HomeMy WebLinkAboutMinutes - 06/20/2005 - City Council REGULAR MEETING
JUNE 20, 2006
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, June 20, 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, Assistant to the City Administrator Martin, City Clerk Jones, City
Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of
Community Development Napolitano, Director of Parks and Recreation Merkel and
Community Relations Management Assistant Hobson. Absent: Director of Finance Kline.
PUBLIC HEARING: BUDRECK FARM ANNEXATION AGREEMENT. MAP
AMENDMENT, CONDITIONAL USE PERMIT AND PRELIMI(VARY PLAT FOR THE
OAKS OF IRISH PRAIRIE DEVELOPMENT
Mayor Low opened the Public Hearing regarding the following at 7:35 p.m.:
• Budreck Farm Annexation Agreement
• Map Amendment
• Conditional Use Permit; and
• Preliminary Plat for the Oaks of Irish Prairie Development
Mayor Low stated perhaps the Public Hearing would not be completed this evening
due to the many items to be covered. She stated the Public Hearing would begin with a
presentation by the applicants. Mayor Low introduced Mr. Mark Fields, Director of Land
Acquisition and Entitlements for Town & Country Homes.
Mr. Fields thanked the Mayor and Council for the opportunity to present the
proposed concept for the Oaks of Irish Prairie. He introduced the following persons
associated with the project to Council stating they are available for questions and at some
point may take part in the presentation:
• John McFarland, Executive Vice President of Land Development
• Charles M. Hanlon, Principal of LandVision, Inc.
• Richard V. Speckman, Senior Project Manager of Cemcom, Ltd.
• Brent A. Coulter, Senior Project Manager of Cemcon, Ltd.
• Vincent J. Mosca, Vice President of Hey and Associates, Inc.
• Thomas R. Burney, Esq., Schain, Burney, Ross &Citron, Ltd.
Mr. Field reiterated that on July 12, 2004 Town & Country Homes appeared before
the Committee of the Whole and presented plans for a project containing 401 single-family
home sites on 99.8 acres of property commonly known as the Budreck Farm, which is
located off Barreville Road directly east of the Morgan Hill Subdivision. The original
proposal included 61.54 acres of open space and conservation areas designated on the
Comprehensive Plan. The proposed density was 2.0 dwelling units per acre. Town &
Country proposed twelve community parks throughout the project, eight of which were
designated active park areas. Mr. Field specified that homes throughout the development
were not garage dominant, but rather the garages were setback behind the structures.
The Committee of the Whole appeared generally amenable to the concept plan with the
exception of the following concerns:
• The number of parks;
June 20, 2005
Page 2
• The homeowners' association's ability to maintain extensive open space areas;
• The possible number of school age children, which might impact local schools.
Mr. Field stated that following the Committee of the Whole Meeting, Town& Country
has worked closely with Staff in an effort to refine the development plans prior to making
the official submittal before Council. Mr. Field complimented Staff on their cooperation
during the planning process. He stated Town & Country Homes is excited about the
revised concept plan.
Mr. Charles Hanlon joined Mr. Field at the podium. Mr. Hanlon indicated that the
current plan is similar to the original concept plan presented to the Committee of the
Whole. The plan continues to use neo-traditional design principals, providing a design,
which would be unique to the City of McHenry,
Mr. Hanlon stated the overall density has been reduced from 401 units to 395
single-family home sites, 1.98 units per acre. He noted the proposed lots meet or exceed
the RS-3, Medium-High Density District minimum requirements for lot size, 9,000 s.f. and
lot width, 70 feet. Mr. Hanlon indicated the following setbacks are proposed:
• Front Yard 30 feet
• Side Yard 7.5 feet
• Corner Side Yard 15 feet
• Rear Yard 40 feet
Addressing the Council's concern regarding parks, Mr. Hanlon stated one main
park, consisting of 4.4 acres, located near the center of site, would be dedicated to the City
of McHenry. Seven parks scattered throughout the development would be maintained by
the homeowners' association. The main homeowners' association park would have a
community center and a conservation easement to preserve an existing stand of trees. Mr.
Hanlon noted that conservation easements are proposed along a portion of the west and
north boundaries of the site to preserve existing trees, and at the southeast corner of the
site to preserve an existing wetland. Veterans Parkway, which was constructed,for the
Morgan Hill/Prairie Pointe developments, would be continued as a boulevard through the
Oaks of Irish Prairie development to link with State Park Road.
Mayor Low thanked Mr. Fields and Mr. Hanlon for their concise presentation and
opened the floor to comments from Council.
Responding to an inquiry by Alderman Glab regarding the property at the southeast
comer, designated as a conservation easement, Mr. Fields stated the property to the north
is proposed as a detention area; however the property to the south is currently under
design. It is proposed to remain a natural area maintained by the McHenry County
Conservation District (MCCD).
In response to Alderman Glab's question, Mr. Fields indicated that following a
portion of the build-out being complete the Master Property Owner's Association would be
turned over to the homeowners. He assured Alderman Glab, and Council, that a copy of
the Covenants, Conditions and Restrictions (CC&R) would be provided together with the
June 20, 2005
Page 3
Final Plat. Alderman Glab stated he would like a build-out of five years.
