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HomeMy WebLinkAboutMinutes - 08/28/2006 - City Council r$ REGULAR MEETING AUGUST 28, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 28, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Chief of Police O'Meara, City Clerk Jones, 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:Assistant City Administrator Martin. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Murgatroyd, seconded by Schaefer, to approve the Consent Agenda as presented: A. Approve final payment for McHenry Shores Streambank Stabilization Project to Cooling Landscape Contracting in the amount of $21,960 with a 10%. retainage to be held pending final inspection of rock revetment work in the fall; B. Approve final pay request for rehabilitation of Wells No. 2 and 3 to Midwest Well Service Inc.; C. Approve Ordinance authorizing sale by auction of surplus municipal property and Agreement with McHenry County Council of Governments as auction agent; D. Approve Picnic/Special Use Permits; E. Approve Block Party requests: 1. Dennis and Amy Whiteside, Winding Creek Subdivision; 2. Gina Bilinski, Trails of Winding Creek Subdivision; F. Approve City Council Minutes: August 7, 2006 regularly scheduled meeting; August 14, 2996 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR ZONING MAP AMENDMENT AND VARIANCE FROM OAKRIDGE DEVELOPMENT FOR PROPERTY LOCATED AT NORTHEAST CORNER OF PEARL STREET AND NORTH ROUTE 31 Director of Community Development Napolitano stated the Applicant Oakridge Development is requesting zoning map amendment from C4 Downtown Commercial and RS-4 High Density Residential to C3 Community Commercial for the property located at the northeast corner of the intersection of Pearl Street and Richmond Road. The Applicant is also seeking a variance to eliminate the required 5-foot residential screening strip adjacent to the alley access. The Applicant is proposing a 14,000 square foot strip mail on August 28, 2006 Page 2 the premises which would be anchored by a Cardinal Fitness Center. The Applicant �. presented the proposal before the Planning and Zoning Commission at a Public Hearing held on August 3, 2006, The Commission unanimously recommended approval of the request. Director Napolitano noted the Applicant is also requesting that the City consider vacating the 20 foot wide alley which exists along the north property line. If the alley is vacated, access to Route 31 would be closed and access to two residential properties abutting the alley would be provided by an •access easement running through the Applicant's site. In attendance representing the Applicant were Timothy Schwartz and Timothy Billimack of Oakridge Properties, and John Swierk of Direct Design. Mr. Billimack outlined the site plan and features of the proposed strip mall. He noted the building would face Pearl Street and would be approximately 14,000 square feet in area. Sidewalks would be provided. A ten foot bike path would be located along Pearl Street. The Applicant has agreed to dedicate a 10 foot right-of-way for expansion of Route 31. Mr. Swierk indicated highlights of the building's architecture and noted it would be constructed of 100% masonry. Mr. Billimack presented the landscape plan and informed Council of prospective tenants of the site. Alderman Glab requested clarification regarding procedures and number of motions required. City Attorney McArdle clarified the procedures. Alderman Murgatroyd requested explanation of the need for a vacation of the alley. Director Napolitano explained there is currently a 20-foot wide alley owned by the City. If Council approved its vacation, ten feet would go to the applicant and ten feet would go to the adjacent property owners. City Attorney McArdle clarified the approval process for vacation of the City's alley. Alderman Murgatroyd inquired if a traffic study had been done regarding this project. Mr. Schwartz responded no traffic impact study has been done. He stated at peak times, such as on Saturday morning, there would likely be 30-35 trips per hour for the health center, and 25-30 additional trips during peak travel times due to the other uses in the strip mall. Alderman Murgatroyd inquired what road improvements would be needed for Pearl Street. Director Napolitano indicated none would be required. Alderman Murgatroyd noted his greatest concern is the amount of traffic the proposed development would generate on Pearl Street. He questioned the location of this development unless traffic issues are resolved. Mr. Billimack stated market research has indicated the site would be a good location for a successful project. Research has indicated the true impact would be less than 1'/;z% of the current traffic volume. t August 28, 2006 Page 3 Alderman Murgatroyd continued to express concerns regarding traffic impact due to } the project. He opined the property will ultimately be developed, but it is not appropriate at this time. Alderman. Wimmer concurred with Alderman Murgatroyd. He stated this is not the right site .for this project. He noted the building style was too contemporary for the neighborhood. Alderman