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HomeMy WebLinkAboutMinutes - 09/12/2005 - City Council REGULAR MEETING SEPTEMBER 12, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, September 12, 2005 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: Assistant to the City Administrator Martin and Director of Public Works Marcinko. PUBLIC HEARING: TOWNHOMES OF PRAIRIE LAKES 1. GILGER PROPERTY ANNEXATION AGREEMENT; 2. GILGER PROPERTY ANNEXATION;, 3. ZONING MAP AMENDMENT: 4. PRELIMINARY PLAT Mayor Low opened the Public Hearing regarding the Gilger Property Annexation, Zoning Map Amendment to RM-2, High-Density Multi-Family Residential, and approval of a Preliminary Plat for the Townhomes of Prairie Lakes at 7:31 p.m. In attendance was Stanley Sumner of SW Venture IV, LLC. Mr. Sumner addressed Council stating the proposed project would be comprised of townhomes on what is currently known as the Gilger Property. The subject property is located south of Bull Valley Road, west of the Union Pacific Railroad Tracks, consisting of approximately 31 acres. Mr. Sumner provided a brief presentation stating the developer has been working with Staff and some alterations have been made to the project in an effort to address concerns expressed by Council. Amendments to the plan have addressed: • concerns relative to on-site parking; • the number of units per acre; and • recreational areas around the lakes. Mr. Sumner indicated heavy landscaping continues to be proposed for the project, with an undulating berm constructed along Bull Valley Road. Director of Community Development Napolitano stated the development is consistent with the City's current Comprehensive Plan. He indicated the developer has been diligent in efforts to reduce monotony within the project by varying units in the concept. Alderman Santi opined positive support for the design and the development. Responding to an inquiry by Alderman Santi, Mr. Sumner stated there is a buffer of approximately 105 feet between the development and the railroad tracks. Z- Alderman Glab stated he is not in favor of the project and would not support it. Responding to an inquiry from Alderman Murgatroyd regarding the build-out, r September 12, 2005 Page 2 Director Napolitano stated the build-out would be approximately four years with 45 permits issued per year. Alderman Murgatroyd indicated there is a difference on Page 8 of the Annexation Agreement regarding cash donations in 3-bedroom and 4-bedroom homes. He requested Staff review the difference and provide Council with an explanation. Director Napolitano assured Council he would look into the matter and provide Council with information in the Friday Report. Mr. Sumner responded affirmatively to Alderman Wimmer's inquiry regarding two main roads into the project being City owned, while the internal roads would be privately maintained. Responding to Alderman Wimmer's concerns regarding lighting in alleyways, Mr. Sumner stated low-density lighting would be installed at the rear of the buildings. Alderman Peterson opined the space between the buildings appears to be inadequate. Mr. Sumner stated there is 20-30 feet between the buildings. Alderman Condon voiced that she is typically not in favor of 6-unit buildings; however, she opined that overall she is in favor of this project, thanking the developer for working with Staff. Alderman Condon indicated she concurs with Alderman Glab's concerns regarding the number of multi-family units being constructed in the area. Motion by Wimmer, seconded by Schaefer to close the Public Hearing at 7:49 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Santi, to direct Staff to prepare the necessary ordinances providing for the authorization of the Gilger Property Annexation Agreement, the Annexation of the Gilger Property, the reclassification of the zoning of the Gilger Property, and the Preliminary Plat Approval of the Townhomes of Prairie Lakes Voting'Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as presented: a. List of As-Needed Checks. AFLAC 1,786.00 AMCORE BANK NA 14,964.20 BANKCARD SERVICES 1,691.14 September 12, 2005 Page 3 BENEFIT SYSTEMS & SERVIC 20,210.11 BIRK, JOHN 1,725.00 BUSS FORD SALES 86,000.00 COUNTY CLERKS OFFICE 10.00 ' CUSTOM LANDSCAPING 14,272.25 FIRESIDE, THE 2,583.00 FOP UNITS I/II 1,957.00 HARRIS, TIMOTHY 376.05 HOME STATE BANK 1,730,000.00 ILLINOIS DEPARTMENT OF P 732.00 MANAGEMENT LEARNING LABO 4,000.00 MCHENRY COUNTY COLLECTOR 1,219.98 MCHENRY COUNTY CONVENTIO 11,000.00 MCHENRY COUNTY DEPT OF T 50.00 MCPOA 733.70 MINUTEMAN PRESS OF MCH 2,827.89 NATIONAL GUARDIAN LIFE I 123.80 NCPERS GROUP LIFE INS. 319.00 NORTHWEST FORD & STERLIN 20.00 PANERA BREAD 16.69 POSTMASTER MCHENRY IL 777.00 PRUDENTIAL FIRST COMMERC 25,000.00 RAR COMMUNICATIONS INC 825.00 RIDINGS INC, BOB 101,204.00 SAM'S CLUB 841.87 SECRETARY OF STATE 85.00 SECRETARY OF STATE/INDEX 20.00 SIX FLAGS GREAT AMERICA 2,446.00 SUBWAY OF MCHENRY 465.94 THELEN SAND & GRAVEL INC 39,335.00 UNITED PARCEL SERVICE 105.85 UNITED STATES LIFE INSUR 2,443.50 