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HomeMy WebLinkAboutMinutes - 06/02/2003 - City Council REGULAR MEETING JUNE 2, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, June 2, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director Public Works Marcinko, City Planner Martin, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director Community Development Napolitano. Absent: None. PRESENTATION HONORING MCHENRY POLICE OFFICERS AND MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT PERSONNEL Mayor Althoff stated the City is recognizing several Police Officers, McHenry Township 'Fire District Personnel and McHenry citizens for their courage and bravery resulting from an house fire which occurred at 3:00 a.m. on May 15, 2003 at 5508 Chasefield Circle. Mayor Althoff invited Deputy Fire Chief Phil Gust to make a presentation before Council. Deputy Chief Gust explained the persons being honored this evening contributed to the positive outcome of a house fire, which occurred on May 14, 2003. Although the residence sustained considerable damage, all family members were safe due to the courage and bravery of neighbors, fire and police personnel. He stated neighbors Bryan Buelllesbach and Sean Hough were responsible for securing the safe exit of two-year old Shane Pakula. Police Officers Popp, Kreassig and Sergeant Jones who assisted in rescuing Victoria Pakula from the structure fire. The Fire District Duty Officer Jim Amos then arrived on the scene and directed fire personnel in assisting the police officers and neighbors in securing the safe rescue of Victoria, who was unconscious as a result of smoke inhalation. Resuscitation efforts were initiated and Victoria was transported to a Level One Trauma Center. Victoria has since fully recovered from the incident as a direct result of the team effort, quick thinking and courageous response of the dispatch office, police officers, fire personnel and neighbors of the Pakula Family. Mayor Althoff presented plaques in recognition of their efforts to McHenry residents Bryan Buellesbach and Sean Hough. Fire Chief Wayne Amore presented a plaque to McHenry Township Fire Protection District Duty Officer Jim Amos for his speedy and courageous response to the events of May 15, 2003. McHenry Chief of Police O'Meara then presented Letters of Commendation to Police Officer Larry Popp, Police Officer Daniel Kreassig, and Sergeant John Jones for heroism, initiative and dedication to their profession. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Bolger, referencing Consent Agenda Item No 3, Request to Advertise for June 2, 2003 Page 2 Qualifications for Fireworks Display Contract for Services, stated the 2003 Fireworks Display contract has already been approved. City Administrator Maxeiner, responding to the inquiry, noted this is the beginning of the selection process for the provider of services for the 2004 display. Motion by Glab, seconded by Wimmer, to approve the Consent Agenda as presented: • Special Use/Picnic Permit Requests; • Block Party Requests: o Jim and Jackie Bowles — Miller Drive in McHenry Shores—August 9" o Laurie Schachtner— Crystal Trail — September 6ch; • Request to advertise for Requests for Qualifications— Firework Display Services; • Final Payment to D.L. Franzen for Excavation/Aggregate Work at Petersen Park Waterfront Improvements; • Final Payment to Custom Landscaping for sod installation at Petersen Park Waterfront; • Request to purchase duplicator from Integra Business Systems for the Parks and Recreation Department; Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _ Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE FROM JAMES AND VALERIA SIEMAN, 2101 HAZELWOOD DRIVE In attendance were property owners James and Valeria Sieman of 2101 Hazelwood Drive. Director of Community Development Napolitano stated the subject property is a corner lot. The applicants are requesting a variance to permit a 0' setback along the Riverside Drive property line of their corner lot. Noting the extensive natural screening, trees and shrubs located in the right-of-way of this property, Director Napolitano stated the impact of the fence would be minimal. The fence would not be visible from the roadway. However, the fence would provide the applicants with the privacy and security they desire. r Director Napolitano stated it is Staffs recommendation to approve the request. Alderman Glab noted precedence had already been set in granting 0' lot line fence variances to other properties adjacent to McCullom Lake Road. He expressed concern regarding possible additional requests for variance along Riverside Drive once this evening's request is granted. Alderman Low noted the fence would not be visible from the roadway and expressed her support of the request. Motion by Low, seconded by Peterson, to accept