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HomeMy WebLinkAboutMinutes - 09/08/2004 - City Council REGULAR MEETING SEPTEMBER 8, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Wednesday, September 8, 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 Attorney McArdle, City Clerk Jones, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Public Works Marcinko, Director of Finance Kline, City Planner Martin. Absent: Director of Community Development Napolitano. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Glab requested that Item C, Ordinance granting approval of variance for Lots 1 and 27 and Final Plat for Shamrock Farms Neighborhood 4, be pulled from the Consent Agenda and voted on separately. Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as amended: A. Block Party Request: Legend Lakes Subdivision B. Authorization to seek Requests for Proposals — City Depository and Banking Services; Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM C: ORDINANCE GRANTING: APPROVAL OF VARIANCES FOR LOTS 1 AND 27: FINAL PLAT APPROVAL - SHAMROCK FARMS NEIGHBORHOOD 4: ORDINANCE GRANTING: LOT WIDTH VARIANCE FOR LOT 46: VARIANCE TO ALLOW 650 FOOT CUL DE SAC ON WEXFORD COURT: FINAL PLAT APPROVAL - SHAMROCK FARMS NEIGHBORHOOD 5. City Administrator Maxeiner noted an error on the Consent Agenda and stated there are actually two ordinances for Council consideration: • one for variances to Lots 1 and 27 and Final Plat approval of Neighborhood 4; and • one for lot width variance for Lot 46, variance to allow a 650-foot cul-de-sac, and final plat approval of Neighborhood 5. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to '�. approve: • an ordinance granting lot width variances for Lots 1 and 27 and Final Plat approval September 6, 2004 Page 2 for Shamrock Farms Neighborhood 4; and • an ordinance granting a lot width variance for Lot 46, allowing a 650 foot cul-de-sac at Wexford Court, and Final Plat approval for Shamrock Farms Neighborhood 5. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE—5010 ASHLAND DRIVE City Planner Martin informed Council a letter was received from Charles E. Miller of 5010 W. Ashland Drive. Mr. Miller is requesting a variance to allow installation of a decorative picket fence in his front yard. Mr. Miller installed the fence as a decorative accent to planting areas in the front yard. The fence is setback 6-feet from the sidewalk and does not impose any problems with vehicular sight lines. Planner Martin noted that Mr. Miller was unaware that a variance and a permit were required when the fence was installed. Motion by Wimmer, seconded by Glab, to accept Staffs recommendation to grant a variance to the Municipal Code Chapter 7, to allow a decorative fence in the front yard at 5010 Ashland Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES AMENDING MUNICIPAL CODE CHAPTER 13 REGARDING PARKING RESTRICTIONS ON COURT STREET AND GREEN STREETS Director of Public Works Marcinko informed Council that the City has received requests from local businesses requesting unlimited parking hours on Court Street and Green Street between Illinois Route 120 and Pearl Street. Kim Huber, owner/operator of Hair for You, located at the northwest corner of Illinois Route 120 and Court Street, indicated the patrons of her business who park on the street have been required to move their vehicles to avoid a parking ticket under the current two hour limit. Ms Huber noted some of the salon customers have appointments lasting more than two hours. The owners of Miller Monument, located at the northeast comer of Illinois Route 120 and Green Street, are requesting unlimited parking hours on Green Street. It was indicated that the two-hour limit is not sufficient for some of their customers. -- Director Marcinko stated the requests were discussed before the Public Works Committee on July 7, 2004. The Committee recommended expanding the restrictions to four-hour parking and that Staff monitor the impact on the surrounding area. Director September 8, 2004 Page 3 Marcinko noted the Green Street request received a vote of 2-1 in favor of the 4-hour limitation, while the Court Street request received a unanimous recommendation regarding the 4-hour limitation. Director Marcinko noted Staff concurs with the Committee's recommendation to extend the parking restrictions to four hours between the hours of 8:00 AM and 6:00 PM, except Sunday, at both locations. Alderman Murgatroyd stated he supports expanding the restrictions for parking on Court Street, but sees no reason to expand the parking limitation on Green Street. Alderman Peterson expressed concern regarding employee parking and customer parking.on both Court Street and Green Street should the Whale's Tale reopen some time in the future. Motion by Condon, seconded by Bolger, to accept the Public Works Committee recommendation to approve the following: • Ordinance amending Chapter 13, Traffic and Motor Vehicle, of the City of McHenry Municipal Code, Section 13-618 to allow four (4) hour parking on Court Street between the hours of 8:00 AM to 6:00 PM, except Sunday, from Elm Street to Pearl Street; and • Ordinance