.— Addressing Alderman Glab's concerns regarding the Agricultural Uses, Page 4,
Paragraph 9 of the draft Annexation Agreement, Mr. Field's inquired if a 7-year agricultural
plan would be acceptable. Alderman Glab responded affirmatively.
Alderman Glab, referencing Page 5, Paragraph 14 of the draft Annexation
Agreement entitled Back-up Special Service Area, stated he would like wording in the
Agreement indicating that the back-up SSA is a developer's expense. Mr. Fields agreed to
add the wording to the Annexation Agreement.
Mr. Vince Mosca of Hey and Associates, responding to Alderman Glab's inquiry,
stated that a third party, yet to be decided would hold title to the conservation easement.
City Attorney McArdle assured Alderman Glab that the matter would be resolved prior to
signing the final Annexation Agreement.
Alderman Glab stated that regarding signage he is amenable to temporary
identification signage for the development being displayed for seven years; however he
would like to see verbiage in the Annexation Agreement specifically addressing directional
signs. Mr. Fields indicated that promotional signs would be on the developer's property for
a period of time not to exceed seven years.
Alderman Glab suggested the following be incorporated into the Annexation
Agreement:
• Speed limits and stop signs be approved by Council;
• Development and conveyance of the park site to the City of McHenry should be
specified; and
• The developer fees provided to the school districts should be used at the District
15's and District 156's discretion.
Responding to Alderman Schaefer regarding when occupancy is to begin, Mr.
Fields stated that occupancy depends upon when construction begins which is tied to the
South Wastewater Treatment Plant expansion. Town & Country Homes anticipates
construction to begin in the spring of 2006.
A discussion ensued regarding use of the parks in the development.
Responding to Alderman Murgatroyd's inquiry regarding the pipeline easement
running through one of the parks and restrictions concerning what could be built on the
site, Director of Parks and Recreation Merkel stated that there would be limits regarding
what could be built upon the pipeline.
Alderman Murgatroyd opined he supports the concept as a whole and likes the neo-
traditional approach to project design. He stated he would prefer the MCCD maintain the
conservation easement. Additionally, he indicated he has concerns with the build-out and
would prefer the build-out date to begin when the first building permit is pulled by the
developer, rather than with the signing of the Annexation Agreement.
June 20, 2005
Page 4
Mr. Fields, responding to an inquiry from Alderman Wimmer, stated a gas easement
runs along the west boundary of the property, limiting what can be built upon the site.
Alderman Wimmer stated he likes the concept, however indicated some concerns
regarding the number of different fences, which might potentially abut the property. Mr.
Field noted the type of fencing available to the homeowners throughout the development
would be restricted in the CUR.
Responding to an inquiry by Alderman Peterson regarding Parcel No. 5, Mr. Fields
indicated that the MCCD has indicated an interest in the property.
Alderman Condon opined that the product is unique to the community. She
supports the tree preservation and the bike path concept throughout the parks. Alderman
Condon stated she would support a plan for community-wide fencing restrictions. She
indicated the following concerns:
• more open space than the 32.8% indicated on the plan;
• prefers a maximum of 60 building permits issued per year,
• provide parking spaces around the parks; and
• elimination of some of the odd-shaped lots.
Alderman Santi concurred with Aldermen Murgatroyd and Condon regarding the —
unique concept of the development. He stated concerns regarding the impact the
development would have on the current residents living on Barreville Road and South
Green Street. He suggested a buffer between the development and the Road/Street might
be appropriate. Additionally, he indicated he had major concerns with the following:
• Traffic;
• Impact to local schools; and
• Building permits.
Alderman Santi opined the amount of building permits requested is excessive. He
stated he would prefer a limitation on the number of building permits to be issued annually,
in order to phase the project into the community with as little impact as possible.
Addressing an inquiry, Mr. McFarland stated the first phase of development would
be determined by the expansion to the South Wastewater Treatment Plant; however, the
first occupancy is anticipated in 2007.
Responding to an inquiry from Alderman Santi regarding further communication
between representatives of District 15 and District 156 and the developer, Mr. Fields
indicated that while preliminary discussions with representatives of District 15 seemed to
go well, there has been no further communication with District 15, Discussion has yet to
take place with representatives of District 156.
Mr. Burney, addressing a typographical error in the Annexation Agreement brought
forth by Alderman Glab, indicated that the Annexation Agreement would be corrected to
reflect that the lot donated is Lot 5, rather than Lot 6.
June 20, 2005
Page 5
In response to Mayor Lows inquiry there were no further comments from Staff
regarding the project.
Mayor Low opened the floor to comments from the audience.
Mr. Gary Lechner, a resident of 3108 Beach Drive, addressed Council. Mr. Lechner
stated that he has no objection with the layout of this development. It appears to be a very
nice project. Mr. Lechner asked Council to slow down the development of large
subdivisions throughout the community, taking into consideration the following:
• The impact on traffic to current residents.
• How does the new development benefit the community?
