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HomeMy WebLinkAboutMinutes - 04/19/2004 - City Council REGULAR MEETING APRIL 19, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, April 19, 2004 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: Alderman Bolger. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, 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 PUBLIC WORKS WEEK, MAY 16, 2004 THROUGH MAY 23, 2004 Mayor Low read the Proclamation proclaiming the week of May 16, 2004 through May 23, 2004 as National Public Works Week in the City of McHenry into the record. The Proclamation encourages citizens and civil organizations to acquaint themselves with the issues involved in providing public works services and to recognize the contributions which public works officials make to our health, safety, comfort and quality of life. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as presented: A. Resolution recognizing April 30, 2004 as Arbor Day in the City of McHenry B. Ordinance granting Conditional Use Permit for indoor amusement center in Adams Commercial Centre; C. Agreement between Family Service & Community Mental Health Center for . McHenry County and the City of McHenry for the 2004/2005 Employee Assistance Program from May 1, 2004 through October 31, 2004, in an amount not-to-exceed $5,655. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. ORDINANCES VACATING A PORTION OF DRAPER ROAD AND RENAMING PORTIONS OF DRAPER ROAD • Ordinance vacating a portion of Draper Road • Ordinance renaming a portion of Draper Road to Curran Road • Ordinance renaming a portion of Draper Road to Old Draper Road Mayor Low announced that each of the ordinances would be discussed and voted on separately. Chuck Miller, a resident at 1617 North Draper Road, addressed Council. Mr. Miller April 19, 2004 Page 2 stated he is not objecting to the renaming of a portion of Draper Road, however he "~- requested Council be patient taking into consideration the possibility of construction of the By-Pass in the not too distant future. Director of Community Development Napolitano reiterated to Council that at the April 5, 2004 City Council meeting Staff was directed to prepare the required ordinances. Director Napolitano informed Council there is only a small portion of existing right-of-way that Staff is proposing for vacation. The area consists of the Draper Road right-of-way from Round-up Road north to the former junction of Draper and Curran Road, approximately 400 feet south of the intersection of Ojibwa and Draper. Director Napolitano noted the pavement for the segment was removed when the junction of Draper Road and Curran Road were realigned during the construction of the Shamrock Farms Subdivision, now known as Legend Lakes. Director Napolitano informed Council the entire segment identified for vacation is within the corporate limits of the City of McHenry. He noted due to the proximity of the right-of-way to Curran Road, the right-of-way is unlikely to have a future benefit in the West Bypass alignment unless additional private property is acquired west of Curran Road. Director Napolitano stated the reserved right-of-way for the proposed Bypass is primarily on the eastern side of the existing Curran Road. It was noted should Council not approve the vacation of this portion of the right-of-way, the City would incur costs for maintaining and mowing the property. — Director Napolitano informed Council that the portion of the current Draper Road, which is proposed for a name change to Old Draper Road, is nearly entirely outside the corporate limits. The portion is from Round Up Road south to the new east/west curve of Draper Road on the northern edge of the Shamrock Farm Subdivision. Director Napolitano noted the Township Road Commissioner has indicated there is no problem with the name change. Director Napolitano stated the portion of the current Draper Road from the former junction of Draper Road and Curran Road north to Route 120 is identified as the segment changing names from Draper Road to Curran Road. Staff is suggesting this change to provide clear directions for public safety agencies for emergency services and to alleviate confusion regarding addresses. Alderman Murgatroyd stated he supports the vacation of the portion of Draper Road indicated due to the reconfiguration of the road. Responding to an inquiry from Alderman Wimmer, Director Napolitano informed Council that one residence exists on the east side of Draper Road. Alderman Glab stated he could not support the vacation and opined it was premature. City Administrator Maxeiner noted the driving force in support of the vacation is emergency response. He noted some confusion has arisen following the reconfiguration. April 19, 2004 Page 3 Responding to an inquiry from Alderman Condon, Director Napolitano stated all the homeowners affected have been contacted and no objections were expressed. Motion by Murgatroyd, seconded by Wimmer, to approve an ordinance vacating a portion of Draper Road, consisting of the Draper Road right-of-way from Round Up Road north to the former junction of Draper Road and Curran Road, approximately 400 feet south of the intersection of Ojibwa and Draper. Voting