Staffs recommendation and grant the request for a 0' corner side yard setback variance for the installation of a fence to James and Valeria Sieman for their property located at 2101 Hazelwood Drive. June 2, 2003 Page 3 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. _ Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE FROM MARIO MORITA 4716 JOYCE LANE In attendance was Mario Fiorita, property owner of 4716 Joyce Lane. Director Napolitano stated the applicant's property fronts on both Joyce Lane and on Dartmoor Drive. However, there is no vehicular access from Dartmoor Drive. The yard along Dartmoor Drive is the applicant's rear yard. Director Napolitano stated the City's fence ordinance treats any yard having frontage along a street as either a front yard or corner side yard. In this instance, the yard would be considered a front yard and require a 30' setback for the installation of a fence. This restriction would greatly inhibit the applicant's utilization and safety of his rear yard. Director Napolitano noted it is Staffs recommendation to approve the variance but that the applicant maintain a 5' setback so that landscaping could be provided to break up the sight lines of the fence. The applicant has agreed with the recommendation. Motion by Condon, seconded by Bolger, to accept Staffs recommendation to grant the request for the installation of a 6' privacy fence along the Dartmoor Drive property line with a 5' setback from the property line as requested by property owner Mario Fiorita, 4716 Joyce Lane. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE FROM MARIO AND MALIEA PENUELA. 4720 JOYCE LANE In attendance were Mario and Maliea Penuela, property owners of 4720 Joyce Lane. Similar to the previous Agenda Item, Director Napolitano stated the applicant's property fronts on both Joyce Lane and on Dartmoor Drive. The yard along Dartmoor Drive Z. is the applicant's rear yard. Director Napolitano stated the City's fence ordinance treats any yard having frontage along a street as either a front yard or corner side yard. In this instance, the yard would be considered a front yard and require a 30' setback for the installation of a fence. This restriction would greatly inhibit the applicant's utilization and safety of his rear yard. The applicants are in the process of seeking a zoning variance to permit the installation of a pool this year. Director Napolitano noted it is Staffs recommendation to approve the fence variance but that the applicant maintain a 5' setback so that landscaping could be provided to break up the sight lines of the fence. The applicant has agreed with the recommendation. Motion by Peterson, seconded by Glab, to accept Staffs recommendation to grant the request for the installation of a 6' arched wood fence along the Dartmoor Drive property line with a 5' setback from the property line as requested by owners Mario and Maliea Penuela, 4720 Joyce Lane. June 2, 2003 Page 4 1 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Glab stated as long as fence Variations are being discussed along Dartmoor Drive, perhaps the Dartmoor Drive berms west of Crystal Lake Road should be reconsidered. .Mayor Althoff suggested the matter be sent to Community Development Committee for review, consideration and recommendation. REQUEST . FOR ANNEXATION, REZONING, AND USE VARIANCE — CONCETTA ARCURI, 2905 WEST ROUTE 120 In attendance was Cbncetta Arcuri, property owner of 2905 West Route 120. Mayor Althoff reminded Council the annexation, rezoning and use variance for the subject property were initially considered at Council's regularly scheduled October 14, 2002 meeting. At that time, Council expressed concerns regarding drainage in the area. Staff was directed to investigate the situation. City Engineers Baxter and Wcsodman prepared a drainage study of the immediate area. As the study has been completed, the matter is now before Council for formal action. i Director Napolitano stated several government entities would have to be involved in improving the global drainage issues of this neighborhood. Remedies would be costly. Drainage issues in the area are not solely attributable to just the applicant's installation of sanitary sewer on the subject property. Director Napolitano stated there are two issues. Staff is recommending the applicant pay a one-time contribution of $500 toward defraying the cost of the survey which cost approximately $5,000. It would then be up to Council if they wish to address the ongoing drainage problems by making some physical improvements or contributing to the cost of those improvements. Alderman Glab, noting the township and county should be involved in remedying the situation, opined the State of Illinois should also be involved in underwriting the cost of these improvements. Citing improvements to Route 120 within the