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HomeMy WebLinkAboutMinutes - 01/30/2006 - City Council i REGULAR MEETING JANUARY 30, 2006 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, January 30, 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, Director of Community Development Napolitano, Community Relations Management Assistant Hobson, and Director of Parks and Recreation Merkel. Absent: None. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the public input session. CONSENT AGENDA Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda, as presented: A. Farm Lease Agreements between the City of McHenry and: a. Scott Chambers, Petersen Farm Property; b. Tom King, former Cunat Property; and c. James P. Finch, former Levy Property;Two-Year Lease Agreement with Michael Sikula, Jr. for the lease of Hickory Creek Farm; B. Final pay request for Petersen Historic Farm Access Road Project — Custom Landscaping Design and Construction, in the amount of$60,450.46 C. Final pay request for Ridgeview Drive/Bull Valley Road Traffic Signal and Street Lighting Project — Home Towne Electric Inc, in the amount of $15,476.38; D. Award of bid for printing of three seasonal brochures for the Parks and Recreation Department and four seasonal City of McHenry newsletters — John S. Swift Co, in the amount of$24,898; E. Award of bid for rehabilitation of Well No. 2 and Well No 3 to Municipal Well & Pump Company for the estimated amount of $43,928, including a 3.5% contingency allowance; F. Police Department purchase of non-lethal tasers from Ray O'Herron Company, $6,959.70. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE, GREEN STREET MALL, 1219 NORTH GREEN STREET Director of Community Development Napolitano informed Council that the property is a multi-tenant building in the downtown area. He noted that over the years it has been difficult for the tenants of the building, due to the lack of exterior signage, to advertise their '`- businesses in the mall. The applicant is requesting Council's consideration regarding the installation of a wall sign. January 30, 2006 Page 2 Director Napolitano noted that according to the City's sign code, the site is considered -` a shopping center and would be allowed four wall signs, one for each tenant. The total square footage allowed for the property is 74.1 sf, 1.5 sf per foot of building frontage. There are currently three signs totaling 67 sf on the building. The applicant is proposing: • To replace the sign on the south fagade with a new 30.6 sf sign to identify all of the building tenants; • Installing a new 20.3 sf sign with the same text on the west building fagade adjacent to the entrance. If approved by Council the site would have four wall signs totaling 102.9 sf. A variance is needed to accommodate the sign on the south building fagade. Staff has no concerns with the proposed request and recommends approval. The additional signs would provided needed identification for the businesses inside the building and are not considered excessive. The building is unique in that it contains multiple retail tenants. Alderman Condon opined she would normally not be in favor of a sign variance, however, she recognizes the necessity of advertising for the businesses. Applicant James Marinangel informed Council the proposed sign plan is conceptual. Mr. Marinangel stated he would welcome recommendations from the Council. Mr. Marinangel noted each of the panels in the sign are removable. , Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve a sign variance at the Green Street Mall, located at 1219 North Green Street, subject to consistency in the signage should the surrounding property be redeveloped. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONDITIONAL USE PERMIT FOR DRIVE-THRU FACILITY AND VARIANCE TO FRONT YARD SETBACK, NORTHGATE WEST CENTER Director Napolitano informed Council the Applicant is requesting a Conditional Use Permit to allow drive-thru lanes and a drive-up ATM kiosk for the new Home State Bank in the Northgate West Shopping Center. The bank is allowed as a permitted use in the C-5 zoning district, as Home State Bank owned the property prior to zoning code amendments prohibiting new banks in the C-5 District. The City's required front yard setback is thirty feet; however, this property was platted with a 50-foot setback. The requested drive-up ATM kiosk encroaches into the 50-foot front yard setback, but not into the City's 30-foot standard setback. The request meets the criteria set forth in the zoning code for conditional use permits and variances. Drive-thru lanes are ' typically associated with a bank and the proposed layout efficiently moves traffic throughout the site. January 30, 2006 Page 3 t Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on January 5, 2006 unanimously recommended approval of: -- • A Conditional Use Permit for the drive-thru lanes and drive-up ATM kiosk; and • A Variance to allow the encroachment of the ATM kiosk into the 50-yard front yard setback. In attendance were Jim Zambon and Scott Thompson on behalf of Home State Bank. Alderman Peterson expressed concerns regarding the necessity of a kiosk in tho setback area. Alderman Condon opined she preferred the kiosk structure. A discussion ensued. Responding to an inquiry Director Napolitano stated the lot is 6-8 feet below grade of State Route 31. Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to approve an ordinance regarding the Home State Bank facility in Northgate West Subdivision to: e Grant a Conditional Use Permit for drive-thru lanes and a drive-thru ATM kiosk; • Grant a Variance for encroachment of the ATM kiosk into the 50-foot front yard setback. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay:. Glab, Peterson. Absent: None. Motion carried. RELEASE OF UNDERGROUND STORAGE TANK ESCROW FOR RIVIERA MARINA City Administrator Maxeiner informed Council that as part of a planned series of improvements to the Central Wastewater Treatment Plant (CWWTP) the City took steps to acquire the Riviera Marina property adjacent to the CVW TP in 1999. Ultimately, the City had to initiate an eminent domain process to facilitate the purchase. A Settlement Agreement was reached whereby the City paid $3.1 million for the property. The City closed on the property in June 2000. The property was known to have leaking underground storage tanks and the Settlement Agreement required $100,000 be placed in escrow to ensure adequate funds were available to facilitate tank removal and remediation. City Administrator Maxeiner stated the tanks have been removed and the City has received a letter from the Illinois Environmental Protection Agency (IEPA) indicating no further remediation is required. City Administrator Maxeiner informed Council the invoices have been tallied and Seller is requesting release of the balance of the escrowed funds, together with interest earnings, as specified by the Settlement Agreement. Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to approve the release of escrow funds held for the underground storage tank removal and sit$ remediation at the Riviera Marina, plus interest, amounting to a total of $123,400.50; and authorizing Staff to release any L.U.S.T. reimbursement for the project in excess of$10,000 to January 30, 2006 Page 4 William H. and Kenneth R. Bruce, Sellers. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. _. AWARD OF BID FOR MCHENRY SHORES BEACH STREAM BANK STABILIZATION TO COOLING LANDSCAPE CONTRACTING LLS IN THE AMOUNT OF $21,690 Director of Parks and Recreation Merkel informed Council the base bid submitted by Cooling Landscape Contracting LLC of Cherry Valley, Illinois, in the amount of $21,690 for stream bank stabilization along the Fox River at McHenry Shores Beach, is recommended by Hey &Associates, Inc. Director Merkel stated Hey & Associates has indicated the project may require some material removal from the site. The Army Corps of Engineers is requesting a site visit to inspect the proposed restoration. The work is proposed as a cut and fill project, which would not extend the shoreline into the waterway. It was noted a decision by the Army Corps of Engineers to remove an equal amount of fill from the site could result in additional cost. Hey & Associates and Staff will be meeting with representatives of the Corps to discuss the design of the project. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to award the bid for the McHenry Shores Beach Stream Bank Stabilization to Cooling Landscape Contracting LLC in the amount of$21,690. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. BUDGET AMENDMENT TO THE CAPITAL IMPROVEMENTS FUND, PARKS DONATION FUND, IN THE AMOUNT OF $485,000 FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK AND AWARD OF BID FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK TO DK CONTRACTORS, IN THE AMOUNT OF $482,065,31 Director Merkel reiterated to Council that plans for the development of the Shamrock Farms Park were approved in 2003. A contract was approved with 3D Design Studio on October 3, 2005 to provide final design, bid specifications and construction documents. Director Merkel informed Council that on January 17, 2006 bids were opened for the construction of all facilities in the approved plan. Seven competitive bids were received from regional contractors. Each of the bids was reviewed by Staff who recommends acceptance of the combination of the base bid and alternative bid no. 1 submitted by DK Contractors of Pleasant Prairie, Wisconsin, in the amount of $482,065.31. Director Merkel noted that DC Contractors has satisfactorily completed work for the City in the past, most notably the Freund Field paving and ball field renovation in 2004/2005. January 30, 2006 Page 5 City Administrator Maxeiner informed Council that funding for the project would be through Park Donations Fund. He noted a line item was not included for the development of the park in the 2005/2006 Budget. Alderman Murgatroyd stated he would not support this item, reiterating he has an issue proceeding with a project of this magnitude preceding completion and adoption of the Parks Master Plan. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to approve the following: • A budget amendment of $485,000 to the Capital Improvements Fund (Park Donations Fund) for the development of Shamrock Farms Park; and • To award the bid for the Shamrock Farms Park Development to DK Contractors of Pleasant Prairie, Wisconsin, in the amount of$482,065.31. Mayor Low recognized Rob Parrish of Parrish Paving. Mr. Parrish addressed Council stating he was confused by the recommendation presented to Council, as his bid was the lowest submitted for the project. Mr. Parrish stated he made several calls to Director Merkel inquiring about Staffs recommendation to award the project; however, the calls were not returned. Mayor Low informed Mr. Parrish that a motion has been made to award the bid to DK Contractors.. Alderman Condon asked Director Merkel about the bid amount submitted by DK Contractors regarding the asterisk which indicated there was a math error. City Administrator