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HomeMy WebLinkAboutMinutes - 08/07/2006 - City Council REGULAR MEETING AUGUST 7, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 7, 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, Assistant Administrator Martin, 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: None. Mayor Low introduced and welcomed Finance Director Christopher Black who began his employment with the City today. PUBLIC HEARING: FOURTH AMENDMENT TO BUSCH-KNOX ANNEXATION AGREEMENT Mayor Low reconvened the Public Hearing at 7:32 p.m. for the proposed Fourth Amendment to the Busch-Knox Annexation Agreement. She noted this Hearing was originally scheduled for July 31, 2006 and was recessed to this evening's meeting. Alderman Condon left the Council Chambers at 7:33 p.m. Director of Community Development Napolitano stated the Busch-Knox Property was annexed to the City in 1995. The property is located south and east of the Municipal Center. Since its annexation, there have been three approved amendments to the Busch- Knox Annexation Agreement. This evening Professional Realty and Development Corporation (PRDC), developer of the portion of the property on which Angelus East is situated, is seeking a fourth amendment to the agreement to allow the following modifications: Paragraph 2, Zoning: Following the amendment to the annexation agreement an ordinance shall be adopted approving a conditional use permit to allow a nursing home and a variance to allow multiple buildings on a zoning lot in order to allow the construction of a 36-bed memory care facility. Paragraphs 3 and 4, Charles Miller Road Access: The applicants will continue to use the existing access drive until such time that the City constructs Valley Road. The applicant will then convert this access to emergency-only access, abandon the existing emergency access, and construct a driveway access to Valley Road. Paragraph 5 and 6, Right-of-Way Dedication: The applicant will dedicate 15 feet of right-of-way along Charles Miller Road for the future road widening. The applicant will also dedicate 30 feet along their southeastern property '�-- line to allow for the construction of Valley Road. Director Napolitano noted the Planning and Zoning Commission, at a Public August 7, 2006 Page 2 Hearing held on July 6, 2006, unanimously recommended approval of the requested conditional use permit and variance. In attendance were Jeremy Shaw, an attorney with Zanck, Coen and Wright; Gene and Virginia Gulley, principals with PRDC; Phil Wall, architect; James Condon, Condon Consulting Engineers; and Chet Burdine, on-site manager. Ms. Gulley provided Council with a summary/history of the existing facility on the Angelus East campus. She also outlined the special features of the proposed memory care facility. Ms. Gulley noted the facility will be designed specifically for those who suffer from dementia. Mayor Low opened the floor to questions and/or comments from Council. Alderman Santi inquired if the memory care facility would possibly be expanded in the future. Mr. Wall stated there is no intention to increase the size of the facility at this time. Alderman Santi made inquiries regarding management of the facility and age- restrictive requirements. Ms. Gulley responded there would be onsite management. The facility would be restricted to those 55 and older. Alderman Glab inquired about parking requirements. Gene Gulley assured Council the plan exceeds parking requirements. He also reminded Council a land bank has been set aside for future parking needs if and when the use of the site would change to one requiring more parking. The land continues to be held in reserve. Mr. Condon acknowledged parking meets the requirements of the original annexation agreement for this property. Alderman Schaefer inquired about visiting hours at the new facility and inquired how existing traffic patterns on Charles Miller Road might be impacted. Mr. Burdine responded visiting hours would coincide with those of the current facility and would provide no discernible impact on Charles Miller Road traffic. In response to Alderman Murgatroyd's inquiry, Mr. Burdine noted the Sunrise Home in Crystal Lake is the nearest similar facility. Alderman Glab inquired if there would be any adverse impact on drainage in the area. Director Napolitano responded additional storage in the detention/retention areas would alleviate any drainage issues. In response to Mayor Low's inquiry, there were no questions or comments from the audience. City Clerk Jones stated no written or oral comments were received relative to this public hearing. August 7, 2006 Page 3 Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:51 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. The Public Hearing was closed at 7:51 p.m. Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance amending the Busch-Knox Annexation Agreement as follows: Paragraph 2, Zoning: Fallowing the amendment to the annexation agreement an ordinance shall be adopted approving a conditional use permit to allow a nursing home and a variance to allow multiple buildings on a zoning lot in order to allow the construction of a 36-bed memory care facility. Paragraphs 3 and 4, Charles Miller Road Access: The applicants will continue to use the existing access drive until such time that the City constructs Valley Road. The applicant will then convert this access to emergency-only access, abandon the existing emergency access, and construct a driveway access to Valley Road. A' Paragraph 5 and 6, Right-of-Way Dedication: The applicant will dedicate 15 feet of right-of-way along Charles Miller Road for the future road widening. The applicant will also dedicate 30 feet along their southeastern property line to allow for the construction of Valley Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Low. Voting Nay: None. Absent: Condon. Motion carried. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance granting a conditional use permit and variance to allow multiple buildings on a zoning lot for a memory care facility on the Angelus East property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Alderman Condon returned to the Council Chambers at 7:54 p.m. August 7, 2006 Page 4 TEN MINUTE PUBLIC INPUT SESSION Tim McCann of 3507 Broad Street addressed Council regarding the Oakridge Properties proposed strip center to be constructed at the northeast comer of Pearl Street and Route 31. Mr. McCann stated he lives directly behind the proposed development. He has concerns regarding the design of the development and noise issues. Mr. McCann also expressed concern regarding traffic, safety of pedestrians and children. He does not believe the area is conducive to this type of development. Beth Taylor of 1501 North Green Street addressed Council regarding Oakridge Properties development. She expressed concerns for her children who go to Montini School. She also noted her concerns regarding light pollution and reiterated what Mr. McCann stated. Carol Cooney of 1313 North Richmond Road addressed Council regarding Oakridge Properties development. Ms. Cooney noted other projects by this developer have not been constructed in residential neighborhoods. She provided Council with a photo of the proposed development. Ms. Cooney also read aloud a portion of the Zoning Ordinance regarding elected officials responsibility to their constituents. CONSENT AGENDA Alderman Santi requested Consent Agenda Item D, Approval of Council Minutes of the July 31, 2006, be removed for further clarification. He requested the Clerk include the following phrase in his statement regarding the approval of the application for Honorary Street Sign: "and also that in my mind it will serve as a symbol of honoring all men and women of the McHenry community who have died in the line of duty defending our country". Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as amended: A. Approve request for special event liquor license, temporary use permit, temporary signs, and waiver of all associated fees — St. Paul's Episcopal Church; B. Approve Block Party requests: Cindy Smith, Riverside Hollow Subdivision; Jennifer Bantner, Green Valley Subdivision; C. Approve Picnic Permit requests; E. Approve list of As-Needed Checks: AFLAC 2,230.96 BENEFIT SYSTEMS & SERVIC 23,520.43 BRUCE, KENNETH 123,400.50 CLOWNING AROUND ENTERTAI 272.88 COUNTY CLERKS OFFICE 10.00 DEKALB SWIM TEAM 300.00 ENCHANTED CASTLE 540.00 FOP UNITS I/II 2,014.00 HOLIDAY INN 70.00 HOME DEPOT/GECF 1,365.08 HOME STATE BANK 2,665,000.00 ILEETA 40.00 ILLINOIS DEPARTMENT OF P 1,078.00 J & H VIDEO PRODUCTIONS 480.00 August 7, 20M Page 5 LEADERSHIP GREATER MCHEN 2,000.00 MCGUIRE AQUATICS 182.00 NCPERS GROUP LIFE INS. 335.00 PETTY CASH FUND 170.75 POSTMASTER MCHENRY IL 981.10 SAFARI LAND LLC 475.00 SECRETARY OF STATE 75.00 SECRETARY OF STATE / POL 78.00 SIX FLAGS GREAT AMERICA 5,016.64 ST AUBIN NURSERY INC 8,860.00 STAPLES BUSINESS ADVANTA 99.99 UNITED PARCEL SERVICE 115.18 UNITED STATES LIFE INSUR 1,250.10 VOA ASSOCIATES INC 72,850.06 WALMART COMMUNITY 866.16 WOODSTOCK SWIMMING ASSOC 672.00 GRAND TOTALS 2,914,348.63 FUND TOTALS GENERAL FUND 528,450.73 PAGEANT FUND 480.00 ANNEXATION FUND 