HomeMy WebLinkAboutMinutes - 09/11/2006 - City Councili
REGULAR MEETING
SEPTEMBER 11, 2006
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, September 11, 2006 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Sant!, Glab (arrived at 7:32 p.m.),
Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in
attendance were: Assistant City Administrator Martin, City Attorney McArdle, Chief of
Police O'Meara, Deputy Clerk Kunzer, Director of Public Works Marcinko, Director of
Community Development Napolitano, Director of Parks and Recreation Merkel, Director of
Finance Black, Management Assistant for Community Relations Hobson. Absent: City
Administrator Maxeiner, City Clerk Jones.
Noting the fifth anniversary of the attacks on the World Trade Center, Pentagon,
and United Flight 93, Mayor Low requested a moment of silence prior to the Pledge of
Allegiance in honor of all of those whose lives were lost on September 11, 2001.
PUBLIC HEARING: THIRD AMENDMENT TO INLAND BUSINESS PARK ANNEXATION
AGREEMENT
Mayor Low convened the Public Hearing regarding the Third Amendment to Inland
Business Park Annexation Agreement at 7:31 p.m. and requested a motion to continue the
Hearing until September 18, 2006.
Motion by Wimmer, seconded by Condon, to continue the Public Hearing regarding
the Third Amendment to the Inland Business Park Annexation Agreement to the
'— September 18, 2006 regularly scheduled Council Meeting.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Glab.
Motion carried.
Alderman Glab arrived at 7:32 p.m.
PUBLIC HEARING: ESTABLISH SPECIAL SERVICE AREA — OAKS AT 1RISH PRAIRIE
SUBDIVISION
Mayor Low called to order a Public Hearing to solicit public comment regarding the
establishment of a Special Service Area for the Oaks at Irish Prairie at 7:33 p.m.
Director of Community Development Napolitano noted Council passed an ordinance
proposing the establishment of Special Service Area (SSA) #10 for the Oaks at Irish
Prairie Subdivision at its July 10, 2006 regularly scheduled meeting. The purpose of the
Public Hearing tonight is to solicit public comment regarding the proposed SSA. If there is
no opposition, Council will consider an ordinance adopting the SSA within sixty days of this
Public Hearing. The SSA would then be in effect sixty days following the approval of the
adoptive ordinance.
In response to Mayor Low's inquiry, there was no public comment regarding the
establishment of SSA#10.
September 11, 2006
Page 2
Motion by Murgatroyd, seconded by Schaefer, to close the Public Hearing at 7:35 �-
p.m. to solicit public comment regarding the proposed establishment of Special Service
Area#10 for the Oaks at Irish Prairie Subdivision.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Alderman Glab requested clarification regarding Consent Agenda Item B, Request
for special use/picnic permits. Director of Parks and Recreation Merkel noted the request
for special use by Happy Campers was similar to a request approved last year by Council.
The event was not a Chamber of Commerce event.
Motion by Santi, seconded by Condon, to approve the Consent Agenda as
presented:
A. Approve award of bid for purchase of Street Sweeper — EJ Equipment, in an '—
amount not-to-exceed $167,994;
B. Approve request for special use/picnic permits;
C. Approve City Council Minutes:
August 28, 2006 regularly scheduled meeting;
D. Approve list of As-Needed Checks:
ADAMS, MISSY 115.00
ALBERTSONS 171.90
AMERICA'S ACTION TERRITO 545.00
AMERICAN DEMOLITION CORP 110,000.00
BANKCARD SERVICES 1,668.90
BENEFIT SYSTEMS 6 SERVIC 23,354.83
BUSS FORD SALES 11,600.00
COOLING LANDSCAPES LLC 21,816.00
FOP UNITS I/II 2,014.00
HOME DEPOT/GECF 2,823.88
ILLINOIS APA 180.00
ILLINOIS MUNICIPAL LEAGU 185.00
ILLINOIS STATE POLICE 148.00
MCHENRY BANK 6 TRUST 990,000.00
MCHENRY COUNTY CLERK 2,837.72
MCHENRY COUNTY RECORDER 454.50
NCPERS GROUP LIFE INS. 335.00
NEXTEL COMMUNICATIONS 2,403.95
PETTY CASH FUND 1,500.00
POSTMASTER MCHENRY IL 5,076.10
SAM'S CLUB 1,522.37
SEARS COMMERCIAL ONE 183.95
SECRETARY OF STATE 80.00
SECRETARY OF STATE / POL 78.00
SECRETARY OF STATE/INDEX 10.00
UNITED PARCEL SERVICE 104.53 i
UNITED STATES LIFE INSUR 1,258.20
