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HomeMy WebLinkAboutMinutes - 03/07/2005 - City Council REGULAR MEETING MARCH 7, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, March 7, 2005 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 Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Finance Kline, Director of Community Development Napolitano, Community Relations Management Assistant Hobson, City Administrator Assistant Martin. Absent: Director of Parks and Recreation Merkel. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as presented: A. Picnic/Special Use Permits for Parks and Recreation; B. Ordinance amending Section IV(B) of the Zoning Ordinance changing the purpose of RS-3 District; C. CALEA General Order Revisions for Police Department; D. Minutes of the December 20, 2004 regularly scheduled Council Meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO USE PETERSEN PARK FOR CIRCUS EVENT ON SEPTEMBER 14-15, 2005—WONDER LAKE CHAMBER OF COMMERCE Management Assistant for Community Relations Hobson introduced Dennis Palys, President of the Wonder Lake Chamber of Commerce and Missy Sells, Director of the Wonder Lake Chamber of Commerce. Mr. Palys addressed Council stating the Wonder Lake Chamber of Commerce is requesting Council approve the use of Petersen Park to host the Kelly-Miller Circus on September 15, 2005. Mr. Palys noted Wonder Lake does not have the facilities to host such an event, specifically regarding water service and parking issues. He stated, if approved, the circus would arrive on the night of September 14, 2005 and set up for two shows, at 4:30 p.m. and 7:30 p.m. on the night of September 15, 2005. Proceeds from the Circus would be shared among the Wonder Lake Chamber, the circus and a qualified not-for-profit co- sponsor. Attendance at each performance is anticipated to be approximately 800 persons. Mr. Palys stated Wonder Lake Chamber staff would organize event parking in the hayfield at Petersen Park and would be responsible for clean-up. Director Merkel has reviewed the Chamber's request and indicated he has no issues. A $200 fee is required for the use of the park. Additionally, a $100 security deposit would be forfeited in case of neglect or abuse of park facilities. Chief of Police O'Meara has recommended three March 7, 2005 Page 2 additional officers be assigned, from 4:00 p.m. to 10:00 p.m., on September 15, 2005 to address traffic control and to provide general security to the area for an event of this size. The cost for three additional police officers is estimated at $700. The Wonder Lake Chamber has agreed to reimburse the City of McHenry for the additional expense. Alderman Bolger opined he is in favor of any goodwill gesture toward neighboring municipalities sharing facilities, if the event benefits the residents of surrounding municipalities. Mayor Low concurred with Alderman Bolger. Alderman Murgatroyd stated he would like any agreement regarding fees be addressed, in writing, in a contract between the City of McHenry and the Wonder Lake Chamber of Commerce, to be executed by the appropriate parties. Responding to Alderman Condon's concerns regarding the City's liability, City Administrator Maxeiner explained that the City's procedure is to be added as an additional insured on a Certificate of Insurance for the event. Alderman Glab opined at length his concerns regarding a private, profit generating entity using the City's park facilities for an event. Alderman Condon stated she concurs with the Mayor and Alderman Bolger regarding this use. However, she suggested a discussion occur at a Parks and Recreation — Committee meeting regarding the use by outside entities of City of McHenry facilities, addressing park fees, additional fees, and/or possible donations back to the City. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve the request by the Wonder Lake Chamber of Commerce for use of Petersen Park on September 14-15, 2005 for a performance by the Kelly-Miller Circus, subject to written agreement as to fees between the City of McHenry and the Wonder Lake Chamber of Commerce. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. ORDINANCE GRANTING ZONING MAP AMENDMENT TO RS-4 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT—4611 FREUND AVENUE Director of Community Development Napolitano reiterated that Council at the regular City Council meeting, held on February 21, 2005, directed Staff to prepare an ordinance granting a Zoning Map amendment from 0-1, Local Office to RS-4, High-Density Single-Family Residential for the property located at 4611 Freund Avenue. He noted Council approved the request by a vote of 5-2. r Motion by Bolger, seconded by Glab, to accept Staffs recommendation to approve an ordinance granting a Zoning Map amendment from 0-1, Local Office to RS-4, High- Density Single-Family Residential for the property located at 4611 Freund Avenue. March 7, 2005 Page 3 Voting Aye: Bolger, Glab, Low, Wimmer, Condon. Voting Nay: Murgatroyd, Peterson. Absent: None. Motion carried. ORDINANCES APPROVING CUNAT INC PATRIOT ESTATES AGE-RESTRICTED HOUSING DEVELOPMENT LOCATED ON THE EAST SIDE OF CRYSTAL LAKE ROAD, SOUTH OF BULL VALLEY ROAD Director Napolitano stated that Council, by a vote of 6-1 at the regular City Council meeting held on February 14, 2005, approved the Concept Plan for Patriot Estates directing Staff to prepare the necessary ordinances amending the Inland Park Annexation Agreement, rezoning the property to RS-3 and RM-3, and granting variances for lot width and the number of buildings permitted on a zoning lot. Director Napolitano noted there remained two items for discussion: • The distance of proposed townhomes from the railroad tracks. Illustrations provided by Applicant Cunat Inc. indicated that the townhomes would be approximately 85' from the railroad tracks. In response to Council inquiry at