300,000.00 DEVELOPER DONATION FUND 250,000.00 TIF FUND 72,850.06 WATER/SEWER FUND 295,647.11 CAPITAL DEVELOPMENT FUND 123,400.50 UTILITY IMPROVEMENTS FUND 1,320,000.00 EMPLOYEE INSURANCE FUND 23,520.43 TOTALS 2,914,348.83 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ENGINEERING SERVICES AGREEMENT FOR DESIGN OF 4.5 MGD SOUTH WASTEWATER TREATMENT PLANT EXPANSION — SMITH ENGINEERING CONSULTANTS. $1,780,000 Director of Public Works Marcinko reminded Council at its October 17, 2005 regularly scheduled meeting, Staff was directed to move forward with the consolidation of the City's wastewater needs at the SWWTP. He noted the recommended alternative is to construct a new treatment facility adjacent to the existing SWWTP and ultimately take the existing Central Plant out of service. Director Marcinko stated the agreement before Council for consideration this evening is for the design of the new plant and represents a lump sum contract in the amount of $1,780,000 or approximately 8% of the estimated construction project. Director Marcinko stated the cost for the engineering services has been analyzed and confirmed to be within the typical fees for this type of design contract. Director Marcinko stated it is Staffs recommendation to approve the engineering services agreement with Smith Engineering Consultants for the design of the new 4.5 million gallons per day (mgd) South Wastewater Treatment Plant expansion in the amount of$1,780,000. Director Marcinko noted Robert Wegener of Smith Engineering Consultants was in attendance and would be available to respond to any questions regarding this L matter. Alderman Peterson inquired if the design of the lift main and pumping station would August 7, 2006 Page 6 be addressed in a separate agreement. Director Marcinko acknowledged that is correct. Two different types of construction were being utilized and therefore each would have a separate design contract. Alderman Condon verified that 8% of the construction cost was reasonable for engineering design fees. Director Marcinko noted the amount would actually be closer to 7%. Staff has determined the engineering design fees are reasonable. Mr. Wegener stated there are various environmental concerns which are unknown quantities at this time. These issues are unknown variables when constructing a wastewater treatment plant. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve an Engineering Services Agreement for the design of the new 4.5 mgd South Wastewater Treatment Plant expansion in the amount of$1,780,000. Alderman Glab opined $1.8 million is an extremely high amount of money for an engineering contract. He feels it is too excessive and he cannot support its approval. He suggested the engineering services should be put out for bid. City Administrator Maxeiner noted by State law a municipality is not allowed to bid for engineering services. Alderman Murgatroyd inquired about the cost of the entire project. Director Marcinko responded the cost of expansion is anticipated between $25 and $27 million. Alderman Murgatroyd stated he would be uncomfortable going to another firm at this stage. He is not willing to look at other engineering firms for this service. Alderman Murgatroyd stated he would prefer it if the cost was reduced. He did note this is the largest project ever undertaken by the City. It needs to be undertaken by a firm knowledgeable regarding the entire process. Alderman Peterson requested information regarding the timetable of the project and an explanation regarding the additional cost. City Administrator Maxeiner suggested postponing Council action on this matter until additional information is brought before Council. The motion was withdrawn. APPROVE ORDINANCE ADOPTING UPDATES TO BUILDING CODES Director Napolitano reminded Council a proposal to update the City's Building Codes was presented in June 2006. Following Council's consensus to update the Codes, the ordinance providing for the updates was submitted to the Illinois Building Commission for review and approval. The Illinois Building Commission recently notified the City it has reviewed and endorsed the proposed changes. Staff is therefore recommending the approval of an ordinance updating the City Building Codes effective October 1, 2006 as follows: August 7, 2006 Page 7 International Building Code 2000 International Residential Code 2000 International Fire Code 2000 International Mechanical Code 2000 National Electric Code 1999 International Fuel Gas Code 2000 International Energy Conservation Code 2000 International Property Maintenance Code 2000 Illinois State Plumbing Code Current Edition .Illinois Accessibility Code Current Edition. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve an ordinance updating the City Building Codes as follows with an effective date of October 1, 2006: International Building Code 2000 International Residential Code 2000 International Fire Code 2000 International Mechanical Code 2000 National Electric Code 1999 International Fuel Gas Code 2000 International Energy Conservation Code 2000 International Property Maintenance Code 2000 Illinois State Plumbing Code Current Edition Illinois Accessibility Code Current Edition Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING ZONING ORDINANCE CHAPTER IX. SIGNS Director Napolitano reported the Community Development Committee began review of the City's Sign Code in 2005. It was the consensus of the Committee significant changes to the Sign Code should be considered. A Public Hearing before the Planning and Zoning Commission was held on February 2, 2006. It was the unanimous recommendation of the Commission to approve an amendment to the Zoning Ordinance providing for revisions to the Sign Code as outlined below: a) Exempt Signs: Add a category for City-sponsored event signs, such as band concerts, farmer's markets, park departmental programs, etc. b) Prohibited Signs: Prohibit use of neon lighting and video screen signs. c) Nonconforming Signs: Allow any nonconforming sign to continue for a period of seven years. After seven years, a nonconforming sign can remain on site provided an annual fee is paid. The fee would cover annual sign inspection and would be 1. used for aesthetic enhancements along roadways. If a site having a nonconforming sign is vacant for 90 consecutive days or changes occupancy, a new sign must be installed in conformance with the sign regulations. August 7, 2006 Page 8 d) Sign Permits: Landscaping is required at the base of any new free-standing signs. e) Sign Design: Changing electronic message signs and display board signs cannot exceed 33% of the total sign area. f) Table 18: The Sign Table was redesigned for ease of understanding. The major changes to the table relate to shopping center use. Proposed language would allow an additional wall sign for comer tenants in multi-tenant buildings and for the rear facade of users in multi-tenant buildings. Also, single users on outlot parcels (i.e. fast food, video, etc) would be allowed one free-standing sign 32 sf in size and six feet in height. Larger shopping centers would be allowed a larger free-standing sign, while smaller centers would have a smaller sign. Temporary signs would still be allowed but only four times per year. g) Definitions: Certain definitions have been eliminated, added and clarified to better represent the types of signs addressed in the text. Alderman Condon thanked Staff for their efforts in streamlining the Sign Code. Alderman Santi concurred. Alderman Glab expressed his support of the Sign Code revisions. Alderman Schaefer noted he had concerns regarding the live moving signs such as student car washes, Liberty tax service, etc. He opined this should be addressed in the "moving sign" definition. Director Napolitano responded these signs would be included in the moving sign" category. Alderman Peterson inquired about the proposed fee for nonconforming signs. Director Napolitano responded the annual fees are contained in the Nonconforming Signs portion of the Sign Code. Alderman Glab inquired if first amendment rights would be violated as a result of adopting the new Sign Code, particularly regarding the moving signs. Attorney McArdle responded this issue would be addressed if it occurs. Motion by Condon, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to pass and approve an ordinance amending the City of McHenry Zoning Ordinance Chapter X, Sign Code, as presented. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported last Thursday was to have been the final City Band Concert of the season. However, Staff has arranged for additional performances on August 10, August 17 and August 24. This week's featured vendor is Culver's. The Farmer's Market will also continue on Thursdays from 3:30 p.m. until 7:30 p.m. through August 24. August 7, 2006 Page 9 COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Peterson announced a Committee meeting has been scheduled for Wednesday, August 9, 2006 at 7 p.m. in the Council Chambers. The Parks and Recreation Master Plan will be discussed. The public is encouraged to attend. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:41 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:41 p.m. i MAYOR CITY CL