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HomeMy WebLinkAboutMinutes - 04/03/2006 - City Council REGULAR MEETING APRIL 3, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, April 3, 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, Assistant City Administrator Martin, City Attorney McArdle, Chief of Police O'Meara. City Clerk Jones, Director of Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Shields, Director of Parks and Recreation Merkel, and Community Relations Management Assistant Hobson. Absent: None. PROCLAMATION Mayor Low expressed the importance of tissue and organ donations and read into the record a proclamation declaring April 2006 as National Donate Life Month in the City of McHenry. Mayor Low then introduced two recipients of organ donation. Resident Donna Frett thanked Mayor Low and Council for recognizing the importance of tissue and organ donation and supporting the national program. Mayor Low presented the signed proclamation to Ms. Frett. TEN MINUTE PUBLIC INPUT SESSION Ms. Linda Peel of 2003 Bull Ridge expressed gratitude to Mayor Low and Council for support of the McHenry Elementary School District 15 referendum. CONSENT AGENDA Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as presented: A. Approve City Council Minutes: 1. September 12, 2005 regularly scheduled meeting; 2. September 19, 2005 regularly scheduled meeting; 3. October 24, 2005.workshop meeting; 4. March 13, 2006 regularly scheduled meeting; 5. March 20, 2006 regularly scheduled meeting; B. Resolution - National Incident Management System (NIMS); C. Ordinance authorizing the donation of surplus computer equipment; D. Purchase of Toro Grounds Master 4100-D Rotary Mower through State of Illinois Joint Purchasing Program for $41,250.53; E. Final Pay Request for Water Treatment Plaint No 2 Improvements, by Manusos General Contracting Inc in the amount of$11,926; F. Ratification of 2006/2007 NISRA Budget; G. Picnic Permits - Parks and Recreation Dept. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. '�- Absent: None. Motion carried. April 3, 2006 Page 2 REQUEST FOR HONORARY STREET SIGN �. Mayor Low recognized Dr. and Mrs. Wilt who are requesting the designation of a portion of Waukegan Road with the honorary street name of"Gladstone Way". Assistant Administrator Martin reminded Council an Honorary Street Sign Program was implemented in 2005. Dr. and Mrs. Wilt have submitted an application requesting that a portion of Waukegan Road east of Green Street be designated as "Dr. Lee Gladstone Way" in honor of Dr. Lee Gladstone who was responsible for initiating the establishment of McHenry's first hospital on Green Street. Dr. and Mrs. Wilt are seeking Council approval to honor Dr. Gladstone through the Honorary Street Sign Program. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to authorize the Mayor and City Clerk's execution of a resolution establishing that portion of Waukegan Road east of Green Street as "Dr. Lee Gladstone Way". Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT- RANDY LIVELY, 2623 LINCOLN ROAD Mayor Low announced the Request for Zoning Map submitted by Randy Lively for his property located at 2623 Lincoln Road was removed from this evening's agenda and will be addressed at a later date. ORDINANCE AMENDING COMPREHENSIVE PLAN TO INCLUDE CRYSTAL LAKE ROAD SUB AREA PLAN Mayor Low recognized numerous attendees in the audience who expressed concern regarding the ordinance amending the Comprehensive Plan to include the Crystal Lake Road Sub Area Plan. Mayor Low requested respectful attention while Director of Community Development Napolitano explained the necessity for implementing the proposed amendment to the City's Comprehensive Plan to include the Crystal Lake Road Sub-Area Plan. Director Napolitano summarized the process utilized in the creation of the proposed Crystal Lake Road Sub Area Plan. He noted the Plan has been reviewed and modified extensively by Staff and the Community Development Committee. The Plan provides a vision for this area. It is not a blueprint, but merely conceptual in nature, and is open to modification and amendment as the area changes and is redeveloped. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on March 16, 2006 voted 3-3 and did not recommend the adoption of the proposed Comprehensive Plan amendment. Mayor Low reiterated the Plan is conceptual and the.City does not intend to invoke eminent domain to secure property to implement the Plan. There are no immediate plans to initiate the establishment of the Plan. April 3, 2006 Page 3 Alderman Schaefer stated the Plan is conceptual and provides direction to developers who express interest in redeveloping in this area. Alderman Murgatroyd stated having a plan with options provides a starting point for future discussions. He noted not all points of the Plan are feasible, but implementing the Plan offers direction to Staff and developers. Alderman Murgatroyd expressed disappointment in the Planning and Zoning Commission's lack of recommendation regarding the Plan. Alderman Wimmer commended Staff and the Community Development Committee on the Plan. Alderman Peterson stated he likes parts of the Plan but does