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HomeMy WebLinkAboutMinutes - 11/04/2002 - City Council REGULAR MEETING NOVEMBER 4, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, November 4, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director Community Development Napolitano, Director Public Works Marcinko, Director Parks and Recreation Merkel and Chief of Police O'Meara. Absent: None. PUBLIC HEARING: PRE-ANNEXATION AGREEMENT— HOWE PROPERTY Mayor Althoff at 7:32 called to order the Public Hearing for the Pre-Annexation Agreement between the City of McHenry and the Robert Howe Trust for the property located at the northeast corner of Illinois Route 120 and Wonder Lake Road. In attendance was Attorney Joseph Gottemoller representing the petitioners. Attorney Gottemoller stated the petitioners wish to annex to the City of McHenry as opposed to being forcibly annexed to the Village of Wonder Lake. The subject property is comprised of approximately 127 acres located just west of the Meyer Material expansion. At this time the property owners do not have development plans for the property. The pre- annexation agreement would permit annexation and development within the City of McHenry when the petitioners are ready to proceed with specific plans for its development. Attorney Gottemoller summarized the pre-annexation agreement, noting: • The petitioners are seeking C-5 Highway Commercial District upon annexation to the City; The petitioners are requesting the City waive annexation fees normally assessed in the amount of$63,355 based on the rate of$500/acre for commercially zoned property; • A provision includes an "out" clause which would permit the petitioners to end the agreement subject to specific terms and conditions; • A provision includes agreement by the City to pay '/ the costs incurred by the petitioners in an amount not-to-exceed $1,500, to oppose forced annexation of their property by the Village of Wonder Lake. Alderman Bolger opined the pre-annexation agreement is a fair document. Mayor Althoff suggested Council discuss the shared legal fees to fight the forced annexation as outlined in paragraph 4 of the agreement. Alderman Murgatroyd stated clarification should be made as to the specific costs which could be reimbursed. Some discussion followed. Mayor Althoff inquired if there was anyone present who wished to make a statement or comment regarding the Howe Pre-Annexation Agreement. There were none. In response to Mayor Althoffs inquiry, City Clerk Jones stated there were no written or verbal comments received in the Office of the City Clerk regarding this matter. November 4, 2002 Page 2 Motion by Glab, seconded by Murgatroyd, to close the Public Hearing at 7:55 p.m. --` Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Murgatroyd, to direct Staff to prepare an ordinance authorizing the Mayor and City Clerk's execution of the Pre-Annexation Agreement with the Robert Howe Trust for the 127 acre parcel north of Route 120 and east of East Wonder Lake Road. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT Mark Fowler of Edgebrook Heights Subdivision addressed Council regarding the quality of the roadwork recently completed in his subdivision. Mr. Fowler stated his sewer line was broken during the roadwork construction. He stated he would like assistance from the City in paying for the sewer line repair. Mayor Althoff responded noting Staff would investigate the matter and provide Council with an analysis of the situation. CONSENT AGENDA Responding to Alderman Bolger's inquiry, City Clerk Jones stated the historical documents are 100 year old ledgers provided to the City after discovery in the vault at the McHenry County Treasury. They are in a state of decay and will decay further without attention. Many residents have expressed interest in the information contained in the ledgers. Motion by Bolger, seconded by Low, to approve the Consent Agenda as presented: ■ Engineering Services Agreement with Smith Engineering Consultants for the Plan Development and NPDES Phase II; ■ Authorize Mayor's signature of NIMED Authorization Letter to utilize Series 1999 Bond Proceeds for the Construction of a New Medical Office Building; ■ Waive bid process and approve purchase of Holiday Banners and Decorations from Temple display in an amount not-to-exceed $11,668.75; ■ Waive bid process and authorize purchase of Public Works Mowing Tractor Equipment from Dittamore Implement Company in an amount not-to-exceed $18,224; ■ Waive bid process and authorize purchase of mowing equipment from Lewis — Equipment in an amount not-to-exceed $10,700; ■ Ordinance granting conditional