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HomeMy WebLinkAboutMinutes - 08/30/2004 - City Council REGULAR MEETING AUGUST 30, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 30, 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 Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: None. PROCLAMATION: NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH Barb Schmiege from Family Services and Community Mental Health Center of McHenry addressed Council summarizing the services the organization has provided to the community for 45 years. Ms. Schmiege requested Mayor Low execute a Proclamation declaring the month of September National Alcohol and Drug Addiction Recovery Month. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Bolger, to approve the Consent Agenda as presented: A. Special Event/Picnic Permit Requests; B. Block Party Requests a. Susan Pinkawa— Lakeland Shores Subdivision b. Stephanie Petrow— Boone Creek Subdivision C. Request for Special Event Liquor License and waiver of all associated fees for St. Patrick's Annual Oktoberfest on September 25, 2004; D. Request for use of Knox Paris Barn, Temporary Sign Permit and waiver of all associated fees from McHenry Area Jaycees for Jaycees Haunted House. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE TO ALLOW SECOND DRIVEWAY — 4710 W. BONNER DRIVE Director of Community Development Napolitano informed Council of a letter received from Dennis N. Dalby, owner of the property located at 4710 W. Bonner Drive. Mr. Dalby currently has a crushed gravel circular driveway and applied for a permit to pave the driveway. When Mr. Dalby applied it was discovered that a variance was never issued to allow a second curb cut onto Bonner Drive. Director Napolitano stated that the City's driveway regulations allow two curb cuts onto a street but only if there is a minimum of 100' of street frontage on the lot and there is at least a 50' separation between the two driveways. Mr. Dalby's lot has 80' of street frontage and there would be approximately 50' between the two driveways. Therefore, a August 30, 2004 Page 2 variance is required to bring the site into conformance with the driveway regulations. Staff has no concerns with the request. Director Napolitano noted the Applicant has kept the driveway well maintained. The driveway has been in existence for nearly 30 years. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve a variance to allow a second curb cut for the property located at 4710 W. Bonner Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR EXTENSION OF EXISTING CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY, ASSEMBLY AND STORAGE OF BOATLIFTS AND PIERS — 2912 AND 2914 W ROUTE 120 Director Napolitano reminded Council Applicant Rodney Schuh was granted a Conditional Use Permit on August 14, 2003 to allow the outdoor display, storage and assembly of boatlifts and piers on the property located at 2912 and 2914 W. Route 120. The Conditional Use was granted for one year at which time the Applicant was required to appear before Council to renew the permit. Director Napolitano reiterated that the reason for the time limitation is due to repeated code enforcement issues on the site. Director Napolitano stated that during the past year, Applicant Rodney Schuh has made an effort to clean up the property and comply with the items required in the ordinance granting the Conditional Use. However, at this time not all of the conditions have been met. It is believed that Mr. Schuh would continue to work with City Staff on the outstanding issues. Staff suggests a deadline of June 1, 2005 be established for the Applicant to meet all Ordinance requirements. Should all outstanding items be completed by that date, Council might consider the Conditional Use be granted indefinitely. Attorney Steven J. Cuda, representing the Applicant, stated that Mr. Schuh is agreeable to the one-year time limit. Alderman Condon opined she is pleased with the improvements observed on the property, but cautioned that the progress should continue. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to grant a Conditional Use Permit to allow the outdoor display, assembly and storage of boatlifts and piers on the property located at 2912 and 2914 W. Route 120, until June 1, 2005. Voting Aye: Bolger, Glab, Low, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. August 30, 2004 Page 3 REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A PIONEER CENTER GROUP HOME— 1315 NORTH DRAPER ROAD Attorney Mark Saladin of Militello, Zanck and Coen, representing Applicant Pioneer Center, provided an opening statement on behalf of the Applicant. He noted the property is comprised of approximately three acres, zoned RS-1 Lowe Density Single Family Residential District. He indicated the property contains mature landscaping, which screens the property from adjacent properties. Mr. Saladin informed Council the Planning and Zoning Commission at a Public Hearing held on August 5, 2004 unanimously recommended approval of a Conditional Use Permit to allow a group home for the