• Who pays for road upgrades?
Mr. Dan Bixier, a resident of 1207 Capri Terrace, addressed Council. Mr. .Bixler.
expressed concern regarding damage to South Green Street and Barreville Road resulting
from the large construction trucks. Additionally, Mr. Bixler inquired about the impact
another large development would have on the Police Department.
Mayor Low inquired if there were any written or verbal comments provided to the
Clerk's Office regarding this matter. City Clerk Jones responded there were none.
Motion by Wimmer, seconded by Murgatroyd to close the Public Hearing at 8:59
P.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Low closed the Public Hearing at 8:59 p.m.
TEN MINUTE PUBLIC INPUT SESSION
Mr. Edward Lewis, a resident of the Hunterville Subdivision, addressed Council
conceming the ongoing issues relative to the annexation of the Hunterville Subdivision to
the City of McHenry including the installation of municipal sewer and water. Mr. Lewis
stated emphatically that Judy Mueller, the individual who negotiated with the City of
McHenry with respect to the sewer and water project was not authorized to do so, as she
was not officially the President of the Homeowners Association.
Mayor Low explained to Mr. Lewis that this was not the appropriate forum in which
to elucidate his frustrations regarding the project. She suggested he call City
Administrator Maxeiner to discuss his concerns in detail. Mr. Lewis agreed to do so.
CONSENT AGENDA
Motion by Schaefer, seconded by Glab, to approve the Consent Agenda as
presented:
June 20, 2005
Page 6
A. Mosquito management contracts with McHenry Township and Clarke
Environmental Mosquito Management, Inc., not to exceed $30,238;
B. Final payment request from Reil Construction for purchase of three piers; not to
exceed $2,653;
C. Public Works Department request to purchase a 2006 Ford F250 pick-up truck
through the State of Illinois Joint Purchase Program, not to exceed $28,690;
D. Police Department request to purchase four 2006 Ford Crown Victoria police
vehicles and one Ford F150 pick-up from Buss Ford, for a total not to exceed
$106,000;
�. Block Party Requests:
a. Craig Adams, Whispering Oaks, September 18, 2005;
F. Regular City Council Meeting Minutes:
a. May 23, 2005 regularly scheduled Council Meeting;
b. June 6, 2005 regularly scheduled Council Meeting;
G. List of Bills
A W TOOL SALES INC 304.90
AAA COMMERCIAL PRODUCTS 1,091.80
AALTO, BRIAN 77.22
ACCURINT FOR LAW ENFORCE 150.00
ACE HARDWARE, BJORKMAN'S 2,259.76
ACME BRICK & SUPPLY CO 127.20
ADAMS ENTERPRISES INC, R 46.53
ADAMS OUTDOOR POWER EQUI 76.42
ADAMS STEEL SERVICE INC 1,153.35
ADAMS, JOHN 645.42
ALDRIDGE ELECTRIC INC 204.70 v
ALEXANDER CHEMICAL CORP 1,170.50
ALEXANDER LUMBER CO 299.43
ALLIANCE CONTRACTORS INC 10,976.50
ALLIED ELECTRONICS INC 316.56
AMERICAN PUBLIC WORKS AS 200.00
AMERICAN RED CROSS OF GR 958,90
AMERICAN WATER WORKS ASS 67.00
ANGELUS MANAGEMENT SERVI 30.00
ARAMARK WORK APPAREL & U 452.93
ARNET, ALICE 84.21
B&W CONTROL SYSTEMS INTE 23,336.34
BADGER METER INC 128.69
BANNER OCCUPATIONAL HEAL 165.00
BASTIAN, THOMAS P 540.00
BAXTER & WOODMAN 2,493.09
BEARING HEADQUARTERS COM 2,266.98
BLACK BOX CORPORATION 664.00
BLAZYK, NANCY 135.00
SONCOSKY OIL COMPANY 11,023.79
BOTTS WELDING & TRUCK SE 168.50
BRADY & ASSOCIATES, PHIL 3,329.00
BREMER, CURTIS 49.00
BUCH, DENIS & MICHELE 4,416.00
BURRIS EQUIPMENT COMPANY 71.44
BUSS FORD 30.00
BUSS FORD SALES 852.46
CAIRO, MARIANNE 21.46