WALMART COMMUNITY 482.46
YOLANDAS RESTAURANT 5 CA 510.00
GRAND TOTALS 1,181,459.29
FUND TOTALS
I
September 11, 2006
Page 3
GENERAL FUND 34,988.03
DEVELOPER DONATION FUND 1 2 816.00
TIF FUND 110,000.00
' RECREATION CENTER FUND 490,000.00
WATER/SEWER FUND 1,086.43
CAPITAL DEVELOPMENT FUND 500,000.00
EMPLOYEE INSURANCE FUND 23,354.83
INFORMATION TECHNOLOGY FUND 125.00
RETAINED PERSONNEL ESCROW 69.00
TOTALS 1,181,459.29
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE — DON'S BURGERS AND DOGS, 3102 WEST ROUTE
120
In attendance was Penny Hughes of Hughes Signs, contractor for the applicant who
is seeking a variance to construct a sign at 3102 West Route 120.
Director Napolitano stated a request had been received from Don's Burgers and
Dogs located at 3102 West Route 120. The restaurant has been purchased by James
Archos who is seeking a variance to allow a free-standing sign comprised of 67 sf and 12'
in height with a 0' setback from the front property line. Director Napolitano explained the
property owner's hardship due to Illinois Department of Transportation's taking of land for
the widening of Route 120.
Director Napolitano stated Staff has reviewed the site and believes there would be
no sight line issues. Staff supports the request.
In response to Alderman Santi's inquiry, Director Napolitano indicated the sign
would be located approximately 16'from the Route 120 curb.
Alderman Glab initiated a discussion regarding the year of IDOT's taking of right-of-
way for the Route 120 expansion, particularly as it related to the recent
renovation/expansion of the restaurant located at 3102 West Route 120. Alderman Glab
contended the taking of property by IDOT should not be an issue as the land was lost prior
to the renovations of the restaurant. Staff could not confirm or deny the validity of this
statement.
Responding to Alderman Glab's inquiry, Ms. Hughes indicated the building is
setback two feet from the front property line.
Alderman Schaefer sought assurance the installation of the sign would not impair
traffic sight lines for traffic leaving neighboring establishments. Director Napolitano stated
Staff has reviewed all sight lines and finds no impediments for traffic leaving neighboring
properties nor the property in question.
Alderman Condon noted she previously had concerns regarding traffic sight lines,
but has been reassured by Staff there would be no safety concerns caused by the sign
September 11, 2006 '
Page 4
location.
Motion Santi, seconded by Schaefer, to accept Staff s recommendation to approve a
sign variance as requested by James Archos for his restaurant, Don's Burgers and Dogs
located at 3201 West Route 120, to permit a free-standing sign comprised of 67 sf, 12' in
height, to be situated with a 0' setback from the front property line.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
ORDINANCES GRANTING APPROVAL OF FINAL PLAT OF SUBDIVISION:
THE OAKS AT IRISH PRAIRIE UNIT 1
THE OAKS AT IRISH PRAIRIE UNIT 2
In attendance was Applicant Mark Field of Town and Country Homes.
Director Napolitano stated Town and Country Homes is seeking approval of the
Final Plat of Subdivision for Unit 1 comprised of t42 lots and Unit 2 comprised of 64 lots.
Director Napolitano noted due to several requests for three-car garages in the subdivision,
the Applicant has made some minor modifications to the previously approved preliminary
plat to accede to the three-car garage requests.
Director Napolitano also noted the Applicant intends to construct the extension of
Veteran's Parkway to Barreville Road in the first phase of their development of this project.
The Planning and Zoning Commission unanimously recommended approval of the final
plats at its meeting held on July 6, 2006. Staff is therefore recommending the approval of
ordinances providing for the approval of the Final Plat of The Oaks at Irish Prairie Unit 1
and the approval of the Final Plat of The Oaks at Irish Prairie Unit 2
Responding to an inquiry by Alderman Peterson, Mr. Fields stated approximately 38
lots would have three-car garages. The increased garage size would be approximately 10'
by 20'.