Maxeiner suggested this item be tabled pending further discussion and resolution of Mr. Parrish's inquiry. Mayor Low respectfully requested Alderman Condon consider withdrawing her motion pending City Administrator's investigation into the matter and further discussion. Alderman Condon withdrew her motion. Alderman Peterson withdrew his second. The Motion was withdrawn. BUDGET AMENDMENT TO THE UTILITY IMPROVEMENTS FUND, CAPITAL DEVELOPMENT FUND, IN THE AMOUNT OF $16,000 FOR ENGINEERING SERVICES FOR WATER_ PLANT NO. 5: AND APPROVAL OF AN ENGINERING SERVICES AGREEMENT WITH _SMITH ENGINEERING CONSULTANTS, INC. FOR TREATMENT COST COMPARISON STUDY AND ANALYSIS FOR WATER SUPPLY WELL NO. 13, IN AN AMOUNT NOT-TO-EXCEED $16,720 Director of Public Works Marcinko informed Council that drilling has been completed on Well No. 13 located adjacent to Dartmoor Drive in the Legend Lakes Subdivision. Upon, its completion water samples were taken to determine levels of bacterial and chemical contaminants. Radium and barium levels, which are typical occurrences in deep wells, were '�- discovered to be above the IEPA's maximum contaminant levels and additional treatment is necessary prior to distribution of the water. January 30, 2006 Page 6 Smith Engineering Consultants Inc. (SEC) has submitted an Engineering Services ^— Agreement for a cost comparison analysis for providing treatment for Well No. 13, in an amount not-to-exceed $15,720. The proposed agreement from SEC would provide an analysis of the options available in addition to capital cost and tentative schedule for each treatment system. Director Marcinko stated this item has not been budgeted for the current year and, therefore, requires a budget amendment in the Utility Improvements Fund. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve the following: • A budget amendment to the Utility Improvements Fund in the amount of $16,000 for engineering services for Water Plant No. 5; and • An Engineering Services Agreement with Smith Engineering Consultants, Inc. for a treatment cost comparison study and analysis for the Water Supply Well No. 13, in an amount not-to-exceed $15,720. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. BUDGET AMENDMENT TO THE CAPITAL IMPROVEMENTS FUND, GENERAL REVENUE FUND, IN THE AMOUNT OF $12,000 FOR ENGINEERING SERVICES FOR MILLER ROAD PROJECT FROM ROUTE 31 EAST TO GREEN STREET: AND ENGINEERING SERVICES AGREEMENT WITH SMITH ENGINEERING CONSULTANTS, INC. FOR $10,390 TO PREPARE, SUBMIT AND FOLLOW THROUGH ON FUNDING REQUESTS FOR CMAQ AND HSIP FUNDS FOR MILLER ROAD PRJECT City Administrator Maxeiner reiterated to Council that the City has obtained significant commitments for grants from the Federal Government for improvements to the intersection of State Route 31 and Bull Valley/Miller Road and to Miller Road from State Route 31 east to Green Street. City Administrator Maxeiner informed Council that time constraints exist regarding spending the funds, which require an ambitious project schedule. City Administrator Maxeiner indicated additional grant funds might be available for this significant project, roughly estimated at $8,000,000. Smith Engineering Consultants (SEC) has prepared an engineering services agreement, at an estimated amount of $10,390 for the preparation, submission and follow-through of grant requests for CMAQ and HSIP funds. It was noted that funds for this project have not been budgeted in the 2005/2006 fiscal year. Staff is requesting the following: • A budget amendment to the Capital Improvements Fund in the amount of $12,000 for engineering services for the Miller Road Project from Route 31 east to Green Street; and _ • Approval of an engineering services agreement with SEC for $10,390 to prepare, submit and follow-through on funding requests for CMAQ and HSIP funds for the Miller Road Project. January 30, 2006 Page 7 Motion by Condon, seconded by Peterson, to accept Staffs recommendation to approve the following: • A budget amendment to the Capital Improvements Fund in the amount of $12,000 for engineering services for the Miller Road Project from Route 31 east to Green Street; and Approval of an engineering services agreement with Smith Engineering Consultants Inc in the amount of$10,390 to prepare, submit, and follow-through on funding requests for CMAQ and HSIP funds for the Miller Road Project. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT ' Mayor Low had no statement or report. COMMITTEE REPORTS Alderman Condon shares the minutes from the M.Y.A.C. Board Meeting of January 26, 2006 with Council announcing that the After Hours Program has been extremely successful. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no future agenda items discussed. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Murgatroyd, seconded by Santi, to adjourn to Executive Session to discuss Potential Litigation at 8:40 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Executive Session convened at 8:48 p.m. Motion by Wimmer, seconded by Murgatroyd, to return to Open Session at 8:59 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 8:59 p.m. January 30, 2006 Page 8 OPEN SESSION Motion by Wimmer, seconded by Murgatroyd, to ratify the action of City Attorney and Staff regarding eviction notice service upon Crossroads Counseling at the Medical Arts Building, 1110 North Green Street. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Schaefer, to adjourn the meeting at 9:01 p.m. Voting Aye: Santi} Glab, Schaefer} Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:01 p.m. r MAYOR ITY CL