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HomeMy WebLinkAboutMinutes - 02/14/2005 - City Council REGULAR MEETING FEBRUARY 14, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 14, 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 Cahill, Director of Public Works Marcinko, Director of Finance Kline, Director of Community Development Napolitano, Community Relations Management Assistant Hobson, City Administrator Assistant Martin. Absent: City Attorney McArdle, Chief of Police O'Meara and 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 Alderman Condon requested Item A, Ordinance granting a Conditional Use Permit and Variances for the property located at 4112 West Elm Street, be pulled from the Consent Agenda for further discussion. Motion by Wimmer, seconded by Condon, to approve the Consent Agenda, as amended: B. 2005/2006 Lease Agreement with D's Marine Service for 3302 West Waukegan Road; C. Motor Fuel Tax Resolutions appropriating funds for Rock Salt Purchase; D. Request for connection to Police Alarm Panel -4201 Medical Center Drive; E. City Council Minutes: a. January 31, 2005 Regularly Scheduled Meeting; F. List of As-Needed Checks: AF'LAC 1,786.00 APKA 90.00 BENEFIT SYSTEMS G SERVIC 21,009.56 FEDERAL SIGNAL CORPORATI 9,300.00 FIRST MIDWEST BANK 2,812.03 FOP UNITS I/II 1,716.00 GLUTH BROS CONSTRUCTION 5,538.20 HERITAGE TITLE COMPANY 50,461.00 HOME DEPOT/GECF 199.80 ILLINOIS DEPARTMENT OF P 780.00 ILLINOIS DIRECTOR OF 1,538.00 INTERNAL REVENUE SERVICE 37.60 ISTHA 101.90 LET ME ARRANGE IT INC 495.00 MANUSOS GENERAL CONTRACT 47,257.40 MCHENRY COMMUNITY HIGH S 132,564.60 MCHENRY COMMUNITY SCHOOL 246,191.40 MCHENRY PUBLIC LIBRARY 40,995.00 MCHENRY TOWNSHIP FIRE PR 38,843.00 NATIONAL.GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 279.00 NEXTEL COMMUNICATIONS 2,071.93 PETTY CASH FUND 199.73 POSTMASTER MCHENRY IL 709.93 SAM'S CLUB 269.04 SBC LONG DISTANCE 44.21 �r SECRETARY OF STATE / POL 143.00 SECRETARY OF STATE/INDEX 10.00 SEVERN TRENT PIPELINE SE 436.25 SSMG 91.80 UNITED PARCEL SERVICE 162.47 February 14, 2005 Page 2 UNITED STATES LIFE INSUR 1,185.30 ^� VELEZ, JENNIFER 376.00 WALMART COMMUNITY BRC 55.70 GRAND TOTALS 607,954.68 FUND TOTALS GENERAL FUND 14,968.26 DEVELOPER DONATION FUND 458,594.00 CAPITAL IMPROVEMENTS FUND 9,300.00 WATER/SEWER FUND 56,825.46 UTILITY IMPROVEMENTS FUND 47,257.40 EMPLOYEE INSURANCE FUND 21,009.56 TOTALS 607,954.68 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon, Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM A: ORDINANCE GRANTING CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW A DRIVE-THRU FACILITY FOR THE NEW TACO BELLILONG JOHN SILVERS RESTAURANT -4112 WEST ELM STREET Alderman Condon opined an escape lane should be provided for the drive-thru lane. Motion by Wimmer, seconded by Murgatroyd, to approve and authorize the Mayor's execution of an ordinance granting the following: • Conditional Use Permit to allow a drive-thru restaurant at 4112 West Elm Street; • Variance from Tables 14 and 15 to waive the requirement for parking lot screening strips; • Variance from Table 13 reducing the number of require parking spaces from 51 to 35. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: Condon. Absent: None. Motion carried. REQUEST TO CONNECT TO MUNICIPAL SANITARY SEWER SYSTEM — 1908 ORCHARD BEACH ROAD Director of Community Development Napolitano informed Council Applicants, Dave and Laura Wutzen, residents of the property located at 1908 Orchard Beach Road, are seeking to connect their property to the City's municipal sanitary sewer system. Director Napolitano stated Staff has no concerns with the request, which is similar to other recent requests for connection to the City's sewer system. He noted the property _ immediately to the south, 1906 Orchard Beach Road, received approval to connect in January 2004. The City has previously permitted property to hook-up to the City's sanitary sewer system upon payment of non-resident fees and with the requirement that the property be annexed to the City within 90 days of becoming contiguous. February 14, 2005 Page 3 Responding to an inquiry, Director Napolitano informed Council this is the fifth request received from a resident of this subdivision. He stated Staff would like to provide a letter to the residents of the subdivision in an effort to research how the Orchard Beach Subdivision residents feel towards annexation and hook-up to the City's facilities. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to approve a request for connection to the municipal sanitary sewer system, at 1908 Orchard Beach Road, subject to: • Payment of the required connection and Capital Development Fees for non- residents; and • The property being annexed to the City of McHenry within 90 days after becoming contiguous to the City of McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, wmmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION: PROPOSED AMENDMENT TO LINCOLN HILLS ANNEXATION AGREEMENT Director Napolitano reiterated to Council that in November 2003, the City authorized the annexation and subdivision of an 18.7-acre parcel located on the north side of Lincoln Road, south of the Liberty Trails Subdivision. The parcel of property, known as the Lincoln Hills Subdivision, was approved for 36 lots with RS-2 zoning. Director Napolitano informed Council that Applicants Raymond R. Walls and Linda S. Walls have spent the last year trying to resolve engineering and road construction issues associated with the development of the subdivision. Due to unanticipated costs required to construct westbound turn lane improvements from Lincoln Road to Hilltop0 Road, the Applicants are requesting Council amend the Annexation Agreement to allow an increase of the number of lots in the subdivision from 36 to 37. Director Napolitano noted Lincoln Road currently has two lanes across the frontage of the subject property. The City has recommended the following road improvements be constructed for the subdivision: • Hillside Road, two southbound lanes; right turn onto eastbound Lincoln Road; thru/left turn onto west bound Lincoln Road; • Lincoln Road, east bound left turn lane into the subdivision; • Lincoln Road, east bound right turn lane into the subdivision; and • Lincoln Road, west bound left turn lane into Eastwood Manor. Director Napolitano stated the Applicants have concurred with the first three improvements; however, adding the westbound left turn lane into Eastwood Manor, with the required taper length, greatly increases the cost of public improvements and reduces '�-- the feasibility of the project. The subdivision gains no benefit from having a left turn lane into Eastwood Manor. Because the subdivision is relatively small, the Applicants indicate they are unable to absorb the cost. The Applicants contend that allowing an additional lot February 14, 2005 Page 4 would offset the cost of the additional improvement. Director Napolitano indicated Staff is not opposed to allowing the additional lot as it has little impact on the overall design and layout of the subdivision. He noted the road improvements required with this development are significant and provide benefits to two other subdivisions, Liberty Trails and Eastwood Manor. The proposed road improvements provide safer intersections in the Lincoln Hills Subdivision development. Staff supports the request as it would be in the City's best interest to have the subdivision constructed. Director Napolitano stated if Council agrees to the amendment to the Annexation Agreement, a Public Hearing would be scheduled and the necessary documents prepared. Motion by Glab, seconded by Wimmer, to direct Staff to schedule a Public Hearing and prepare the necessary documents for an amendment to the Lincoln Hills Annexation Agreement. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION: PROPOSED AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE Director Napolitano informed Council the City has recently considered single-family development having lot sizes with a minimum of 9,000 square feet, such as Adams Farm and Patriot Estates. Currently the City is unable to approve RS-3 zoning, which is Medium High Density Single-Family Residential District, 9,000 square feet of minimum lot size, as an amendment was drafted in 1991 removing the RS-3 designation from the Zoning Ordinance to stop the proliferation of subdivisions containing minimum lot sizes of 9,000 square feet. Director Napolitano stated the Planning and Zoning Commission discussed the matter at a Public Hearing held on February 3, 2005. Overall, the Commission expressed concern regarding lifting the moratorium and opening all future development to RS-3 zoning. However, they expressed there might be certain instances where RS-3 zoning would be appropriate, such as in senior housing developments or a cluster developments. The Planning and Zoning Commission indicated the new Integrated Design District (IDD) is an appropriate way to handle senior housing development or cluster development projects. The Planning and Zoning Commission made a motion to approve a zoning text amendment to change the purpose of the RS-3 District to allow new development to be zoned RS-3. The motion failed by a vote of 1-5. Staff believes RS-3 zoning would permit the developer to be more creative in subdivision design and allow additional amenities and open space to be incorporated into a plan. It was opined that since the majority of all new residential development would occur through annexation, the City would have better leverage to control aspects of the February 14, 2005 Page 5 development such as