Alderman Condon stated the project is a unique and wonderful addition to the City.
She did express concern, however, regarding several lots which will have up to seven
different parcels abutting them. She cited lot 206. She expressed a desire for a plan which
would have fewer neighbors abutting individual lots.
Alderman Santi concurred with Alderman Condon and looks forward to Town and
Country Homes coming into the community. He noted he is pleased the extension of
Veteran's Parkway will occur during the first phase of construction.
Alderman Glab stated as the final plats are being presented piecemeal he has
difficulty in envisioning how the entire project will come together. He opined Parcel 6 is not
large enough to accommodate a community center. He also state adequate room is not
being provided for parking on this lot.
September 11, 2006
Page 5
Motion by Murgatroyd, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission to pass the following:
1. Ordinance providing for the approval of the Final Plat of The Oaks at Irish Prairie
Unit 1 prepared by Cemcon Ltd revised 8/7/06, subject to:
a. Approval of the final engineering by the City Engineer,
b. Recordation of the plat shall occur within six months of City Council approval;
2. Ordinance providing for the approval of the.Final Plat of The Oaks at Irish Prairie
Unit 2 prepared by Cemcon Ltd revised 8/18/06, subject to:
a. Approval of the final engineering by the City Engineers;
b. Recordation of the plat shall occur within six months of City Council approval.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
ORDINANCES GRANTING APPROVAL OF FINAL PLAT OF SUBDMSION:
SHAMROCK FARMS SUBDMSION NEIGHBORHOOD 6
SHAMROCK FARMS SUBDMSION NEIGHBORHOOD 7
SHAMROCK FARMS SUBDMSION NEIGHBORHOOD 8
In attendance was Scott Viger representing Applicant Kimball Hill Homes.
Director Napolitano stated Kimball Hill Homes is requesting final plat approval of
Legend Lakes Neighborhood 6, Neighborhood 7 and Neighborhood 8. He noted the
Planning and Zoning Commission reviewed the plats at its August 18, 2006 regularly
scheduled meeting and unanimously recommended their approval. Director Napolitano
noted these are the last neighborhoods to be developed by Kimball Hill Homes in
Shamrock Farms, Legend Lakes Subdivision.
Director Napolitano stated the Final Plats before Council this evening are in
substantial conformance with the approved preliminary plat of subdivision, with the
exception of the land previously designated as reserved for right-of-way of a future
collector road to Bull Valley Road from Farmstead Drive on Final Plat of Neighborhood 6.
City Engineers have determined the collector road would be unnecessary as two other
connections to the Preserves of Boone Creek are indicated on the Final Plat of
Neighborhood 6. Reservation of right-of-way outlot for the collector has therefore been
removed from the final plat. The outlot has been incorporated into the lots which abut it.
The remaining two stubs will be more than adequate to handle traffic in the area.
Director Napolitano noted final engineering has been approved. Staff recommends
approval of the ordinances providing for the approval of the Final Plats of Legend Lakes
Neighborhood 6, Neighborhood 7, and Neighborhood 8.
�. Alderman Peterson expressed concern with the removal of the collector road from
the rear of Neighborhood 6. He opined Galway Drive would not be able to handle all of the
subdivision traffic. Alderman Peterson opined the City might be creating a similar situation
September 11, 2006
Page 6
to the Kresswood Road loop through the adjacent Trails of Winding Creek Subdivision.
Director Napolitano clarified there would be no direct traffic from Galway Drive to Bull
Valley Road. Instead, Galway Drive would connect with subdivision roads in the Adams
Farm Preserves of Boone Creek. In a similar manner, Cork Lane will connect to the
Preserves of Boone Creek, but will not offer a straight through route to Bull Valley Road.
Alderman Condon stated as a personal preference she would prefer a subdivision
layout in which fewer lots would abut each other within the subdivision. A resident should
have only four immediate.neighbors, as opposed to five or six.
Alderman Glab stating removing the collector road would force people to use
Galway Drive and Cork Lane and thereby promote increased traffic through the
neighborhood. He stated the collector road should be incorporated back into the plat.
