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HomeMy WebLinkAboutMinutes - 12/20/2004 - City Council REGULAR MEETING DECEMBER 20, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 20, 2004 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, City Clerk Jones, Director of Public Works Marcinko, Director of Finance Kline, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, City Attorney McArdle, Chief of Police O'Meara.. Absent: None. PUBLIC HEARING: VACATION OF PORTION OF RIDGEVIEW DRIVE AND DEDICATION OF ALTERNATIVE RIDGEVIEW DRIVE NORTH OF BULL VALLEY ROAD AND EAST OF RAILROAD TRACKS Mayor Low opened the Public Hearing regarding the vacation of a portion of Ridgeview Drive and the dedication of an alternative Ridgeview Drive, north of Bull Valley Road and east of the railroad tracks at 7:31 p.m. Director of Community Development Napolitano informed Council that it is the intent of the Pacini Group to move forward with the development of their property, which is located generally at the northwest comer of Illinois Route 31 and Bull Valley Road. He reiterated that in July of 2004 Pacini received variances from the City's Subdivision Control Ordinance, which were necessary in order to meet U.S. Army Corp of Engineer requirements for mitigating wetlands on the site. Pacini is now before Council requesting the City vacate an existing 60 foot wide right-of-way for Ridgeview and Dartmoor Drives and approve a realigned right-of-way for these future roads. Pacini Group contends these f changes are necessary to avoid wetlands and comply with a requirement imposed by the U.S. Army Corp of Engineers. Director Napolitano provided Council with background information regarding the subject property. He noted the City granted an easement for sanitary sewer through the property and the sewer line roughly followed the path of the right-of-way. Director Napolitano stated that in 1999 in order to accommodate the Buss Ford facility the right-of- way on the property was relocated. The realigned right-of-way consisted of a northern extension of Ridgeview Drive from Bull Valley Road and an extension of Dartmoor Drive eastward from the Union Pack Railroad tracks to Illinois Route 31, opposite Knox Park Drive. As a condition of the realignment approval, Council agreed to a 7-year sunset clause expiring April 21, 2006 for the Dartmoor Drive rail crossing for the City to secure the necessary written approvals for a rail crossing at Dartmoor Drive. Director Napolitano stated the Pacini Group has been readying the subject property for development, working with the U.S. Army Corp of Engineers to preserve and mitigate the extensive wetlands on the property. Following numerous design changes necessitated by the Corp, Pacini has finally satisfied the requirements imposed by the Corps and received permission to fill and mitigate wetlands on the property. Due to the amount and location of the wetlands on the site, the Corps has required that the existing Ridgeview and Dartmoor Drives right-of-way be relocated. The proposed reconfiguration generally �. follows the course of the existing right-of-way. Director Napolitano noted a 60-foot wide right-of-way is being reserved for future roadway purposes, which could connect to the existing Dartmoor Drive, west of the railroad tracks, should a railroad crossing be granted December 20, 2004 Page 2 in the future. Director Napolitano recommended that should Council grant the Plat of Dedication, under Grantor's Certificate the word "easement" be changed to "right-of-way". Motion by Bolger, seconded by Condon, to close the Public Hearing at 7:51 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. City Attorney McArdle noted that an affirmative vote of six of the seven aldermen, three-fourths, is required to pass an ordinance vacating the right-of-way. Attorney Jeremy Shaw, of Militello, Zanck and Coen, was in attendance representing the Pacini Group. Responding to Alderman Glab's inquiry regarding the Dartmoor Drive stub should a crossing not be granted, Attorney Shaw stated development of the property is not contingent upon the existence of the stub. Alderman Glab stated that prior to moving forward with approval of this matter he would encourage