use permit for a religious institution to Stone Ridge Community Church, 768 Ridgeview Drive; ■ Ordinance granting a conditional use permit for a drive-thru facility to Wendy's International at 2433 North Richmond Road; November 4, 2002 Page 3 ■ Hire Ridgeview Electric to perform electrical improvements at Whispering Oaks Park in an amount not-to-exceed $8,000; ■ Approve the expenditure of $1,361 and to hire Brown's River Records Preservation Services to deacidify, mend and bind certain historical documents; ■ McHenry City Council Minutes: ■ October 7, 2002 regularly scheduled meeting; ■ October 21, 2002 regularly scheduled meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. In response to Council inquiry, Director of Parks and Recreation Merkel noted the Holiday Banners and Decorations would be received and displayed, and the lighting improvements would be completed, prior to the City's Annual Christmas Tree Lighting on Sunday, December 8, 2002. RECOMMENDATION TO SUPPORT THE UPPER ILLINOIS RIVER VALLEY DEVELOPMENT AUTHORITY (UIRVDA) PROPOSAL TO ISSUE REVENUE BONDS ON BEHALF OF PLASPROS, INC. Mayor Althoff stated the Upper Illinois River Valley Development Authority (UIRVDA) recently approved an application submitted by Plaspros Inc. of McHenry for Industrial Revenue Bonds in the amount of $5,000,000. Plaspros will utilize the bond proceeds to finance capital improvements to their facility located at 1143 Ridgeview Drive in McHenry. Mayor Althoff noted the City of McHenry must indicate its support or any reason for denial of the request within 45 days of receipt of official notification regarding the bonds. Notification was received on October 3, 2002. Mayor Althoff noted this is the first time any business entity in McHenry County has utilized UIRVDA funds following State Senator Dick Klemm's lobbying for the money. Motion by Glab, seconded by Low, to approve the issue of Industrial Revenue Bonds in the amount of $5,000,000 to Plaspros Inc. from the Upper Illinois River Valley Development Authority (UIRVDA), and to direct the Mayor to send notification stating same to U I RVDA. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE TO MUNICIPAL CODE CHAPTER 4. SECTION 4-6(7) SPECIAL EVENT LIQUOR LICENSE— PLUM GARDEN, 3917 WEST MAIN STREET Acting Administrator Lockerby stated the City is in receipt of a Special Event Liquor -� License Application from Plum Garden Restaurant. Plum Garden would like to participate in the McHenry Downtown Christmas Walk on Sunday, November 101'. The restaurant is proposing to host a wine-tasting sale event. Plum Garden is seeking a Special Event November 4, 2002 Page 4 Liquor License to allow the sale of packaged wine for its wine-tasting sale. Acting Administrator Lockerby noted the Municipal Code Chapter 4 paragraph 7 allows for the retail sale of alcoholic liquor for consumption on the premises. As the applicant is seeking permission to sell packaged liquor by the bottle or case which would ultimately be consumed off-premises, a variance as to this provision of Chapter 4 is required. It is Staffs recommendation the applicant be granted a variance to permit the sale of packaged liquor through the issuance of a Special Event Liquor License for November 10, 2002. Motion by Glab, seconded by Low, to pass an ordinance granting a variation to Plum Garden Restaurant, located at 3917 West Main Street, to permit the issuance of a Special Event Liquor License for the retail consumption of alcoholic liquor on the premises and to permit the sale of packaged liquor for off site consumption, for the Special Event to be held on Sunday, November 10, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ORDINANCES: _ APPROVING EXECUTION OF ANNEXATION AGREEMENT AMENDMENT: GRANTING ZONING MAP AMENDMENT: GRANTING CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES LOT: APPROVING FINAL PLAT GARY LANG SUBDIVISION In attendance was Attorney Daniel Curran of Campion, Curran, Rausch, Gummerson and Dunlop. Director Community Development Napolitano reminded Council at its October 21, 2002 meeting lengthy discussion occurred regarding Gary Lang's proposal for an amendment to the Gary Lang Annexation Agreement, as well as Mr. Lang's request for zoning reclassification to C-5 Highway Commercial District, conditional use permit for an automobile sales lot and ancillary uses, and approval of the submitted Final Plat of the Gary Lang Subdivision. Following discussion, several changes were recommended by Council, namely: • Payment of cash in lieu of sidewalk installations along Route 31. The fees will be deferred until development of Lots 4, 5, and 6. • Language to allow four (4) temporary banners, 48 square feet each, no more than 10 weeks a year, was added to Exhibit C. • Language addressing banners on light poles was moved to the permanent signage section on page 7. — • Clarify language relating to building and parking setbacks Director Napolitano stated it was Council's direction that Staff draft the necessary ordinances including the aforementioned changes. November 4, 2002 Page 5 Motion by Bolger, seconded by Glab, to pass and approve an ordinance authorizing the Mayor and City Clerk's execution of the Gary Lang Annexation Agreement for the property located in Gary Lang Subdivision, west of Illinois Route 31 and east of the McHenry Corporate Center. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Althoff. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Glab, to pass and approve an ordinance granting to petitioner Gary Lang for the property located west of Route 31 and east of the McHenry Corporate Center, the zoning reclassification to C-5 Highway Commercial District; granting a conditional use permit to allow an open sales lot for automobile and truck sales and ancillary services; approving the Gary Lang Subdivision Final Plat as prepared by Thomas Cichowski, dated 6/24/02 and last revised 10/22/02. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE— KFC RESTAURANT, 4503 WEST ELM STREET Director Community Development Napolitano stated KFC of McHenry is requesting a sign variance for their free-standing sign from the required five feet to a zero foot setback. He noted with the taking by Illinois Department of Transportation (IDOT) of land to expand the Route 120 right-of-way, the KFC sign would then be located on the lot line and would no longer retain at least a five foot setback. Director Napolitano stated it is Staffs recommendation to approve the request. Alderman Glab suggested Council address the issues along Route 120 as a whole, as there will be many businesses experiencing similar circumstances. Alderman Murgatroyd concurred with Alderman Glab. Motion by Bolger, seconded by Low, to approve the sign variance for a zero foot setback to KFC Restaurant located at 4503 West Elm Street for a free-standing sign. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR RENEWAL OF SIGN PERMIT FOR OFFSITE ADVERTISING SIGNS FOR BOONE CREEK SUBDIVISION — GERSTAD BUILDERS AND AMERICAN HERITAGE BUILDERS Director Community Development Napolitano stated in October of 1998 Council approved the installation of two offsite advertising signs for the Boone Creek Subdivision. -� One sign was located on the northwest corner of Crystal Lake Road and Bull Valley Road. The other sign was located at the southeast corner of Draper Road and Route 120. Director Napolitano noted the approval was subject to the condition the applicants, November 4, 2002 Page 6 Gerstad Builders and American Heritage Builders, return annually for review and extension of the permit. It is Staffs recommendation to renew and extend the permit until October 1, 2003. Motion by Glab, seconded by Wimmer, to renew and extend until October 1, 2003 the sign permits granted to Gerstad Builders and American Heritage Builders for offsite signs advertising Boone Creek Subdivision for two signs to be located: • At the northwest corner of the intersection of Crystal Lake Road and Bull Valley Road; • At the southeast corner of the intersection of Draper Road and Route 120; Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. DISCUSSION REGARDING PROPOSED METRA TRAIN YARD IN JOHNSBURG Mayor Althoff reminded Council discussion occurred at the October 21, 2002 regularly scheduled meeting regarding the proposed Metra Train Yard to be located in Johnsburg. At that time Council requested both Metra representatives and Village of Johnsburg representatives be invited to attend this evening's Council meeting to participate in an informational dialogue regarding this proposal. Both entities declined the invitation to meet with Council as negotiations are still ongoing. However, both Metra and the village of Johnsburg have expressed their willingness to meet at a later date following the conclusion of current negotiations. Mayor Althoff opened the floor to Council questions and/or comments regarding this issue. Alderman Murgatroyd expressed his disappointment that Metra and the Village of Johnsburg declined the invitation to speak at this evening's meeting. He noted he is uncomfortable with the lack of disclosure regarding the proposed plan. Alderman Low stated the Metra proposal greatly affects the constituents in her ward. She expressed her frustration in being unable to respond to questions posed