not care for the proposed cut-thru of neighborhood roads. He noted although the Plan is conceptual, he acknowledged he has difficulty in supporting it. Alderman Condon concurred with Alderman Wimmer. She expressed surprise in the number of attendees at this evening's meeting, particularly as there was little public input during the preparation of the Plan at numerous Community Development Committee meetings. Alderman Condon opined the Crystal Lake Road Sub Area Plan is a flexible working document, as is the City's Comprehensive Plan. She stated she approves of the vision of having a Plan in place. Alderman Santi concurred with Aldermen Wimmer and Condon. He expressed a comfort level in having the Plan in place. He noted nothing is set in stone. The City is attempting to be visionary by incorporating the Crystal Lake Road Sub Area Plan into the Comprehensive Plan. Alderman Glab stated it was his understanding the Crystal Lake Road Sub Area Plan was being presented to Council for input, not necessarily for ordinance approval. He acknowledged he has reservations regarding traffic in the area. He also has concerns with safety issues. He stated Council should be looking at reduction of traffic on Crystal Lake Road and Royal Drive. Alderman Glab continued stating there are still a number of issues to be addressed. A new plan should be created. Alderman Glab stated it would be an injustice to persons living in the area to approve the ordinance amending the Comprehensive Plan this evening. Alderman Condon declared the decision before Council this evening was recommended by the Community Development Committee for Public Hearing before the Planning and Zoning Commission and ultimately to be presented to full Council for consideration. Alderman Condon stated all committee meetings are posted for informational purposes. The public is provided with an opportunity to participate in -`. discussions at the committee level. Alderman Murgatroyd stated he likes aspects of the Plan, and other portions of it It April 3, 2006 Page 4 are not current. Alderman Murgatroyd opined overall there are enough positive aspects of the Plan to move forward with its inclusion in the Comprehensive Plan. He noted actual development and redevelopment in this area would come before the Community Development Committee, Planning and Zoning Commission and Council many times before the area is actually redeveloped. Residents in the area will have ample opportunity to become knowledgeable and express their opinions prior to redevelopment of the area and aspects of the Plan are actually implemented. Motion by Schaefer, seconded by Wimmer, to pass and approve an ordinance providing for an amendment to the City's Comprehensive Plan to include the Crystal Lake Road Sub-Area Plan. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. REQUEST BY MCHENRY AREA JAYCEES FOR: 1) USE OF PETERSEN PARK FOR ANNUAL JAYCEES DAYS FOURTH OF JULY EVENT: 2) CITY SUPPORT SERVICES: 3) WAIVER OF ALL ASSOCIATED FEES: , 4) AWARD OF CONTRACT FOR FIREWORKS PROGRAM TO MELROSE PYROTECHNICS INC. IN AN AMOUNT NOT-TO-EXCEED $20,000 In attendance representing the McHenry Area Jaycees were Kevin Kutz and Naomi Rancak. Alderman Glab departed the meeting at 8:28 p.m. City Administrator Maxeiner stated the Jaycees are seeking Council approval to host their Annual Jaycee Days on Saturday, July 1, 2006 at Petersen Park Beach Area. In conjunction with the event, the Jaycees are requesting City support services from the Police Department, Parks Department and Public Works Department. The Jaycees are requesting waiver of all associated fees. City Administrator Maxeiner also stated the Jaycees are seeking Council approval of a 50/50 contract to provide Fireworks Display at the event with-Melrose Pyrotechnics in a total amount not-to-exceed $20,000. Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve the following: 1) Use of Petersen Park for Annual Jaycees days Fourth of July event; 2) City support services; 3) Waiver of all associated fees; 4) Award of a 50/50 contract for fireworks program to Melrose Pyrotechnics Inc, in a total amount not-to-exceed $20,000. ' April 3, 2006 Page 5 Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. ORDINANCE APPROVING FINAL PLAT OF RE-SUBDMSION FOR A PORTION OF LOTS 1. 9 AND 10 IN MEUER/HOME DEPOT SUBDMSION Director Napolitano explained the Final Plat for the Re-Subdivision of a portion of Lots 1, 9 and 10 of Meijer Home Depot Subdivision was approved on August 29, 2005. One of the conditions of approval was the plat being recorded within six months. As the six month time limit has expired, the Plat must once again be submitted to Council for approval. Alderman Glab returned to the meeting at 8:33 p.m. Motion by Schaefer, seconded by Peterson, to approve the Final Plat of Re- Subdivision for a potion of Lots 1, 9 and 10 of Meijer Home Depot Subdivision prepared by Ruettiger, Tonelli and Associates last revised 2/1/06 subject to its recordation within six months of Council approval. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION OF RIVERWALK PHASE I Management Assistant for Community Relations Hobson stated Staff is seeking authorization to request qualifications from potential companies for the construction of Riverwalk Phase I. Staff is concerned that potential project bidders be qualified to complete a project of this magnitude which involves competent structural work and results in exemplary aesthetic product completed on time and within the project's budgetary constraints. Staff is suggesting a pre-qualification process be utilized and is seeking Council authorization to advertise to begin this process for potential project contractors. Alderman Glab stated he is withdrawing his support for the Riverwalk. He noted he cannot support the Riverwalk when neighborhoods near the Crystal Lake Road Sub-Area Plan are going to be destroyed. Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to approve the following: 1. use of the proposed pre-qualification process for potential Riverwalk Phase contractors; 2. Release of RFQ for the construction of Riverwalk Phase I for the purpose of pre- qualifying contractors for the bid process for the Riverwalk. t April 3, 2006 Page 6 Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. '�- Voting Nay: Glab. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: AMENDMENT TO MUNICIPAL CODE, SECTION 16- 48 RELATING TO PARKS AND RECREATION FACILITY RENTAL FEES Director of Parks and Recreation Merkel stated the Parks and Recreation Committee recently reviewed the facility rental fees contained in Chapter 16 of the Municipal Code. In addition Staff recommended that recreation program and daily admission fees be deleted from the Municipal Code as they change year to year. director Merkel stated the ordinance before Council for consideration this evening amends Chapter 16 of the Municipal Code as recommended by the Committee. Alderman Murgatroyd stated he could not support the proposed amendments to the Municipal Code. He noted some of the special use fees for park facilities are onerous. Motion by Schaefer, seconded by Santi, to accept the Parks and Recreation Committee recommendation to amend the Municipal Code Chapter 16, Section 16-48 relating to Parks and Recreation facility rental fees. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. PROPOSED REVISIONS TO NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION (NISRA)ARTICLES OF AGREEMENT AND BYLAWS Director Merkel stated several revisions are being proposed to the Northem Illinois Special Recreation Association (NISRA) Articles of Agreement and Bylaws. The result will be the elimination of the Board of Trustees. Staff supports the proposed revisions. Alderman Peterson stated it is redundant to have a Board of Trustees as well as a Board of Directors and supports the proposed revisions. In response to Alderman Glab's inquiry, Director Merkel explained the process by which the Board of Trustees was chosen. Alderman Glab then concurred with Alderman Peterson. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to approve the proposed revisions to NISRA Articles of Agreement and Bylaws and thereby eliminating the Board of Trustees. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. April 3, 2006 Page 7 MAYOR—STATEMENT AND REPORT Mayor Low reported she was in attendance when the City of McHenry was — presented its CALEA accreditation at an award ceremony held on Saturday, March 25, 2006 in Jacksonville, Florida. She noted this is a great achievement for the McHenry Police Department. COMMITTEE REPORTS Finance and Personnel Committee Chairman Murgatroyd announced Finance and Personnel Committee Meeting to discuss the 2006/2007 Budget is scheduled for April 5, 2006 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner announced the City Yard Waste Drop Off Program begins this Saturday, April 8, 2006 at Knox Park. FUTURE AGENDA ITEMS Alderman Murgatroyd stated the Pigtail League and Little League have requested the installation of a well at Petersen Park to be used for wetting down ball fields prior to games. He noted the leagues are willing to fund the project. They have researched the cost and would prefer to have this accomplished this spring before this year's league play begins. Alderman Murgatroyd requested this matter be brought before Council for consideration. EXECUTIVE SESSION: PROPERTY ACQUISITION AND LITIGATION Motion by Condon, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition and Litigation at 8:52 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Glab left the meeting at 8:52 p.m. Council went into Executive Session at 9:02 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 9:19 p.m. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. Council went back into Open Session at 9:19 p.m. April 3, 2006 Page 8 OPEN SESSION "1- Motion by Murgatroyd, seconded by Wimmer, to authorize the City Attorney to sign the Settlement Agreement regarding Telecommunication Infrastructure Maintenance Fees (TIMF) litigation and to create a TIMF settlement fund from which the plaintiffs legal fees will be deducted, as well as claims from any individual wireless users will be paid. Voting Aye: $anti, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:20 p.m. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. The Meeting was adjourned at 9:20 p.m. MAYOR CITY LE K ,j