developmentally disabled to be operated by the Pioneer Center on the property located at 1315 North Draper Road, subject to certain conditions being met. Mr. Saladin noted the Woodcreek Homeowners Association has expressed concerns and opposes the Conditional Use Permit based upon the proposed use not being a single-family home. Lorraine Kupcinski, Chief Operating Office of the Pioneer Center, addressed Council. Ms. Kupcinski stated the definition of family includes a group of individuals living together under one roof. Ms. Kupcinski provided Council with a summary of activities during a typical day at a group home, noting Staff is in attendance at the home during all times when residents are present. Ms. Kupcinski stated residents are transported by bus to and from their work at the Pioneer Center. A group home van is utilized to transport residents to other trips such as the store, church and other social outings. Ms. Kupcinski noted there would be no visible evidence outside of the home that its purpose is a Pioneer Center group home. Ms. Kupcinski indicated all Pioneer Center group homes must conform to Rule 115 of the National Fire Prevention Code. She stated each of the homes provides community integrated living arrangements and Pioneer Center provides the following: • Monthly maintenance inspection; • Contractual lawn/landscaping service; • Contractual snow/ice removal service; • Contractual pro tech systems; and • Locking house alarms on all doors and windows to notify staff of entry/exit of residents. Director Napolitano stated that the City's Zoning Ordinance requires that a Conditional Use Permit be issued for a Group Home, which is defined as °a halfway house or similar non-hospital residential facility, housing more than three persons not related by blood, marriage or adoption to the owner, who need psychological rehabilitation, and who are provided 24-hour professional supervision while on the premises." Director Napolitano noted Group Homes, such as the one proposed are protected under the provisions of the Federal Fair Housing Act of 1988. The Act is intended to ensure that these types of uses are treated fairly and not subject to unreasonable regulations. Director Napolitano informed Council that the Planning and Zoning Commission unanimously recommended approval of a Conditional Use Permit to allow a Group Home for the developmentally disabled, operated by the Pioneer Center of McHenry County, at August 30, 2004 Page 4 1315 N. Draper Road, subject to the following conditions: • No more than eight individuals shall permanently reside in the home at any one time; • The property shall only be utilized as a group home by those group home facilities currently governed by the Federal Fair Housing Act; • No expansion of the building footprint shall be permitted without City approval; and • Table 31, Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance has been met. Director Napolitano stated the Applicant has met the Approval Criteria. Based upon discussions between Staff, the City Attorney and Applicant's attorney, the Applicant has agreed to go through the conditional use process and has accepted the following conditions on the proposed facility: • No more than eight individuals shall permanently reside in the home at any one time; • The property shall only be utilized as a group home by those group home facilities currently governed by the Federal Fair Housing Act; • No expansion of the building footprint shall be permitted without City approval. Mayor Low recognized Steven J. Cuda, the attorney representing the Woodcreek Homeowners Association. Mr. Cuda stated the homeowners association is not objecting to —. the conditional use, but is requesting the facility comply with all Zoning Ordinance regulations and health regulations relating to the septic system on the property. Alderman Condon expressed her support for the facility. City Attorney McArdle, responding to Alderman Glab's inquiry, stated the Conditional Use is attached to the property. A lengthy discussion ensued. Alderman Murgatroyd opined his appreciation for the Pioneer Center going through the process and the cooperation demonstrated by all involved parties. Don White, a resident of 6107 Chickaloon Drive, requested that the Group Home conform to all aspects of the Fair Housing Act. John Nelson, a resident of 6103 Chickaloon Drive, expressed concern for residents of the Group Home due to the proximity of large bodies of water to the residence. Motion by Condon, seconded by Wimmer, approving the Ordinance granting a Conditional Use Permit to allow a Group Home for the developmentally disabled at 1315 N. Draper Road, subject to the following conditions: • No more than eight individuals shall permanently reside in the home at any one time; , • Limiting the Group Home use of the property to only those group homes protected by State regulations and currently governed by the Federal Fair.Housing Act; • No expansion of the building footprint shall be permitted without City approval; August 30, 2004 Page 5 • Compliance with McHenry County Health Regulations regarding inspection and approval of the septic system on the property; and Applicant agrees to come back before Council prior to initiation of any building on the second lot. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Abstain: Glab. Absent: None. Motion carried. ORDINANCE GRANTING VARIANCES TO SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE AND APPROVAL OF FINAL PLAT— EVERGREEN PARK SUBDIVISION Director Napolitano presented an ordinance granting variances to the City's Subdivision Control and Development Ordinance and granting Final Plat approval of Evergreen Park Subdivision pursuant to Council's recommendation by a vote of 6-1 at the regular meeting held on August 16, 2004. Motion by Murgatroyd, seconded by Bolger, to approve an ordinance granting variances to the City's Subdivisions Control and Development Ordinance as follows: 1. Buildings are to be located no less than seventy-five (75) feet from the detention basins; 2. The bottom slope of the detention ponds shall not be less than two percent (2%); 3. The inverts of the storm sewers of differing diameters are to match at 0.8 depth points; 4. The minimum diameter of underdrains is ten (10) inches; 5. Storm sewer shall be reinforced concrete pipe (RCP). and granting approval of Evergreen Park Final Plat of Subdivision as prepared by Jacob and Hefner dated 5/13/04 and bearing a latest revision date of 7/8/04, subject to the following conditions: 1. The developer shall submit a Plat of Easement for the perpetual maintenance of landscaping and fencing, in the Blake Boulevard right-of-way, to be executed by the City, prior to the issuance of any building permit; 2. Landscaping for Evergreen Park Subdivision shall be in conformance with the Landscape Improvement Plans prepared by Hitchcock Design Group dated 5/27/04 and bearing a latest revision date of 6/16/04; 3. The Final Plat shall be recorded within six(6) months of City Council approval. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. DISCUSSION: ADAMS FARM DEVELOPMENT REVISED CONCEPT PLAN AND ANNEXATION AGREEMENT Director Napolitano stated that Applicant Roger Gerstad last appeared before August 30, 2004 Page 6 Council on May 17, 2004. He reiterated that at the May 17, 2004 meeting Council expressed concerns regarding the following items: • Size of the commercial area • Hydric soils at the northeast corner of Bull Valley Road and Curran Road • Impact on schools • Preservation of the Boone Creek Corridor • Clustering of homes. Director Napolitano noted the Applicant has submitted a revised concept plan which includes: • 550 total units: 0 403 single-family homes; o 79 townhomes (3 and 5 unit buildings along Boone Creek Corridor); 0 48 condominiums (immediately east of Curran Road at east/west access road); and 0 20 duplexes (west of Curran Road); • Two smaller neighborhood commercial areas (east and west sides of Curran Road at Bull Valley); • No development shown in the hydric soils at the northeast corner of Curran Road and Bull Valley Road; • Clustering concept utilized east of Boone Creek Corridor except backing up to Brookwood Trail; — • Right-in/right-out access east of Curran Road into commercial area; • Larger setbacks adjacent to Boone Creek Corridor; • Western road stub into vacant property directly north of the subject property, west of Curran Road; • Stub road into farmette on the west side of Curran Road. Staff believes the developer has addressed the issues expressed by Council at past meetings and has provided a land plan that meets many of the goals and objectives of the Comprehensive Plan, including: • Diversity of housing types (four); • Substantial preservation of Boone Creek Corridor and an environmentally- conscious storm water management system to avoid the degradation of Boone Creek; • Preservation of substantial hydric soils; • Clustering of homes and respecting the.topography east of Boone Creek, thereby further reducing any impact of soil erosion during construction; • Land uses commensurate with the City's Comprehensive Plan and transportation goals; • Managed and planned growth for a large area of the City; • Road stubs to vacant and unannexed properties; Last leg of a north-south collector road to Bull Valley Road, serving the west side of McHenry; , 9 Neighborhood commercial area for southwest portion of the City. August 30, 2004 Page 7 Alderman Peterson suggested a reconfiguration of the units on Newport Trail. He stated he still has reservations about the commercial area. Alderman Condon made inquiry regarding a bike trail in the subdivision. Mr. Gerstad stated the matter is being discussed. Alderman Condon opined the City is looking for creative and unique plans for future subdivisions. Alderman Condon stated she does not care for the density of the project. She expressed concern regarding lot size and configuration of sites adjacent to current residents along Brookwood Trail. Alderman Condon suggested that the issuance of building permits be monitored closely by Staff and addressed in the Annexation Agreement. She