HomeMy WebLinkAboutMinutes - 05/12/2003 - City Council REGULAR MEETING
MAY 12, 2003
The Regular Meeting of the McHenry City Council was called to order by Mayor
Althoff at 7:30 P.M. on Monday, May 12, 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
Cahill, Director of Public Works Marcinko, Director of Community Development Napolitano,
Director of Parks and Recreation Merkel, Chief of Police O'Meara,. Absent: City Attorney
McArdle.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Alderman Glab requested that Consent Agenda Item (e) regarding the McHenry
Area Chamber of Commerce's request for an additional event in the 2003 Fiesta Days
schedule, a K 9 Carnival Fundraising Event, and variance from Municipal Code Chapter
16, Sec. 16-30, Parks & Recreation, be removed from the Consent Agenda for further
discussion.
Motion by Peterson, seconded by Murgatroyd, to approve the Consent Agenda as
amended:
a) Request for connection to Police Alarm Panel from Centegra Health System Saga
Cancer Center, 4305 Medical Center Drive;
b) Approve ordinance establishing Special Service Area No. 3 for Shamrock Farms
Subdivision;
c) CALEA proposed general order revision;
d) Approve agreement with SBC Ameritech to install and provide two ISDN Primary
Service lines to the Municipal Center at a charge not-to-exceed $918 per month for
a term of thirty-six months or$33,048;
f) Approve a request to waive bid requirements and to purchase water meter
equipment from Midwest Meter Inc in an amount not-to-exceed $200,000;
g) Approve List of As-Needed Checks:
GENERAL FUND
AFLAC 1,516.28
FBI NAA 20.00
FIRST MIDWEST BANK 339.95
FOP UNITS I/II 1,485.00
HOME DEPOT/GECF 356.11
ILLINOIS DEPARTMENT OF 416.00
ILLINOIS STATE POLICE 304.00
IMRF 44,434.15
LOCKERBY, JOHN T 57.60
MCHENRY COUNTY RECORDER 126.00
MEIER, RICHARD 26.00
NATIONAL GUARDIAN LIFE I 123.83
NCPERS GROUP LIFE INS. 255.00
NWBOCA 24.00
PETTY CASH FUND 191.69
POSTMASTER MCHENRY IL 5,171.93
SAM'S CLUB 257.56
.�� UNITED PARCEL SERVICE 115.86
UNITED STATES LIFE INSUR 942.30
ANNEXATION FUND
MCHENRY SAVINGS BANK 200,000.00
May 12, 2003
Page 2
DEVELOPER DONATION FUND ~'
MCHENRY SAVINGS BANK 200,000.00
CAPITAL IMPROVEMENTS FUND
COLOMER, JOHN 5,000.00
DAVENPORT TRUST, FRANK A 26,800.00
FIRST MIDWEST BANK 15,200.00
LASALLE BANK NA 92,500.00
MB FINANCIAL BANK TRUST 5,800.00
WIRFS, JOHN J AND 51,000.00
WATER/SEWER FUND
JENSEN, TED 174.00
UNITED PARCEL SERVICE 11.76
UNITED STATES LIFE INSUR 137.70
CAPITAL DEVELOPMENT FUND
MCHENRY SAVINGS BANK 500,000.00
UTILITY IMPROVEMENTS FUND
BAXTER & WOODMAN 14,348.50
BERGER EXCAVATING COMPAN 8,000.00
EMPLOYEE INSURANCE FUND
BENEFIT SYSTEMS & SERVIC 24,158.04
MAJESTIC UNDERWRITERS IN 18,863.60
DEVELOPMENTAL ESCROW
MCHENRY SAVINGS BANK 200,000.00
RETAINED PERSONNEL ESCROW
KUNZER, KATHLEEN 22.00
MCHENRY COUNTY RECORDER 303.00
GRAND TOTALS 1,418,481.86
GENERAL FUND 56,163.26
ANNEXATION FUND 200,000.00
DEVELOPER DONATION FUND 200,000.00
CAPITAL IMPROVEMENTS FUND 196,300.00
WATER/SEWER FUND 323.46
CAPITAL DEVELOPMENT FUND 500,000.00
UTILITY IMPROVEMENTS FUND 22,348.50
EMPLOYEE INSURANCE FUND 43,021.64
DEVELOPMENTAL ESCROW 200,000.00
RETAINED PERSONNEL ESCROW 325.00
TOTALS 1,418,481.86
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR ADDITIONAL 2003 FIESTA DAYS EVENT MCHENRY AREA
CHAMBER OF COMMERCE
Alderman Glab requested clarification regarding the organization which would be
the recipient of the K-9 Carnival Fundraising Event.. He stated he was not concerned so
much with the event as the legitimacy of the Working Class Dogs organization.