Alderman Glab noted Council reviewed the Shamrock Farms Annexation for ten or eleven
months before finally agreeing to the annexation agreement. He is not in favor of modifying
the preliminary plat which included the collector road on the east side of Neighborhood 6.
Robert Wegener, City engineer with Smith Engineering Consultants, stated the City
has recently-completed a Bull Valley Road, Miller Road access plan as a part of the
Comprehensive Traffic Plan Study. The City would like to create corridors of limited traffic
which would include Bull Valley Road. Such corridors would have limited access which
would typically be located only at signalized intersections. There would be no additional
curb cuts on Bull Valley Road. A lengthy discussion followed regarding the pros and cons
of extending a collector road from Shamrock Farm Neighborhood 6 to Bull Valley Road.
Alderman Schaefer expressed concern regarding the removal of the collector road
as well. He opined he is not comfortable approving Neighborhood 6 Final Plat without
seeing the larger picture of how the Preserves of Boone Creek will blend into it.
City Attorney McArdle suggested Galway Drive could be dead ended which would
avoid pumping more traffic into the neighboring subdivision.
Alderman Murgatroyd suggested the matter could be sent to committee for further
review and to assure that the two subdivisions (i.e. Shamrock Farms Neighborhood 6 and
Preserves of Boone Creek) will dovetail appropriately together.
Mr. Viger addressed Council stating the collector road was removed from the plat at .
Staffs direction. The road was removed at the City's request. He stated time is of the
essence. Kimball Hill Homes would like to begin moving dirt in this phase of their
development as soon as possible. He noted he will accede to Council's wishes but would
prefer action be taken regarding the approval of Neighborhoods 6, 7 and 8 as soon as
possible. Further discussion continued.
Mayor Low suggested Council could act on the approval of Neighborhoods 7 and 8 ;
this evening and postpone any action on Neighborhood 6 until the next Council Meeting on
Monday, September 18, 2006. The postponement would afford Staff an opportunity to
clarify how Shamrock Farms Neighborhood 6 and The Preserves of Boone Creek would
September 11, 2006
Page 7
dovetail. Discussion continued. Suggestion was made to act on the approval of Shamrock
Farms Neighborhoods 7 and 8 this evening and to allow a mass grading permit for
Neighborhood 6. Final Plat of Neighborhood 6 will be brought back to Council for action on
September 18, 2006.
Motion by Murgatroyd, seconded by Wimmer, to authorize a mass grading permit for
Shamrock Farms Neighborhood 6, and to accept the unanimous recommendation of the
Planning and Zoning Commission to:
1. Pass an ordinance granting approval of the Final Plat of Shamrock Farms
Neighborhood 7 prepared by Manhard Consulting last revised 11/23/04, subject to:
a. Final engineering approval;
b. Recordation of the Final Plat within six months of Council approval;
c. No building permits shall be issued until completion of the South Wastewater
Treatment Plant expansion;
2. Pass an ordinance granting approval of the Final Plat of Shamrock Farms
Neighborhood 8 prepared by Manhard Consulting last revised 11/23/04, subject to:
a. Final engineering approval;
b. Recordation of the Final Plat within six months of Council approval;
c. No building permits shall be issued until completion of the South Wastewater
Treatment Plant expansion.
Voting Ayer Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
.... Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT FOR DESIGN OF WATER TREATMENT
PLANT NO. 5 — SMITH ENGINEERING CONSULTANTS (SEC) IN AN AMOUNT NOT-
TO-EXCEED $346,700.
. Director of Public Works Marcinko stated Smith Engineering Consultants (SEC) has
submitted an Engineering Services Agreement for the design of Water Treatment Plant
No. 5. The Agreement includes preparation of engineering plans and specifications, as
well as bidding services for this project. Director Marcinko noted the not-to-exceed amount
of the Agreement is $346,700 which would be paid through Capital Development Fees as
the expansion of the system is being done to accommodate growth. Staff recommends
approval of the Agreement as submitted.
Assistant Administrator Martin noted the current estimated construction cost is
$3.71 million with a total project cost of.$4.35 million.
Responding to Alderman Schaefer's inquiry, Director Marcinko stated the project
would be funded through Capital Development Fees.
Alderman Murgatroyd noted the project would be more costly largely due to the fact
�. that the City now has a deep well and it costs more to treat water from a deep well due to
the presence of radium and barium.