the February 141' meeting, Staff has noted the Kresswood Trails units are approximately 100' from the tracks, while other existing residential units, up the rail line, range from 60' to 90' from the railroad tracks. • Limiting the number of building permits issued on an annual basis. Council has recently limited the number of permits issued each year as part of the terms of annexation agreements. Due to the developer being unsure of the market demand, the developer indicated an unwillingness to commit to such a limitation. Staff provided Council with a table illustrating permit limitations placed on recent developments in the City. Based upon the information provided, Staff has included language in the Amended Annexation Agreement limiting the number of permits issued on an annual basis to this development. A maximum of 101 permits per year would be permitted, with no more than 51 of those permits to be single-family or duplex units, ensuring a build-out of at least four years. Alderman Glab expressed concerns regarding the amount of fees the developer is being charged for road improvements. He stated the developer should be charged based upon the impact the development would have on the City. He opined that $75,000 is an inadequate amount. City Administrator Maxeiner stated that plans are currently being formulated for a three-lane cross section on Crystal Lake Road in 2007, to which the developer would contribute. Responding to Alderman Condon's inquiry regarding how Staff determined the number of building permits which should be issued annually to this developer, Director Napolitano stated Staff made the calculations based upon a four-year buildout. Motion by Wimmer, seconded by Condon, to approve an ordinance authorizing the Mayor and the City Clerk's execution of the Second Amendment to the Inland Business March 7, 2005 Page 4 Park Annexation Agreement for the Patriot Estates property in Inland Business Park located on the east side of Crystal Lake Road and south of Bull Valley Road, in the City of McHenry, McHenry County, Illinois. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Motion by Condon, seconded by Bolger, to approve an ordinance granting a Zoning Map Amendment from BP Business Park to RS-3 Medium High Density Single Family District and RM-2 Multiple Family Residential District; and Variances for lot width and allowing multiple buildings on each platted zoning lot for 204 townhomes in 51 buildings in Patriot Estates. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE—QUIZNO'S SUBS, 2453 NORTH RICHMOND ROAD Director Napolitano informed Council of a request from National Sign Systems on — behalf of Quizno's Subs, located at 2453 North Richmond Road. He stated that Quizno's has recently opened a store in the outbuilding east of Home Depot. Because the rear of the building faces a large parking area, Quizno's is requesting a variance to allow a second wall sign on the back of the building facing Home Depot. Director Napolitano advised Council the sign ordinance permits one wall sign totaling 31.5 sf, or 1.5 sf. per 1 foot of building frontage. Additionally, all outlots in the shopping center were granted a variance to have a freestanding sign not to exceed 30 sf. and 6 feet in height. Quizno's will have identification on the freestanding sign along with other tenants in the outbuilding. Quizno's received a permit and installed a wall sign of 31 sf. on the east elevation facing Richmond Road. The proposed sign would also be 31 sf., but would be located on the west elevation facing Home Depot. Alderman Murgatroyd opined he had no issues with the concept of an additional sign on the west facade, but saw no need for the sign to be 31 sf. Alderman Wimmer concurred with Alderman Murgatroyd. Motion by Peterson, seconded by Bolger, to accept Staffs recommendation to approve a request by Quizno's Subs for a sign variance for a second wall sign, with an area of 31 square feet, on the west elevation of the property located at 2453 North Richmond Road. March 7, 2005 Page 5 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. MUNICIPAL DRIVE: (1) PLAT OF DEDICATION: (2) ENGINEERING SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES —SMITH ENGINEERING City Administrator Assistant Martin reiterated to Council that in conjunction with the planning of the joint City of McHenryNMCA facility, directly west of the Municipal Center, plans were discussed regarding the improvement and extension of the existing municipal driveway to Bank Drive and Illinois Route 31. The plans with the YMCA are moving forward along with interest in the development of properties south of the Municipal Center. Staff has been working with City Engineer Smith Engineering Consultants regarding facilitation of the proposed connection. City Administrator Assistant Martin stated the first step in the process is dedication of Municipal Drive as a public right-of-way. The Plat of Dedication would make Municipal Drive a public right-of-way from Green Street to Bank Drive. The purpose of the dedication is: • A public right-of-way would allow the properties to the south of the driveway to access a public right-of-way, keeping curb cuts onto Charles Miller Road to a minimum; and • Dedication would allow the City to move forward with the desired connection to Bank Drive. City Administrator Assistant Martin informed Council the property at the northwest corner of Green Street and Charles Miller Road is zoned 0-1, Local Office, consisting of approximately 3.5 acres. The property is currently in the review stages for a 20,000 square foot medical office building. Staff is working with the developer of the property, together with the McHenry County Highway Division, to coordinate access onto Municipal Drive rather than Charles J. Miller Road. The developer has been before the Planning and Zoning Commission with a request for a use