Alderman Low expressed her support of the event and opined it is a good
educational event for Fiesta Days as assistance dogs are becoming more common.
Alderman Peterson stated he recalled the Kiwanis had a similar program and it was
most impressive.
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Page 3
Alderman Murgatroyd stated he would support the event providing there were no
other events taking place in the park that evening.
Mayor Althoff suggested the matter be pulled from the agenda pending receipt of
additional information in the Friday Report.
Motion by Glab, seconded by Low, to approve the request presented by the
McHenry Area Chamber of Commerce for an additional event to the Year 2003 Fiesta
Days schedule to include a K-9 Carnival Fundraising Event and variance from Municipal
Code Chapter 16, Sec. 16-30, Parks & Recreation, subject to no additional events taking
place in Petersen Park on the evening of Wednesday, July 16, 2003.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
REQUEST FOR CLASS A LIQUOR LICENSE FROM ARMADILLO ENTERPRISES, INC.
D/B/A NO WAY JOSE TEX-MEX RESTAURANT, 1237 NORTH GREEN STREET
Mayor Althoff informed Council that Mr. and Mrs. Joe Nanez of Armadillo
Enterprises, Inc. d/b/a No Way Jose Tex-Mex Restaurant located at 1237 North Green
Street have submitted an application for a Class A liquor license. Mayor Althoff noted a
Class A Liquor License was issued to Armadillo Enterprises, Inc. in 2001. However, the
restaurant closed for a period of time and the license was rescinded. The restaurant has
re-opened and the owners wish to again provide alcoholic beverages to customers.
Mayor Althoff stated all the necessary paperwork has been submitted, together with
the $1,400 annual license fee and the applicants have been fingerprinted. It was noted
that Mr. and Mrs. Nanez have agreed, along with all employees of No Way Jose. Tex-Mex
Restaurant, to attend the next available BASSETT training class, and that an English
speaking employee would be present at the restaurant at all times.
Mayor Althoff, as Liquor Control Commissioner for the City of McHenry, is
recommending Council approve the application submitted by Armadillo Enterprises, Inc.
d/b/a No Way Jose Tex-Mex Restaurant for a Class A Liquor License.
Motion by Bolger, seconded by Condon, to approve the Mayor's recommendation to
award a Class A Liquor License to Armadillo Enterprises, Inc. d/b/a No Way Jose Tex-Mex
Restaurant, located at 1237 North Green Street, subject to the receipt of satisfactory
fingerprint results.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
'L Absent: None.
Motion carried.
May 12, 2003 �-
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Motion by Glab, seconded by Low, to approve an ordinance increasing the number
of Class A Liquor Licenses from 26 to 27.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
LICENSE AGREEMENT FOR TRACKSIDE OFF-TRACK BETTING IN CITY OF
MCHENRY
Mayor Althoff reminded Council on April 21, 2003 Council heard a presentation by
Mr. Cliff Goodrich, President of Arlington Park, regarding his firm's request to add an off-
track betting facility at Monaco's, which is located at 2816 W. Route 120. Mayor Althoff
noted the proposed facility, to be operated by Arlington Park Racecourse, would be
regulated by the Illinois Racing Board.
Mayor Althoff stated 1% of each dollar wagered at the McHenry facility would go to
the City of McHenry. The proposed hours of operation are 11:00 a.m. to 11:00 p.m.
Sunday through Thursday, and 11:00 a.m. to midnight on Friday and Saturday.
