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HomeMy WebLinkAboutMinutes - 03/05/2007 - City Council REGULAR MEETING MARCH 5, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, March 5, 2007 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Peterson and Condon. Absent: Alderman Wimmer. City Staff in attendance were: City Administrator Maxeiner, City Attorney David Rogers, City Clerk Jones, Deputy Administrator Martin, Assistant Administrator Hobson, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Parks and Recreation Merkel. Absent: City Attorney McArdle, Director of Finance Black. Mayor Low invited Andrew Unrath and Boy Scout Troop 455 to lead the assembly in the Pledge of Allegiance. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Schaefer, seconded by Santi, to approve the Consent Agenda as presented: A. Request for final payment for 2005 Street Program to Peter Baker and Sons in the amount of$2,111.99; B. Request for final payment for dismantling and relocating the historic Pearl Street -- Bridge to V.J. Mattson Company in the amount of$32,888; C. Change Order No. 3 for Municipal Drive Project decreasing the total amount of the project by $76,753.57; D. Ordinance proposing the establishment of Backup Special Service Area No. 11 — Townhomes of Prairie Lakes Subdivision; E. Release of Letter of Credit No. 92931269 in the amount of $60,943.40 regarding Legend Lakes Neighborhood 2; F. Letter of Credit Reduction for Patriot Estates Phase 1 to $222,458,62; G. Picnic and Special Use Permit Requests; H. Executive Session Minutes of the following: February 3,2003 March 31,2003 May 5,2003 December 29,2003 July 19,2004 January 31,2005 August 29,2005 September 7,2005 October 3,2005 November 7,2005 November 21,2005 December 12,2005 December 19,2005 1, January 30,2006 March 13,2006 July 10,2006 August 28,2006 March 5, 2007 Page 2 September 18,2006 October 2,2006 November 20,2006(F&P) December 4,2006(F&P) I. City Council Meeting Minutes as follows: February 12,2007 regularly scheduled meeting; February 19,2007 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. PUBLIC BID OPENING: PURCHASE OF SURPLUS PROPERTY AND REDEVELOPMENT OF 1110 NORTH GREEN STREET Deputy City Administrator Martin reminded Council on January 29, 2007, at Council's regularly scheduled meeting, approval of an ordinance was granted authorizing the sale by public bid of the City property located at 1110 North Green Street. In addition a developer's agreement was approved as to form which would allow for the redevelopment of the former Medical Arts Property. Bid specifications were prepared and bids were sought for the sale and redevelopment of this property. As the subject property is located within the City's TIF District, the bid opening must occur before full Council as prescribed in the State TIF Act. The Notice of Bid was published three times, on February 1, 2007, February 8, 2007 and February 15, 2007 as stated in the TIF Act. Deputy City Administrator Martin stated only one bid had been submitted regarding this project. He then opened the bid which was submitted by Curtis Commercial Inc. of Lake in the Hills, Illinois in the amount of $10.00. It is Staffs recommendation to award the bid to Curtis Commercial Inc. of Lake in the Hills, Illinois in the amount of $10.00 and to pass an ordinance authorizing the execution of a developer's agreement with Curtis Commercial Inc. for the redevelopment of the former Medical Arts site located at 1110 North Green Street. Aldermen Murgatroyd and Peterson expressed their pleasure the project is moving along smoothly. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to award the bid for the purchase of the City's property located at 1110 North Green Street to Curtis Commercial Inc. of Lake in the Hills, Illinois in the amount of$10.00; and to pass an ordinance authorizing the execution of a developer's agreement with Curtis Commercial Inc. for the redevelopment of the former Medical Arts site located at 1110 North Green Street. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon, Low. Voting Nay: None. Absent: Wimmer. Motion carried. March 5, 2007 Page 3 AGREEMENT WITH CENTEGRA NIMC FOR STREETS, VARIANCES, AND TRANSFER OF RIGHT-OF-WAY FOR ADDITIONAL TRANSPORTATION IMPROVEMENTS In attendance were Mr. Hershey of Centegra NIMC and Joe Vavrina of SEC Inc. City Administrator Maxeiner stated Council had previously considered participating in a road improvement project with Centegra NIMC. The project involved NIMC's ring road which surrounds the hospital. The improvements would connect hospital traffic to signalized intersections at Ridgeview Drive and Shamrock Lane. In addition, the Lawrence Parkway at Bull Valley Road and Medical Center Drive at Route 31 access points would be converted to right-in/right-out. City Administrator Maxeiner noted Council has previously agreed in concept to contribute financially in the amount of$950,000 (payable from the City's Annexation Fund) toward these transportation improvements in exchange for the dedication of a significant amount of parkway from NIMC for the City's transportation improvements along Route 31 and Bull Valley Road. City Administrator Maxeiner stated both parties have agreed to the particulars of this arrangement as specked in the Road Construction Agreement before Council for consideration this evening. It is Staffs recommendation: 1] to pass an ordinance amending Ordinance No 0-97-818 and Ordinance No 0-97-821 relating to Centegra NIMC's Traffic Circulation Plan and approving the Road Construction Agreement with Centegra NIMC; and _ 2] to authorize the Mayor's execution of a Road Construction Agreement with Centegra NIMC; as presented. In response to Alderman Murgatroyd's inquiry, Deputy City Administrator Martin stated there is currently 34-feet back-to-back pavement for the collector road. Alderman Murgatroyd opined the overall concept is sound. He believes the interior roadway is an enhancement. Aldermen Peterson and Condon concurred with Alderman Murgatroyd. Alderman Glab expressed concern regarding the sidewalks. He noted the sidewalk placement is not clear on the proposed circulation plan. Mr. Hershey responded stating it is the hospital's plan to work with the City to comply with the City's ordinance. Alderman Glab stated he is not satisfied that $40,000 would be sufficient to install sidewalks on the campus. City Administrator Maxeiner stated it is to the City's benefit to move forward with this project and Staff believes $40,000 would cover the cost of sidewalk installation as required by ordinance. Alderman Schaefer inquired as to the hospital's proposed time table for the project. Mr. Vavrina responded noting the project would be let for bid in approximately two to three weeks. Construction would begin about mid-April and it should be substantially complete by August or September. Alderman Glab inquired how the roadway improvement construction would impact the hospital. Mr. Hershey responded the construction would be monitored closely and March 5, 2007 Page 4 there would be minimal interference. City Administrator Maxeiner noted Staff will work closely with SEC Inc. during the construction process to ensure minimal impact. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to 1] to pass an ordinance amending Ordinance No 0-97-818 and Ordinance No 0-97-821 relating to Centegra NIMC's Traffic Circulation Plan and approving the Road Construction Agreement with Centegra NIMC; and 21 to authorize the Mayor's execution of a Road Construction Agreement with Centegra NIMC; as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Peterson, Condon Voting Nay: Glab. Absent: Wimmer. Motion carried. MCHENRY AREA CHAMBER OF COMMERCE REQUEST FOR USE OF PETERSEN PARK FOR FAMILY FAITH NIGHT EVENT ON JULY 28, 2007 Assistant City Administrator Hobson stated the McHenry Area Chamber of Commerce has hosted a Family Faith Night Event for four years in conjunction with its annual Fiesta Days Celebration. This year there is a scheduling conflict and the chamber is requesting the event be held outside of the Fiesta Days celebration. The chamber is -- requesting use of Petersen Park Beachfront Area on Saturday, July 28, 2007 from 2 p.m. until 9 p.m. and is further requesting a waiver of all associated fees. Assistant City Administrator Hobson noted the event is an extremely family friendly event which has always been well-received in the community. He noted it is Staffs recommendation to approve the request as presented. Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to approve the request submitted by the McHenry Area Chamber of Commerce for a Special Use Permit at Petersen Park Beachfront Area on Saturday, July 28, 2007 from 2 p.m. until 9 p.m. to host a Family Faith Night Event, and that all associated fees be waived. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF FUEL —4019 WEST MAIN STREET In attendance was Michael Bryant of Petroliance (Boncosky Oil). Director of Community Development Napolitano stated Petroliance is seeking a conditional use permit to allow outdoor storage of fuel at their facility located at 4019 West Main Street. He noted the Planning and Zoning Commission considered this matter at a Public Hearing held on February 15, 2007 and unanimously recommended approval. March 5, 2007 Page 5 Alderman Glab stated he could not support anyone putting more money into the current development of this property. He stated he would prefer to see the property redeveloped with a different use. Responding to Alderman Murgatroyd's inquiry, Mr. Bryant stated the existing underground storage tanks are currently being used. Alderman Murgatroyd stated he concurs with Alderman Glab's concerns regarding the preferred redevelopment of the property. Director Napolitano noted some of the work being requested in the conditional use permit must be done in order for the applicant to comply with IEPA requirements. He further noted this is a functioning business which provides a service to the City. Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow the outdoor storage of bulk fuel by Petroliance (Boncosky Oil) for their facility located at 4019 West Main Street. Voting Aye: Santi, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: Glab. Absent: Wimmer. Motion carried. — SIGN VARIANCE TO ALLOW TEMPORARY BANNERS — DICK'S SPORTING GOODS, 3436 SHOPPERS DRIVE Director Napolitano stated he received correspondence from Linda S. Baynes on behalf of Dick's Sporting Goods seeking a sign variance to allow temporary banners to announce the recent opening of their new facility located at 3436 Shoppers Drive. The request is for two banners: One to be placed above the entrance to the store, 5'X25', "Now Open", to be posted until 3/23/07; One to be placed on the west wall facing Route 31, 12'X24', "Dick's Sporting Goods", to be posted until 3131/07. Director Napolitano stated Staff has reviewed the request and believes it to be reasonable. The sign ordinance permits a 32 square foot banner to be utilized as a temporary sign. A single 32 square foot banner would not be sufficient to announce the opening of the new store. It is Staffs recommendation to support the request. In addition Staff suggests the Community Development Committee review signage for store grand openings at a future committee meeting. Alderman Glab stated his support for the installation of the banners as there would be no impact on residential properties. Alderman Schaefer concurred with Alderman Glab. Alderman Murgatroyd inquired about the proposed signage on the west wall of the building. Director Napolitano responded the permanent west wall sign will be similar to the temporary banner for this location. March 5, 2007 Page 6 Motion by Glab, seconded by Schaefer, to accept Staffs recommendation to approve a temporary sign variance for Dick's Sporting Goods located at 3436 Shoppers Drive as follows: Install one sign above the entrance to the store, 5'X25', "Now Open, to be posted until 3/23/07; Install one sign on the west wall facing Route 31, 12'X24', "Dick's Sporting Goods", to be posted until 3/31/07. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. ORDINANCES GRANTING VARIANCES AND APPROVAL OF FINAL PLAT OF SUBDIVISION —TOWNHOMES OF PRAIRIE LAKES Director Napolitano stated Windsor Development has submitted a request for a variance to allow multiple buildings on a zoning lot as well as a variance to allow a reduction in the minimum lot width for their Townhomes of Prairie Lakes Subdivision. The Planning and Zoning Commission at a public hearing held on February 15, 2007, unanimously recommended approval of the variances. Director Napolitano further stated Windsor Development is seeking approval of the Final Plat of Subdivision of the Townhomes of Prairie Lakes. The Planning and Zoning Commission following review at its February 15, 2007 meeting, unanimously recommended approval of the Final Plat subject to its recordation within six months of Council approval. Alderman Condon expressed concern about the closeness of the construction to the railroad tracks; however, ultimately it would be up to the developer to sell their units. Alderman Santi concurred with Alderman Condon. Alderman Glab stated the development is too dense. He inquired about the parking for Lot 3. Director Napolitano explained there would be adequate room for parking on Lot 3. Motion by Murgatroyd, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission as follows for the Townhomes of Prairie Lakes Subdivision: 1] pass an ordinance granting a variance to allow multiple buildings on a zoning lot and allow for reduced lot width; 2] pass an ordinance approving the Final Plat of Subdivision as prepared by Terra Technology Land Surveying Inc and bearing a date of 12/04 last revised 2/5/07, subject to its recordation within six months of Council approval. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. March 5, 2007 Page 7 ORDINANCES GRANTING USE VARIANCE FOR CERTAIN NON-OFFICE USES AT 3601-3637 MUNICIPAL DRIVE Mayor Low announced the matter regarding the granting of a use variance for the property located at 3601-3637 Municipal Drive has been pulled from this evening's agenda at the applicant's request. CHANGE ORDER NO 3 FOR SOUTH WASTEWATER TREATMENT PLANT EXPANSION PROJECT Deputy City Administrator Martin noted a letter of recommendation had been received from City engineers SEC Inc. regarding Change Order No. 3 for the 0.5 mgd expansion of the South Wastewater Treatment Plant (SWWTP). The change order details the recommended amendments to the original request for the project. Deputy City Administrator Martin stated the change order results in a decrease in the contract price in the amount of$33,732.89. Deputy City Administrator Martin stated overall the bottom line for the SWWTP expansion project was completed $425,289.07 under the original contract amount of $4,954,000, for a final contract price of$4,528,710.93. Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve Change Order No. 3 for the SWWTP 0.5 mgd expansion project resulting in a decrease in project expenditures of$33,732.89. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. ENGINEERING SERVICES AGREEMENT ADDENDUM NO. 1 FOR SOUTH WASTEWATER TREATMENT EXPANSION PROJECT—SEC INC Deputy City Administrator Martin stated SEC Inc. has submitted Addendum No. 1 to the previously approved Engineering Services Agreement for additional services rendered relative to the SWWTP 0.5 mgd expansion project. As some of the additional services were due to unforeseen circumstances, and some were attributable to the contractor, the addendum charges have been split equally between the City and the contractor. The addendum before Council for consideration this evening is in the amount of $54,600. It is Staffs recommendation to approve the addendum. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve Addendum No. 1 to the SEC Inc. Engineering Services Agreement for additional services rendered for the South Wastewater Treatment Plant Expansion Project in the amount of$54,600. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: : Wimmer. Motion carried. March 5, 2007 Page 8 MAYOR— STATEMENT AND REPORT Mayor Low expressed her gratitude to the public works crews who have worked diligently to keep the City streets cleared of snow and ice this season. Mayor Low announced the District 15 Celebration of the Arts will be held at the First Midwest Bank from 4 p.m. until 7 p.m. on Thursday, March 8, 2007. COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee meeting has been scheduled for Wednesday, March 14, 2007 at 7 p.m. in the Aldermen's Conference Room. Chairman Murgatroyd requested Finance and Personnel Committee members to check their availability for meetings to discuss the 2007-2008 Fiscal Year Budget. STAFF REPORTS City Administrator Maxeiner suggested tentative dates for Finance and Personnel Committee Meetings of March 28, 2007 and April 4, 2007. Committee members were requested to contact the City Administrator's office as to their availability. Confirmation of meeting dates will be provided to Council in the Administrator's Friday Report. FUTURE AGENDA ITEMS Alderman Murgatroyd commented on Landmark Commission comments in the newspaper regarding the proposed historical district. Alderman Murgatroyd stated he believes the information provided to the newspapers was in some instances incorrect and misleading. He noted he would like to know why the Landmark Commission is taking this approach to creating the historical district. Alderman Condon stated the Landmark Commission had ten months to provide the City with the required information needed to create the historical district. The requirements referenced in the newspaper article were not "last minute". Alderman Glab stated he would like information regarding the number of snowplows the City utilizes and the number of miles of roadway in the City. City Administrator promised the information in this week's Friday Report. ADJOURNMENT Motion by Schaefer, seconded by Condon, to adjourn the meeting at 8:27 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. _ Th)e Meeting was adjour ed at 8:27 p.m. MAYOR CITY CL