Council to review the developer's concept plan in its entirety. Alderman Condon expressed concerns with regard to an additional railroad crossing in Ward 7. Director Napolitano responded to Alderman Murgatroyd's inquiry stating the reconfiguration cannot remain as is. A vacation is required due to wetland mitigation issues. Alderman Peterson stated his lack of support for both a future railroad crossing at the site and the stub remaining at the site. He noted he would however be willing to consider support of the reconfiguration. Mayor Low indicated that Staff could be directed to prepare an ordinance vacating a portion of Ridgeview Drive, or the Plat of Vacation and the Plat of Dedication could be considered separately. City Administrator Maxeiner noted the Transportation Committee is currently reviewing the issues regarding a crossing at Dartmoor Drive. Motion by Murgatroyd, seconded by Wimmer, to direct Staff to prepare an ordinance vacating a portion of Ridgeview Drive and approving the Plat of Vacation of a portion of Ridgeview Drive as recommended by Staff. December 20, 2004 Page 3 Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion denied. City Attorney McArdle noted that Council, having denied the motion regarding the Plat of Vacation, need not consider a motion regarding the Plat of Dedication. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as presented: A. Request to Advertise for Bids for---urchase of Backhoe/Loader for Public Works Water Division; B. Resolution R-04-014 increasing Water Sewer User Rates; C. City Council Minutes: a. December 6, 2004 regularly scheduled meeting D. List of Bills: GENERAL FUND ACE HARDWARE, BJORKMAN'S 2,101.86 ADAMS ENTERPRISES INC, R 182.15 ADAMS OUTDOOR POWER EQUI 17.90 ADAMS STEEL SERVICE INC 1,952.63 ALEXANDER LUMBER CO 199.78 AMERA-CHEM INC 39.95 AMOCO OIL CO 19,284.05 ARAMARK WORK APPAREL 6 U 310.95 ARMOR HOLDINGS FORENSICS 89.00 ARNET, ALICE 88.00 BARNES DISTRIBUTION 903.52 BERGGREN, LOREN W 238.45 BIRK, JOHN 19.75 BJORKMANS ACE HARDWARE 30.00 BLUELINE.COM, THE 298.00 BONCOSKY OIL COMPANY 12,702.83 BOTTS WELDING 6 TRUCK SE 184.00 BRADY & ASSOCIATES, PHIL 5,318.00 BULL VALLEY BP 54.00 BUNCH DISTRIBUTING INC 55.72 BUSS FORD SALES 1,008.85 CABLE, ARLETTE 18.00 CHICAGO COMMUNICATION SE 3,859.75 CINQUEGRANI, NICHOLAS L 1,472.11 CINTAS CORPORATION #355 247.93 CLIFFORD-WALD 98.56 COMED 17,643.79 COMMUNICATIONS REVOLVING 425.25 CONAWAY, TINA 159.33 CONSERV FS 39.96 CORPORATE DISK COMPANY 30.00 CORPORATE EXPRESS INC 9.72 CRAFT CONCRETE PRODUCTS 114.30 CRITICAL REACH 105.00 CRYSTAL MANOR STABLE 380.00 CURRAN CONTRACTING COMPA 324.61 CUSTOM VEHICLE SYSTEMS I 35.00 DECKER SUPPLY CO INC 376.90 DONS CLEANERS 31.05 EAST JORDAN IRON WORKS 41.50 EXTREME JEEP 30.00 FAST EDDIES CAR WASH 145.75 December 20, 2004 Page 4 FEDEX 26.20 FISCHER BROS FRESH 2,582.89 FLESCH COMPANY INC, GORD 180.45 FOXCROFT MEADOWS INC 490.28 FREUND INTERNATIONAL 226.43 G IMPRESSIONS INC 112.00 GALLS INCORPORATED 770.07 GIBSON INC 207.00 GITZKE, WILLIAM 155.90 GLASS BARN, THE 501.39 GOVERNMENT FINANCE OFFIC 130.00 GREAT LAKES FIRE 6 SAFET 206.90 HANSEN'S ALIGNMENT, DON 115.00 HARM'S FARM 715.99 HERITAGE-CRYSTAL CLEAN 82.45 HETTERMANN, KATHLEEN 28.71 HEY AND ASSOCIATES INC 291.34 HORNUNG, DAWN 170.00 HP SHOOTING CENTER INC 150.00 ICC 100.00 ILLINOIS ASSOC OF CHIEFS 135.00 INLAND DETROIT DIESEL AL 1,736.88 INTEGRA BUSINESS SYSTEMS 62.15 INTRAVARTOLO, TODD 675.00 IPRA 2,037.50 JEWEL FOOD STORES 2,205.00 JOHNSBURG BOWL INC 275.00 JULIE INC 137.23 JUNGMANN, MARLENE B 255.00 KALE UNIFORMS INC 988.00 KENNEDY HOMES 30.00 KIMBALL HILLS HOMES 60.00 KIWANIS CLUB OF MCHENRY 115.00 KRANZ, ANNE 102.90 KREASSIG, DANIEL 22.43 KUSTOM SIGNALS INC 84.00 LANG CHEVROLET INC, GARY 16,876.00 LAW ENFORCEMENT SYSTEMS 222.00 LEACH ENTERPRISES INC 119.95 LETN PRIMEDIA WORKPLACE 376.00 LOCKER'S FLOWERS 82.00 LORCH, NANCY 167.24 LOW, SUSAN 29.97 LUNSMANN, JOAN 74.66 MAINTENANCE COATINGS CO 1,408.00 MARATHON TOWING 50.00 MARENGO DISPOSAL CO 4,060.00 MATTSON, BETH 18.