past ten years. He stated the State has greatly increased the amount of pavement on Route 120 and thereby has exacerbated existing drainage problems. Additionally, Alderman Glab inquired if the neighbor to the south is satisfied that drainage has been restored to its condition prior to the installation of sanitary sewer on the Arcuri property. Director Napolitano responded the neighbor's flooding appears to be a result of the way his property is graded and pre- existing grading of property to the east of his property. Baxter and Woodman engineer Carl Moon was in attendance and explained the neighbor's property needs to have horseshoe drainage implemented in order to provide for drainage around the house as opposed to directly at the house. Director Napolitano stated it is Staffs opinion the subject property is not causing June 2, 2003 Page 5 drainage problems with the neighbor's property. Rather the neighbor's property is being impacted by run-off from properties behind his property. Some discussion occurred regarding the existing drainage problems in the area. Alderman Glab inquired if it would not be prudent to request additional right-of-way for Northside Avenue, which is currently only 50' wide. In response to Mayor Althoff s inquiry of the applicant, Ms. Arcuri stated she had slready lost ten feet of frontage along Route 120 when the roadway was expanded. She expressed concern about losing any more property. Discussion continued regarding the possibility of doing major improvements on Northside Avenue. In response to an inquiry, Ms. Arcuri stated she would concur with Council stipulation that the three-year sunset clause for termination of the residential use of the subject property commenced on October 14, 2002. Motion by Glab, seconded by Low, to accept the recommendation of the Planning and Zoning Commission, and to direct Staff to prepare ordinances providing for the annexation, rezoning to C-5 Highway Commercial, and use variance to allow residential use of the Concetta Arcuri Property located at 2905 West Route 120; and that the above- referenced action be conditioned upon: Payment of a one-time $500 contribution toward defraying the cost of a Northside Avenue Neighborhood drainage study, o The use variance shall terminate on 10114/05; • A five foot strip of property along Northside Avenue shall be dedicated to the City for future improvement of Northside Avenue. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PRELIMINARY PLAT APPROVAL, EXPANSION OF EXISTING CONDITIONAL USE PERMIT AND VARIANCES — JEFF KLEINHANS 2911 AND 2913 - WEST ROUTE 120 In attendance was applicant Jeff Kleinhans. Director Napolitano stated the applicant is requesting approval of Preliminary Plat, expansion of existing conditional use permit and variances to his property located at 2911-2913 West Route 120. He noted the property is comprised of several platted lots. At Staffs direction, the applicant has agreed to re- subdivide the property into two parcels, recognizing there are two uses on the property., In order to accommodate the existing structures, variances as to lot width, lot frontage, front yard setbacks and building setbacks are required. Director Napolitano stated the applicant appeared before the Planning and Zoning ►�, Commission on August 15, 2002. Several concerns were raised by the Commission, namely: • Preliminary Plat Non-conformance to the Subdivision Control Ordinance; • Drainage; June 2, 2003 Page 6 Aesthetics; and 1 Access. The unanimous recommendation of the Planning and Zoning Commission to grant the requests contained specific conditions. Director Napolitano stated the applicant has been working with Staff and IDOT in an attempt to resolve some of the outstanding issues. Staff has suggested the applicant also contribute toward§ the Northside Avenue Neighborhood Drainage Study, which could benefit his property. The amount of the contribution suggested is $1,00041,500. In response to Alderman Glab's inquiry, Mr. Kleinhans stated the car dealership would be located on Lot 1. Lot 2 would contain a newly-constructed building with the exact use and tenant unknown at this time. The size of the new building would be 30' X 50', 1,500 square feet in area. Discussion followed regarding the lack of frontage on Route 120 and the two proposed uses for a property which is substantially less than two acres in size, and the fact the applicant is not required to follow the ordinance regarding detention. Mayor Althoff inquired if the car dealership located on Lot 1 needed additional space and if that in fact was the reason for increase in the size of Lot 1. Mr. Kleinhans responded the car dealership has no need to expand at this time, due to the state of the economy. He noted an expansion of the conditional use is not actually required at this time. He is seeking Council