further suggested the developer give careful consideration prior to naming the subdivision noting she would ask that the issue of name changing be addressed in the Annexation Agreement. Alderman Condon also expressed concern.,regarding the development's impact on traffic and schools. Director Napolitano informed Council that Staff did not go into great depth regarding the Annexation Agreement, as the final concept plan has not been approved and preliminary engineering has not been completed. There are still many issues that have not been adequately addressed. Alderman Bolger complimented Staff and the developer on their efforts to accommodate Council and stated that he supports the development. Mayor Low concurred with Alderman Bolger, noting it appears the developer has �- made every effort to"address Council's concerns. She opined a preference that multi- family buildings be limited to three or four units, rather than five-unit buildings. Mayor Low also indicated she would prefer lot lines not back up to each other. Mayor Low stated she does not care for the density of the lots near the pond. Responding to Mr. Gerstad's inquiry regarding whether or not he should move forward with the project, Mayor Low took a straw poll, resulting in the following: • Low yes Bolger yes • Glab no • Murgatroyd yes, although there are still issues which must be addressed Wimmer yes • Peterson yes • Condon yes Mr. Gerstad thanked Council for their input and stated he would continue to work with Staff on a concept plan and come back before Council at a later date. ENGINEERING SERVICES AGREEMENT FOR PREPARATION OF SPECIFICATIONS FOR THE REHABILITATION OF WELLS NO 2 AND 3— BAXTER AND WOODMAN Director of Public Works Marcinko reiterated to Council that at the July 19, 2004 -� regularly scheduled meeting Council approved the request to advertise for bids for the renovation of Water Plant No. 1. The bid opening was held on August 17, 2004 and Baxter and Woodman is currently tabulating the bids. In conjunction with the construction August 30, 2004 Page 8 of the filtration system at Water Treatment Plant No. 1, Baxter and Woodman has recommended the rehabilitation of Wells No. 2 and 3. The City Water Division has reported a loss in production over the years due to the current ageing infrastructure that is used to pump raw water from Wells No. 2 and 3. To date, the pumps at the wells are pumping approximately 65% of their production capacity. Director Marcinko stated the rehabilitation of Wells No. 2 and 3 would enable the City to property take advantage of the new filtration equipment at Water Treatment Plant No. 1 and provide a more reliable source of water production for the residents. Baxter and Woodman has provided an Engineering Services Agreement for the preparation of specifications for the rehabilitation of Wells No. 2 and 3 for an amount no- to-exceed $7,900. Director Marcinko noted the well rehabilitation was included as part of the renovation of the water treatment plant in the approved 2004/2005 budget under the Utility Improvement Fund in the amount of$1,650,000. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an Engineering Services Agreement from Baxter and Woodman for the preparation of specifications for the rehabilitation of Wells No. 2 and 3, in an amount not- to-exceed $7,900, subject to review of the Agreement by the City Attorney. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. _ Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR DESIGN OF SOUTH WASTEWATER TREATMENT PLANT PHOSPHOROUS REMOVAL— BAXTER AND WOODMAN Director Marcinko reiterated to Council that during the April 27, 2004 Public Hearing for the renewal of the National Pollutant Discharge Elimination System (NPDES) for the South Wastewater Treatment Plant (SVW TP) there were numerous statements from the environmental advocacy groups indicating that the City should lower the proposed phosphorous levels. He noted that the IEPAs representative indicated during their visit to the SWWTP the day of the hearing that the interim guidance for phosphorous removal would apply. Director Marcinko stated Baxter and Woodman has recommended that the City agree to the IEPA s new phosphorous limit in an effort to win the support of the environmental advocacy groups and to avoid further delays. Baxter and Woodman has submitted an Engineering Services Agreement for the design of the phosphorous removal facility at the SVW TP. Director Marcinko informed Council that the project would include modifications to the previously designed facility to a maximum monthly average phosphorus concentration of 1.0 mg/L in the treatment plant effluent. Additionally, Baxter and Woodman would submit the revised design to the IEPA for approval, permitting and re-bidding of the revised project. August 30, 2004 Page 9 Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve an Engineering Services Agreement with Baxter and Woodman for the design of the South Waste Water Treatment Plant Phosphorus Removal in an amount not-to-exceed $35,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PAYMENT