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HomeMy WebLinkAboutMinutes - 07/14/2003 - City Council REGULAR MEETING JULY 14, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 14, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney Rob Fetzner, Director Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director Community Development Napolitaho. Absent: City Attorney McArdle. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session CONSENT AGENDA Mayor Low noted some packets were missing Consent Agenda Item A, Special Use/Picnic Permits. This item was removed from Consent Agenda and will be included in the July 21, 2003 regularly scheduled meeting Consent Agenda. Motion by Glab, seconded by Wimmer, to approve the Consent Agenda as amended: • B. Block Party Requests: o Kerri Kruel, 5205 West Malibu Court—August 16tn; • C. Final payment to Aldridge Electric for Crystal Lake Road/Royal Drive Intersection Improvements; k1 ....� • D. Request to advertise for bids— Public Works Street Division Vehicle; • E. Reduction in Letter of Credit— Liberty Trails Unit 1 to $205,399.62 with a Maintenance Warranty in the amount of$271,477.38; • F. Ordinance granting side yard setback at 5814 Stonebridge Trail. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR BLOCK PARTY, SPECIAL EVENT LIQUOR LICENSE AND WAIVER OF ALL ASSOCIATED FEES-POLISH LEGION OF AMERICAN VETERANS Mayor Low noted Judy Siok was. in attendance representing the Polish Legion of American Veterans. City Administrator Maxeiner stated Council has previously considered the Polish Legion of American Veterans' request independently from the Consent Agenda, as a street in the commercial district will be closed for the block party. Last year when the request was granted, specific conditions were placed upon the approval, namely: 1. the beer wagon was to be stationed on Legion property; -� 2. regular Legion Staff monitored the consumption and legal drinking age of all patrons; 3. wristbands were required to be worn by persons of legal drinking age; July 14, 2003 Page 2 4. live entertainment was permitted to perform outside from 2 p.m. until 6 p.m.; 5. a portion of Park Street between Elm Street and the north end of the Polish Legion building was closed from noon until 6 p.m.; 6. the Public Works Street Division provided street barricades. In response to Alderman Wimmer's inquiry,-'Chief of Police O'Meara noted there were no problems with the block party last year. In response to Alderman Peterson's question, Ms. Siok stated the event is open to the public. Mr. Siok stated she would personally check all id's. Motion by Wimmer, seconded by Bolger, to approve the Polish Legion of American Veterans' request to host a block party at 1304 North Park Street on Sunday, August 3, 2003 subject to the following conditions: 1. the beer wagon shall be stationed on Legion property; 2. regular Legion Staff shall monitor the consumption and legal drinking age of all patrons; 3. wristbands are required to be worn by persons of legal drinking age; 4. live entertainment is permitted to perform outside from 2 p.m. until 6 p.m.; _. 5. a portion of Park Street between elm Street and the north end of the Polish Legion building may be clA .ed from noon until 6 p.m.; 6. contact the Public Works Street Division for street barricades. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES — BURRITOVILLE, 4305 WEST ELM STREET In attendance was Mr. Pedro Barajas, store manage of Burritoville. Director of Community Development Napolitano stated the request is for a conditional use permit to serve alcoholic beverages at Burritoville Restaurant located at 4305 West Elm Street. Director Napolitano noted Mr. Barajas has indicated he would serve only beer and wine. Although the restaurant is both dine-in and carry-out, Mr. Barajas stated he would serve alcoholic beverages to those patrons dining in the restaurant. The Planning and Zoning Commission, at a Public hearing held on June 20, 2002, recommended denial of the request. Alderman Condon requested clarification that alcoholic beverages would only be r served inside the restaurant and not at the outside tables. Mr. Barajas confirmed the beverages would not be served outside of the building. Alderman Glab expressed concerns regarding the close proximity of the restaurant July 14, 2003 Page 3 to Whispering Oaks Park and the amount of foot traffic to/from the restaurant. He opined ' the location of the restaurant is not appropriate for the service of alcoholic beverages. Alderman Bolger stated the service of beer and wine in conjunction with the restaurant is appropriate. Some discussion occurred regarding the advisability