UNITED WAY OF MCHENRY CO 91.00 WALMART COMMUNITY 490.62 YOLANDAS CATERING 112.00 GRAND TOTALS 2,070,860.59 FUND TOTALS GENERAL FUND 697,288.02 ANNEXATION FUND 200,000.00 DEVELOPER DONATION FUND 31,773.25 TIF FUND 2,683.18 RECREATION CENTER FUND 410,000.00 WATER/SEWER FUND 79,255.12 BOND RESERVE FUND 610,000.00 UTILITY IMPROVEMENTS FUND 39,335.00 INFORMATION TECHNOLOGY FUND 526.02 TOTALS 2,070,860.59 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO AMEND ORDINANCES—3100 AND 3102 LINCOLN ROAD Mayor Low informed Council the Applicant is not in attendance. She suggested this item be tabled for discussion at a future City Council meeting. Alderman Condon opined that Applicant had adequate notice regarding this Agenda item and it is Applicant's responsibility to be in attendance and available for questions from Council. She requested Council move forward with the Agenda item. Following brief discussion it was the consensus of Council to discuss and address this Agenda item. -� Director Napolitano informed Council that in September 2002 Council approved a request from Bill Nettleton regarding the annexation of the property located at 3100 and 3102 Lincoln Road. The annexation was voluntary and no Annexation Agreement was September 12, 2005 Page 4 involved. The City approved ordinances annexing the property, granting a zoning map amendment to C-5, Highway Commercial, and approving certain variances, including a front yard setback and use variance. Director Napolitano noted that some of the variances related to existing uses on the property, namely two residences and four billboards. As a condition of approval the homes were allowed to be used as single-family residences until September 16, 2005, two of the billboards were to be removed by December 16, 2002 and the remaining two billboards were to be removed by September 16, 2003. Director Napolitano stated that during a review of department files in May 2005, and a subsequent site visit, it was ascertained that two of the billboards are still located on the site. A letter was sent to Mr. Nettleton informing him that the billboards were to have been removed by September 16, 2003. Staff has met with Mr. Nettleton who claims to have been unaware of the conditions requiring him to remove the billboards and vacate the homes. Mr. Nettleton's letter indicates there are tenants in the homes and leases on the billboards running into 2006. He would like to continue to use the property for residential purposes and continue to lease the billboards. Additionally, Mr. Nettleton indicated he would prefer an annual review of the property and its use by the City. Director Napolitano informed Council that Staff is unclear as to why the Applicant is not aware of the ordinance requirements as the meeting Minutes and subsequent ordinances clearly indicate the intent of the City regarding the billboards and residential uses. Nevertheless, the Applicant is requesting the items be reconsidered. Staff suggests that due to the fact that Mr. Nettleton is requesting that the approved ordinances be amended, it is recommended the Applicant present his request to the Planning and Zoning Commission at a Public Hearing. Alderman Murgatroyd opined it is hard to believe Applicant's claim that he and his attorney were both unaware of the ordinance requirements. Responding to an inquiry Director Napolitano stated there is the possibility of a fine. He indicated a complaint has been filed with the Adjudication Officer. Motion by Glab, seconded by Condon, to recommend the following: • Applicant go before the Planning and Zoning Commission regarding his request to amend Ordinances 02-1091 and 02-1093; and • To direct Staff to proceed with the removal of the remaining two billboards on the property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PARKING VARIANCE — NICOLINO'S RESTAURANT, 621 RIDGEVIEW — DRIVE Director Napolitano informed Council that Applicant Joe Bono, owner and operator of Nicolino's Italian Restaurant, is requesting a parking variance to allow a reduction in the number of required parking spaces at his restaurant. It is the Applicant's intent to September 12, 2005 Page 5 construct a 595 sf. addition to accommodate an Off-Track Betting facility. Director Napolitano stated the building addition would eliminate four (4) existing parking spaces and require an additional eleven (11) spaces. Director Napolitano indicated that Staff has calculated the parking for Nicolino's using the restaurant parking requirements, 20 spaces per 1,000 sf., even though a substantial portion of the building is devoted to the bar/lounge. He noted bar/lounge requirements are 10 spaces per 1,000 sf. Nicolino's currently has 86 parking spaces. With the proposed addition, four spaces would be eliminated, reducing the number of available spaces to 82. The additional 11 spaces required by the proposed addition would leave the Applicant with a deficit of 14 spaces. Staff has evaluated the property and believes the Applicant has met the approval criteria for a variance. Director Napolitano noted the Planning and Zoning Commission recommended approval of the requested parking variance, by a vote of 5-1, at their meeting held on September 1, 2005. Responding to an inquiry, Director Napolitano stated the Applicant has established an agreement with an adjacent property owner to facilitate additional parking should it be required for special events. Alderman Schaefer voiced concerns regarding parking issues and the possibility of liability to the City. Director Napolitano stated any parking issues would typically be worked out between the two property owners and would not be a City concern. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the Planning and Zoning Commission to approve an ordinance for a parking variance to allow 82 parking spaces at Nicolino's Italian Restaurant, located at 621 Ridgeview Drive, as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DOWNTOWN REDEVELOPMENT BUSINESS PLAN Mayor Low announced that following much hard work and effort by Staff the Executive Summary of the Downtown Redevelopment Business Plan has been prepared to spur redevelopment activity in the downtown area. She noted the Plan identifies two short- term action items for Council action representing a bold change in strategy to jump start redevelopment activity in the downtown area, namely: • Council's Statement of Intent; and • The Medical Arts Building located on North Green Street. City Administrator Maxeiner provided a brief presentation of the plan followed by an introduction of former Assistant City Administrator John Lockerby, Kit Carstens, Deanna Carstens and Bill Hobson, Management Assistant for Community Relations. t City Administrator Maxeiner stated the Plan is a road map to aggressively pursue downtown redevelopment. He made note of the following phases for redevelopment: r September 12, 2005 Page 6 • Green Street to Riverwalk Place; • Riverside Drive to Route 120; • Route 120 to Weber Park; • Green Street, west to Route 120; and • Central Wastewater Treatment Plant. City Administrator Maxeiner informed Council that today the contract for purchase of the Medical Arts Building was received by the City and demolition bids are in the process of formation. Staff is seeking direction from Council regarding beginning preparation for a spring 2006 groundbreaking for the first phase of the Riverwalk. Alderman Condon complimented Staff on their efforts. She expressed support regarding moving forward with development of the first phase of the Riverwalk. Alderman Murgatroyd opined that something had to be done in the downtown area for revitalization and to maintain the integrity of the community. He expressed his support of the Downtown Redevelopment Business Plan and encouraged moving forward with the first phase of the Riverwalk. Alderman Schaefer concurred with Alderman Murgatroyd. Alderman Glab stated that more commitment is required from property owners 1- before the City makes too big a commitment to downtown redevelopment. He opined some misrepresentations might have been made regarding Council's ability to cancel Tax Increment Financing (TIF) at any time, but feels the TIF was a good idea. Alderman Peterson opined he would like to see the property from Miller Point to Weber Park included as part of the first phase of the Riverwalk development. He indicated improvement in the water quality would encourage foot traffic. City Administrator Maxeiner informed Council that Staff is awaiting adequate rainfall prior to performing a water quality study. Alderman Peterson stated he is in favor of and encourages development along the Fox River to utilize the resource as an asset to the community. Responding to Alderman Santi's inquiry, City Administrator Maxeiner assured Council the pedestrian bridge is part of the first phase of construction of the Riverwalk. Alderman Santi stated it is a positive step and expressed encouragement regarding some progress on the Riverwalk in the coming year. Mayor Low stated she too hoped for more commitment from property owners, however, she opined it is the City's responsibility to take the lead and support the visions regarding the Downtown Redevelopment Business Plan. It was the consensus of Council to direct Staff to make the necessary preparations to move forward in anticipation of a spring 2006 groundbreaking for the first phase of the Riverwalk. September 12, 2005 Page 7 REQUEST FOR PAYMENT FOR ADDITIONAL SERVICES FOR RIVERWALK DESIGN CONTRACT—VOA ASSOCIATES Management Assistant for Community Relations Hobson reiterated 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 in the construction phase. The contract included the following: • $49,200, schematic design; • $64,400, design development; • $136,800, construction documents; • $18,200, construction bid; and • $60,800 for services during the construction process. In August 2004 Staff presented a request to Council for contract overages in the amount of $71,652.44 for work completed outside the scope of the original contract. VOA was chastised