variance and intends to approach Council within the next four weeks. Additionally, the property directly to the west, consisting of 9.7 acres and zoned C- 3, Community Commercial, is currently in the planning stages for the development of a funeral home and mini-office center. City Administrator Assistant Martin stated that in conjunction with the proposed Plat of Dedication, Staff had Smith Engineering Consultants, Inc. prepare a proposal for engineering services for the preparation of plans and specifications for the design of Municipal Drive from Green Street to Bank Drive. The scope of work includes the '�-- preparation of engineering plans and bid documents including an opinion of probable costs. The cost of the engineering services agreement would not exceed $62,245.60. March 7, 2005 Page 6 Alderman Glab suggested prior to approval of the engineering services agreement the Parks and Recreation Committee should review the property to be dedicated. Responding to Alderman Glab's concerns regarding the configuration of the road, Robert Wegener of Smith Engineering Consultants stated the road was designed to correspond with the Concept Plan presented to Council for the joint City of McHenryNMCA recreation facility. City Administrator Maxeiner added that the curve of the road was altered at the request of McHenry Savings Bank, the property owner to the west. Elimination of the curve provides the City with more usable property. Motion by Bolger, seconded by Murgatroyd, to accept Staff s recommendation to approve an Engineering Services Agreement provided by Smith Engineering Consultants for engineering services and development of contract plans and specifications for Municipal Drive Extension, in an amount not to exceed $62,345.60. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Murgatroyd, to accept Staff s recommendation to approve a Plat of Dedication of Municipal Drive as prepared by Smith Engineering _— Consultants Inc. dated 2/9/05. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO AMEND A GRANT AND PURCHASE A LIVE SCAN SYSTEM FROM NEC SOLUTIONS Chief of Police O'Meara informed Council that in 2000-2001 the Police Department received grant funds from State Representative Jack Franks for the purchase of a number of items, including a mobile data system. During set-up and installation a variety of problems were experienced and the vendor was unable to get the system working as advertised. Consequently, the City requested and received a refund for the system from the vendor in the amount of$29,472. Chief O'Meara indicated there are restrictions, which limit what the grant funds can be used for. The "Live Scan" is an electronic fingerprint system, implemented in the State of Illinois within the past five years. The system is designed to allow law enforcement agencies to submit arrest-related fingerprints to the state bureau of investigation via electronic means. Chief O'Meara informed Council that over the past eighteen months Police Department personnel examined various Live Scan products available on the market. Following assessment of the performance of the systems examined, and factoring the cost, March 7, 2005 Page 7 Staff recommends implementation of the NEC Solutions product for the Live Scan System in the amount of$20,364.35 Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to approve: • Reallocation of Department of Commerce and Community Affairs (DCCA) grant funds to purchase a Live Scan fingerprint systems; • Waive the bidding requirements to purchase a Live Scan fingerprint system; and • Authorization for Staff to purchase a Live Scan fingerprint system from NEC Solutions, in an amount not-to-exceed $20,364.35. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low announced that School District 15's Art Festival would be held at the First Midwest Bank on Thursday, March 10, 2005 from 4:00 p.m. to 7:00 p.m. COMMITTEE REPORTS Alderman Condon provided Council with a copy of the minutes from the McHenry Area Youth Commission Board meeting. Chairman Alderman Peterson reiterated that a Parks and Recreation Committee meeting is scheduled on Wednesday, March 9, 2005 at 7:00 p.m. in the Aldermen's Conference Room. DEPARTMENT HEAD REPORTS City Administrator Maxeiner requested two Finance and Personnel Committee meetings be scheduled to discuss the 2005/2006 Budget. He suggested the dates of April 6, 2005 and April 13, 2005 at 7:00 p.m. in the Aldermen's Conference Room. Alderman Murgatroyd indicated that April 13, 2005 was not a good date for him. It was the consensus of Council to schedule a Finance and Personnel Committee meeting on Wednesday, April 6, 2005 and Tuesday, April 12, 2005 at 7:00 p.m. in the Aldermen's Conference Room to discuss 2005/2006 Budget matters. City Administrator Maxeiner requested Council return the Capital Improvement Plan (CIP) Sheets to the Administrators Office as soon as possible to facilitate incorporation of the information being accumulated in packets for 2005/2006 Budget discussion. FUTURE AGENDA ITEMS Alderman Bolger suggested Council entertain a discussion regarding additional ..� lighting on Elm Street. Responding to Alderman Peterson's inquiry regarding camera placement in the March 7, 2005 Page 8 Council Chambers, Director Marcinko stated the request for new cameras has been ..` approved and the cameras would be installed by the end of March. Alderman Glab informed Council that he has received numerous complaints from Ward 2 constituents. He noted the residents of Sandburg Drive have indicated a large amount of lose gravel being sprayed on driveways from the street. He suggested Staff prepare a list indicating the ranking of proposed roadway repairs. ADJOURNMENT Motion by Condon, seconded by Murgatroyd, to adjourn the meeting at 8:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 2leMeeting was adjourned at 8:45 p.m. MAYOR CITY CLE0(