HomeMy WebLinkAboutMinutes - 04/21/2003 - City Council REGULAR MEETING
APRIL 21, 2003
The Regular Meeting of the McHenry City Council was called to order by City Clerk
Jones at 7:30 P.M. on Monday, April 21, 2003 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd
and Wimmer. Absent: Mayor Althoff. City Staff in attendance were: City Administrator
Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle,
Director Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police
O'Meara, Director Community Development Napolitano. Absent: None.
In the absence of Mayor Althoff City Clerk Jones called for a Motion to appoint a
Mayor Pro Tem to chair the meeting.
Motion by Glab, seconded by Bolger, to nominate Alderman Low as Mayor Pro Tem
to chair the Council meeting of April 21, 2003.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
PUBLIC HEARING: PROPOSED LAKEWOOD SUBDIVISION SPECIAL SERVICE AREA
Mayor Pro Tem Low opened the Public Hearing regarding the proposed Lakewood
Subdivision Special Service Area at 7:32 p.m., and announced the rescheduling of the
Public Hearing to the May 5, 2003 Regular City Council Meeting at 7:30 p.m.
Motion by Murgatroyd, seconded by Wimmer, to recess the Public Hearing
regarding the establishment of the Lakewood Subdivision Special Service Area at 7:33
p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
PRESENTATION
Cliff Goodrich, President of Arlington Park, addressed Council and presented
information regarding the Arlington Park organization, the Off Track Betting (OTB)
operations in Arlington Heights, Chicago, Waukegan, Rockford, East Moline and South
Elgin, and the facility proposed for Monaco's located at 2816 W. Route 120 in the City of
McHenry.
Mr. Goodrich stated the OTB facility would offer wagering on horse racing from
many tracks across the United States and Canada, offering food and beverage service as
well as other sporting activities, similar to a sports bar.
�— Mr. Goodrich informed Council the typical hours of operation are from 11:00 a.m. to
11:00 p.m., Sunday through Thursday and 11:00 a.m. to midnight on Friday and Saturday.
He noted most OTB patrons are loyal horse racing fans of a mature age. The OTB facility
April 21, 2003
Page 2
ti
offers an environment which provides entertainment and social atmosphere.
Mr. Goodrich stated it is anticipated the OTB facility would generate direct tax
dollars from wagering estimated between $60,000 and $100,000 annually for both the City
and the County in addition to sales tax generated with increased food and beverage sales.
Addressing concerns regarding the proposed-facility Mr. Goodrich informed Council
of the following:
• The facility is operated by Arlington Park Racecourse.
• The operation is regulated by the Illinois Racing Board.
• The operation is hooked up directly to the Police Alarm Panel
• There would exist CCTV surveillance in the facility.
• An on-site Arlington Park Security Officer will be in attendance at peak operating
times.
Responding to Alderman Murgatroyd's inquiry Mr. Goodrich noted OTB"would be
responsible only for interior improvement. He stated completion of the improvements and
the anticipated opening date for the facility is late June 2003.
Alderman Glab stated he is unable to support the establishment of a gambling
facility within the City limits of McHenry.
Responding to Alderman Bolger's inquiry regarding the availability of adequate
parking for the facility Mr. Goodrich stated there is not sufficient parking on the premises.
Efforts are being made to acquire permission from the owners of the property occupied by
the Veterans of Foreign Wars (VFW) to utilize their parking lot on anticipated peak days
such as the Kentucky Derby and Breeder's Cup race days.
In response to Alderman Murgatroyd's request regarding Chief O'Meara's input
regarding an OTB facility within the City of McHenry, Chief O'Meara stated he would like
the opportunity to research the matter further prior to forming an opinion.
Ron Monaco, owner and operator of Monaco's located at 2816 West Route 120,
addressed Council encouraging consideration of the proposal. He stated the front of
Monaco's will continue as a bar and restaurant, providing food and beverage to patrons.
He noted the parking lot has recently been resurfaced and exterior clean up of the
premises is underway.
Penny Yates, a resident of 1210 South Crystal Lake Road, stated she is a member
of the Illinois harness racing community, is familiar with OTB facilities and supports the
project.