for completing the work without prior approval and directed that future overages required pre-approval by Council. In December 2004 Council approved the addition of design work for add alternatives identified by the Riverwalk Foundation's liaison committee, in the amount of$69,228. Mr. Hobson indicated that in order to get to 100% completion of the construction document phase of the contract, VOA is requesting an additional $67,400 for additional work outside the scope of the contract. The work consists primarily of engineering-related efforts. Mr. Hobson noted the documents are currently at the 95% completion level awaiting further direction from Council Staff noted that included in VOA's request is a $15,000 line item for reimbursement of items associated with the construction of models of two bridges in the project that were used in the last Public Open House. These models were constructed without authorization by the City. The remaining $52,400 includes $21,500 for additional work required by STS Engineering, $18,000 by Hinkle Engineering and an additional $2,000 for the cost estimating company. The firms are justifying the additional fees due primarily to the expanded schedule and the extensiveness of the Miller Point design. Mr. Hobson noted the remaining $12,700 is additional expense that will be incurred by VOA for the expanded schedule of the project, as the construction document phase was originally scheduled for completion in January 2005. Mr. Hobson informed Council that Staff has been critical of the billing practices of VOA, has evaluated the advantages of cutting ties with VOA at the 95% completion level, and considered having another firm complete the process versus continuing with VOA at the added cost. Staff opined it would cost more in the long run to start working with another designer at this point in the construction document phase. City Engineer, Smith Engineering Consultants, has reviewed the work completed to date and concurs with Staff. Staff is requesting Council authorize the additional fees submitted by VOA, less the 'ti.. $15,000 request for bridge models, for a total additional authorization of $52,400 in expenditures to VOA, in payment for additional design services in conjunction with the Riverwalk project. September 12, 2005 Page 8 Alderman Condon stated that Council made it clear to VOA that they were not to proceed with work not pre-authorized by Council. She expressed consternation that VOA has continued to do so. Alderman Santi concurred with Alderman Condon. Alderman Murgatroyd concurred with Alderman Condon and Alderman Santi; however, he opined it appears the expenditure is necessary in order to obtain the final documents. Motion by Condon, seconded by Schaefer, to authorize the request for payment received by VOA Associates for additional design services for the Riverwalk Design Contract, in an amount not-to-exceed $52,400. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Pass: Glab. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low informed Council that local businesses and residents have been most generous regarding the McHenry Hurricane Katrina Fund. She recognized participation in the project from School District 15 and School District 156. Mayor Low stated that a family of three has been chosen and would be moving in this week. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Peterson reminded Council that a Parks and Recreation Committee meeting is scheduled on September 14, 2006 at 7:00 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Responding to an inquiry from Alderman Murgatroyd regarding the status of the Parks Master Plan, Director of Parks and Recreation Merkel stated the final report regarding the needs assessment is being prepared. He informed Council the Request for Proposals would be on the Agenda for discussion at the Parks and Recreation Committee meeting scheduled in October. Director Merkel indicated funds for the Shamrock Park development have been allocated in the CIP and Staff is attempting to keep the project on track. Alderman Murgatroyd opined it is inappropriate and premature to discuss design of the Shamrock Farm Park without pertinent information, which would be available upon completion of the Master Parks Plan. Responding to an inquiry by Alderman Glab regarding the completion of the Amoco Driveway, City Administrator Maxeiner stated the plan is being assessed by the Highway Department, which has caused a delay. September 12, 2005 Page 9 Alderman Glab stated the chillers located at the McHenry High School West Campus are still at a noise level unacceptable to residents in the vicinity. Director of Community Development Napolitano informed Council the chillers are being worked on and a noise level assessment would be performed. Director Napolitano assured Council they would be apprised of the results of the noise level assessment. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 9:11 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:11 p.m. R�C--�-C MAYORCITY CLE J