Mayor Althoff informed Council that Police Chief O'Meara contacted Police
Departments in Chicago, Waukegan, Rockford, East Moline and South Elgin, all cities
operating off-track betting facilities through Arlington Park. Chief O'Meara's research
turned up no negative comments on the facilities operated by Arlington Park.
At the April 21, 2003 meeting Council expressed concerns regarding parking and
the aesthetics of the satellite antennas required to operate the facility. Mr. Goodrich has
assured Council an agreement is pending with the VFW to accommodate additional
parking and no satellite antenna would extend above the roofline.
City Administrator Maxeiner informed Council Staff has reviewed the request and
finds an off-track betting facility would not violate any McHenry zoning or liquor control
laws. However, Staff proposes an element of local regulatory control through the
development of a Licensing Agreement for the facility. An Agreement has been drafted by
the City Attorney to create a revocable license in return for granting a variance on zoning
for the required satellite dishes. The License Agreement provides for a 1% share of the
wagers to be granted to the City of McHenry, but waives the right to charge an admission
fee. The License as proposed is not transferable and either party can terminate the
Agreement with thirty (30) days notice.
Jim Stumpf, Vice President of Legislative Affairs for Arlington Park, representing
Arlington Park and Mr. Gil Carmichael, Director of Off-Track Operations, made a brief
presentation. Mr. Stumpf informed Council Arlington Park would be going before the
Gaming Board in Chicago on May 13, 2003 at 10:30 a.m. in anticipation of receiving formal '
approval from the Illinois Racing Board for establishment of the facility.
A brief discussion ensued. Alderman Condon opined the parking agreement with
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Page 5
the VFW should be made part of the Licensing Agreement. Alderman Bolger stated he is
comfortable with the Agreement. Alderman Low stated all comments she has received
regarding the facility have been favorable with one exception.
Mr. Ken Russell, a resident at 7908 Bayview, Wonder Lake, addressed Council.
Mr. Russell stated he is in favor of an off-track betting facility in McHenry.
Motion by Bolger, seconded by Wimmer, to authorize the Mayor's execution of a
Licensing Agreement for Trackside Off-Track Betting, among the City of McHenry, Quad
City Downs, Inc., an Illinois Corporation, and Ron Monaco, owner of Monaco's Bar located
at 2816 Route 120, McHenry, Illinois.
Voting Aye: Bolger, Low, Wimmer, Peterson.
Voting Nay: Glab, Murgatroyd, Condon.
Absent: None.
Motion carried.
REQUEST FOR USE VARIANCE TO ALLOW A RESIDENTIAL DWELLING AT 501_6
WEST ELM STREET
Attorney Lisa Waggoner of the Waggoner Law Firm, P.C., representing the
Applicant, Paul DeCarlo, addressed Council. Ms. Waggoner informed Council the
Applicant is requesting a Use Variance to utilize his vacant commercial property as a
residence. Ms. Waggoner stated the Applicant has owned the subject property for
approximately one year and has been unable to find a suitable commercial tenant. Mr.
DeCarlo has, however, received several inquiries regarding residential use. It is Mr.
DeCarlo's desire to earn some income on the property while seeking a commercial tenant.
Director of Community Development Napolitano explained the area where the
property is located on State Route 120 is not considered as commercially viable as the
eastern portion of State Route 120 due to access, exposure, proximity to residential land
uses and undersized lots. He noted several buildings including the Applicant's were one
time single-family homes that later were converted to commercial uses.
Director Napolitano stated with the State Route 120 construction project moving
forward and slated to continue to the end of October 2004, chances of leasing the space
for commercial use are slim. Staff recommends allowing a use variance for a specified
appropriate time period. Director Napolitano noted the Planning and Zoning Commission,
at a public hearing held on April 17, 2003, suggested granting the use variance for a three-
year period would allow ample time for the Applicant to find a commercial tenant and/or
purchase the adjacent property to increase marketability of the site.
Director Napolitano stated the Planning and Zoning Commission recommended the
approval of the requested use variance by a vote of 4-1, subject to the following:
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.