permission to swap some of the existing inventory parking spaces for landscaping and relocate the inventory further to the west on the lot. He also stated at this time he is no longer seeking permission to park inventory vehicles from Lot 1 on Lot 2 as was part of the original request. Mayor Althoff asked the applicant if he would be willing to contribute monetarily toward the cost of the drainage study. Mr. Kleinhans stated he would be willing to contribute, particularly if the cost contributed to making actual drainage improvements in the area. Alderman Glab inquired if Council could require onsite detention as a condition of approving the plat of resubdivision. Attorney McArdle stated Council can impose conditions upon the grant of the zoning variances. Alderman Glab opined there should not be two access points onto Route 120 for the subject property. At a time when Council is seeking a reduction in curb cuts, it does not seem appropriate to have two curb cuts on these very small lots. Director Napolitano stated there are currently three curb cuts onto Route 120 from this property. Staff has recommended the easternmost access be closed. Mr. Kleinhans stated he has not agreed to the closure of any access points. He noted utilization of the entire portion of the lot may be lost to him if the access point is closed. Alderman Low stated it appears there is no plan to the dealership layout of the property. She asked if the applicant's request is granted, would the car dealership have a logical site plan for Lot 1. Mr. Kleinhans noted the shape of the lot does not lend itself to organized rows of vehicle inventory. Alderman Peterson inquired if the applicant knew the number of vehicles currently located on the lot. Mr. Kleinhans stated he was unsure as to the exact number. June 2, 2003 Page 7 Mayor Althoff inquired if there was anyone in the audience wishing to be heard with regard to this matter. Phil Hoffstetter of 1021 Plymouth Lane stated there have been numerous floods over the past ten years in this neighborhood. Referencing the applicant's detention pond on the Kleinhans industrial property to the south inn Northside Avenue, Mr. Hoffstetter opined the pond is far too small to be of any use. If the applicant constructs additional buildings on the Route 120 property further drainage problems will, result in the neighborhood. Mr. Hoffstetter also stated patrons from the car dealership utilize Northside Avenue for parking. Ron*Barwig of 3008 Northside Avenue inquired where the surface water would drain to. He informed Council there has been an occasion where the Hoffstetter's home has been flooded due to heavy rains. It was noted detention ponds would assist with drainage in the neighborhood. Alderman Murgatroyd expressed concern regarding the applicant expanding the conditional use for an open sales lot from lot 1 to include part of lot 2. Mayor Althoff responded stating Council could choose to place conditions upon the request for expansion, such as limiting it to the current property owner until such time as the property is sold, • limiting it to the current use; or limiting it to the current owner. Alderman Bolger noted the City is fortunate to have a well-qualified Planning and Zoning Commission, which has made a very strong recommendation following the presentation of testimony at their Public Hearing. He suggested Council had enough information to make a decision at this time. Motion by Glab, seconded by Wimmer, to deny the request from applicant Jeffrey Kleinhans for expansion of the existing conditional use, variances and preliminary plat approval for the property located at 2911 and 2913 West Route 120 as presented, and to direct the applicant to work with Staff to address all concerns expressed at this evening's meeting. Voting Aye: Glab, Low, Murgatroyd, Condon. Voting Nay: Bolger, Wimmer, Peterson. Absent: None. Motion carried. REQUEST TO CONNECT TO MUNICIPAL SANITARY SEWER SYSTEM — PATRICIA BOUR, 1902 ORCHARD BEACH ROAD .� In attendance was applicant Patricia Bour of 1902 Orchard Beach Road. Director of Community Development stated the subject property located at 1902 Orchard Beach Road is adjacent to the Troka Property in Orchard Beach subdivision. Director Napolitano reminded Council the Riverside Hollow Subdivision developers were required to install a June 2, 2003 Page 8 pipe to the river to accommodate drainage from the subdivision. To that end an easement was secured from Mrs. Troka over her property, subject to her obtaining access to the City's municipal sanitary sewer system. Director Napolitano noted Mrs. Troka's property has recently been connected to the sanitary sewer. Following the Troka connection, the applicant, Patricia Bour, began experiencing difficulty with her septic system. Ms. Bour is now seeking emergency connection to the sanitary