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 71,433.00 MCHENRY COMMUNITY SCHOOL 1,132.69 MCHENRY COUNTY RECORDER 540.00 MCHENRY COUNTY SUPPLY IN 535.94 MCHENRY ELECTRIC S SUPPL 994.24 MCHENRY FIRESTONE 191.80 MCHENRY NAPA 1,354.90 MCHENRY SPECIALTIES 160.00 MEINTZ, MICHELLE 66.00 MEYER MATERIAL COMPANY 46.00 MICROFLEX 464.50 MID AMERICAN WATER OF WA 162.00 MINUTEMAN PRESS OF MCH 24.00 MITCHELL BUICK OLDSMOBIL 20.21 MOTOROLA 165.87 MULTIDIMENSIONAL THERAPI 168.00 NATIONAL RECREATION AND 135.85 NENA 95.00 NETT, MONICA 122.75 NEXTEL COMMUNICATIONS 3,882.36 NICOR GAS 420.69 _ NORSHORE ALARM CO INC 255.00 NORTH EAST MULTI-REGIONA 75.00 NORTHERN KEY 6 LOCK INC 30.00 NORTHWEST ELECTRICAL SUP 746.65 NWBOCA 30.00 O'MEARA, THOMAS 50.55 OCCUPATIONAL FOOTWEAR CO 288.18 December 20, 2004 Page 5 OCHOCKI, ADRIANA 124.50 OFFICE DEPOT INC 76.19 OFFICEMAX - A BOISE COMP 906.70 ORIENTAL TRADING CO INC 183.70 PETALS & STEMS 89.50 PETERSEN SAND & GRAVEL 757.37 PITNEY BOWES INC 251.80 POSTER COMPLIANCE CENTER 46.25 POWER MUSIC 96.83 QUICK, KATHLEEN 103.17 QUILL CORPORATION 79.60 QUINLAN PUBLISHING CO IN 127.00 R & S DISTRIBUTORS INC 201.65 RADIOSHACK CORPORATION 6.79 REALTY EXECUTIVES 30.00 REICH, RON 20.00 RELIABLE SAND & GRAVEL 329.00 RINGWOOD BP 30.00 ROCKFORD INDUSTRIAL 259.00 ROGERS, MATT 94.98 ROTARY CLUB OF MCHENRY 326.36 RUSHING, RHONDA F LANG- 45.58 RYAN HOMES, WM 30.00 SBC 4,891.09 SBC LONG DISTANCE 104.37 SCHWALENBERG, RYAN 341.85 SEXTON, ERIC M 18.20 SHAKESPEARE'S CHILD ACAD 2,447.50 SHERMAN MECHANICAL INC 6,517.00 SHERWIN WILLIAMS CO, THE 78.20 SIMON, BONNIE 50.00 SOLUTIONS WIRELESS 14.99 SPRING ALIGN OF PALATINE 660.40 SSMG 3,269.65 ST PAULS EPISCOPAL CHURC 2,046.00 STAN'S FINANCIAL SERVICE 556.00 STANS OFFICE TECHNOLOGIE 79.23 STATE TREASURER IDOT 2,503.32 SUMMERS PORTABLE TOILETS 213.00 THEODORE POLYGRAPH SERV 125.00 THOMAS TRUCKING INC, KEN 460.00 THREE D DEISGN STUDIO LL 59.14 TRAFFIC CONTROL & PROTEC 2,515.14 ULTRA STROBE COMMUNICAIT 235.70 UNIVERSITY OF ILLINOIS 3,971.27 VERMEER MIDWEST\VERMEER 144.00 VIRGILS, LAURA L 56.30 VORHEES, MARCIA 49.00 WARREN, MS JUDITH 50.00 WESTOSHA CONCRETE 225.00 WHOLESALE DIRECT INC 368.41 WIGMAN, GARY R 280.25 WILLIAMS ELECTRIC SERVIC 2,949.00 XL STEEL DOOR CO 635.48 YOUNG REMBRANDTS INC 210.00 ZMT INC 955.56 ZUKOWSKI ROGERS FLOOD & 11,382.90 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 10,990.00 MCHENRY COMMUNITY SCHOOL 15,581.00 MCHENRY PUBLIC LIBRARY 920.00 MOTOR FUEL TAX FUND NORTH AMERICAN SALT CO 6,557.81 DEVELOPER DONATION FUND CKW ARCHITECTS 17.69 CUSTOM LANDSCAPING 48,918.10 HEY AND ASSOCIATES INC 1,004.50 PARRISH PAVING 134,231.80 SMITH ENGINEERING CONSUL 626.50 THREE D DEISGN STUDIO LL 7,200.00 TIF FUND VOA ASSOCIATES INC 30,104.64 December 20, 2004 Page 6 DEBT SERVICE-1997A FUND JP MORGAN TRUST COMPANY 900.00 CAPITAL IMPROVEMENTS FUND CDW GOVERNMENT INC 5,305.00 CHICAGO COMMUNICATION SE 8,077.00 DELL 8,994.54 MCCUAIG HAEGER BOLZ & MC 862.50 SHERMAN MECHANICAL INC 5,960.00 SMITH ENGINEERING CONSUL 37,951.38 TREASURER STATE OF ILLIN 73,627.85 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 649.17 ADAMS ENTERPRISES INC, R 48.33 ADAMS STEEL SERVICE INC 53.76 ALEXANDER CHEMICAL CORP 1,035.00 AQUAPREP 4,768.50 ARAMARK WORK APPAREL & U 333.25 B&W CONTROL SYSTEMS INTE 410.96 BADGER METER INC 2,650.00 BAXTER & WOODMAN 115.02 BERKHEIMER CO INC, G W 21.74 BILLS, AMY 58.25 BONCOSKY OIL COMPANY 1,404.47 BOTTS WELDING & TRUCK SE 61.50 CAREY ELECTRIC 1,382.00 CFM GROUP INC 362.40 CHEMICAL PUMP SALES AND 548.49 CINTAS CORPORATION #355 246.29 COMED 27,253.20 CONSERV FS 82.74 D'ANGELO NATURAL SPRING 35.50 D'S MARINE SERVICE INC 245.00 FAST EDDIES CAR WASH 12.50 FOXCROFT MEADOWS INC 91.75 ..., GRAINGER 96.12 HUBER, JEREMY 16.08 INTERSTATE BATTERY SYSTE 107.95 JULIE INC 274.47 KROHN LAWN & LANDSCAPE 299.10 KTD INC 886.62 LESPERANCE, MIKE AND CIN 22.55 MCHENRY ANALYTICAL WATER 397.00 MCHENRY COUNTY SUPPLY IN 57.60 MCHENRY NAPA 115.83 METROPOLITAN INDUSTRIES 61.32 MEYER MATERIAL COMPANY 185.58 MID AMERICAN WATER OF WA 1,358.00 MIDWEST METER INC 59,740.50 NCL OF WISCONSIN INC 1,069.42 NEXTEL COMMUNICATIONS 393.46 NICOR GAS 2,132.37 OCCUPATIONAL FOOTWEAR CO 202.44 OFFICE DEPOT INC 104.19 OFFICEMAX - A BOISE COMP 122.49 PITNEY BOWES INC 59.05 QUILL CORPORATION 209.58 REGAN, MARY 30.33 REICHE'S PLUMBING SEWER 130.00 ROURKE, KEVIN 31.82 SBC 1,205.95 SCHMITT, JON 84.31 SETTLERS HILL RDF 14,530.50 TELEDYNE ISCO INC 552.38 USA BLUEBOOK 210.69 VANTAGE LEASING LLC 47.32 VIKING CHEMICAL COMPANY 6,263.45 WATER PRODUCTS - AURORA 364.18 WATER SOLUTIONS UNLIMITE 2,860.00 .