CAMPBELL, BOB 16.01
CAPTAIN ROD'S 150.00
CARQUEST AUTO PARTS STOR 696.21
CASEY EQUIPMENT COMPANY 69.88
CDS OFFICE TECHNOLOGIES 1,000.00
CDW GOVERNMENT INC 2,230.78
CENTEGRA OCCUPATIONAL ME 424.25
CERTIFIED SERVICES INC 33.66
CHARPIE CONSTRUCITON COM 103,104.00
CHICAGO COMMUNICATION SE 99.25
CHICAGO INTERNATIONAL TR 143.97
CINQUEGRANI, NICHOLAS L 1,432.00
CINTAS CORPORATION #355 631.51
CLESEN, NICHOLAS 19.06
CLIFFORD-WALD 319.27
June 20, 2005
Page 7
CLOWNING AROUND ENTERTAI 539.75
COMED 69,445.10
COMMUNICATIONS REVOLVING 174.50
COMPUMASTER 1,790.00
CONAWAY, TINA 99.12
CONSERV FS 312.50
COOKIE CUTTERS 30.00
COUNTRYSIDE GARDEN CENTE 1,325.40
CRAFT CONCRETE PRODUCTS 1,025.35
CRESCENT ELECTRIC SUPPLY 425.07
CRUZ, MICHAEL 17.18
CRYSTAL MANOR STABLE 75.00
CUSTOM LANDSCAPING 4,567.50
D'ANGELO NATURAL SPRING 42.60
DELISI, PHIL 188.00
DELL 8,437.90
DIEDRICH, ANNE 18.00
DOCUMENT IMAGING DIMENSI 1,813.00
DOOR SYSTEMS INC 1,995.00
DURA WAX COMPANY INC, TH 1,352.05
EAST JORDAN IRON WORKS 1,005.74
ED'S RENTAL & SALES INC 814.60
EJ EQUIPMENT 407.38
ENVIRONMENTAL RESOURCE A 330.60
FAST EDDIES CAR WASH 68.60
FEDEX 20.14
FISCHER BROS FRESH 1,888.95
FITNESS FANATICS 60.00
FOERSTER, JEFFERY S 39.50
FOTO FAST 47.44
FOX VALLEY CHEMICAL CO 918.00
FOX VALLEY CHLORINATING 325.00
FOXCROFT MEADOWS INC 1,474.16
FRANKLIN, JAMES 423.00
PRY, ROBERT J 1,855.00
G IMPRESSIONS INC 845.00
GALLS INCORPORATED 68.98
GITZKE, WILLIAM 692.65
- GLAVE, DANA 67.00
GLOBAL EQUIPMENT COMPANY 60.00
GOLD MEDAL PRODUCTS 2,688.00
GOULET, MICHAEL 1,500.00
GREAT LAKES FIRE & SAFET 172.50
GROWER EQUIPMENT & SUPPL 413.00
H R STEWART INC 1,300.00
HABERICHTER, NANCY 145.00
HALOGEN SUPPLY COMPANY 1,241.55
HANSEN'S ALIGNMENT, DON 65.00
HARM'S FARM 531.46
HARRIS, JILL 1,561.69
HEALTH COMMUNICATIONS IN 75.00
HOLIAN, CAROL 77.70
HORNING, RUSSELL 60.00
HUEMANN, KIM 50.00
HUNTER HOMES 69.97
ICI DULUX PAINT CENTERS 4,800.00
IDENTITY SPORTSWEAR 1,721.68
ILLINOIS CITY/COUNTY MAN 546.50
ILLINOIS RURAL WATER 35.81
INCODE-CMS 1,500.00
INDUSTRIAL/ORGANIZATIONA 325.00
INNOVATIVE PACKAGING INC 360.00
INTEGRA BUSINESS SYSTEMS 357.15
J & B BUSINESS SYSTEMS 134.00
JENSEN'S PLUMBING & HEAT 147.50
JEWEL FOOD STORES 37.45
JP MORGAN TRUST COMPANY 2,400.00
KALE UNIFORMS INC 1,270.10
KEENE, ROBERT 91.08
KIATTA, TAMMY 130.00
KIMBALL MIDWEST 704.48
KING, TOM 300.00
KIWANIS CLUB OF MCHENRY 115.00
KNECHT, MARCI 64.00
KRANZ, ANNE 97.62
KREASSIG, DANIEL 11.50
KTD INC 425.48
June 20, 2005
Page 8
KUS, TOM 72.00
LAMBERT, FRAN 625.00
LANGE, MICHAEL 181.01
LEACH ENTERPRISES INC 29.45
LEE, KATHY 145.00
LEGEND ELECTRICAL SALES 1,059.35
LEONARDI'S FOOD SPECIALT 1,431.45
LETN PRIMEDIA WORKPLACE 576.00
LINE, GARY 132.06
LOCKER'S FLOWERS 32.00
LUNKENHEIMER, PATTIE 106.44
M & G HAIR CARE SERVICES 30.00
MANAGEMENT LEARNING LABO 6,000.00
MARENGO DISPOSAL CO 3,700.00
MARTELLE WATER TREATMENT 158.00
MARTIN, RACHAEL 50.00
MARTINEZ, RICARDO AND JO 87.32
MATZ, WENDY AND GREG 85.45
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 503.99
MCCARTHY, THOMAS M 602.00
MCHENRY ANALYTICAL WATER 410.00
MCHENRY COMMUNITY HIGH S 27,126.00
MCHENRY COMMUNITY SCHOOL 37,857.00
MCHENRY COUNTRY CLUB 2,643.02
MCHENRY COUNTY COUNCIL 0 56.00
MCHENRY COUNTY EDC 500.00
MCHENRY COUNTY RECORDER 398.00
MCHENRY COUNTY SUPPLY IN 973.66
MCHENRY FAVORITE SPORT C 48.00
MCHENRY FIRESTONE 1,256.78
MCHENRY NAPA 846.20
MCHENRY PUBLIC LIBRARY 2,270.00
MCHENRY SPECIALTIES 16.00
MEYER MATERIAL COMPANY 861.38