May 12, 2003
Page 6
Motion by Bolger, seconded by Peterson, to accept the recommendation of the
Planning and Zoning Commission, and to direct Staff to prepare an ordinance granting a
Use Variance for the property located at 5016 W. Elm Street, subject to the following
conditions: -
• A Use Variance to allow residential use of the commercial property be granted for a
period of time not-to-exceed three (3) years; and
• Prior to any residential occupancy the structure is to be inspected by the Building
Superintendent.
Voting Aye: Bolger, Low, Peterson, Condon.
Voting Nay: Glab, Murgatroyd, Wimmer.
Absent: None.
Motion carried.
ORDINANCE GRANTING FINAL PLAT APPROVAL OF RICKER SUBDIVISION
Developer Brian Harris, representing Harmony Homes, addressed Council. Mr.
Harris stated the subject property, located on the west side of Green Street south of Knox
Park, was annexed to the City of McHenry in 1999. Upon annexation the property was
zoned RS-2, Medium Density Single-Family Residential and a Preliminary Plat subdividing
the property into 4 lots was approved. Mr. Harris explained Mr. Gary Ricker, the original
owner of the property, submitted a Final Plat to the City of McHenry in 2000. The Final
Plat was not acted upon because Mr. Ricker was not successful in his attempt to find a
Buyer/Builder to develop the property and the development became inactive.
Director of Community Development Napolitano informed Council the current
Applicant, Harmony Homes, intends to develop the property. He stated the Final Plat
consists of 4 lots approximately 24,000 square feet each, which is in substantial
conformance with the approved Preliminary Plat. Director Napolitano noted the City
Engineer has approved the final Engineering Plans and the Planning and Zoning
Commission unanimously recommended approval of the Final Plat for Ricker Subdivision
at a meeting held on May 1, 2003, with the following conditions:
• All Public Works Department requests are addressed prior to construction; and
• The Final Plat is recorded within six (6) months of Council approval.
Director Napolitano informed Council all Public Works Department requests have
been addressed.
Motion by Murgatroyd, seconded by Bolger, to approve the Mayor and City Clerk's
execution of an ordinance approving the Final Plat of Ricker Subdivision in the City of
McHenry, McHenry County, Illinois, as prepared by Vanderstappen Surveying, dated
4/22/03, subject to recording of the Final Plat within six (6) months of Council approval.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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May 12, 2003
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RECOMMENDATION TO AWARD CONTRACT TO:
ENVIRONMENTAL RESTORATION LLC FOR SITE REMEDIATION AT SIOUX
LANE ELEVATED WATER STORAGE TANK IN AN AMOUNT NOT-TO-EXCEED
15162•
o CUSTOM LANDSCAPING_FOR SITE RESTORATION IN AN AMOUNT NOT TO
EXCEED $4,820
Director of Public Works Marcinko informed Council that City Engineers Baxter and
Woodman have solicited proposals for the remediation of a portion of the soils located
under the Sioux Lane Water Storage Tank. As previously reported to Council the soils
under the elevated storage tank tested positive for contaminants released from the
ineffective containment system during the sand blasting procedure. Jetco performed the
procedure, which took place during painting of the water storage tank. Director Marcinko
stated the work to be performed includes the transportation and disposal of approximately
120 tons of special waste to a landfill.
Director Marcinko noted two proposals have been received and, while
Environmental Restoration LLC's quote is $257.00 higher than the quote received from
Environmental Services, Inc., the City Engineer recommends awarding the contract to
Environmental Restoration based upon their knowledge of the site.
Additionally, Director Marcinko stated expenses for restoration of the site, based
upon a proposal received from Custom Landscaping, would be $4,820.
Director Marcinko informed Council the total cost for remediation and site
restoration totals $19,982.00, all of which will be reimbursed by Jetco to the City of
McHenry in reparation.
