised of both matters. Director Napolitano informed Council he was in possession of a draft of the Northside Drainage Study. He stated Staff will be studying the report this week and finalizing the study by the end of March. Director Napolitano requested Council consider a date for a Committee of the Whole meeting to consider a proposal for an apartment/condominium project between Miller Road and Bull Valley Road. City Clerk Jones informed Council the Spring Newsletter has been provided to the U.S. Post Office, mailing is anticipated on March 4, 2003. She stated this issue of the newsletter includes information pertaining to the following: • City Clean-up Program, beginning on May 19, 2003; • Yard Waste Collection, beginning on April 7, 2003; and • Spring Brush Pick-up, beginning on April 21, 2003. City Administrator Maxeiner stated it was the intention of Staff to provide Council with a draft of the Budget Request by March 3, 2003. Information from the State of Illinois has since been received which may necessitate revision of the proposal. City Administrator Maxeiner informed Council Sales Tax Revenue has not been received from the State for the months of January and February 2003. Additionally, the State Income Tax receipts were not distributed for the month of December 2002, and no distribution has been received to date for the year 2003. While awaiting answers from the State, a critical, conservative approach is being addressed by Staff regarding the Budget. City Administrator Maxeiner informed Council he anticipates distribution of the draft Budget by Friday, March 7, 2003. NEW BUSINESS Alderman Glab informed Council the residents of Park Ridge Estates are requesting use of the Council Chambers on Wednesday, March 19, 2003 from 7:00 p.m. to 9:00 p.m. for a neighborhood meeting to further discuss the transition of the Homeowners Association from the developer to the homeowners. Alderman Glab expressed continued concern regarding the 55 mph speed limit on Bull Valley Road and;requested Council direct Staff to again petition the County to lower the speed limit on Bull Valley Road to 45 mph. March 3, 2003 Page 11 Motion by Glab, seconded by Murgatroyd, to direct Staff to petition the County of McHenry to lower the speed limit on Bull Valley Road from 55 mph to 45 mph. Voting Aye: Bolger, Glab, Low, Murgatroyd. Voting Nay: Wimmer. Absent: None. Motion carried. Alderman Glab requested Staff research the possibility of a Referendum to initiate a municipal property transfer tax, which might generate revenue to be diverted to schools. Mayor Althoff assured Alderman Glab Staff would research the topic and include the information in the Friday Report. City Attorney Cahill, responding to Alderman Glab's inquiry, stated in a non-home rule municipality, the Illinois Municipal Code articulates impact fees can only be imposed at the time the property is subdivided. Once subdivided and the property is developed, no authority exists to impose further fees. Alderman Wimmer thanked Director of Public Works Marcinko for his assistance in resolution of the matters regarding the Pioneer Center and the clean-up of a vacant lot in McHenry Shores. Responding to Alderman Murgatroyd's inquiry, Director of Parks & Recreation Merkel stated no date is set for re-opening of the City parks, as it depends mainly on weather conditions. Alderman Murgatroyd stated he would like to see procedures established for unlocking and locking of the gates at the City parks prior to re-opening of the City parks in the Spring of 2003. Chairman Alderman Low of the Parks & Recreation Committee concurred with Alderman Murgatroyd, suggesting this item be included on the agenda for the next Parks & Recreation Committee meeting, and that Police Chief O'Meara or Deputy Chief Brogan be invited to attend in order to suggest possible alternatives. ADJOURNMENT - Motion by Low, seconded by Glab, to adjourn the meeting at 8:59 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:59 p.m. MOOR CLER