of having a restaurant serving alcoholic beverages in such close proximity to Whispering Oaks Park. Alderman Peterson noted the difficulty of accessing the restaurant for west-bound patrons should be minimized when the Route 120 project is complete and the left turn lane has been installed. Director of Public Works Marcinko stated when the Route 120 five-lane improvements are completed, access to Burritoville should be easier to accomplish. In response to Alderman Murgatroyd's inquiry, Mr. Barajas stated his business is comprised of approximately 25% carryout and 75% dine in. Chief O'Meara stated there is no higher rate of accidents at the Burritoville location, as opposed to other nearby restaurants serving alcoholic beverages. In response to Alderman Murgatroyd's question, Mr. Barajas stated beer and wine would be served only during hours permitted by the liquor ordinance, probably from 11 a.m. until closing. Beer and wine would only be served in conjunction with a meal. Following a lengthy discussion, Alderman Glab reaffirmed his opinion that no alcoholic beverages should be served at a restaurant in such close proximity to Whispering Oaks Park. City Administrator Maxeiner noted any restrictions which Council would like to apply to the actual liquor license, including hours of operation, stipulation of staff BASSETT training, etc. would be addressed at the time of liquor license approval. Motion by Bolger, seconded by Condon, to direct Staff to prepare an ordinance approving the conditional use permit request to allow a restaurant serving alcoholic beverages of beer and wine at Burritoville, located at 4305 West Elm Street. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon, Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. Alderman Glab left the meeting at 7:52 p.m. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU FACILITY AND PARKING VARIANCE RUBLOFF_ TO_WNE CENTRE OUTLOT 5, OBERWEISS DAIRY Director of Community Development stated the request before Council is two-fold: • conditional use permit for Oberweiss Dairy to have a drive-thru facility in conjunction with their restaurant on the north side of the proposed multi-tenant building in Outlot 5; �- . parking variance to allow a reduction from 127 to 82 spaces. Director Napolitano noted all three proposed tenants of the building would be restaurants July 14, 2003 Page 4 which require a higher ratio of parking spaces than other retail. However, as there is a surplus of parking within the entire shopping center, the request for reduction in Outlot 5 should not cause a shortage for patrons. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on June 26, 2003, recommended approval of the applicant's requests. It is Staffs recommendation to approve both the request for-'conditional use permit and parking variance. In response to Alderman Peterson's inquiry, Director Napolitano stated the review of the applicant's request did not include any signage. The applicant would be required to adhere to the sign ordinance unless a sign variance is sought before Council at a future date. Alderman Murgatroyd inquired if the number of parking spaces include the number required for the unknown retail portion of this development. Director Napolitano-stated the parking requirements did include the retail development of the non-leased tenant areas. If a fourth restaurant leased space in this building, a request for further reduction in required parking would have to be sought. Motion by Bolger, seconded by Wimmer, to accept the recommendation of the —. Planning and Zoning Commission, and to direct Staff to Outlot an ordinance granting to Outlot 5 in McHenry Town Center: ' • a conditional use permit to Oberweiss Dairy for a drive-thru facility; • a parking variance to permit a reduction from 127 to 82 parking spaces. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. Alderman Glab returned to the meeting at 7:57 p.m. ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A MOTOR VEHICLE 'BODY SHOP AND OUTSIDE STORAGE OF DAMAGED VEHICLES—3006 WEST ROUTE 120 Director of Community Development Napolitano reminded Council the motion to direct Staff to prepare an ordinance authorizing the operation of a motor vehicle body shop including outside storage of damaged vehicles at 3006 West Route 120 was approved by a 6-1 vote at the June 30, 2003 regularly scheduled meeting. The ordinance is therefore being presented for Council approval as a separate Agenda Item. Motion by Murgatroyd, seconded by Wimmer, to pass and approve an ordinance granting a conditional use permit to allow the operation of a motor vehicle body shop including outside storage of damaged