Motion by Glab, seconded by Wimmer, to authorize the Mayor's execution of
contracts as follows:
• Environmental Restoration LLC for site remediation at Sioux Lane elevated water
storage tank, in an amount not-to-exceed $15,162; and
• Custom Landscaping for site restoration, in an amount not to exceed $4,820.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR PAYMENT FROM BAXTER AND WOODMAN INC. FOR ADDITIONAL
ENGINEERING SERVICES RELATING TO THE SIOUX LANE ELEVATED WATER
STORAGE TANK REPAINTING PROJECT IN AN AMOUNT NOT-TO-EXCEED
$13,438.25
Director Marcinko informed Council at the March 4, 2003 Council meeting an
Engineering Services Agreement was approved with Baxter & Woodman for construction
administration and inspection of the Sioux Lane elevated storage tank repainting project in
an amount not to exceed $18,700. Due to the failure of the lead paint containment system
a
May 12, 2003
Page 8
by the contractor significant additional expense has been incurred by Baxter and
Woodman regarding the project.
Director Marcinko stated invoices totaling $13,438.25, over and above the original
scope of engineering services have been incurred due to the lead contamination issue.
Director Marcinko noted it is the City's intent to deduct the additional engineering
expenses from the painting contractor's request for final payment.
Staff is requesting authorization to pay the invoices submitted by Baxter and
Woodman, in the amount of $13,438.25, relating to additional engineering services
incurred due to lead contamination during the Sioux Lane Elevated Storage Tank
Repainting Project.
Motion by Glab, seconded by Wimmer, to authorize payment to Baxter and
Woodman for construction and engineering services relating to the Sioux Lane Elevated
Storage Tank repainting project in an amount totaling $13,438.25.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR PAYMENT FROM BAXTER AND WOODMAN INC FOR ADDITIONAL
ENGINEERING SERVICES RELATING TO THE NORTH INTERCEPTOR SEWER
PROJECT IN AN AMOUNT NOT-TO-EXCEED $66,818.39
Director Marcinko informed Council that City Engineer, Baxter and Woodman, has
provided engineering services for both design and construction on the North Interceptor
Sewer Project. Director Marcinko noted total payments to date to Baxter and Woodman
have been $138,975. Director Marcinko stated with the engineering portion of the project
substantially completed Baxter & Woodman is requesting payment in the amount of
$66,818.39.
Director Marcinko explained the North Interceptor Sewer Project has required
additional engineering services from Baxter and Woodman, beyond the scope of the
original Agreement, due to many unforeseen conditions such as:
• Unsuitable soil conditions in the Timber Trails detention pond;
• Additional landscaping; and
• Efforts to address and coordinate residential drainage concerns of the City of
McHenry and McHenry Township.
Motion by Glab, seconded by Wimmer, to authorize payment for outstanding
invoices to Baxter and Woodman for engineering services relating to the North Interceptor
Sewer Project, in an amount not-to-exceed $66,818.39, subject to the final submission of
detailed invoices regarding any change orders. '
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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Page 9
MAYOR—STATEMENT AND REPORT
Mayor Althoff informed Council DARE Graduations were held today, at 10:00 a.m.
and 1:00 p.m. for all fifth grade classes in McHenry. It was noted that both ceremonies
were well attended.
Mayor Althoff stated Memorial Day will be observed and municipal center offices will
be closed on Monday, May 26, 2003. Memorial Day Services will be held in Veteran's
Memorial Park at 10:00 am. on Monday, May 26, 2003 with a parade immediately
following.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Low announced a Parks and
Recreation Committee Meeting has been scheduled for Thursday, May 15, 2003 at 7:00
p.m. in the Aldermen's Conference Room.
DEPARTMENT HEAD REPORTS
Director of Public Works Marcinko requested a Public Works Committee Meeting be
scheduled for Monday, June 2, 2003 at 6:30 p.m. in the Aldermen's Conference Room.
Assistant City Administrator Lockerby informed Council the Downtown Plan Project
Advisory Committee met recently and a report would be forthcoming.
City Administrator Maxeiner stated a Committee of the Whole meeting is tentatively
scheduled for Tuesday, May 20, 2003 at 7:00 p.m. to discuss the Deer Point Subdivision.
NEW BUSINESS
Alderman Glab suggested the Finance and Personnel Committee address the
disposition of funds received from the Off Track Betting facility.
Alderman Glab requested the topic of temporary. signs be addressed at the next
Community Development Committee Meting.
ADJOURNMENT
Motion by Low, seconded by Glab, to adjourn the meeting at 8:57 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
T e Meeting was adjourned at 8:57 p.m.
C
MAYOR ��` ERK