Aye: Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: Bolger. Motion denied as it required a supermajority of six votes to pass. Responding to an inquiry Director Napolitano stated that nine addresses would be affected by the renaming of Draper Road to Curran Road. A lengthy discussion ensued. Motion by Murgatroyd, seconded by Wimmer, to approve an ordinance renaming a portion of Draper Road to Curran Road, from the former junction of Draper Road and Curran Road north to Route 120. Motion died for lack of a vote. Alderman Glab opined it is unfair that residents and business owners affected by the name change should incur the expense of new letterhead, business cards and related inconveniences. A lengthy discussion ensued. Alderman Murgatroyd suggested amending the motion to allow for the nine existing homes and businesses affected by the name change be reimbursed for out-of-pocket expenses in an amount not to exceed $100 per home and $1,000 per business for inconvenience incurred due to the name change in the event the road is renamed within a period of ten years. Motion by Peterson, seconded by Glab, to postpone the vote regarding an ordinance renaming a portion of Draper Road to Curran Road, from the former junction of Draper Road and Curran Road north to Route 120.until full Council is present for the discussion. Voting Aye: Glab, Low, Wimmer, Peterson. Voting Nay: Murgatroyd, Condon. Absent: Bolger. Motion carried. Motion by Murgatroyd, seconded by Wimmer, to approve an ordinance renaming a portion of Draper Road to Old Draper Road from Round Up Road south to the new L east/west curve of Draper Road on the northern edge of the Shamrock Farms Subdivision. April 19, 2004 Page 4 Voting Aye: Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: Bolger. Motion carried. REQUEST FOR SIGN VARIANCE FROM 3 DAY BLINDS, 2457 NORTH RICHMOND ROAD Director Napolitano informed Council a letter was received from Guy Dragisic of Olympic Signs, on behalf of 3 Day Blinds. He stated 3 Day Blinds recently opened a facility in the northernmost tenant space of the outlot building east of Home Depot. In order to enhance visibility 3 Day Blinds is requesting a variance to allow two additional wall signs. Director Napolitano informed Council 3 Day Blinds has already received a permit and installed a wall sign on the east elevation facing Richmond Road, which is 28 square feet in size. The two proposed additional signs are as follows: • North Elevation: "3 Day Blinds" 60 square feet • West Elevation "3 Day Blinds" 41 square feet Director Napolitano noted pursuant to the City's sign regulations, 3 Day Blinds is allowed one wall sign totaling 46.5 square feet, equal to 1.5 square feet. per foot of building frontage. Additionally, all outlots in the shopping center were granted a variance to have a freestanding sign, not to exceed 30 square feet in area. and 6' in height. 3 Day Blinds would have identification on the freestanding sign along with the other tenants of the outlot buildings. Director Napolitano stated 3 Day Blinds is located on the corner of the outlot building, and allowing for some additional signage, particularly on the north facade is appropriate in order to provide additional identification for southbound Route 31 traffic. He noted similar variances have been granted to Mattress Giant, Oberweiss and Starbucks. Staff does not support installation of a third wall sign on the west elevation, facing Home Depot, but would recommend. installation of a wall sign located on the north facade identical to the existing sign, measuring 28 square feet, which is located on the east facade. Motion by Glab, seconded by Peterson, to approve two additional wall signs for 3 Day Blinds, located at 2457 N. Richmond Road, as follows: • North Elevation: "3 Day Blinds" 28 square feet • West Elevation "3 Day Blinds" 28 square feet Voting Aye: Glab, Peterson. Voting Nay: Low, Murgatroyd, Wimmer, Condon. _ Absent: Bolger. Motion denied. Alderman Murgatroyd stated he would support a second wall sign on the north elevation, as recommended by Staff, but believes a third wall sign would be a distraction. April 19, 2004 Page 5 Alderman Peterson concurred with Alderman Murgatroyd. Mayor Low opined she finds it helpful to have signs identifying a store, stating she would support a second wall sign as recommended by Staff. Motion by Peterson, seconded by Wimmer, to approve one additional wall sign for 3 Day Blinds, located at 2457 N. Richmond Road, as follows: • North Elevation: "3 Day Blinds" 28 square feet Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. REQUEST FOR VARIANCES AND FINAL PLAT OF SUBDIVISION APPROVAL KIMBALL HILL HOMES SHAMROCK FARMS NEIGHBORHOODS 4 AND 5 Mr. Scott Viger of Kimball Hill Homes was in attendance. Director of Community Development Napolitano informed Council that Kimball Hill Homes has requested approval of the Final Plat of Neighborhood 4 and Neighborhood 5 in the Legend Lakes Subdivision, formerly known as Shamrock Farms. He continued stating with the final plat approval Kimball Hill Homes is also requesting Lot Width Variances for two lots in Neighborhood 4 and one lot in Neighborhood 5, and a variance to exceed the maximum length of a cul-de-sac, from 400 feet