MID AMERICAN WATER OF WA 953.54
MIDCO 1,885.00
MIDWEST BANK 30.00
MINUTEMAN PRESS OF MCH 4,607.13
MODINE MANUFACTURING COM 795.00
MOLNAR, JAMES 62.87
MTS SAFETY PRODUCTS INC 174.82
NATIONAL BUSINESS FURNIT 3,309.00
NEXTEL COMMUNICATIONS 2,064.84
NICOR GAS 1,076.36
NORTH EAST MULTI-REGIONA 5,090.00
NORTHERN ILLINOIS SPECIA 99,419.00
NORTHERN VMS LLC 1,028.00
NORTHWEST ELECTRICAL SUP 712.01
NORTHWESTERN UNIVERSITY 675.00
NWBOCA 45.00
O'HERRON CO INC, RAY 1,688.15
O'MEARA, THOMAS 121.00
OCCUPATIONAL FOOTWEAR CO 378.30
OFFICE DEPOT INC 913.37
OFFICEMAX - A BOISE COMP 54.70
OLIVER, JUANITA 248.97
OPTIMA INC COMPANIES, TH 370.50
PACE 9,174.72
PANCHAL, NITA 83.00
PAPROCKI, KRISTINE 55.38
PEARCE, JAMISON 141.00
PEPSI-COLA GENL BOT 2,626.30
PERRICON GARDEN CENTER & 112.00
PETERSEN SAND & GRAVEL 1,069.98
PETTIBONE & CO, P F 700.00
PINTER, WILLIAM S 122.50
PITNEY BOWES INC 310.85
PORTER, DAVID L 5.31
POWERPHONE INC 289.00
PUBLIC AGENCY TRAINING C 275.00
R & S DISTRIBUTORS INC 673.00
RAYMONDS JOHNSBURG BOWL 280.00
REGNER, WILLIAM J 274.27
REICHE'S PLUMBING SEWER 100.00
REICHERT CHEVROLET 1.83
REINWALL MARINE SERVICE 9,800.00
June 20, 2005
Page 9
RELIABLE SAND & GRAVEL 32.64
RESERVE ACCOUNT 1,500.00
REWIAKO, RICHARD 16.00
RICHMOND FISHERIES 825.00
RIETESEL, BYRON 40.00
RIVERSIDE BAKE SHOP 151.97
ROC CONSTRUCTION SUPPLY 69.00
ROTARY CLUB OF MCHENRY 189.00
ROURKE, KEVIN 18.00
ROWE, HERBERT W 3,300.00
RUSHING, RHONDA F LANG- 116.68
SAM'S CLUB 580.36
SAWABINI & ASSOCIATES LL 750.00
SBC 5,947.50
SBC LONG DISTANCE 79.47
SCHATZ, DONALD L 195.00
SCHMITT, JON 18.09
SECRETARY OF STATE/INDEX 10.00
SETON IDENTIFICATION PRO 130.18
SETTLERS HILL RDF 11,917.82
SHERMAN MECHANICAL INC 335.00
SIX FLAGS GREAT AMERICA 378.00
SMITH ENGINEERING CONSUL 77,338.08
SMITH, CINDY 265.00
SMITH, MARY 32.00
SPEARS, PAT 33.00
SSMG 1,038.50
ST PAULS EPISCOPAL CHURC 1,276.00
STAN'S FINANCIAL SERVICE 1.00
STANDARD INDUSTRIAL & AU 52.00
STANS OFFICE TECHNOLOGIE 950.81
STAPLES BUSINESS ADVANTA 1,375.45
STEFFAN'S JEWELERS INC 29.90
SUMMERS PORTABLE TOILETS 160.00
SURFCONTROL INC 2,482.55
SYMBOLARTS 490.00
TAYLOR STREET PIZZA 40.00
TENNIS SUPPLY 10.71
THELEN SAND & GRAVEL INC 249.24
THOMAS TRUCKING INC, KEN 1,380.00
THOMPSON ELEVATOR INSPEC 2,916.00
THREE D DESIGN STUDIO LL 753.29
TOUCHTRONICS INC 27.00
TRAFFIC CONTROL & PROTEC 1,289.74
TREND CELLAR 130.00
TROCKI, TODD A 178.50
TROST, SHELLY 364.98
TURF PROFESSIONALS EQUIP 278.29
UNITED LABORATORIES 324.15
UNRUH, BRETT 120.00
VIKING CHEMICAL COMPANY 3,771.10
VILLAGE SQUIRE 30.00
VISIN, BOB 30.00
WATER WORKS INC 50.00
WEST GROUP PAYMENT CENTE 2,044.00
WHOLESALE DIRECT INC 549.97
WIGMAN, GARY R 53.34
WILLIAMS ELECTRIC SERVIC 391.52
WIRCH, STEVE 114.29
WIRTZ, PAT 24.00
WOLF CAMERA & VIDEO 627.92
WOOD, ROLAND 21.60
ZUKOWSKI ROGERS FLOOD & 14,306.25
GRAND TOTALS 704,687.41
FUND TOTALS
GENERAL FUND 357,012.67
BAND FUND 1,170.50
ANNEXATION FUND 67,253.00
DEVELOPER DONATION FUND 13,024.29
TIF FUND 212.50
DEBT SERVICE-1997A FUND 1,500.00
HUNTERVILLE PARK SSA#6 41.25
CAPITAL IMPROVEMENTS FUND 42,445.11
WATER/SEWER FUND 61,893.92
BOND & INTEREST FUND 900.00
UTILITY IMPROVEMENTS FUND 125,831.50
June 20, 2005
Page 10
RISK MANAGEMENT FUND 424.25
INFORMATION TECHNOLOGY FUND 19,149.84
RETAINED PERSONNEL ESCROW 13,828.58
TOTALS 704,687.41
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Condon complimented Police Chief O'Meara regarding the purchase of
vehicles for the department from a local vendor.
