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HomeMy WebLinkAboutMinutes - 02/13/2006 - City Council REGULAR MEETING FEBRUARY 13, 2006 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 13, 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 Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Community Relations Management Assistant Hobson, and Director of Finance Shields, Director of Parks and Recreation Merkel. Absent: Director of Community Development Napolitano. TEN MINUTE PUBLIC INPUT SESSION Mr. Robert Parrish stated his appreciation to City Administrator Maxeiner for his quick response to his inquiry. 1 CONSENT AGENDA Alderman Glab requested Consent Agenda Item C, be removed for further discussion. Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as amended: A. City Council Minutes: a. January 9, 2006 regularly scheduled meeting; b. January 16, 2006 Committee of the Whole Meeting; B. Beer/Wine and Parks Special Use Permit Requests; D. As Needed Checks: AFLAC 1,774.93 ALBERTSONS 34.16 BANKCARD SERVICES 7,499.89 BENEFIT SYSTEMS & SERVIC 21,382.19 BRUCE, WILLIAM H AND 123,400.50 COMED 13,050.09 CUSTOM LANDSCAPING 60,450.46 FEDEX 158.34 FOP UNITS I/II 1,976.00 GERSTAD BUILDERS 630.80 GREG GREENHILL CONSTRUCT 22,285.00 HOME DEPOT/GECF 395.74 HOME TOWNE ELECTRIC INC 15,476.38 ILLINOIS DEPARTMENT OF P 454.00 ILLINOIS DIRECTOR OF 1,665.00 ILLINOIS STATE POLICE 44.00 IMAGETEC LP 1,822.12 LAKE COUNTY CLERK 10.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 319.00 NEXTEL COMMUNICATIONS 2,168.83 NWBOCA 45.00 PETTY CASH FUND 184.29 POSTMASTER MCHENRY IL 780.45 QUILL CORPORATION 3.51 SAM'S CLUB 48.18 SBC 184.87 SECRETARY OF STATE t 30.00 SECRETARY OF STATE / POL 78.00 ST PAUL LUTHERAN CHURCH 35.00 i February 13, 2006 Page 2 UNITED PARCEL SERVICE 95.23 ^. UNITED STATES LIFE INSUR 1,258.20 UNIVERSITY OF ILLINOIS 40.00 WALMART COMMUNITY 472.31 GRAND TOTALS 278,376.30 FUND TOTALS GENERAL FUND 38,291.84 DEVELOPER DONATION FUND 60,450.46 TIF FUND 22,285.00 CAPITAL IMPROVEMENTS FUND 15,476.38 WATER/SEWER FUND 5,265.91 CAPITAL DEVELOPMENT FUND 123,400.50 UTILITY IMPROVEMENTS FUND 13,050.09 INFORMATION TECHNOLOGY FUND 156.12 TOTALS 278,376.30 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. . ; Absent: None. Motion carried. I CONSENT AGENDA ITEM C: AUTHORIZATION OF REPAIRS ON PUBLIC ACCESS ` PIERS AT THE RIVIERA MARINA IN AN AMOUNT NOT-TO-EXCEED $3,676.86 Alderman Glab inquired as to the number of bids which were submitted for the pier repair project. He opined the cost as a whole is approximately 26% higher than the average for a typical project. He judged the proposed cost to be excessive. City Administrator Maxeiner stated only one quote was received for this project. Reinwall, who submitted the sole bid, specializes in marine repairs. City Administrator Maxeiner suggested pulling this item from the Agenda until additional quotes are obtained. RECOMMENDATION: 1) BUDGET AMENDMENT TO THE CAPITAL IMPROVEMENTS FUND (PARK DONATIONS FUNDING SOURCE) IN THE AMOUNT OF $485,000 FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK: AND 2) AWARD OF BID FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK TO DK CONTRACTORS IN THE AMOUNT OF $482,065.31 City Administrator Maxeiner summarized the request before Council this evening is twofold: • to approve a budget amendment for the current year in the amount of $485,000; and • to award the bid for the Shamrock Farms Park Development to DK Contractors in the amount of$482,065.31. Following discussions with Mr. Parrish of Parrish Paving, City Administrator Maxeiner stated Staff supports its original recommendation. Alderman Murgatroyd noted he could not support this matter without an approved Five Year Parks Master Plan. He opined this project is premature and should be placed on — hold until the Five-Year Plan has been established. , Motion by Condon, seconded by Schaefer, to: 1. Approve a budget amendment to the 2005/2006 Fiscal Year Budget to the Capital February 13, 2006 Page 3 Improvements Fund (Park Donations Funding Source) in the amount of $485,000 for the development of Shamrock Farms Park; and 2. Award the bid for the development of Shamrock Farms Park to DK Contractors in the amount of$482,065.31. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. CONSIDERATION OF AN ANNEXATION AGREEMENT, ANNEXATION, ZONING MAP AMENDMENT TO RM-2, AND A CONDITIONAL USE PERMIT LIVING SPRINGS SUPPORTIVE LIVING FACILITY, 4609 WEST CRYSTAL LAKE ROAD In attendance were Attorney Kristina Dalman and Steve Barron, representing the applicant, Living Springs of McHenry LLC. Assistant Administrator Martin noted the applicant, Living Springs of McHenry LLC, has provided the City with a revised concept plan which addresses the numerous concerns previously expressed by Council. Staff supports the revised plan and recommends the following for the property located at 4609 West Crystal Lake Road: • authorization of an annexation agreement with the petitioner; • annexation of the subject property; • zoning map amendment to RS-2 High Density Multi-Family Residential District; • Conditional Use Permit to allow a supportive living facility. Alderman Condon expressed concern as sidewalks were not shown on the concept plan. She opined sidewalks should be required in this area, particularly in light of the amount of pedestrian traffic. Alderman Condon also expressed concern regarding traffic during shift changes at the facility and potential complications with the amount of high school vehicles entering/exiting the area at the beginning/end of the school day. Mr. Barron responded the approximate number of employees entering/leaving the facility at shift change would be twenty. Shift change time would be around 3 