FOR ENGINEERING AND DESIGN SERVICES FOR SEAWALL AND RIVERWALK BASE BEHIND RIVERWALK PLACE TOWNHOMES — VOA ASSOCIATES City Administrator Maxeiner reiterated to Council that in April of 2004 authorization was given to advertise for bids for the construction of a new seawall and sidewalk adjacent to the seawall, which would be used as a base for the future Riverwalk. VOA designed the project and bid documents and worked to expedite the permit process with the Army Corps of Engineers. A contract was awarded to Herlihy on May 19, 2004, in the amount of $275,948, and construction began on June 7, 2004. City Administrator Maxeiner noted the services provided for the seawall project were outside the scope of the original contract with VOA. In addition to the services provided by VOA, costs were incurred by the engineering firm. Staff recommends payment to VOA in the amount of $20,158.41, for additional services provided in the replacement of the seawall and adjacent sidewalk behind the Riverwalk Place Townhomes. Alderman Bolger suggested payment be held until it could be ascertained how many add-ons there would be to the project. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to approve payment of the invoice in the amount of $20,980 for engineering and design services provided by VOA for the seawall and sidewalk adjacent to the seawall, which will be used as a base for the future Riverwalk. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. Motion carried. REQUEST FOR PAYMENT FOR ADDITIONAL DESIGN DEVELOPMENT SERVICES PROVIDED FOR THE RIVERWALK DESIGN CONTRACT—VOA ASSOCIATES City Administrator Maxeiner reiterated to Council that in July 2003 the City entered into a contract with VOA Associates for. the design of the Riverwalk, preparation of construction documents for the project, and various services during the construction phase. August 30, 2004 Page 10 During the schematic design stage Staff struggled to provide a forum for the Riverwalk Foundation in the design review process. Ultimately the Riverwalk Foundation formed a Liaison Committee to work directly with VOA and City Staff to provide feedback and guidance on design issues that may arise. City Administrator Maxeiner noted the Liaison Committee met several times with VOA through both the' schematic and design development stages. To date, the design development stage has been approved by the Council and the Liaison Committee is in the process of providing final comments on the drawings produced in the design development stage. VOA has provided an invoice for additional items totaling $71,652.44, incurred for services provided outside the scope of the original contract. Responding to Alderman Condon's concerns regarding the additional charges from VOA Associates, City Administrator Maxeiner stated the project has been a learning process for all the involved parties and expressed regret regarding the additional fees incurred. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve the request for payment for additional design development services performed by VOA Associates for the Riverwalk Design Contract in the amount of$71,652.44. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. ' Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low commented on the success of the Landmark Commission Cemetery Walk, which was held at St. Patrick's Cemetery on Sunday, August 29, 2004. COMMITTEE REPORTS Alderman Condon encouraged support for the McHenry Area Youth Commission. She informed Council of the following MAYC events: • Saturday, October 23, 2004: Red Ribbon Rally, Kick-Off Event Wednesday, October 27, 2004: Plant the Promise Saturday, October 30, 2004: Say Boo to Drugs Halloween Party Alderman Condon noted additional information could be obtained by calling 815- 344-0001 or accessing the website at www.mavc.net. Alderman Peterson informed Council a Parks and Recreation Committee meeting is scheduled on Thursday, September 9, 2004 at 7:30 p.m. in the Aldermen's Conference Room. Alderman Murgatroyd announced a Finance and Personnel Committee meeting is ,_ scheduled on Monday, September 20, 2004 at 6:30 p.m. in the Aldermen's Conference Room to discuss elected official's compensation. August 30, 2004 Page 11 STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Bolger suggested Staff look into installation of, a sidewalk along the driveway approaching the entrance to the Municipal Center. Alderman Bolger stated he has been approached by local businessman, Ron Bykowski, regarding the possibility of installation of sidewalks and street lights along portions of Illinois Route 120. City Administrator Maxeiner indicated the matter is slated for an Agenda in September. Responding to Alderman Bolger's comments regarding the condition of Boone Creek, City Administrator Maxeiner informed Council information should be presented within four to six weeks regarding the findings of the Water Quality Report. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:59 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was ad'oumed at 9:59 p.m. 1 MAYOR ITY C