sewer system. Staff has discussed annexation with Ms. Bour, who has consented to begin annexation proceedings within 90 days of connection. Alderman Glab stated the Bour property is not contiguous to the City as the private road (Orchard Road) is owned by the association and not by the homeowner. Ms. Bour concurred Orchard Road is a private road. Alderman Glab noted he has no problems with the request. Staff will determine if the applicant will be required to obtain an easement in order to connect to the City's sewer system. Staff will also ascertain if the subject property is contiguous to the City. Mayor Althoff noted if the property is not contiguous at this time, the applicant can enter into a pre-annexation agreement with the City, as was the case with Mrs. Troka. Motion by Bolger, seconded by Low, to accept Staffs recommendation to approve the emergency connection to the City's sanitary sewer system by Patricia Bour for her property located at 1902 Orchard Beach Road, subject to: 1. The subject property being annexed to the City of McHenry within 90 days of approval of connection by the City Council; 2. Payment of the required connection and capital development fees for non-residents, subject to a refund of the non-resident portion within 90 days after annexation; 3. Obtaining the necessary easements required to connect to the sanitary sewer system; 4. Staff ascertaining if the applicant's property is contiguous to the City; if the property is found to not be contiguous, the applicant will then enter into a pre-annexation. agreement with the City of McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _- Absent: None. Motion carried. RECOMMENDATION TO ENTER INTO AN ENGINEERING SERVICES AGREEMENT WITH BAXTER AND WOODMAN FOR THE OVERFLOW STORM SEWER IN OLDIE MILL PONDS SUBDIVISON City Administrator Maxeiner summarized recent developments regarding the drainage issues impacting Olde Mill Ponds Subdivision. He stated at the request of the Olde Mill Ponds Homeowners Association, the City sought Baxter and Woodman's input regarding the private pond and rill system, the manner in which it was constructed, and is being maintained. Baxter and Woodman completed their report and found the system was installed as designed. Off site issues were discovered which were impacting the performance of the system. June 2, 2003 Page 9 City Administrator Maxeiner stated the elevation of the overland flow route had been _. increased with the ponding on the adjacent Cunat Property. Baxter and Woodman has identified several options which could be utilized to alleviate the ponding, including: • The installation of a 24-inch pipe removing water away from the overland flow route; • Regrading the farmland on the 20-acre Cunat Property, recently purchased by the City. City Administrator Maxeiner noted financing issues complicate the matter. Staff at this time is recommending the approval of an engineering services agreement with Baxter and Woodman for the design and engineering of the overflow storm sewer. Financing for the actual construction and installation would be determined prior to Council approval. In response to Alderman Bolger's inquiry, City Administrator Maxeiner stated Olde Mill Ponds Developer Matt Fiascone, of Inland Land Development, has suggested the 24- inch pipe is more than what is needed to remedy drainage in the subdivision. Some discussion followed regarding the recommended remediation for the drainage from Olde Mill Ponds. Motion by Glab, seconded by Wimmer, to accept Staffs recommendation and authorize an Engineering Services Agreement with Baxter and Woodman for the design and engineering of the overflow storm sewer in Olde Mill Ponds Subdivision, in an amount not-to-exceed $9,700. ' 1 Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger, Peterson Absent: None. Motion carried. REQUEST FOR EXPANSION OF EXISTING CONDITIONAL USE PERMIT — MCHENRY LUBE EXPRESS, 5200 WEST ELM STREET Peter Weller, owner and operator of McHenry Lube Express located at 5200 W. Elm Street, addressed Council requesting approval to expand their existing Conditional Use Permit for the construction of a 20' x 27' addition onto the west side of the existing facility. The expansion would provide an additional service bay, which is needed to accommodate a growing business. Director of Community Development Napolitano stated Mr. Weller was granted a Conditional Use Permit for the facility in 1990, and in 1997 received Council's authorization to construct a 16' x 27' service bay, but the addition was never built. Director Napolitano explained the Zoning Ordinance authorizes Council to review expansions of Conditional Uses and to take either of the following actions: • Grant the request; or • Refer applicant to the Planning and Zoning Commission for a Public Hearing. Director Napolitano noted Staff has no concerns with the Applicant's request as the proposed expansion is nearly identical to that approved by Council in 1997. June 2, 2003 Page 10 Motion by Glab, seconded by Peterson to direct Staff to draft an ordinance approving the requested expansion of the Conditional Use Permit for McHenry Lube Express located at 5200 W. Elm Street, as proposed. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A CONDITIONAL USE PERMIT — BONCOSKY OIL, 4712 BULL " VALLEY ROAD In attendance was Mike Havenga of Boncosky Oil. Mr. Havenga stated Boncosky Oil is requesting a conditional use permit to allow a diesel fuel recovery tank on the property located at 4712 Bull Valley _Road. He assured Council all safety and environmental requirements and guidelines would be met and the tank would be utilized solely by property owner Cornerstone Material Recovery. Director of Community Development Napolitano stated the Applicant is requesting a Conditional Use Permit to allow outdoor bulk fuel storage for a 1500-gallon diesel fuel tank northwest of the existing Cornerstone Material Recovery building. The tank would contain both on and off-road diesel fuel for the exclusive use by Cornerstone vehicles. Director Napolitano noted the location, size, installation and operating requirement for bulk fuel storage tanks are governed by the State Fire Marshal's office who has approved the request. Director Napolitano informed Council an inspection of the tank would be conducted by an inspector of the State Fire Marshal's Office prior to the tank being filled with fuel. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on May 8, 2003 unanimously recommended approval of the Conditional Use Permit, subject to the following conditions: Location of the diesel fuel tank shall be as depicted on the Plat of Survey and shall only be utilized by Cornerstone Material Recovery; A bumper post, bollard or guardrail shall be installed to provide additional safety _. against collision. This form of protection shall be approved by the State Fire Marshal's Office; A spill/leakage kit shall be kept on-site at all times; The Conditional Use Permit shall be granted for a term expiring on April 1, 2009. At least thirty (30) days prior to the expiration date of the Conditional Use Permit the Applicant shall be required to come before Council and petition for a one (1) year extension and shall be required to do so for yearly extensions thereafter. Director Napolitano noted with the conditions imposed by the Planning and Zoning Commission Staff has no concerns with the request for a Conditional Use Permit. Motion by Low, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission and direct Staff to prepare an ordinance granting a Conditional Use Permit for bulk fuel storage at 4172 Bull Valley Road, subject to the June 2, 2003 Page 11 - �oiic . ng °ions: Locau-,► of the diesel fuel tank shall be as depicted on the Plat of Survey and shall only be utilized by Cornerstone Material Recovery; A bumper post, bollard or guardrail shall be .installed to provide additional safety against collision. This form of protection shall be approved by the State Fire .Marshal's Office; A spill/leakage kit shall be kept on-site at all times; The Conditional Use Permit shall be granted for a term expiring on April 1, 2009. At least thirty (30) days prior to the expiration date of the Conditional Use Permit the Applicant shall be required to come before Council and petition for a one (1) year extension and shall be required to do so for yearly extensions thereafter. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. RECOMMENDTION TO APPROVE AN ENGINEERING SERVICES AGREEMENT WITH SMITH ENGINERING CONSULTANTS FOR FREUND FIELD PHASE III IMPROVEMENTS Director of Parks and Recreation Merkel informed Council that pursuant to a recommendation from the Parks and Recreation Committee at its May 15, 2003 meeting, Smith Engineering Consultants, Inc. has submitted an Engineering Services Agreement to prepare plans and specifications for the Phase III Improvements at Freund Field. Work is scheduled to begin on the parking lot and ball field renovations in the fall and final landscaping is to be installed in the Spring of 2004. He noted the project is included in the Fiscal Year 2003/2004 Budget in the amount of$135,000. Alderman Bolger opined the engineering costs are excessive. Alderman Peterson stated he supports renovation of the Freund Field, but concurs with Alderman Bolger regarding the cost of engineering. Alderman Glab stated he supports engineering services as they address important traffic flow and drainage issues. Alderman Murgatroyd concurred with Alderman Glab. A brief discussion ensued. Motion by Low, seconded by Murgatroyd, to accept Staffs recommendation and approve an Engineering Services Agreement with Smith Engineering Consultants, Inc. for contract plans and specifications for Freund Field Phase III Improvements in an amount not-to-exceed $11,996.40. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. -�. Absent: None. Motion carried. June 2, 2003 Page 12 RECOMMENDATION TO APPROVE AN ENGINEERING SERVICES AGREEMENT yJr", z BAXTER AND WOODMAN INC. FOR THE WAUKEGAN ROAD WATER MAIN IMPROVEMENTS Mayor Althoff reiterated that Council at its January 20, 2003 meeting approved a conceptual plan for the Riverwalk Place Townhome development. As a part of the Developer Agreement regarding that project, the City.agreed to make various infrastructure improvements within the Waukegan Road right-of-way in anticipation of the development. Mayor Althoff informed Council the Engineering Services Agreement with Baxter & Woodman for the design of the Waukegan Road/Water Main Improvements relating to the Riverwalk Place Townhome Development includes the following: • Reconstruction and widening of Waukegan Road to 27-feet and the installation of curb and gutter along the north and south sides of Waukegan Road; • Installation of storm sewer main and service laterals to the proposed Riverwalk Place Townhome development; • Restoration of right-of-way disturbed by construction, and the relocation or replacement of existing trees; and • Replacement of approximately 1,630 lineal feet of water main along Waukegan Road, from Green Street to the Central Wastewater Treatment Plant. Motion by Murgatroyd, seconded by Glab, to accept Staffs recommendation and approve an Engineering Services Agreement with Baxter & Woodman, Inc. for the Waukegan Road/Water Main Improvements relating to the Riverwalk Place Townhome Development, in an amount not-to-exceed $18,400. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A USE VARIANCE TO PAUL DECARLO, 5016 WEST ELM STREET In attendance was applicant Paul DeCarlo, owner of the property located at 5016 West Elm Street. The Applicant is requesting a Use Variance to utilize his vacant commercial property as a residence. Director of Community Development Napolitano stated at the May 12, 2003 regularly scheduled Council meeting, Council voted 4-3 to direct Staff to prepare an ordinance granting a .Use Variance to allow a residential .dwelling for the property in question subject to recommendations by the Planning and Zoning Commission. Director Napolitano noted the subject property has been inspected by the Building Superintendent,. Minor corrections are being addressed, and as of this time no occupancy permit has been issued. Director Napolitano informed Council the Planning and Zoning Commission June 2, 2003 Page 13 recommended approval of the Use Variance to allow a residential dwelling on the property located at 5016 W. Elm Street, subject to the following conditions: The Use Variance be granted for a period of time not to exceed three (3) years; and Prior to any residential occupancy the structure must be inspected by the Building Superintendent. Alderman Wimmer stated he does not support any residential use on Illinois State Route 120. Alderman Murgatroyd, concurring with Alderman Wimmer, opined he believed three years for the Use Variance is excessive. A brief discussion ensued. Motion by Bolger, seconded by Peterson, to approve an ordinance granting a Use Variance to allow a residential dwelling on the property located at 5016 West Elm Street, subject to the following conditions: • The Use Variance be granted for a period of time not to exceed three (3) years; and • Prior to any residential occupancy the structure must be inspected by the Building Superintendent and an occupancy permit issued. Voting Aye: Bolger, Low, Peterson, Condon. Voting Nay: Glab, Murgatroyd, Wimmer. Absent: None. Motion carried. REQUEST FOR ADDENDUM NO. 3 FROM SMITH ENGINEERING CONSULTANTS FOR ADDITIONAL SERVICES PERFORMED RELATING TO THE MCCULLOM LAKE ROAD/ROUTE 31 INTERSECTION IMPROVEMENTS PROJECT Director of Public Works Marcinko informed Council that Smith Engineering is in the final stages of roadway design for the State Route 311McCullom Lake Roadway improvements. He stated since inception the project limits, complexity and scope have expanded. Originally the total project cost was estimated at $2.2 million, with construction costs totaling $1.8 million. Smith Engineering's original fee for engineering services was $130,705, or 7.3% of construction costs. The scope of the project has increased considerably, with changes to construction standards and right-of-way acquisition. Y Director Marcinko stated the project is currently expected to total $3.3 million, with the �. construction costs amounting to $2.8 million. Director Marcinko stated funding contributions from outside sources have increased. The original Grant from the Council of Mayors was in the amount of $520,000 and has been increased