REQUEST FOR SPECIAL USE PERMIT FOR FAMILY NIGHT/PRO-LIFE EVENT WITH
LIVE MUSIC AT PETERSEN PARK
Management Assistant for Community Relations Hobson informed Council that the
Parks and Recreation Department has received a request from City resident Stephanie
Diedrich for the use of Petersen Park Beach to hold a family night/pro-life event on
Tuesday, July 5, 2005 from 6:00 p.m. to 9:00 p.m. Mr. Hobson noted the event would
include live music and approximately 200 persons are expected to attend.
Mr. Hobson stated the purpose of the event is to benefit the not-for-profit group,
Generations for Life. The Generations for Life is a Pro-Life Action League outreach to
empower teens to be effective pro-life leaders by inspiring and assisting on the
establishment of pro-life clubs within high school communities and youth groups.
Management Assistant Hobson indicated the schedule of events includes a Christian band
performing from 6:00 p.m. to 6:45 p.m., followed by guest speaker Bryan Kemper and
concluding with soft music and prayer. It is the organizers intent to set up a tent and sell
water, soft drinks and pre-packaged snacks, t-shirts, CD-s, bracelets and balloons.
Proceeds from the sales and donations would be used to assist in offsetting fees.
Mr. Hobson noted Staff has ascertained the event would have a minimal impact on
the City and there would be no need for additional services provided by City Staff.
Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to
approve a request for a Special Use Permit for a family night/pro-life gathering at Petersen
Bark Beach on Tuesday, July 5, 2005 from 6:00 p.m. to 9:00 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE APPROVING THE FIRST AMENDMENT TO THE LINCOLN HILLS
ANNEXATION AGREEMENT �
Mayor Low indicated that tonight's meeting is not a Public Hearing regarding this
item on the agenda. However, as a courtesy she recognized Mr. Stanley Archaki. Mr.
Archaki addressed Council indicating that he wanted them to be aware that the northwest
section of his property has been raised six feet by Gerstad Construction Company.
June 20, 2005
Page 11
Director of Community Development Napolitano informed Council that the Lincoln
Hills Subdivision was approved by Council to construct 36 single-family lots with RS-2
zoning. Due to unanticipated costs to construct required turn lane improvements to
Lincoln Road, Applicant Roger Walls is requesting Council consider amending the
Annexation Agreement to allow him to increase the number of lots in the subdivision from
36 to 37.
At the Public Hearing, held on March 21, 2005, Council indicated no concerns
regarding the request and instructed Staff to prepare the necessary ordinance and
amendment to the Annexation Agreement.
Motion by Murgatroyd, seconded by Schaefer, to approve an ordinance authorizing
the Mayor and City Clerk's execution of the First Amendment to the Lincoln Hills
Annexation Agreement increasing the number of permitted lots from 36 to 37.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVAL FINAL PLAT OF LINCOLN HILLS SUBDIVISION
Director Napolitano stated the preliminary plat of Lincoln Hills Subdivision was
approved in November 2003, at the time of annexation. In the interim the Applicant has
— been working to resolve engineering and road construction issues associated with the
development. Director Napolitano noted as previously stated in the discussion regarding
the first amendment to the annexation agreement, the Applicant is seeking to increase the
number of lots from 36 to 37 to compensate for the additional road construction and
engineering costs.
Director Napolitano stated the Final Plat has been amended to include the
additional lot. Final engineering has been approved by the City Engineer and the Final
Plat is now before Council for approval.
Director Napolitano noted the Planning and Zoning Commission at its March 3,
2005 meeting unanimously recommended approval of the Final Plat of Lincoln Hills
Subdivision, subject to the condition that the Final Plat be recorded within six months of
Council's approval.
Additionally, Director Napolitano stated that at a meeting with Staff and Mr. Archaki,
the owner of property abutting the Lincoln Hills Subdivision, the design engineer
suggested that the road be lowered on the east side of the property to address drainage
concerns.
Alderman Condon opined that, pursuant to the comments by the Planning and
'�-- Zoning Commission, she would like language included in the Annexation Agreement which
addressed tree preservations concerns.