density, design, aesthetics and landscaping. Staff recommends the purpose of the RS-3 District be changed to permit classification of new development to RS- 3. Alderman Peterson stated he supports consideration of each developer's request for RS-3 Zoning on a case-by-case basis. Alderman Condon expressed concern that developers might assume with implementation of RS-3 Zoning, Council is amenable to smaller lot sizes. She stated she is in favor of moving forward cautiously. Mayor Low indicated she supports Staffs recommendation. In particular, she favors providing developers with a tool to be more creative. Motion by Bolger, seconded by Wimmer, after reviewing concerns expressed by the Planning and Zoning Commission at its February 3, 2005 Public Hearing, to accept Staffs recommendation, and to direct Staff to prepare an ordinance granting a zoning text amendment changing the purpose of the RS-3 Medium High Density Single-Family Residential Zoning District and thereby lifting the moratorium approved in 1991. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wmmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REVISED CONCEPT PLAN FOR PATRIOT ESTATES DEVELOPMENT AND REVISED AMENDMENT TO INLAND BUSINESS PARK ANNEXATION AGREEMENT Director Napolitano addressed Council stating Applicant Brian Cunat of Cunat Inc. owner and developer of Patriot Estates has addressed the following concerns expressed by Council at its January 17, 2005 meeting: • Thirteen off-street parking spaces have been added to the townhouse portion of the development; • The proposed amenities have been indicated on the Concept Plan; • The buffer from the townhomes to the railroad tracks has been increased by 10 feet; • All the 5-unit townhome buildings have been removed from the Concept Plan; • One 4-unit townhome building has been added to the Concept Plan, increasing the number of townhomes and the total number of dwelling units by 1; • The land donation to the Church of Holy Apostles has been increased by 1.3 acres, from 14.2 acres to 15.5 acres; • The single-family lot sizes have been reduced to 9,000 square feet, RS-3 zoning; and • The landscape easements have been removed from the individual lots and added to the rear of the lots. Director Napolitano stated Staff believes the changes to the Concept Plan address the issues previously expressed by Council. Staff recommends approval of the Concept Plan as presented. February 14, 2005 Page 6 Mr. Brian Cunat was in attendance and offered to respond to any comments or "�-- questions from Council. Mayor Low recognized a letter from Father Robert Sherry of Church of the Holy Apostles, indicating support for the development project. Alderman Condon expressed continuing concerns regarding the private road. She suggested moving forward cautiously with the project. Responding to Alderman Murgatroyd's inquiry, Director Napolitano stated the private roads in the development would require construction according to City standards, with the exception of the installation of speed bumps. Alderman Wimmer expressed continued concerns that only one access exists for ingress and egress to the subdivision. Mr. Cunat stated the ingress/egress issue was reviewed by Staff and meets with the City's engineer's approval. Alderman Glab stated he continues to have concerns regarding density and transportation issues. Mayor Low stated she supports the project's benefits to the entire community. She had no issues with the density. Mayor Low stated the assurance that the private road would be built according to City specifications alleviated her concerns regarding the matter. Responding to Alderman Murgatroyd's inquiry regarding build-out of the project, Mr. Cunat stated the build-out has yet to be determined. Patriot Estates anticipates a 5-year build-out, however currently they are restricted as they await the expected expansion of the South Wastewater Treatment Plant. Responding to Alderman Peterson's request, Director Napolitano assured Council he would provide information regarding proximity of the railroad tracks to the existing Kresswood development in the Friday Report. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to accept the Concept Plan for Patriot Estates prepared by Teska and Associates, dated January 24, 2005, and to direct Staff to prepare the following: • An ordinance authorizing the Second Amendment to the Inland Business Park Annexation Agreement, dated January 24, 2005, as presented; • An ordinance authorizing a map amendment to RS-3 Medium High Density Single Family Residential District and variances for Patriot Estates Subdivision; o subject to the preliminary plat and preliminary engineering being in substantial conformance with the Concept Plan. _ and to authorize the Mayor and Clerk's execution of all pertinent documents. February 14, 2005 Page 7 Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION OF HUNTERVILLE PARK SUBDIVISION WATER/SANITARY SEWER EXTENSION PROJECT— BAXTER AND WOODMAN Director of Public Works Marcinko reiterated that on January 31, 2005 Council awarded a construction contract to Thelen Sand and Gravel, Inc. for construction of the Hunterville Park Subdivision sanitary sewer and water mains. Director Marcinko informed Council that due to the complexity of the project and the variety of skills necessary to perform construction services on a day-today basis, Staff recommends a full-time onsite Resident Project Representative be employed to observe the contractor's work ensuring it. conforms to the approved design documents. City Engineers Baxter and Woodman, have submitted an Engineering Services Agreement for construction observation of the Hunterville Park Subdivision sewer and water main, in an amount not-to-exceed $104,000. Director Marcinko assured Council the fee of $104,000, approximately 8% of the $1,290,721.10 construction cost, is well within the typical fee for this size project and type of construction. Alderman Bolger opined that the amount is excessive, suggesting Staff attend to the --" onsite observation during construction. Director Marcinko stated Staff does not have a full- time employee onsite with the required expertise to address the complexities of the project. Responding to Alderman Peterson's inquiry, Director Marcinko stated the project's proposed completion date is the end of August 2005. Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to approve and authorize the Mayor's execution of an Engineering Services Agreement with Baxter and Woodman for observation of the Hunterville Park Subdivision sanitary sewer and water main construction project, in an amount not-to-exceed $104,000, Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. Motion carried. UPDATE TO EMPLOYEE COMPENSATION PLAN City Administrator Maxeiner informed Council that in the fall of 2001 Staff prepared a Comprehensive Compensation Study to correct a number of inequities regarding the compensation plan for non-contract employees. Specifically, the study identified market based salary ranges, adjusted the ranges based on an analysis of internal equity, and `�- created a new classification system and compensation plan for all non-contract employees, including department heads and the City Administrator. Included in the Study's recommendations was a suggestion to update the study every three to four years to keep February 14, 2005 Page S the plan current. City Administrator Maxeiner indicated certain employee groups have initiated discussions with administration regarding compensation. Their concerns center on the fact that negotiated contracts have resulted in larger salary increases for contract employees, while adjustments to the non-contract pay scales have been adjusted by a much smaller rate of inflation. City Administrator Maxeiner outlined the various job classifications and corresponding grades in the compensation plan, highlighting the adjustments. He noted the recommendation that Street Division Crew leader and Parks Maintenance Crew leader positions be changed to exempt status. City Administrator Maxeiner stated no budget amendment would be necessary, as salary savings from vacant positions would offset the increase for the current fiscal year. Motion by Murgatroyd, seconded by Wimmer, to accept the recommendation of the Finance and Personnel Committee to approve updates to the City of McHenry Compensation Plan, effective March 1, 2005, as follows: Current Grade Position Title Proposed Grade 21 Assist City Administrator 22 , 21 Deputy Chief 22 19 Assist Director Public Works 20 18 Sergeant 19 17 Water Superintendent 19 17 Wastewater Superintendent 19 15 Bldg and Zoning Superintendent 16 13 City Planner 15 10 Engineering Inspector 12 and to including changing the positions of Street Division crew leader and Parks Maintenance crew leader to exempt status. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low had no statement or report. COMMITTEE REPORTS Chairman Alderman Murgatroyd informed Council a Finance and Personnel Committee meeting is scheduled for Monday, February 21, 2005 at 7:00 p.m. in the Aldermen's Conference Room. The City's external auditors will make a presentation. February 14, 2005 Page 9 _ DEPARTMENT HEAD REPORTS City Administrator Maxeiner noting staff vacancies at the dais informed Council that Chief O'Meara is studying for the bar exam, Director of Finance Kline is ill and Director of Parks and Recreation is on vacation. FUTURE AGENDA ITEMS No future agenda items were discussed. ADJOURNMENT Motion by Condon, seconded by Peterson, to adjourn the meeting at 9:05 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:05 p.m. MAYOR TY R