vehicles to Enoch Dobner for the property located at 3006 West Route 120; and that said ordinance includes all conditions stipulated by Council at its June 30, 2003 regularly scheduled meeting. July 14, 2003 Page 5 Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE GRANTING FINAL PLAT APPROVAL — PRAIRIE POINTE BUSINESS PARK Director Napolitano reminded Council the motion to direct Staff to prepare an ordinance authorizing the approval of the Prairie Pointe Business Park Final Plat was approved by a 6-1 vote at the June 30, 2003 regularly scheduled Council meeting. The ordinance is therefore being presented as a regular Agenda Item this evening. Motion by Wimmer, seconded by Condon, to pass and approve an ordinance granting the approval of Prairie Pointe Business Park Final Plat as prepared by Smith Engineering Consultants dated 5/27/03, subject to the Final Plat being recorded within six months of Council approval. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson Condon. Voting Nay: Glab. Absent: None. Motion carried. AWARD OF CONTRACT FOR INSTALLATION OF4 STANDBY GENERATORS FOR WATER TREATMENT PLANT NO. 4 AND DONOVAN STREET PUMPING STATION — MORSE ELECTRIC Director of Public Works Marcinko stated the installation of the standby generators was required by the IEPA following a routine inspection. Following Council authorization at its May 19, 2003 regularly scheduled meeting, the project was advertised for bids which were opened on July 1, 2003. The lowest qualified bidder was Morse Electric of Freeport, Illinois, with a bid of$166,300 for the project. Motion by Glab, seconded by Bolger, to accept Staff s recommendation and award a contract for the installation of standby generators and all related components for Water Treatment Plant No. 4 and Donovan Street Pumping Station to Morse Electric of Freeport, Illinois in an amount not-to-exceed $166,300. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF CONTRACT FOR EDGEBROOK DRAINAGE PROJECT PHASE 11 IMPROVEMENTS PROJECT— LANDSCAPE RESOURCES Director Marcinko noted Phase II of the Edgebrook Drainage Project was advertised for bid following Council's authorization at its May 19, 2003 regularly scheduled Council Meeting. Bids were opened on July 1, 2003. The lowest qualified bidder was Landscape Resources with an amount of$227,248.50. It is Staffs recommendation to award the bid to July 14, 2003 Page 6 Landscape Resources of Montgomery, Illinois. Due to the fact that a Community Development Block Grant in the amount of$179,000 has been awarded for this project, the City's out-of-pocket expense is slightly less than $100,000, which includes Baxter and Woodman's Engineering Services Agreement in the amount of$45,000. Some discussion occurred regarding the City's cost of improvements in the Edgebrook neighborhood without benefit of a Special Service Area. It was noted by Alderman Murgatroyd and Alderman Bolger, that this is merely the second phase in a multi-phase project to assist with drainage in this area of the community. Alderman Glab expressed his concerns regarding the City improving property which will enhance private property values. City. Administrator Maxeiner stated the photos provided are simply illustrations of past projects completed by the Landscape Resources. City Administrator Maxeiner also noted in 2002 the City issued bonds for Phase I and Phase II of this project. City Administrator Maxeiner stated a total of $3.9 million in bonds were issued for this. project. The actual amount for these two phases of the project was approximately $1.2 million. In addition, there are CDBG grant funds in the amount of$179,622, as referenced by Director Marcinko. This project will actually come in slightly below available bond proceeds and monies committed through the grant. Once the project is closed out, the City will approach the bond counselors and grant administrator to see what will happen with the remainder of the money set aside for this project. Carl Moon of Baxter and Woodman Consulting Engineers stated the large diameter culvert has already been installed by Edgebrook School. This greatly improved drainage in this area. The current portion of the project will improve drainage in the rear yards along the drainage ditch and stabilize the banks of the ditch. Materials to be utilized to stabilize the banks include log roll and/or or fieldstone. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation and award a contract for the Edgebrook Drainage Project Phase II improvements to Landscape Resources of Montgomery, Illinois, in an amount not-to-exceed $227,248.50. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. RECOMMENDATION TO ENTER BUSINESS ASSSOCIATE AGREEMENT — CENTEGRA HEALTH SYSTEMS Assistant Administrator Lockerby stated the proposed Agreement with Centegra Health Systems is a direct result of Health Insurance Portability and Accountability Act _.. (HIPAA). The Act is intended to ensure patients' privacy and to ensure that proper health care is administered while protecting the privacy of personal health information. The Agreement was initiated by Centegra, and reviewed and refined by the City Attorney. Alderman Peterson inquired if Police Personnel would be protected within the terms July 14, 2003 Page 7 of the Agreement. Assistant Administrator Lockerby noted there is protection for sworn personnel contained within the language of the Agreement. Alderman Glab questioned the actual need for an Agreement. Assistant Administrator Lockerby stated since the passage of HIPAA in 1996, the Act has been implemented in a tiered manner. At this point, municipalities are being required to enter into Agreements with local providers. Alderman Glab opined the Agreement provides a loophole whereby the municipality does not have to conform to HIPAA of 1996. Some discussion ensued regarding the need for the Agreement. It was Counsel's opinion the Agreement has been reviewed and will not present any difficulties to the City. Chief of Police O'Meara concurred with the City Attorney's assessment of the Agreement. Motion by Bolger, seconded by Murgatroyd, to authorize the City's execution of a Business Associate's Agreement with Centegra Health Systems pursuant to HIPAA. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low stated her first week in office has been extremely busy. She expressed her gratitude to Staff in helping her to become acclimated to her new position. COMMITTEE REPORTS Community Development Committee Chairman Alderman Wimmer announced a Community Development Committee Meeting has been scheduled for Tuesday, July 15, 2003 at 7:30 p.m. DEPARTMENT HEAD REPORTS City Clerk Jones reported magnetic signs have been ordered for the Fiesta Days Parade on Sunday, July 20, 2003. She also reminded Council of the Parade Marshall's reception on Thursday, July 17, 2003 prior to the City Band Concert. NEW BUSINESS Alderman Condon complimented Director Merkel for the Parks and Recreations Department's programs and the efficient manner in which they are run. Alderman Glab inquired as to the ownership of the property at southeast corner of the intersection of Bull Valley Road and Crystal Lake Road, He questioned the legitimacy of Inland's advertising signs on property which belongs to Church of Holy Apostles. Director Napolitano stated he would investigate the matter and provide a report to Council. ~' Alderman Glab suggested the City work in conjunction with the County in obtaining signalization of Ridgeview Drive and Bull Valley Road. He encouraged Staff to request assistance from the County Board and stated he would be willing to enter into a July 14, 2003 Page 8 partnership with the County to signalize this intersection. Aldermen Bolger and Murgatroyd concurred with Alderman Glab that a written request be submitted to local Board Committee Member Sandra Salgado. Alderman Petersen stated the City might offer to cost-share the project if that would expedite getting the intersection signalized. EXECUTIVE SESSION: PERSONNEL Motion by Bolger, seconded by Murgatroyd;•tb go into Executive Session at 8:30 p.m. to discuss Personnel. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:39 p.m. Motion by Bolger, seconded by Wimmer, to return to Open Session at 9:36 p.m. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Council went back into Open Session at 9:36 p.m. 1. Motion by Bolger, seconded by Murgatroyd, to approve the Department Head Performance Appraisals and performance-based compensation adjustments as follows: • Director of Public Works Marcinko: From Grade 25, Step 2 to Grade 25, Step 3 bringing his salary to $72, 986 annually; • Director of Parks and Recreation Merkel: A one-time bonus of $1,283 for May 1, 2002 and $1,303.50 for May 1, 2003. • Director of Community Development Napolitano: From Grade 23, Step 4.5 to Grade 23, Step 6.5, a salary of$75,908 annually. • Chief of Police O'Meara: From Grade 26, Step 6 to Grade 26, Step 7, a salary of $86,819 annually. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Alderman Murgatroyd stated he is offended by inappropriate, unfounded comments and disruptive behavior during Council meetings. July 14, 2003 Page 9 ADJOURNMENT Motion by Bolger, seconded by Wimmer, to adjourn the meeting at 9:37 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:37 p.m. MAYOR CLERK ti