June 20, 2005
Page 12
Motion by Wimmer, seconded by Sant!, to accept the unanimous recommendation �-
of the Planning and Zoning Commission to approve an ordinance approving the Final Plat
of Lincoln Hills Subdivision, subject to the -condition that the Final Plat be recorded within
six month's of Council, approval.
Voting Aye: Sand, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONTRACT FOR THE ENGINEERING AND PREPARATION OF CONTRACT PLANS
SPECIFICATIONS AND SURVEYNG SERVICES FOR THE PETERSEN HISTORIC FARM
ROADWAY AND ACCESS IMPROVEMENTS PROJECT - SMITH ENGINEERING
CONSULTANTS, INC.
Director of Parks and Recreation Merkel informed Council that the plan submitted to
the Illinois Department of Natural Resources for the Petersen Historic Farm Acquisition
Grant illustrated an access roadway in the wooded section of the property. The roadway
would provide for public access to the park for passive use. Director Merkel stated that
$45,000 has been included in the 2005/2006 Capital Improvement Plan (CIP) for this
project.
Director Merkel stated the development of the roadway and access improvement was discussed at the May 11, 2005 Parks and Recreation Committee meeting. The
Committee recommended that Staff seek a proposal for engineering services, to include
preparation of bid specifications for the project.
Motion by Schaefer, seconded by Condon, to accept the recommendation of the
Parks and Recreation Committee to approve a contract with Smith Engineering
Consultants, Inc. for engineering and preparation of contract plans, specifications and
surveying services for the Petersen Historic Farm Roadway and Access Improvements
project, in an amount not to exceed $16,146.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AGREEMENT FOR THE ENGINEERING CONSULTING SERVICES AND PREPARATION
OF BID DOCUMENTS FOR THE MCHENRY SHORES BEACH PARK PROJECT - HEY
AND ASSOCIATES
Director Merkel stated that McHenry Shores Beach Park is a small neighborhood lot
located at the southeast comer of the McHenry Shores Subdivision. The waterfront
property has experienced significant erosion from wakes created by boat traffic during the ,
summer months. Director Merkel indicated that residents living north of the property
appeared at a Parks and Recreation Committee meeting in 2004 requesting the City take
action to prevent further erosion.
June 20, 2005
Page 13
Director Merkel indicated that Staff met with Hey and Associates to discuss various
methods of shoreline protection for the site and estimated costs of repair. Hey and
Associates recommended a natural stonefrock revetment for the location as this type of
shoreline restoration technique would hold up against wave action and be more attractive
than a steel seawall.
Director Merkel stated the topic was again discussed at the Parks and Recreation
Committee meeting held on May 11, 2005. The Committee recommended a contract be
awarded to Hey and Associates, Inc. to provide engineering services and bid specification
preparation in an amount of $8,000. Director Merkel informed Council that $25,000 has
been budgeted for the design and construction of this item in the 2005/2006 Fiscal Year
Budget.
Alderman Wimmer noted that the pier at the site is in a severe state of deterioration.
Director Merkel indicated that the pier would probably remain in its current state pending
restoration of the shoreline.
Motion by Santi, seconded by Wimmer, to accept the recommendation of the Parks
and Recreation Committee to approve a contract submitted by Hey and Associates, Inc. for
engineering services and bid specification for shoreline restoration work at McHenry
Shores Beach Park in the amount not-to-exceed $8,000.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSSION: ESTABLISHMENT OF A POLICY RELATING TO ISSUING MINOR
PERMITS IN SUBDIVISIONS WITH COVENANTS
Director Napolitano informed Council that Community Development Department
Staff receives and processes several minor permits each week. Minor permits include:
• Decks;
• Sheds;
• Swimming Pools;
• Hot Tubs; and
• Fences.
The Department's goal is to process minor permits within a five-business day period. Often
inspectors can process the permits in a shorter time.
Director Napolitano noted a frequent impediment to the timely processing of permits
is the need for approval from a Homeowner's Association (HOA). At times this may delay
issuance of a permit by up to three weeks. Staff has indicated concern regarding these
delays and requested direction from the Community Development Committee.
Director Napolitano indicated that as a policy the Department requires a letter of
approval from the HOA, prior to issuance of a minor permit. He noted that most of the
newer subdivisions have a HOA and their covenants require that the HOA review and
June 20, 2005
Page 14
approve decks, sheds, fences and pools. Director Napolitano noted that the builder or "�-
developer often acts as the HOA until a certain number of homes in the subdivision are
occupied, usually 75% to 80%. Once that percentage is reached the HOA is turned over
to the residents of the subdivision and a board is elected. The board is then charged with
carrying out the HOA duties. Director Napolitano indicated some of the problems Staff is
encountering when dealing with HOA's include:
• Frequent turnover of board members;
• Infrequency/irregularity of board meetings; and
• Applicant apathy.
Director Napolitano indicated homeowners are most distressed at the delay
experienced because of the HOA. He informed Council the Community Development
Committee discussed various options in an effort to address this matter. Maintaining the
status quo and not requiring approval from the HOA were discussed and immediately
eliminated. It was also recommended that a reminder be included on documents
accompanying the permit, which would provide sufficient notification to applicants, but
would not delay the issuance of the building permit by the City.