September 11, 2006
Page 8
Alderman Peterson inquired if Staff is comfortable with the proposed labor costs -�
contained in the Agreement. Director Marcinko acknowledged this is correct.
Alderman Glab stated once again the Engineering Service Agreement proposed by
Smith Engineering is for 8% of the project cost. He opined this figure is high. Mr. Wegener
stated this would be a unique plant due to deep well issues. The plant designed will be
very site specific.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to enter
into an Engineering Services Agreement with Smith Engineering Consultants in an amount
not-to-exceed $346,700 for the design of Water Treatment Plan No 5.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT FOR DESIGN OF GREEN STREET WATER
MAIN REPLACEMENT - SMITH ENGINEERING CONSULTANTS ISEC), IN AN
AMOUNT NOT-TO-EXCEED $40,560.15
Mayor Low announced the agenda item to consider an Engineering Services
Agreement for the design of the Green Street Water Main Replacement with Smith �--
Engineering Consultants in the amount not-to-exceed $40,560.15 has been pulled from
this evening's agenda and will be considered at a future Council meeting.
ENGINEERING SERVICES AGREEMENT FOR DESIGN OF BARREVILLE ROAD
WATER MAIN EXTENSION - SMITH ENGINEERING CONSULTANTS (SECT. IN AN
AMOUNT NOT-TO-EXCEED $30,200.35
Director Marcinko noted the City's master plan indicates extension of the City's
water main from the intersection of Green Street and Charles Miller Road to the north end
of Pebble Creek Subdivision is desirable. Currently water in the Pebble Creek is provided
through a single looped connection which results in numerous water quality complaints.
Extension of the City's main from the north would greatly increase water quality in this
subdivision.
Director Marcinko stated the Engineering Services Agreement as submitted by
Smith Engineering Consultants before Council for consideration this evening is for the
design of the Barreville Road water main extension in an amount not-to-exceed
$30,200.25. Staff recommends approval to enter into the Agreement with Smith
Engineering Consultants.
Responding to Alderman Santi's inquiry, Director Marcinko stated the project would
be put out for bid.
In response to question by Alderman Peterson, Director Marcinko stated the water
main would be extended to the south. The developer of the Oaks of Irish Prairie would
then extend the 12" main from the intersection of Biscayne and Barreville Road south to
September 11, 2006
Page 9
the intersection of Veterans Parkway and Barreville Road.
Motion by Condon, seconded by Santi, to accept Staffs recommendation to enter
into an Engineering Services Agreement with Smith Engineering Consultants for the
design of the Barreville Road water main extension in an amount not-to-exceed
$30,200.35.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low expressed her appreciation to the McHenry Police Department Officers
and the McHenry Township Fire Protection District Firemen, EMT's and Paramedics for
their faithfulness and service to their community. She suggested September 11 cn is a date
to remember not only those who have given their life in the line of duty, but also to express
deep appreciation and gratitude to those who choose to put their-lives on the line daily to
protect our community.
Mayor Low thanked all who participated in and attended the memorial ceremony this
morning at Veterans Memorial Park.
COMMITTEE REPORTS
Public Works Committee Chairman Alderman Wimmer announced a committee
meeting is tentatively scheduled for Monday, September 18, 2006 at 6:30 p.m. in the
Aldermen's Conference Room. He requested all committee members contact
Administration to advise of their availability on this date.
Parks and Committee Chairman Alderman Peterson reminded Council a committee
meeting is scheduled for Wednesday, September 13, 2006 at 7 p.m. in the Aldermen's
Conference Room.
Finance and Personnel Committee Chairman Alderman Murgatroyd announced a
committee meeting has been tentatively scheduled for Monday, September 18, 2006 or
Monday, September 25, 2006 in the Aldermen's Conference Room. He requested all
committee members contact Administration to advise of their availability on these dates.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Glab requested Staff once again address real estate and advertising
signs which are rapidly reappearing in the City's rights-of-way.
ti
September 11, 2006
Page 10
ADJOURNMENT
Motion by Condon, seconded by Wimmer, to adjourn the meeting at 8:28 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:28 p.m.
.�a�•-� ter' � ,C
MAYOR DEPUTY CITY CLERK