to $1.0 million. Additionally, a Grant totaling $312,400 has been obtained from Congestion Mitigation Air Quality (CMAQ), together with an Illinois First Grant in the amount of $750,000. The Illinois Department of Transportation (IDOT) has provided a probable commitment of $660,000. Grants for this project are expected to total $2.723 million. Director Marcinko informed Council Smith Engineering has previously requested and received Council approval for two addenda to the original contract. • The first addendum, totaling $97,358.14 was needed to perform the necessary right- of-way acquisition work, i.e.: June 2, 2003 Page 14 o determine the additional right-of-way needed; 0 obtain appraisals of the property to be acquired; o negotiate with property owners for additional right-of-way; o coordinate the acquisition process. • The second addendum, totaling $18,941.00 was needed to revise plans for additional work due to extended project limits and signal interconnections requested by IDOT. ' Director Marcinko stated the purpose of the third addendum is to reimburse Smith Engineering for additional expenses incurred to facilitate the successful completion of the project. Addressing the concerns of Alderman Condon that Smith may not have been authorized to do the additional work, Director Marcinko informed Council work on the project continued for the sake of expediency to meet the deadlines of funding sources. Motion by Wimmer, seconded by Peterson, to accept Staffs recommendation and authorize the Mayor's execution of Addendum No. 3, to Smith Engineering Consultants, Inc.'s original Engineering Services Agreement for the Illinois Route 31/McCullom Lake Road Improvements, in an amount not-to-exceed $68,299, bringing the total engineering design contract for this project to $315,303.29. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Althoff informed Council there are currently two openings on the City's Landmark Commission. She is requesting Council approve a recommendation to reappoint Greg Lofgren to the Commission. Mayor Althoff stated Mr. Lofgren requested a temporary leave of absence from the Commission in the fall of 2002 and he now feels prepared to renew his responsibilities on the Landmark Commission. Motion by Low, seconded by Glab, to approve the reappointment of Greg Lofgren to the Landmark Commission, with a term expiring on April 30, 2006. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Althoff informed Council she has received a request from Aldi's Market for a liquor license. Mayor Althoff expressed concern regarding the postponement of approval of the Pacini Annexation Agreement. She suggested Council invite Mr. Pacini to a Council June 2, 2003 Page 15 meeting to clarify misunderstandings and address Council regarding particular concerns. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Low requested the Parks and Recreation Committee meeting be rescheduled from June 12, 2003 to June 26, 2003 at 7:00 p.m. Finance and Personnel Committee Chairman Alderman Murgatroyd scheduled a Finance and Personnel Committee meeting on Monday, June 30, 2003 in the Aldermen's Conference Room, to discuss the status of the School Resource Officer Program. DEPARTMENT HEAD REPORTS Director of Public Works Marcinko informed Council remediation at the Sioux Lane water tower has begun. City Administrator Maxeiner stated the Licensing Agreement for the Off Track Betting facility is nearly complete and would be forthcoming. NEW BUSINESS Alderman Condon stated she is disappointed the Crystal Lake Road/Winding Creek Road traffic signal project began earlier than anticipated, expressing concern for safety of the children still in school. EXECUTIVE SESSION: PERSONNEL Motion by Bolger, seconded by Murgatroyd, to go into Executive Session at 10:05 p.m. to discuss Personnel. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. Alderman Glab left the meeting at 10:05 p.m. Council went into Executive Session at 10:07 p.m. Motion by Low, seconded by Wimmer, to return to Open Session at 10:16 p.m. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: Glab. Motion carried. -� Council went back into Open Session at 10:16 p.m. June 2, 2003 Page 16 Motion by Murgatroyd, seconded by Wimmer, to direct Staff to present an offer for the position of Finance Director to Ms. Kelly Kline with a Grade 24, Step 7 compensation level, equating to $80,270 and a three week vacation package, contingent upon the successful completion of a post-offer physical examination and drug test Voting Aye: Bolger, Low, Murgatroyd,.Wimmer, Peterson, Condon Voting Nay: None. Absent: Glab. Motion carried. ADJOURNMENT Motion by Low, seconded by Wimmer, to adjourn the meeting at 10:20 p.m. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: Glab. Motion carried. The Meeting was adjourned at 10:20 p.m. MAYOR 7LERI