to 650 feet for Wexford Court in Neighborhood 5. Neighborhood 4: Director Napolitano stated the subject property is located east of Neighborhood 9 and contiguous to the northeast to Neighborhood 5, north and east of Farmstead Drive and south of Dartmoor Drive. Neighborhood 4 consists of approximately 36 acres and 86 single-family home sites. The neighborhood is zoned RS-2, Medium Density Single- Family Residential, with a minimum lot size of 10,890 square feet and an average lot size of approximately 13,000 square feet, with larger lots around Donegal Court. The lot width variance for lots 1 and 27 are due to neighborhood signs, located on the out lots on the corner of the home sites. As a result the lots do not meet the 80-foot lot width requirement in the RS-2 zoning district. Director Napolitano noted that some developers install the signs in easements rather than out lots, which alleviates the need for a variance. However, Kimball Hill desires to remain consistent with what has been done in other areas of the development. Staff has no problem with the lot width variances. Director Napolitano stated the final plat for Neighborhood 4 is in substantial conformance with the preliminary plat, which showed 86 single-family home sites. He noted the shape of Donegal Court was slightly altered. .� Alderman Glab stated he cannot support the variance for lot 1, as it is presently conformed. He opined Lot 1 should have more frontage. April 19, 2004 Page 6 Responding to an inquiry from Alderman Wimmer, Scott Viger stated the homeowner is notified upon the purchase of the property that they would be losing a portion of the lot. Alderman Peterson stated he agrees with the recommendations of Staff. Neighborhood 5: The lot width variance for lot 46 is also due to neighborhood sign location on the out lot at the corner of the home site. As a result the lot does not meet the 80-foot lot width requirement in the RS-2 zoning district. Staff has no problem with the lot width variance. The final plat for Neighborhood 5 is in substantial conformance with the preliminary plat, which depicted 86 single-family home sites. It was noted the design and layout of the neighborhood is nearly identical to that of the preliminary plat. Director Napolitano informed Council that a variance is required for the length of the cul-de-sac, Wexford Court, in Neighborhood 5. Pursuant to the City's Subdivision Control Ordinance, the street portion of the cul-de-sac cannot exceed 400 feet measured from the intersection with Wexford Drive to the cul-de-sac and the total length of the street and the cul-de-sac cannot exceed 500 feet in length. Wexford Court has a street length of approximately 550 feet and a total length, including the cul-de-sac, of approximately 650 _ feet. Due to the topographical conditions and wetland areas of the neighborhood, requiring a unique design, Staff has no issues with the variance. Director Napolitano stated the Planning and Zoning Commission unanimously recommended approval at the Planning and Zoning Commission meeting, which was held on January 15, 2004, including lot variances for lots 52-56 in Neighborhood 4. Staff has reviewed the criteria for granting variances and ascertained lots 52-56 demonstrate no unique physical hardship or special circumstances that would necessitate relief from the Zoning Ordinance. Alderman Glab suggested future plats indicate measurements from the front of the property rather than the lot line. Alderman Condon expressed disappointment that Kimball Hill Homes elected to change the name of the property from Shamrock Farms to Legend Lakes. Motion by Condon, seconded by Peterson, to direct Staff to prepare an ordinance approving the Final Plat of Subdivision for Legend Lakes, Neighborhood 4, with a Lot Width Variance for Lots 1 and 27, subject to the recordation of the Final Plat within six months from the date of City Council passage of the ordinance approving the Final Plat. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. April 19, 2004 Page 7 Motion by Peterson, seconded by Murgatroyd, to direct Staff to prepare an Ordinance approving the Final Plat of Subdivision for Legend Lakes, Neighborhood 5, with a Lot Width Variance for Lot 46 and a Variance from the City's Subdivision Control Ordinance to allow a 650 foot cul-de-sac for Wexford Court, subject to the recordation of the Final Plat within six months from the date of City Council passage of the ordinance approving the Final Plat. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. REQUEST FROM KIMBALL HILL HOMES FOR ACCELERATED DEVELOPMENT SCHEDULE FOR SHAMROCK FARMS PARK Director of Community Development Napolitano reiterated to Council that in the Annexation Agreement incorporating the Shamrock Farms Subdivision, a large park north of Dartmoor Drive and west of Curran Road was included with the intention of providing soccer fields, ball diamonds and a playground. Director Napolitano noted the land has been deeded to the City and development of the park is included in the Capital Improvement Plan for 2006/2007. He stated development concepts have been discussed at the Parks and Recreation Committee level and a basic concept plan has been completed with a projected cost of approximately $360,000. Director Napolitano informed Council of a letter recently received from Kimball Hill Homes proposing an accelerated park development schedule, with the developer providing funds to pay for the park development. In return, the developer is suggesting receipt of a credit for the park donation amount due at the time each building permit is issued, until such time that the developer's fronted costs are repaid. The developer has also requested consideration be given to additional design elements for the park site including: • tennis courts; • additional landscaping; • a sand volleyball court; • and a picnic shelter Staff suggests that should the City be interested in entertaining an accelerated development schedule for the park, the responsibility for bidding and managing the project remain with the City, and Kimball Hill's role be limited to funding. Staff estimates the credit suggested by Kimball Hill from this arrangement would be exhausted after the issuance of an estimated 100 to 150 building permits. Director Napolitano opined that Staff has ascertained the benefits to the City in proceeding with an accelerated development schedule include: • minimizing the impact of inflation on the construction costs for the project; and '�- • having an additional developed park facility available for residents several years earlier than planned. April 19, 2004 Page 8 Director Napolitano noted, however, while park maintenance personnel are currently responsible for mowing the site, a developed park would require additional maintenance responsibilities. Director Napolitano noted the Parks and Recreation Committee has spent considerable time on the current concept and if Council is receptive to the accelerated development of the park, Staff suggests additional time be provided to the Parks and Recreation Committee to consider the additional design element proposed by Kimball Hill Homes. Alderman Condon opined the proposed parkland acceleration is inappropriate and would cause the City to incur additional maintenance costs. Additionally, she stated concerns regarding the proposed changes Kimball Hill Homes suggests and the layout of the park. Responding to an inquiry, City Administrator Maxeiner stated the difference between mowing an undeveloped property versus a developed park is approximately $6,000 per year. Alderman Murgatroyd stated he would like to see development of the park remain in the established timeframe. He expressed concerns regarding maintenance. Alderman Murgatroyd noted that regardless of when the project is initiated he is not in favor of the suggested added amenities and decreased parking. He cautioned Council regarding the limited amount of funds available. Alderman Peterson opined he is in favor of moving forward with the project. Mayor Low opined there are a number of major projects currently in progress and expressed concern that the City might become overextended. Responding to an inquiry Director of Parks and Recreation Merkel informed Council that while this is an excellent project, the Parks and Recreation Department is currently involved in four Grant programs. He suggested future staffing be considered should Council elect to move forward with the accelerated development. City Engineer Carl Moon of Baxter and Woodman, responding to an inquiry, stated a water treatment plant is planned in the area and should the park be developed prematurely the cost of the water treatment plant may increase. Motion by Peterson, seconded by Wimmer, to approve the request from Kimball Hill Homes to proceed with an accelerated development schedule for the Shamrock Farms Park, located north of Dartmoor Drive and west of Curran Road. Voting Aye: Peterson. Voting Nay: Glab, Low, Murgatroyd, Wimmer, Condon. Absent: Bolger. Motion denied. April 19, 2004 Page 9 Motion by Peterson, seconded by Glab, to submit Kimball Hill Homes request to proceed with an accelerated development schedule for the Shamrock Farms Park, located north of Dartmoor Drive and west of Curran Road, to the Parks and Recreation Committee for further consideration. Voting Aye: Glab, Peterson, Condon Voting Nay: Low, Murgatroyd, Wimmer. Absent: Bolger. Motion denied. DISCUSSION REGARDING THE AWARD OF BID FOR OLDIE MILL PONDS OVERFLOW STORM SEWER PROJECT Director of Public Works Marcinko informed Council that the City received twelve bids regarding installation of the Olde Mill Ponds Overflow Storm Sewer. The lowest, responsible bid was submitted by R.A. Mancini, Inc. of Wauconda, Illinois in the amount of $90,383. City Attorney McArdle interjected stating that while R.A. Mancini submitted the lowest bid, the specifications called for the bidder to submit a 10% bid bond. R.A. Mancini submitted a 5% bid bond with the documentation, creating a material error in the process. Attorney McArdle suggested the following options for consideration: • Award the contract to R.A. Mancini, the lowest bidder; Reject all the bids and offer the project to R.A. Mancini through a negotiated — process; and • Reject all bids and re-bid the entire project. Responding to an inquiry City Attorney McArdle stated there is a slight risk with the first option that the second lowest bidder could complain. In response to Alderman Glab's inquiry, Director Marcinko informed Council that if the entire project was re-bid the project would be delayed by approximately four weeks. A brief discussion ensued. Motion by Glab, seconded by Murgatroyd, to reject all bids and offer the Olde Mill Ponds Overflow Storm Sewer project to R.A. Mancini, through a negotiated process in an amount not to exceed $90,393. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Absent: Bolger. Motion carried. Motion by Glab, seconded by Wimmer, to waive competitive bid process and to direct Staff to negotiate with R.A. Mancini for installation of the Olde Mill Ponds Overflow 1- Storm Sewer, in an amount not to exceed $90,393. April 19, 2004 Page 10 Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Absent: Bolger. Motion carried. ENGINEERING SERVICES AGREEMENT FOR ILLINOIS ROUTE 31/MCCULLOM LAKE ROAD INTERSECTION IMPROVEMENTS PROJECT — SMITH ENGINEERING CONSULTANTS INC Director of Public Works Marcinko informed Council that on March 5, 2004 the Illinois Department of Transportation (IDOT) opened bids for the Illinois Route 31/McCullom Lake Road Intersection Improvement project. IDOT anticipates awarding the contract to Alliance Contractors on April 26, 2004. Director Marcinko reiterated to Council that the City of McHenry is the lead agency, has prepared the plans, estimates and specifications, and is responsible for the construction inspection for the improvements. City Engineering firm, Smith Engineering Consultants, Inc., has submitted an Engineering Services Agreement for engineering inspection services for the construction of the proposed intersection and traffic signal improvements on Illinois Route 31 and McCullom Lake Road. Director Marcinko stated the proposed Agreement provides a full-time Construction _ Engineer to observe the contractor's work, assuring conformity to the approved engineering plans and specifications. Additionally, Smith Engineering would assign a Senior Construction Engineer to oversee the project on a part-time basis, to assist with observation and documentation, further insuring quality work. Motion by Murgatroyd, seconded by Wimmer, to approve the Mayor and City Clerks execution of an Engineering Services Agreement between Smith Engineering Consultants and the City of McHenry for the construction inspection of the Illinois Route 31/McCullom Lake Road Intersection Improvements, in an amount not to exceed $291,883.80. Voting Aye: Glab, Low,_Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. REQUEST TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF SEAWALL AND SIDEWALK ADJACENT TO RIVERWALK PLACE TOWNHOMES Assistant City Administrator Lockerby informed Council that in 2003 the City engaged STS Consultants, Ltd. to complete an assessment of the seawall along the proposed route for the Riverwalk Project. One area of the seawall identified as failing is the section between Boone Lagoon and the Riverwalk Place Townhomes. Assistant City Administrator Lockerby stated the model townhome is scheduled to be open by late May, with occupancies to follow shortly. Prior to installation of the piers for the townhomes by the developer, approximately 500 feet of seawall must be replaced. He noted the scope of work includes repair of the existing seawall, construction of a new April 19, 2004 Page 11 seawall and installation of a new sidewalk. The estimated cost of the work is $150,000, which would be funded through the Tax Increment Financing District. Assistant City Administrator Lockerby stated Staff is requesting Council's authorization to advertise the bid for construction of the seawall and sidewalk adjacent to the Riverwalk Place Townhomes. Motion by Wimmer, seconded by Murgatroyd, to authorize Staff to advertise the bid for construction of the seawall and sidewalk adjacent to the Riverwalk Place Townhomes. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Bolger. Motion carried. MAYOR—STATEMENT AND REPORT The Mayor had no Statement and Report. COMMITTEE REPORTS Chairman Alderman Murgatroyd of the Finance and Personnel Committee informed Council the 2004/2005 Budget would be coming before full Council for approval in the near future. STAFF REPORTS Director of Community Development Napolitano informed Council that PRDC is closing on the Village Green property on April 20, 2004. City Administrator Maxeiner informed Council that the Green Peapod Thai Restaurant, located on Green Street, would be open for business the second week in May. NEW BUSINESS Alderman Glab informed Council that there are large mounds of dirt behind some of the properties in the Winding Creek Subdivision. He expressed concern regarding the possibility of ground sliding in heavy rains. Addressing Alderman Glab's concerns, Alderman Condon stated she has spoken with the residents in question regarding safety issues relative to the location of the mounds of dirt and all responded that they had no concerns. Alderman Glab requested Staff contact the developer regarding a timeframe for the removal of the dirt. April 19, 2004 Page 12 ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:44 p.m. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. T Meeting was adjourned at 9:44 p.m. MAYOR ITY CLE K