Don White of 6107 West Chickaloon informed Council he supports the OTB facility
based upon his familiarity with Arlington Park Racecourse management. He stated he has
been involved in the construction of other OTB facilities and opined Arlington is a
professional, reputable company, which would not present a negative impact on the City of
McHenry.
April 21, 2003
Page 3
' Jeff Kleinhans, a resident of McHenry, stated he is the owner of commercial
property adjacent to 2816 West Route 120. He expressed parking concerns and urged
Council to proceed cautiously with the project.
City Administrator Maxeiner informed Council the presentation was for informational
purposes only. However, should Council express -an interest in moving forward with the
project, Staff would work with Arlington Park representatives to develop a Licensing
Agreement, which will provide a level of regulatory control on the operation.
It was the consensus of Council to direct Staff to continue to work with
representatives of Arlington Park to develop a Licensing Agreement and for Police Chief
O'Meara to research OTB facilities in surrounding municipalities.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Bolger, seconded by Murgatroyd, to approve the Consent Agenda as
presented:
• Resolution naming Friday, April 25, 2003 as Arbor Day in the City of McHenry;
• Authorization to purchase office furniture from Hendricksen & Company, Inc., in an
amount not to exceed $7,462.24;
• Supplemental Appropriation Ordinance for Fiscal Year 2002/2003;
• City Council Minutes, April 7, 2003.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR USE VARIANCE FROM CRAIG CONE OF CC VETTE INC TO ALLOW
A CORVETTE REPAIR AND RESTORATION BUSINESS AT 2730 BARNEY COURT IN
THE ADAMS COMMERCIAL CENTRE
Director of Community Development Napolitano informed Council the Applicant is
requesting a use variance to allow a Corvette repair and restoration business at the
premises located at 2730 Barney Court. He stated the proposed use would occupy one
unit consisting of approximately 1,500 square feet within a twelve unit metal and stone
industrial condo-building on Lot 11 in the Adams Commercial Centre. Director Napolitano
noted the subject property is currently zoned BP, Business Park, which does not allow this
type of use. The Applicant currently operates a Corvette repair and restoration business in
Woodstock, and has been in business in excess of ten years.
Director Napolitano noted all of the repair work and restoration would be done
inside the premises, due to the value of the vehicles. No cars would be stored or parked
outside. The hours of operation would be from 8:00 a.m. to 6:00 p.m. Monday through
Friday, and 8:00 a.m. to 12:00 p.m. on selected Saturdays. Due to the specialization of
April 21, 2003
Page 4
the proposed business, Staff has no concerns regarding traffic and parking. Director -L
Napolitano opined since there would be no vehicles stored outside, the high integrity of the
business park would be maintained.
Director Napolitano stated at a Public Hearing held on April 3, 2003, the Planning
and Zoning Commission unanimously recommended approval of a Use Variance to allow a
Corvette repair and restoration business at the premises located at 2730 Barney Court,
subject to no outside storage of cars or any other material on the subject property.
Motion by Glab, seconded by Murgatroyd, to direct Staff to draft an ordinance
approving a use variance to allow a Corvette repair and restoration business at 2730
Barney Court, located in the Adams Commercial Centre, subject to the following:
• No -outside storage of cars, or any other material, is permitted on the subject
property; and
• The use variance ceases to be in effect upon the sale by Mr. Cone of his Corvette
repair and restoration business, or termination of the corporation known as CC
Vette, Inc.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None. _
Motion carried.
ORDINANCES GRANTING A ZONING MAP AMENDMENT, VARIANCES, PLATS OF
VACATION AND AN ORDINANCE AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT WITH LANCO DEVELOPMENT COMPANY FOR THE
PROPERTY LOCATED AT 3316-3412 WAUKEGAN ROAD
Director Napolitano stated at the March 31, 2003 meeting Council directed Staff to
draft the following documents:
• An ordinance authorizing execution of a Redevelopment Agreement between the
City of McHenry and Lanco•Development Company for approximately 1.69 acres of
property located at 3316-3412 Waukegan Road;
• An ordinance granting a zoning map amendment, certain variances and approval of
a Final Plat of Subdivision for property located at 3316-3412 Waukegan Road;
• An ordinance vacating a private lane and temporary easement located north of
Waukegan Road and south of Boone Lagoon, in the City of McHenry, McHenry
County, Illinois; and
• An ordinance vacating a gas line easement located north of Waukegan Road and
south of Boone Lagoon.