Peterson agreed that traffic is. an issue. He also expressed concern regarding the noise factor in the neighborhood. Mr. Billimack stated the commercial units would generate approximately the same amount of noise as a residential.unit. Responding to an inquiry regarding the location of HVAC units on the building, Mr. Billimack stated there would be approximately nine units located on the roof. Alderman Peterson concurred with Aldermen Murgatroyd and Wimmer regarding the use being inappropriate in the proposed location. Alderman Condon requested clarification between C3 and C4 commercial zoning. Director Napolitano explained the difference relates largely to bulk area requirements such as lot size, floor area ratio, amount of street frontage, and setbacks, in addition to parking requirements. He stated there are no parking and no setback requirements in the C4 district. Alderman Condon concurred with Aldermen Peterson, Murgatroyd and Wimmer. She stated she admires the architecture of the building and the proposed screening of rooftop HVAC units. She explained she would love to see this development, but in another location. She expressed concerns regarding the safety of children walking in the vicinity of the shopping center. Alderman Condon encouraged the developer to work with Staff to find another location for this project. Alderman Santi opined this is a good development, but this is not a good spot for this project. He stated he agrees with his fellow Aldermen regarding the negative impact such a development would have on the aesthetics of the area. He also expressed concern regarding traffic issues. Alderman Glab questioned the Comprehensive Plan designation for this property. Director Napolitano responded the plan indicates medium density residential for this property. Alderman Glab stated he cannot support this project. He stated the proposed use is not appropriate for the neighborhood. The proposed use is too intense for this area. Alderman Glab also stated he does not support the developer's request to alter the Comprehensive Plan designation. Alderman Schaefer concurred with the other Aldermen, noting his constituents have been passionate yet professional while expressing their opinions regarding how this property should be developed. He pointed out they have expressed concem regarding traffic issues, building design not blending in the neighborhood, and children's safety. -�- Mr. Schwartz responded, stating the traffic issue is not.Pearl Street but State Route 31. He disputed that 60-65 cars would not have a great impact on traffic in the area. He stated he does not believe that many vehicles would be turning left into the development. August 28, 2006 Page 4 He noted the First Midwest Bank owns the property, not Oakridge Development. Mr. Schwartz stated he understands the concerns expressed regarding the character of the neighborhood. The developers have tried to maintain quality of design and landscaping to fit the building into the neighborhood. Alderman Condon took .offense that the developer is attempting to dictate what is appropriate for the community. She spoke strongly on behalf of the community and its ability to determine what is best for its future. Mayor Low recognized Ward 3 representative Mary Kay Welter who spoke on behalf of those present from the community. Ms. Welter read into the record a letter of objection to the project. She cited City appearance, lack of blending with old residential neighborhoods, traffic concerns, and maintaining property values of existing residences, as concerns expressed by those in attendance at this evening's meeting. Mr. Swierk responded, noting he is familiar with the intersection and existing traffic issues. He noted the property is currently zoned C4 Downtown Commercial. Mr. Swierk stated the existing C4 zoning would allow construction of a much larger building up to the property lines with no parking requirements. The developer has proposed to downzone the property to C3 Neighborhood Commercial in order to accommodate the unique characteristics of the area. Alderman Glab stated the building design is not appropriate for an older neighborhood in the City. Motion by Murgatroyd, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission and to direct Staff to prepare an ordinance granting a zoning map amendment from C4 Downtown Commercial and RS-4 High Density Residential to C3 Community Commercial; and granting a variance to eliminate the required five-foot residential screening strip adjacent to the alley access of the property located at the northeast comer of the intersection of Pearl Street and Richmond Road. Voting Aye: None. Voting Nay: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Motion failed. APPROVE REQUEST TO ADVERTISE FOR BIDS FOR INSTALLATION OF HOLIDAY LIGHTING IN VETERANS MEMORIAL PARK Management Assistant for Community Relations Hobson stated last year Council approved holiday seasonal lighting of Veterans Memorial Park. The City contracted with a firm to illuminate the park. Management Assistant Hobson noted the City was able to light more and larger trees by hiring a private contractor. Staff is requesting authorization to advertise for bids for the holiday lighting of Veterans Memorial Park this year. This year's budget includes $23,000 for this purpose. I August 28, 2006 Page 5 Alderman Condon noted the park looked great Last year. Alderman Peterson stated the park looked good, but it is a park, and does-not do much for the business district. He opined the cost to illuminate the park is excessive. Mayor Low respectfully disagreed. She noted business owners felt decorating Veterans Memorial Park was. an enhancement. Alderman Glab concurred, noting the illuminated park enhances the area Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to approve the request to advertise for bids for the installation of holiday lighting in Veterans Memorial Park. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR VARIANCE FOR REAL ESTATE SIGN LOCATED AT THE NORTHWEST CORNER OF ROUTE 31 AND BULL VALLEY ROAD - PACINI GROUP LLC Director Napolitano stated the Pacini Group has requested a variance to allow use of the existing sign board located at the northwest comer of the intersection of Route 31 and Bull Valley Road. Previously, the sign had been used for off-site advertising of Pacini's Kresswood Trails Townhomes. At this time, the Pacinis are seeking permission to use the sign to advertise.the availability of the property on which the sign is situated. The size of the sign is approximately 8' by W (128 sf) and is double-sided. As the City's sign ordinance permits a real estate sign of no more than 32 sf, a variance is required. Director Napolitano stated Staff supports the request. Aldermen Glab and Schaefer concurred with Staffs recommendation. Alderman Murgatroyd inquired if this would be an effective way to market a parcel of property of this size. Director Napolitano responded this is one way, but there are others. Alderman Murgatroyd inquired if the variance would be for a limited period of time: Director Napolitano stated Staff is not recommending a time limitation. He noted typically there are no limitations on real estate signs. Alderman Peterson stated he would prefer a specific time frame for the variance. City Attorney McArdle stated it would be difficult to revoke the variance without a time frame being established. Some discussion followed regarding a proposed time frame/limitation on the sign' variation. Alderman Santi concurred a time frame should be included in the granting of the "1-- variance. Alderman Condon expressed concern if there is no time frame limitation for the sign to remain. She stated. she would support a two-year time frame. Alderman Glab suggested the variance be granted for three years, but that the position of the sign remain August 28, 2006 Page 6 the same. He noted the applicant should have to come back to Council for approval in three years. It was the consensus that a three-year term be considered, subject to the sign remaining in the same location for the entire period. Motion by Santi, seconded by Peterson, to accept Staffs recommendation to approve a sign variance to Pacini Group LLC to allow an 8' by 16' (128 sf) real estate sign on their property located at the northwest comer of the intersection of Route 31 and Bull Valley Road, subject to the following: 1. the matter will be subject to review and Council approval every three years; 2. the sign standard shall remain in the same location for the duration of the variance. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE PROPOSAL TO RELOCATE TELECOMMUNICATIONS INFRASTRUCTURE FOR MUNICIPAL DRIVE PROJECT — AT&T. IN AN AMOUNT NOT-TO-EXCEED $16,043.80 Director of Public Works Marcinko stated Council, at its July 31, 2006 meeting, awarded the contract for Municipal Drive Improvements to Berger Excavating Contractors. Plans were distributed to all utility companies for review and comment prior to actual construction. During a preconstruction meeting AT&T informed Staff that existing telecommunication lines were in the path of the proposed roadway. AT&T has submitted a proposal to relocate the lines in the amount of $16,043.80. Staff recommends accepting the proposal in order to move forward on the Municipal Drive Improvements Project. Motion by Murgatroyd, seconded by Peterson, to accept Staff s recommendation to approve the AT&T proposal to relocate telecommunication infrastructure in conflict with the Municipal Drive Improvements Project in an amount not-to-exceed $16,043.80. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ENGINEERING SERVICES AGREEMENT FOR DESIGN OF THE SOUTH WASTEWATER TREATMENT PLANT EXPANSION — SMITH ENGINEERING IN AN AMOUNT NOT-TO-EXCEED $1,616,000 . City Administrator Maxeiner noted the proposed Engineering Services Agreement for the design of the South Wastewater Treatment Plant (SWWTP) Expansion was discussed at length at Council's August 7, 2006 regularly scheduled meeting. Two issues were raised requiring Staff clarification and direction by Council City Administrator Maxeiner stated the first issue -does Council want to increase the SWWTP expansion from a 4.0 mgd to a 4.77 mgd for an estimated increase in cost of August 28, 2006 Page 7 approximately$2.0 million. Staff believes the 4.0 mgd facility is adequate. The second issue - Is Council interested in a "not-to-exceed" contract or a "lump sum" contract for the design of the facility. City Administrator Maxeiner noted Council has traditionally gone with the not-to-exceed approach and Staff would recommend the same in this instance. City Administrator Maxeiner noted the Agreement cost represents 8.9% of the project cost and 7% of the future.value of the SVWWTP. City Administrator Maxeiner stated it is Staffs recommendation to approve the Engineering Services Agreement in an amount not-to-exceed $1,615,000 for engineering design services for a 4.0 mgd expansion of the SWWTP and.for decommissioning services for the Central Wastewater Treatment Plant (CWWTP). Responding to Alderman Murgatroyd's inquiry, City Engineer Robert Wegener of Smith Engineering Consultants (SEC) stated the pumping station is not included in the expansion. It would be included at a later date. Mr. Wegener stated one variable is the cost of the environmental factors relating to the design. He noted other variables enter into the design as well. Alderman Glab opined the cost is still excessive, Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to approve and authorize the Mayor's execution of an Engineering Services Agreement for ` the design of the 4.0 mgd expansion of the South Wastewater Treatment Plant and for decommissioning services for the Central Wastewater Treatment Plant, in an amount not- to-exceed $1,615,000 with Smith Engineering Consultants. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. APPROVE PROPOSAL TO REHABILITATE WELL NO. 9 —WATER WELL SOLUTIONS DRILLING DMSION LLC, IN AN AMOUNT NOT-TO-EXCEED $8.400 .Director Marcinko stated following inspections of each water supply well in April, it was noted water supply from Well No. 9 has decreased significantly and could benefit from rehabilitating the pump. Water Well Solutions Drilling Division was contracted to rehabilitate Well No. 5 last year. Results were satisfactory as Well No. 5 production increased by 25% following the rehabilitation. Staff is therefore recommending acceptance of a proposal to rehabilitate Well No. 9 as submitted by Water Well Solutions Drilling Division in an amount not-to-exceed $8,400. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve _ a proposal submitted by Water Well Solutions Drilling Division for the �.- Rehabilitation of Well No. 9 in an amount not-to-exceed $8,400, August 28, 2006 Page 8 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low stated it was a pleasure to receive two gentlemen's applications to the Landmark Commission. She noted Patrick Wirtz (who was in attendance) and James Johnson have submitted applications and she appreciates their willingness to serve. She recommended their appointment to the Landmark Commission. Motion by Wimmer, seconded by Schaefer, to accept the Mayor's recommendation to appoint: • Patrick Wirtz to fill the unexpired term of Dawn Johnson which will expire on 4/30/07; • James Johnson to fill the unexpired term of Greg Lofgren which will expire on 4/30/09. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. --'` Mayor Low introduced Mr. Wirtz as well as Landmark Commissioners Pat Shafer, Shelly Trost and Marya Dixon. Mayor Low also reported the Band Concert Season was a successful summer event: She thanked the participants. Mayor Low announced the City will commemorate the fifth anniversary of 9/11. Notification of ceremony specifics will be provided to Council in the Friday Report. COMMITTEE REPORTS Alderman Condon provided Council with the latest McHenry Area Youth Commission Coordinator's Notes. Community Development Committee Chairman Alderman Condon announced the Committee will meet on Tuesday, August 29, 2006 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS r Alderman Glab inquired about the heliport off the river in McHenry Shores. He inquired if application had been made to the City. He requested the Community Development Department research this matter. August 28, 2006 Page 9 Alderman Glab thanked Staff for providing information regarding ultralights. Chief O'Meara stated he has not heard back from the school regarding the ultralights landing on their property. EXECUTIVE SESSION: COLLECTIVE BARGAINING AND PROPERTY ACQUISITION Motion by Murgatroyd, seconded by Condon, to go into Executive Session to discuss Collective Bargaining and Property Acquisition at 9:13 p.m. Voting Ayer Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:24 p.m. Motion by Condon, seconded by Wimmer, to go back into Open Session at 9:44 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 9:44 p.m. OPEN SESSION Motion by Wimmer, seconded by Murgatroyd, to approve the Collective Bargaining Agreement with IUOE Local #150 (Public Works and Parks Maintenance Departments) as discussed in Executive Session pending the submittal of an acceptable written contract and Council approval of same at a future meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:46 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:46 p.m. MAYOR CITY CLERIv `-1. -�-, ` .