p.m. Alderman Condon stated her preference that the shift change time be modified in order to reduce the amount of traffic in the area when high school vehicles leave West Campus. Mr. Barron assured Alderman Condon shift change could be moved back to 4 p.m. Alderman Condon requested additional landscaping be provided to screen the facility from adjacent properties and from Crystal Lake Road. Mr. Barron acknowledged the applicant would comply with all zoning and landscape requirements as directed by Staff. Alderman Condon encouraged the insertion of language in the annexation agreement requiring landscaping maintenance. Alderman Condon concluded she still has some concerns regarding the location of the facility, but commended the developer regarding their cooperative efforts in addressing all of Council's suggestions. Alderman Santi concurred with AldOAWCM.ioti: he is comfortable with February 13, 2006 Page 4 the project as presented. Alderman Glab inquired how the issue of the private right-of-way ownership has been resolved. Kristina Dalman, attorney for the applicant, stated Chicago Title is willing to insure the property for the benefit of the current property owners, the O'Halleran's. City Attorney McArdle stated there is no clear evidence of title by deed. He noted all of the adjacent neighbors have been duly notified of this project and have not acted upon the notice. The City does not have an issue with this private right-of-way. It is the risk of the developer. City Attorney McArdle further stated a judge would not provide a recorded deed for the property, but could declare the actual owner of the property. A lengthy discussion ensued regarding ownership of the property and the easement. Alderman Peterson stated he is not comfortable without a judge's decision regarding Maryetta Lane ownership. He stated he does not believe the O'Hallerans are the current property owners of the right-of-way or easement. Alderman Condon opined the project would benefit the community. She stated for the record she would not do anything as an Alderman which was not done in good faith for the benefit of the City. She respects the opinion of the City Attorney. Motion by Murgatroyd, seconded by Santi, to approve an ordinance authorizing the Mayor and City Clerk's execution of an annexation agreement between Living Springs of McHenry LL.0 and the City of McHenry for the property located at 4609 West Crystal Lake Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Motion by Wimmer, seconded by Santi, to approve an ordinance authorizing the annexation of the O'Halleran property located at 4609 West Crystal Lake Road, comprised of 4.843 acres. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Schaefer, to approve an ordinance authorizing a zoning map amendment to RM-2 High Density Multi-Family Zoning District and a conditional use permit to allow a supportive living facility on the property located at 4609 West Crystal Lake Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. February 13, 2006 Page 5 Motion carried. RECOMMENDATION: 1) BUDGET AMENDMENT TO THE PARKS DEPARTMENT BUDGET (GENERAL REVENUE FUNDING SOURCE) IN THE AMOUNT OF $39,000 FOR THE ADDITION OF A MAINTENANCE WORKER AND A LIGHT DUTY PICKUP TRUCK IN THE PARKS AND RECREATION MAINTENANCE DIVISION City Administrator Maxeiner stated in prior communications, Staff has informed Council of the need to add a Parks Maintenance position which requires a budget amendment in the amount of $39,000 to the Parks Department Budget for 2005/2006 Fiscal Year. City Administrator Maxeiner noted a pickup truck is required for this position. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to increase the Parks Department Budget (General Revenue Funding Source) for the 2005/2006 Fiscal Year in the amount of $39,000 to allow the addition of a Parks Maintenance Worker and purchase of a light duty pickup truck. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR AUTHORIZATION TO PAY VOA ASSOCIATES A PARTIAL PAYMENT OF $58,246.44 FOR WORK PERFORMED TO DATE ON THE RIVERWALK DESIGN AND PERMIT Management Assistant for Community Relations Hobson reminded Council VOA Associates was contracted by the City to perform certain work regarding the Riverwalk design and permitting process. The request before Council this evening to reimburse VOA for specific work provided for this project in the amount of $58,246.44. He noted the payment would be a gesture of good will in that the City no longer requires the services of VOA for the Riverwalk project. Management Assistant Hobson stated the payment of $58,246.44 represents approximately 49% of the outstanding balance requested by VOA. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to authorize payment to VOA Associates in the amount of $58,246.44 for work performed to date on the Riverwalk Design and Permitting process. Voting Aye: Santi, Glab. Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low announced the next meeting of the McHenry County Council of Government is scheduled for Wednesday February 22, 2005 at Adrianna's in Harvard. The registration deadline is Friday, February 17'h. COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer announced a meeting was February 13, 2006 i Page 6 held this evening prior to the regularly scheduled Council Meeting. Minutes will be forthcoming. Chairman Wimmer also announced a Public Works Committee Meeting has been scheduled for Monday, February 21, 2006 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There was no Staff Report. FUTURE AGENDA ITEMS There were no future agenda items discussed. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:24 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:24 p.m. .� MAYOR CITYCIL K • j r