-.� YENCICH, KURT 157.91 ZIEBELL WATER SERVICE PR 208.71 ZMT INC 508.68 BOND & INTEREST FUND JP MORGAN TRUST COMPANY 900.00 December 20, 2004 Page 7 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 19,790.64 MEADOW EQUIPMENT SALES & 73,134.41 TESTING SERVICE CORP 1,400.00 RISK MANAGEMENT FUND CARLE FOUNDATION PHYSICI 217.00 CENTEGRA OCCUPATIONAL ME 257.45 GALLAGHER RISK MANAGEMEN 100.00 INFORMATION TECHNOLOGY FUND CDW GOVERNMENT INC 554.00 IDENTRONICS 2,249.00 OFFICE DEPOT INC 366.70 SBC 203.27 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 11,489.92 MCHENRY COUNTY RECORDER 136.00 SMITH ENGINEERING CONSUL 9,096.10 ZUKOWSKI ROGERS FLOOD & 3,675.00 GRAND TOTALS 911,773.68 FUND TOTALS GENERAL FUND 253,406.11 ANNEXATION FUND 27,491.00 MOTOR FUEL TAX FUND 6,557.81 DEVELOPER DONATION FUND 191,998.59 TIF FUND 30,104.64 DEBT SERVICE-1997A FUND 900.00 CAPITAL IMPROVEMENTS FUND 140,778.27 WATER/SEWER FUND 136,967.77 BOND & INTEREST FUND 900.00 UTILITY IMPROVEMENTS FUND 94,325.05 RISK MANAGEMENT FUND 574.45 INFORMATION TECHNOLOGY FUND 3,372.97 RETAINED PERSONNEL ESCROW 24,397.02 TOTALS 911,773.68 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE TO REQUIRED SIDE YARD SETBACK — 3513 BRETONS DRIVE Director Napolitano informed Council that applicants, Ron and Lisa Jensen, residents of 3513 Bretons Drive, are requesting a variance to allow a hot tub in a side yard. He stated the side yard setback for the comer lot is 10% of the lot width, or 10 feet, whichever is less. He noted the house sits on a comer lot and that the required front yard faces Green Street even though the front of the house faces Bretons Drive. Director Napolitano noted the applicants installed the hot tub in conjunction with other improvements to the site including a patio upon which the hot tub is placed. The applicants contacted Staff in the Community Development Department regarding the proposed improvements. However, due to miscommunication, the applicants believed a permit was not required and inadvertently installed the hot tub 8-feet from the side lot line, 2 feet into the required side yard. Director Napolitano opined that Staff has no concerns with the applicant's request December 20, 2004 Page 8 for a variance. He stated the hot tub is located in the homeowner's usable backyard. Although it is located on a utility easement, the hot tub is not a permanent structure and could be moved if necessary. Director Napolitano indicated the Planning and Zoning Commission at a Public Hearing held on December 2, 2004 unanimously recommended approval to allow a variance from Chapter X Accessory Uses. Yards &Fences Section 10(b), Swimming Pools, to allow a hot tub in a required side yard. Motion by Bolger, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission, and to approve an ordinance granting a variance from Chapter X Accessory Uses. Yards &Fences Section 10(b) Swimming Pools to allow a hot tub in a required side yard for the property located at 3513 Bretons Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR DRIVEWAY WIDTH VARIANCE—508 BALLY ROAD Director Napolitano informed Council a letter was received from Greg Barnas, the resident of 508 Bally Road, requesting a variance to allow additional driveway width for the property. Mr. Barnas is requesting a driveway width of 44-feet. The City's driveway regulations allow for a driveway width of up to only 25-feet. Director Napolitano stated Mr. Bamas' property is presently served by a 12 foot wide concrete driveway. There is currently no garage on the site; however, Mr. Barnas has recently received a building permit to construct a new 3-car detached garage on the property. He would like to retain the existing 12 foot driveway and construct a new 32-foot driveway for the new garage. Director Napolitano noted the applicant's situation is unique in that his residence, and others on Bally Road, have river frontage and are oriented towards the Fox River. Due to this orientation nearly all of the detached garages serving these homes are located close to the street. As many of Mr. Barnas' neighbors have paved their entire frontage, granting the applicant's request would result in a similar look. Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation and to approve the request for a variance for a driveway width of 44 feet for the property located at 508 Bally Road. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TRANSFER OF LIQUOR LICENSE G-4 TO LITTLE JENNIE INC. D/B/A GREEN STREET CAFE. 1219 NORTH GREEN STREET Mayor Low informed Council that notice has been received from Mr. Art Theodoris, December 20, 2004 Page 9 owner/operator of Green Street Cafe, that he is selling his interest in the Green Street Cafe located at 1219 North Green Street. Jose Rodriguez, the chef at Green Street Cafe for over fifteen years, is purchasing Green Street Cafe. Consequently, Mr. Theodoris is requesting the transfer of the Class G-4 liquor license. Mayor Low noted Mr. Rodriguez is a resident of the City of McHenry and will manage the business. Mr. Rodriguez has agreed to become BASSETT certified and is conversant with the State of Illinois liquor control regulations. Mayor Low stated that she has met with Mr. Rodriguez, he has been fingerprinted by the McHenry Police Department and the required paperwork and fees have been submitted. Mayor Low as Liquor Commissioner is recommending approval of the request to transfer the Class G-4 liquor license to Jose Rodriguez of Little Jennie, Inc. d/b/a Green Street Cafe. Motion by Bolger, seconded by Glab, to approve the request to transfer the Class G-4 liquor license to Jose Rodriguez of Little Jennie, Inc. d/b/a Green Street Cafe, subject to: • satisfactory fingerprint results, and • that all employees involved in the sale of alcohol at the restaurant attending BASSETT training. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO APPROVE MCHENRY RIVERWALK DESIGN ADD- ALTERNATES Bill Hobson, Community Project Coordinator, reiterated to Council that in June 2003 the City entered into a contract with VOA and Associates to design the Riverwalk for McHenry. The contract stipulates the development of a base path following Boone Creek and a portion of the Fox River. He noted that any additional design features outside of the base path specified in the contract would be add alternates and would incur additional costs for design work for preparation of bid documents as well as construction costs, should Council choose to pursue the options. As Council is aware the Riverwalk Foundation has played a prominent role in working with the landscape architect to design the Riverwalk. A sub-group of the Foundation, the Liaison Committee, was formed to provide frequent interaction with staff and the landscape architect to review drawings and make suggestions on ideas conforming to the community and areas which need additional work. The Liaison Committee has identified a number of additional design elements which they deem worthy of consideration. Mr. Hobson noted in some cases the additional items have been suggested at the request of property owners identifying elements they would like included on or along their property. Additional designs have evolved utilizing historical elements from the City of McHenry's past. December 20, 2004 Page 10 Mr. Hobson stated a total of 22 potential add alternates to the Riverwalk project have been identified. He noted the Liaison Committee has reviewed the add alternate list, weighed the benefits against the costs, and presented their recommendations to the Riverwalk Foundation. The Riverwalk Foundation is recommending Council authorize VOA and Associates to prepare the construction documents for 14 of the identified add alternates, which would result in an addition to the VOA contract amount of$69,228. Mr. Hobson stated, should Council award a bid including the 14 add alternates, it is estimated the add alternates would add approximately $1.6 million to the Riverwalk construction project. However, he noted the items would be bid separately and Council would be able to pick and choose from the add alternates after bid prices are obtained. Mr. Hobson stated that authorizing VOA and Associates to design the add alternates does not commit the City to construction of the additional items. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation, to approve VOA and Associates architectural design of fourteen add alternates submitted by the Riverwalk Foundation, in the amount of$69,228, as follows: • Historic bridge • Bathroom structure between historic bridge and parking lot • New path from Riverwalk to Waukegan Road, west of Green Street • Ornamental gateway structure on Waukegan Road • Green Street improvements _ • Coffer dam and walkway under Green Street • Extra boardwalk along Joey T's frontage • Pedestrian connections to Riverside Drive along State Route 120 • Ornamental metal gateway at path to Riverside Drive along State Route 120 • Pedestrian connection to Riverside Drive north of Bimbo's • Pedestrian connection to Riverside Drive along Pearl Street • Ornamental gateway structure on Pearl Street • Rebuild private piers north of Miller's Point • Electric heaters at Miller's Point Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Not Voting: Glab. Absent: None. Motion carried. DISCUSSION REGARDING THE REVISED CONCEPT PLAN FOR PROPOSED ADAMS FARM DEVELOPMENT Director Napolitano informed Council that Applicant Roger Gerstad of Gerstad Builders last appeared before Council on November 15, 2004, at which time a Public Hearing for the proposed Annexation Agreement was held. At that time, Council expressed several concerns regarding the development, notably: December 20, 2004 Page 11 • Reduced size of lots (9,000 square foot in area) and density; • Utilization of clustering concept west of Curran Road; • The amount of multi-family proposed in the development; • Multi-family portion of the project located too close to the Boone Creek Corridor; preservation and long-term maintenance of the corridor; and erosion control during construction; • Commercial area east of Curran Road; • Type of commercial use permitted and possibly restricting commercial development; • Traffic, removal of the northernmost intersection on Curran Road and concern with regards to the curb cut from Neighborhood 1 onto Bull Valley Road; • Locating detention areas within Boone Creek Corridor Park on the west side of Curran Road being restricted only to immediate residents, due to its location; • Address uniform fencing restrictions in the Annexation Agreement; • Name of the proposed development Director Napolitano reiterated that in spite of the concerns expressed by Council, by a vote of 4 to 3 the developer was encouraged to proceed with the project. Director Napolitano stated the applicant has submitted a revised concept plan, noting: • The commercial areas and Neighborhoods 1, 5, 6 and 7 remain unchanged; • Neighborhoods 2, 3 and 4 have been changed, however density remains at 550 units; • Neighborhood 2, east of Curran Road is reconfigured to increase the buffer between buildings and Boone Creek to 400 feet. This resulted in an increase of townhome units from 128 to 136 • Neighborhood 3 was adjusted resulting in the addition of 2 single-family lots, from 43 to 45; • Neighborhood 4, on the west side of Curran Road, 40 duplex units were replaced with 30 lots for single-family detached dwellings. Roger Gerstad reiterated to Council that he is under time constraints, and it is necessary that decisions be reached by the end of 2004 regarding development of the property. Alderman Bolger opined the Applicant appears to have addressed the concerns expressed by the Boone Creek Watershed Alliance. Alderman Glab expressed continued concern regarding the density in the 9.7 acre commercial property and the residential portion of the development. Alderman Peterson stated he is concerned with vehicular traffic in the area and the potential developments impact at the intersections. Additionally, he noted the following concerns: 1- . Density in Neighborhood 1 • Width of Boone Creek open space corridor December 20, 2004 Page 12 • Configuration of Neighborhood 4 -L • Placement of the commercial site • Number of building permits requested in the Annexation Agreement Mayor Low concurred with Alderman Bolger, noting the developer has cooperated with Council and addressed requests and concerns expressed at previous meetings. She requested Council concentrate on issues involving only the Concept Plan at this evening's meeting. Alderman Murgatroyd stated he