amending Chapter 13, Traffic and Motor Vehicle, of the City of McHenry Municipal Code, Section 13-618 to allow four (4) hour parking on Green Street between the hours of 8:00 AM to 6:00 PM, except Sunday, along the west side of the street north of Elm Street, between Elm Street and the south entrance to First Midwest Bank parking lot. Voting Aye: Bolger, Glab, Low, Wimmer, Condon. Voting Nay: Murgatroyd, Peterson. Absent: None. Motion carried. ORDINANCE PROPOSING ESTABLISHMENT OF BACKUP SPECIAL SERVICE AREA— EVERGREEN PARK SUBDIVISION City Planner Martin informed Council that the Hallmark Homes Annexation Agreement for Evergreen Park Subdivision requires the developer establish a Special Service Area (SSA) to provide a back-up method of financing for the continued maintenance of common areas, including the detention pond, fencing and landscaping, in the event the homeowner's association should fail to maintain the areas. Planner Martin stated the first step is for the City to adopt an ordinance proposing the establishment of the SSA. Within sixty days after adopting the ordinance a Public Hearing must be held to adopt the SSA. Staff suggests November 1, 2004 for the Public Hearing, which would allow adequate time for the Applicant to meet the necessary notification requirements. September 8, 2004 Page 4 Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an ordinance proposing the establishment of a back-up Special Service Area for the Evergreen Park Subdivision and establishing November 1, 2004 as the date for a Public Hearing. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR PREPARATION OF COMPREHENSIVE TRAFFIC STUDY—SMITH ENGINEERING CONSULTANTS Director Marcinko reiterated that Council, at the June 30, 2004 regularly scheduled City Council meeting, selected Smith Engineering Consultants, Inc. (SEC) to perform the City's Comprehensive Traffic Study. Recently it was brought to Staffs attention that an Engineering Service Agreement has never been presented to Council for approval. Director Marcinko stated SEC has submitted an Engineering Service Agreement for the Comprehensive Traffic Study, in an amount not-to-exceed $142,175. Director Marcinko noted that $112,500 has been secured through Illinois Tomorrow Corridor Planning Grant funding through the Northeastern Illinois Chicago Area Transportation Study (CATS), which would be used for the Study. The remaining portion, $29,675, would be funded through the City. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve the Engineering Service Agreement with Smith Engineering Consultants, Inc. for the Comprehensive Traffic Study, in an amount not-to-exceed $142,175. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID FOR RENOVATION OF WATER PLANT NO 1 TO CHARPIE CONSTRUCTION COMPANY AND ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION OF WATER PLANT NO 1 RENOVATION TO BAXTER AND WOODMAN Director Marcinko reiterated to Council that on July 19, 2004 Council authorized the advertisement for bids for the renovation of Water Treatment Plant No. 1. Director Marcinko informed Council that of the seven bids received the lowest, responsible bid was received from Charpie Construction Co., Inc. of Edison Park, Illinois. He noted the nearest competitive bid was $1,365,700 received from Joseph J. Henderson and Sons of Gurnee. Director Marcinko stated the engineer's estimate for the renovation of Water Treatment Plant No. 1 is $1,300,000. -- Director Marcinko indicated that Baxter and Woodman has submitted an Engineering Services Agreement for construction inspection services for the project. The proposed agreement provides for a Resident Project Representative to be on site to September 8, 2004 Page 5 observe the contractor's work and ensure compliance to the approved design documents. The proposed Agreement with Baxter and Woodman for construction observation is in an amount not-to-exceed $166,000, which is approximately 12% of the $1,343,700 construction bid. Director Marcinko noted the project was included in the approved 2004/2005 budget under the Utility Improvement Fund in the amount of$1,650,000. Staff seeks Council approval to award the contract for the renovation of Water Plant No. 1 to Charpie Construction Co., Inc. in an amount not-to-exceed $1,343,700 and to approve the Engineering Services Agreement with Baxter and Woodman for construction observation of Water Plant No. 1 in an amount not-to-exceed $166,000. City Administrator Maxeiner interjected that funding for the project would require issuance of bonds backed by water user fees since this is a renovation of an existing infrastructure. He stated upon approval of the bid, Staff would begin working with the bond advisor on the bonds, which would be discussed at a later date and also require Council approval. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to: • approve the award of contract for the renovation of Water Plant No. 1 to Charpie Construction Co., Inc. in an amount not-to-exceed $1,343,700, and • approve an Engineering Services Agreement with Baxter and Woodman for construction 'observation of Water Plant No. 1 in an amount not-to-exceed $166,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONTRACT WITH VOA AND ASSOCIATES AND HINKLE ENGINEERING FOR DESIGN AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF AN OVERHEAD ELECTRICAL LINE RELOCATION PLAN FOR AFFECTED RIVERWALK AREAS City Administrator Maxeiner stated that as the City moves toward the implementation of the Riverwalk and subsequent downtown development, it becomes important to identify elements that would make those areas more desirable both to the current and potential business owners, as well as patrons to those areas. He indicated that much discussion has transpired regarding the existing overhead power lines in the downtown area and the desire to move that infrastructure underground. City Administrator Maxeiner noted that should this infrastructure be moved underground, plans should be included in the Riverwalk construction document currently being prepared. City Administrator Maxeiner stated.that as construction begins and the Riverwalk `�.. progresses, power poles would have to be relocated. Rather than simply relocating the overhead lines, burying the lines would provide a cleaner landscape more compatible with the goals of the Riverwalk. Additionally, there is a functional and practical reason for September 8, 2004 Page 6 removal of the overhead power lines. By reconfiguring the electrical supply, the --._ distribution of power becomes more organized, reliable and easily repaired. City Administrator Maxeiner noted that VOA's proposal includes an existing conditions survey, work sessions with ComEd to develop a relocation plan, and written documentation on the relocation plan, with anticipated costs for implementation. Alderman Bolger suggested delaying approval of the contract until VOA has met with the Riverwalk Planning Committee. He opined that $25,000 for a study was excessive. City Administrator Maxeiner stated it has already been estimated that the cost of burying the power lines would exceed $1,000,000. Alderman Peterson concurred with Alderman Bolger, opining the cost of the study is excessive. He would require more details about the project prior to approving a study. Responding to Alderman Peterson's inquiry as to whether or not flooding would be an issue for the buried power lines, City Administrator Maxeiner indicated the lines are encased in cement and not exposed to elements. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve a proposal from VOA and Hinkle Engineering, in an amount not-to-exceed $25,380, for design and engineering services associated with developing an overhead electrical relocation plan for the areas affected by the Riverwalk. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger, Peterson. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 TRAFFIC CODE — ENGINE BRAKING City Planner Martin informed Council that at the July 20, 2004 Community Development Committee meeting the Committee directed Staff to prepare an ordinance prohibiting compression/release engine, or jake-braking, in the City. He noted the ordinance provides the Police Department with some discretion when determining if a citation should be issued in instances where engine brakes are used to avoid a collision. Motion by Murgatroyd, seconded by Wimmer, to accept the recommendation of the Community Development Committee to approve an ordinance amending the Municipal Code Chapter 13 Traffic Code prohibiting Compression/Release Engine, or Jake-Braking, in the City of McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. September 8, 2004 Page 7 MAYOR— STATEMENT AND REPORT Mayor Low announced a group of individuals, representing the City of McHenry, would be participating in the Heart Walk, which is being held at Moraine Hills State Park on September 26, 2004. Mayor Low informed Council of the death of Joe Gausden. She lauded his many contributions to the community. COMMITTEE REPORTS Alderman Peterson informed Council a Parks and Recreation Committee meeting is scheduled on Tuesday, September 9, 2004 at 7:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner stated that Director of Community Development Napolitano has requested a Committee of the Whole meeting to discuss the proposed Patriot Estates Development. Director Napolitano suggested the following dates: • September 27, 2004 • October 25, 3004 • November 8, 2004. It was the consensus of Council that September 27, 2004 was the most convenient date for a Committee of the Whole Meeting. City Administrator Maxeiner informed Council that Dr. Hult has withdrawn his request regarding the property on Riverside Drive. FUTURE AGENDA ITEMS Alderman Murgatroyd suggested the Master Park Plan be addressed prior to moving forward with additional work at Petersen Park, or other properties in the City. Director of Parks and Recreation Merkel concurred with Alderman Murgatroyd, noting, however, that Community Development Block Grants have certain deadlines. Mayor Low suggested the matter be addressed at the Parks and Recreation Committee meeting. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:06 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:06 p.m. 1C 0 �. MAYOR I CLER r