Director Napolitano informed Council the Committee voted unanimously that a
policy be established for subdivisions with CC&R that require HOA approval for minor
permits. The proposed policy would allow the Community Development Department to
issue minor permits, provided that a reminder to the homeowner/applicant is included on
the permit indicating that review and approval of the HOA is required. Staff is seeking
support from full Council to enable the Community Development Department to begin
implementation of the policy.
Motion by Condon, seconded by Wimmer, to accept the recommendation of the
Community Development Committee to approve the implementation of a policy allowing
the Community Development Department to issue minor permits, provided that a reminder
to the homeowner/applicant is included on the permit indicating that review and approval
of the HOA is required
Alderman Glab stated he supports implementation of the policy. Alderman Schaefer
concurred with Alderman Glab.
Alderman Murgatroyd stated he respectfully disagrees. He opined that approval of
a building permit without the HOA approval would create a situation in which the only
alternative the HOA has, if the building has been started or completed, is to sue the
homeowner to remove the structure, creating an adversarial situation between neighbors.
Responding to Alderman Wimmer's request, City Attorney McArdle stated that it is a
complex and convoluted matter, which at times creates an adversarial situation for the
HOA Board. However, he noted nothing indicates a policy could not be established with _
Council approval regarding the issuance of permits without HOA approval.
Alderman Wimmer suggested the matter go back to the Community Development
Committee for further discussion.
June 20, 2005
Page 15
Alderman Peterson indicated he concurs with Alderman Murgatroyd, He opined that
if Covenants (CC&R) are required by the City then the City should not circumvent the HOA
by ignoring the Covenants.
Alderman Condon supported the matter going back to the Community Development
Committee for review and further discussion.
Alderman Condon withdrew her motion. Alderman Wimmer agreed to withdraw his
second to the motion. The motion was withdrawn.
Motion by Glab, seconded by Wimmer, to accept the recommendation of the
Community Development Committee to approve the implementation of a policy allowing
the Community Development Department to issue minor permits, provided that a reminder
to the homeowner/applicant is included on the permit indicating that review and approval
of the HOA is required
Voting Aye: Santi, Glab, Schaefer, Wimmer, Condon.
Voting Nay: Murgatroyd, Peterson.
Absent: None.
Motion carried.
Mayor Low stated she is cognizant of Staffs difficult position when dealing with the
public regarding issuance of permits. She indicated she is confident that an alternative is
available that would unburden Staff without circumventing the Homeowner's Association.
MCHENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY RENEWAL FOR THE
YEAR 2006/2006
Assistant to the City Administrator Martin informed Council that the City of McHenry
has been a member of the McHenry County Municipal Risk Management Agency
(MCMRMA) insurance pool since its inception in 1988. He noted that MCMRMA consists
of eight communities providing risk-financing mechanisms for funding of workers
compensation claims, 'property loss, general liability and public officials insurance.
Additionally, MCMRMA provides loss prevention and claim administration services.
Assistant to the City Administrator Martin noted that since the events of September
11, 2001 insurance rates have steadily increased, as the insurance market continues to
deteriorate. However, McHenry's portion of the 2005/2006 renewal is decreasing by
$43,864, 7% from last year. This is due to a reduction in the City's losses and in part to
proper fund management of the pool and improved efforts by the members of MCMRMA.
Assistant to the City Administrator Martin stated that included in the insurance
premium for 2005/2006 renewal year is $9,013 for a property appraisal for all municipal
facilities, which will be done by Industrial Appraisal Company. The last property appraisal
performed was done in the year 2000. Mr. Martin stated that accurate up4o-date
'`- appraisals ensure coverage levels are adequate to sufficiently cover any losses
experienced. Mr. Martin informed Council the entire budget for MCMRMA for the
2005/2006 year amounts to $558,690.
June 20, 2005
Page 16
Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to
approve annual premium payment to the McHenry County Municipal Risk Management
Agency in the amount of $557,302, divided into two equal payments due on July 1, 2005
and October 1, 2005, for the Year 2005/2006 insurance renewal period.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
There was no Mayor Statement or Report.
COMMITTEE REPORTS
Alderman Wimmer, Chairman of the Public Works Committee, announced a
meeting of the Public Works Committee took place prior to tonight's regular City Council
meeting. He stated the minutes of the meeting would be forthcoming.
STAFF REPORTS
City Administrator Maxeiner commended Management Assistant for Community
Relations Hobson for his efforts in coordinating last weekend's extensive array of events.
s
FUTURE AGENDA ITEMS
No future agenda items were discussed.
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Santi, seconded by Schaefer, to adjourn to Executive Session to discuss }'
Potential Litigation at 9:50 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council convened Executive Session at 9:53 p.m.
Motion by Wimmer, seconded by Glab, to return to Open Session at 10:01 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 10:01 p.m.
June 20, 2005
Page 17
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 10:01 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 10:01 p.m.
MAYOR C CLE