appreciated that the developer removed duplexes from the Concept Plan. He opined he is not in favor additional townhomes on the east side of Curran Road. Alderman Murgatroyd noted he assumes the developer would be addressing specific issues regarding ingress and egress concerning commercial development on the property indicated. Mayor Low indicated she continues to have concerns regarding the location of the commercial complex and the effect it would have on traffic flow and the density of the project. At this point Mr. Gerstad presented an Alternate Concept Plan reconfiguring Neighborhood 2. He opined he does not believe the project could move forward with a density of less than 550 units. Mr. Gerstad stated he believes he has presented a viable ,— Concept Plan that would benefit the City of McHenry. Mr. Gerstad responding to Mayor Lows inquiry stated he is seeking a consensus from Council as to how he should proceed. Attorney Sam Diamond, representing Gerstad Builders, suggested Council maintain control over the commercial acreage and that outstanding issues regarding the commercial portion of the project be resolved at a later date and not prevent the project from moving forward. Denise O'Donnell of the Boone Creek Watershed Alliance, requested permission to speak. Ms. O'Donnell stated, for the record, that the Boone Creek Watershed Alliance has only just begun working with the developer and expressed numerous concerns with the development. She stated the Boone Creek Watershed Alliance would like to see the developer conceive a long-term plan for the site. Mayor Low stated the only question before Council this evening is whether or not there is consensus regarding encouraging the developer to move forward with the Concept Plan, or the Alternate Concept Plan, presented. Alderman Wimmer stated he supports the Alternate Concept Plan with few — exceptions. Alderman Condon, Bolger and Mayor Low concurred. Alderman Glab indicated he did not support the project. Alderman Murgatroyd continued to express concerns regarding the two commercial parcels, indicating he could not support the project in its current format. Alderman Peterson stated he could not support the project with the December 20, 2004 Page 13 current density of 550 units. _ Mayor Low suggested the discussion be continued to later in the Agenda giving Council further opportunity to consider the topic. The topic was deferred at 9:12 p.m. ENGINEERING SERVICES AGREEMENT FOR THE RIVIERA MARINA CORRECTIVE ACTION PLAN.— BAXTER AND WOODMAN IN THE AMOUNT OF $6,500 Director of Public Works Marcinko informed Council that on May 5, 2000 the Illinois State Fire Marshal notified the City of McHenry of certain infractions of the Underground Storage Tank regulations occurring at the Riviera Yacht Basin, which is owned by the City. Based upon those infractions the City retained the services of Marlin Environmental, Inc. on November 5, 2000 for removal of two underground storage tanks and one 55-gallon drum. Once removal was completed, the City entered into an Engineering Services Agreement with Baxter and Woodman to comply with the IEPA regarding Leaking Underground Storage Tank (LUST) monitoring and reporting requirements. Director Marcinko stated the IEPA has reviewed the Site Classification Completion Report, dated February 4, 2003, as submitted by Baxter and Woodman. The IEPA's response indicates the City may elect to perform some additional investigation prior to preparation of a Corrective Action Work Plan and Budget (CAWP&B) explaining the procedures the City would take to remediate the remaining contaminated soils. Director Marcinko noted on January 5, 2004, Council authorized Baxter and Woodman's proposal for additional site investigation and the preparation of the CAWP&B and Corrective Action Completion Report (CACR) to submit to the IEPA, at the cost of $9,500. Baxter and Woodman is submitting the request for additional funds for extra work necessitated by the IEPA's response to the combined CAWP&B and CACR. The work exceeded the scope of Baxter and Woodman's approved proposal, but was required in order to ensure the issuance of a "No Further Remediation" letter from the IEPA. Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to approve an Engineering Services Agreement with Baxter and Woodman, in the amount of $6,500, for the Riviera Yacht Basin corrective action plan. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONTRACT FOR GEOTECHNICAL EXPLORATION OF THE CENTRAL WASTEWATER TREATMENT PLANT (CWWTP) RENOVATION PROJECT — TESTING SERVICES CORPORATION IN THE AMOUNT OF $6,300 Director Marcinko informed Council that at the March 15, 2004 regularly scheduled meeting Council authorized an Engineering Service Agreement from Baxter and Woodman for the design of renovations to the Central Wastewater Treatment Plant facility in an amount not-to-exceed $695,000. Director Marcinko noted the renovation would improve performance of the wastewater treatment process and ensure the City is in compliance December 20, 2004 Page 14 with the IEPA requirements. As part of the design for the facility Baxter and Woodman ---�, requires a geotechnical study from an outside source to acquire certain information regarding soil conditions and recommendations concerning foundation, floor slab and pavement design for construction. Director Marcinko informed Council the cost of the study includes a total of six soil borings at the CWWTP site. Motion by Peterson, seconded by Wimmer, to accept Staffs recommendation to approve a geotechnical exploration contract with Testing Services Corporation, in an amount not to exceed $6,300. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CITY OF MCHENRY AMENDED STORM WATER MANAGEMENT ORDINANCE Assistant Director of Public Works Fink informed Council that on January 20, 2004 the McHenry County Board formally adopted the McHenry County Stone water Management Ordinance (MCSMO). The Ordinance becomes effective in all incorporated areas on January 1, 2005 and sets forth the minimum requirements for storm water drainage and detention, floodplain management, soil erosion and sedimentation control, and stream and wetland protection. _ Assistant Director Fink noted that the City of McHenry has elected to petition to become a certified community, which enables the City to issue Watershed Development Permits rather than having the McHenry County Storm water Committee issue permits on the City's behalf. Staff has initiated the process towards becoming a certified community and as part of the process must adopt a Storm water Ordinance as stringent as the MCSMO. Assistant Director Fink stated that following approval of the City's Storm water Ordinance the review process for larger developments would remain essentially the same. However, design criteria will be more stringent. The review process for smaller developments would experience the most changes. The most significant change from the City's previous Ordinance would address any excavation, fill or any combination thereof which exceeds 100 cubic yards being regulated under the new Storm water Ordinance. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve an amendment to the City of McHenry's Storm water Management Ordinance. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. _ Motion carried. December 20, 2004 Page 15 CONTINUED DISCUSSION REGARDING THE REVISED CONCEPT PLAN FOR PROPOSED ADAMS FARM DEVELOPMENT The continued discussion regarding the proposed Adams Farm Development was addressed at 9:20 p.m. Attorney Sam Diamond, representing Applicant Roger Gerstad of Gerstad Builders, stated his client requests that the discussion be continued at a later date. It was the consensus of Council to continue discussions regarding the Concept Plan for the proposed Adams Farm Development at a future Council meeting on a date yet to be determined. MAYOR—STATEMENT AND REPORT Mayor Low expressed thanks to Council and Staff for their efforts during the past year and wished all a happy holiday. COMMITTEE REPORTS Chairman Alderman Peterson informed Council of a meeting of the Parks and Recreation Committee on Wednesday, January 12, 2005 at 7:00 p.m. in the Aldermen's Conference Room. DEPARTMENT HEAD REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS No Future Agenda Items were discussed. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:22 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:22 p.m. c . MAYOR CITY C E