by her constituents. Alderman Glab iterated he is in favor of petitioning Metra stating the lack of support experienced by the City. Alderman Murgatroyd suggested the City request via Freedom of Information Act a copy of the Village of Johnsburg's list of 21 concerns which were submitted to Metra. Aldermen Low, Murgatroyd and Bolger went on record objecting to the Metra rail yard proposal to locate a facility in Johnsburg until clarification is received regarding the project. Motion by Bolger, seconded by Murgatroyd, to direct Mayor Althoff to send a letter of the City of McHenry's objection regarding the Metra rail yard and station proposal to be located in the Village of Johnsburg, pending clarification of concerns addressed, and that copies of the correspondence be forwarded to Senator Klemm, Representative Franks, November 4, 2002 Page 7 and the Village of Johnsburg. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO APPROVE ADDITIONAL EXPENDITURE FOR LANDSCAPING FOR THE NORTH INTERCEPTOR SEWER PROJECT — CUSTOM LANDSCAPING DESIGN AND CONSTRUCTION Director Marcinko stated as previously reported, the North Interceptor Sewer Project awarded to George Kennedy Construction, began experiencing cost overruns on March 2002. As any further expenditure is beyond the original amount budgeted for this project, Council approval is required prior to payout. Director Marcinko noted Custom Landscaping and Design was contracted to provide landscape and screening of the Weber Park Lift Station which a part of the entire North Interceptor Sewer Project. The cost for this service was $15,268. It is Staffs recommendation to authorize payment to Custom Landscaping and Design with the amount to be charged against the North Interceptor Sewer Project account. Motion by Glab, seconded by Low, to approve the additional expenditure in the amount not-to-exceed $15,268 to Custom Landscaping and Design for the landscape and screening of the Weber Park Lift Station, with the amount to be charged against the North _ Interceptor Sewer Project account. Voting Aye: Glab, Low, Murgatroyd, Wimmer. Voting Nay: Bolger. Absent: None. Motion carried. RECOMMENDATION TO AUTHORIZE THE EXECUTION OF SMITH ENGINEERING CONSULTANTS ENGINEERING SERVICES AGREEMENT ADDENDUM NO. 2 FOR RIGHT-OF-WAY ACQUISITION COORDINATION AND FUNDING ASSISTANCE SUBMITTAL — MCCULLOM LAKE ROAD/ROUTE 31 IMPROVEMENTS PROJECT Director Marcinko stated the City of McHenry has entered phase two of the Engineering Agreement with Smith Engineering for the preparation of final contract plans and specifications for the Route 31 and McCullom Lake Road intersection improvements. Director Marcinko noted in response to recent policy changes by Illinois Department of Transportation (IDOT), the City amend the contract plans and specifications. Consequently, Smith Engineering is requesting an amendment to their Engineering Services Agreement in the amount of $18,941 for this project. This project was included in the approved 2002-2003 Budget. It is Staffs recommendation to approve the request. In response to Council inquiry, Director Marcinko stated the map for right-of-way acquisitions will be provided in this week's Friday Report. Motion by Bolger, seconded by Glab, to approve and authorize the Mayor and City Clerk's execution of the Second Amendment to the Smith Engineering Consultants Engineering Services Agreement for the Right-of-Way Acquisition Coordination and November 4, 2002 Page 8 Funding Assistance Submittal for the McCullom Lake Road/Route 31 Intersection --` Improvements Project in an amount not-to-exceed $18,941. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO APPROVE BAXTER AND WOODMAN ENGINEERING SERVICES AGREEMENT FOR DESIGN OF STANDBY ENGINE GENERATOR FOR DONOVAN STREET PUMPING STATION Director Marcinko stated as a result of the Intergovernmental Agreement with the Village of McCullom Lake to provide sanitary sewer service, it has become necessary to install a standby engine generator for the Donovan Street Pumping Station. Baxter and Woodman has submitted an Engineering Services Agreement in the amount of $9,100 to design the generator including ancillary equipment and electrical modifications at the Donovan Street Pumping Station. Director Marcinko noted this project has been included in the 2002-2003 Budget. It is the recommendation of Staff to approve the agreement. Motion by Low, seconded by Murgatroyd, to approve and authorize the Mayor and City Clerk's execution of an Engineering Services Agreement with Baxter and Woodman to design a standby engine generator for the Donovan Street Pumping Station in an amount _ not-to-exceed $9,100. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO APPROVE BAXTER AND WOODMAN ENGINEERING SERVICES AGREEMENT FOR THE EXPANSION OF THE SOUTH WASTEWATER TREATMENT PLANT Director Marcinko reminded Council at its September 16, 2002 regularly scheduled meeting Baxter and Woodman was awarded the project to design the expansion of the South Wastewater Treatment Plant. The Baxter and Woodman Engineering Services Agreement for the project in the amount of $270,000 is being submitted for Council approval. The engineering for this project is budgeted in 2002-2003 in the Utility Improvement Fund. Director Marcinko stated it is Staffs recommendation to approve the agreement. Motion by Bolger, seconded by Glab, to approve and authorize the Mayor and City Clerk's execution of an Engineering Service Agreement with Baxter and Woodman for the design of the South Wastewater Treatment Plant Expansion in an amount not-to-exceed $270,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. November 4, 2002 Page 9 RECOMMENDATION TO AWARD CONTRACT FOR DESIGN OF ELEVATED WATER TANK NO. 4 TO BAXTER AND WOODMAN Director Marcinko stated pursuant to Council direction, Staff was asked to prepare a request for qualifications for the Elevated Water Tank No. 4. The request for qualifications was submitted to both City Engineers, Baxter and Woodman and Smith Engineering. Each of the two firms was then evaluated based upon the criteria requested. Following an assessment of the results of the request, it is Staffs recommendation to award the contract for design of Elevated Water Tank No. 4 in an amount of $150,000. Director Marcinko noted the engineering for this project has been included in the 2002-2003 budget in the Utility Improvements Fund. Alderman Low, stating she had a high regard for both engineering firms, inquired why one was chosen over the other. In response to her inquiry, Director Marcinko stated Staff was asked to evaluate the performance of both firms and compare the firms based on specific criteria with attention given to experience. Alderman Glab stated he would like to see exploration of water tower placement at an alternate location which would provide less impact upon the residents. Motion by Bolger, seconded by Murgatroyd, to approve and authorize the Mayor's execution of a contract with Baxter and Woodman for the design of Elevated Water Tank No. 4 in an amount not-to-exceed $150,000 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Althoff reported she and Acting Administrator Lockerby on Thursday,. November 7t' will be attending the Public Hearing at the Northeastern Illinois Planning Commission in Chicago at 9:00 a.m. regarding the City's proposed amendment to our Facility Planning Area. Mayor Althoff announced there would be a combined Veteran's Day Program at the McHenry VFW building on Monday, November 11tt' at 10:00 a.m. Mayor Althoff reported she received a letter from Terra Cotta Industries regarding the proposed annexation of the Krumholz Property on Route 31. Further information will be provided in this week's Mayor's Report. In response to Mayor Althoffs inquiry, it was the consensus of Council to set a Committee of the Whole Meeting for Tuesday, November 12, 2002 at 7:00 p.m. to discuss the YMCA Joint Venture for a Recreation Center. Mayor Althoff noted the Agenda for the November 11th Council Meeting is light with the possible exception of the discussion regarding the West McHenry Bypass as �- requested by Alderman Glab. November 4, 2002 - Page 10 COMMITTEE REPORTS Finance and Personnel Chairman Alderman Murgatroyd scheduled a Finance and Personnel Committee Meeting for Monday, November 11, 2002 at 6:30 p.m. in the Aldermen's Conference Room to review the interview policies for department heads. DEPARTMENT HEAD REPORTS Director Parks and Recreation Merkel reported the Downtown Christmas Walk is scheduled for Sunday, November 10th. Director Merkel suggested a Parks and Recreation Committee Meeting be scheduled for Thursday, December 12". Alderman Low requested the date be tentatively reserved pending notification and availability of Parks and Recreation Committee Members. Director Community Development Napolitano reported the gutters have been installed on the Main Street Station. Director Napolitano also reported the Meyer Material Air Quality Study laboratory results should be received this afternoon. He will provide a full report to Council as soon as it is available. NEW BUSINESS There was no New Business. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting a 9:29 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:29 p.m. All il A A ZL- (L fe MAYOR CITY C