Motion by Bolger, seconded by Wimmer, to approve the following:
• An ordinance authorizing execution of a Redevelopment Agreement between the
City of McHenry and Lanco Development Company for approximately 1.69 acres of
property located at 3316-3412 Waukegan Road;
• An ordinance granting a zoning reclassification to RM-2 High Density Multi-Family
April 21, 2003
Page 5
Residential; granting a variance to allow five buildings on a single zoning lot;
granting a variance to permit a front yard setback of six feet; granting a variance to
permit a side yard setback of five feet; granting a variance to permit a rear yard
setback of zero feet; granting a variance to permit the reduction from the required
75% brick fascia exterior; granting approval of the Riverwalk Place Subdivision
prepared by Smith Engineering Consultants, dated 2/13/03, with a revision date of
3/14/03; .
• An ordinance vacating a private lane and temporary easement located north of
Waukegan Road and south of Boone Lagoon, and
• An ordinance vacating a gas line easement located north of Waukegan Road and
south of Boone Lagoon.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried. �
REQUEST FOR A CONDITIONAL USE TO ALLOW A DRIVE-THR1i FACILITY AND
OUTDOOR SEATING, IN CONJUNCTION WITH A DUNKIN DONUTS/BASKIN ROBBINS
RESTAURANT AND A VARIANCE TO REDUCE THE NUMBER OF REQUIRED OFF-
STREET PARKING SPACES BY 11. FROM 42 TO 31 AT 4500 WEST ELM STREET
Director Napolitano informed Council the Applicant is requesting a Conditional Use
Permit to construct a 3,280 square foot Dunkin Donuts/Baskin Robbins restaurant at 4500
W. Elm Street, with a drive-thru facility and outdoor seating. In addition, the Applicant is
seeking a variance to reduce the number of required off-street parking spaces from 42 to
31.
Director Napolitano noted as part of the construction of the new facility both the
existing Dunkin Donuts and the Handy Pantry would be demolished simultaneously with
construction of the new facility.
Director Napolitano stated Staff has been working with the Applicant and feels the
proposed drive-thru layout, site and landscape plan are acceptable. All concerns
expressed by Staff and the Planning and Zoning Commission have been addressed. Staff
has no concerns with the location of the outdoor seating area.
Director Napolitano informed Council the Planning and Zoning Commission at a
Public Hearing held on April 3, 2003 voted unanimously -to make the following
recommendation:
• Grant a Conditional Use Permit to allow a drive-thru for the proposed Dunkin
Donuts/Baskin Robbins
Grant a Conditional Use Permit to allow an outdoor seating area adjacent to the
building, subject to the following:
o The pole/pylon sign be replaced with a monument sign;
o A wrought iron railing, meeting Building Officials and Code Administrators
(BOCA) be utilized to enclose the outdoor seating area;
o Decorative down lighting fixtures be utilized for parking lot lighting, with no
April 21, 2003
Page 6
spillover to property to the north.
• Grant a Variance to allow a reduction of 11 off-street parking spaces, from 42 to 31,
with the following conditions:
o An additional landscape island be placed along Route 120;
o A handicapped ramp detail be submitted;
o Directional signage shall not exceed 5 feet in height;
o Illinois Department of Transportation ("4DOT") approval be granted;
o Plant one tree for each 50 feet of frontage along the Route 120 property line;
o Location of temporary soil remediation trailer be indicated on the site plan;
and
o Lighting detail be submitted.
Director Napolitano noted the Planning and Zoning Commission additionally
recommended the following items be considered. A revised site plan and landscape plan
should be submitted addressing the following revisions:
• Trees along frontage do not interfere with existing power lines:
• Handicapped spaces be moved farther to the east to align moFe closely with the
front entrance;
• Entrance off Ramble Road be widened to 14' and the turning radius to drive-thru be
increased; and _
• Westernmost tree along Route 120 frontage be moved to the east so as not to
interfere with sight distance of cars entering and exiting the site.
Motion by Glab, seconded by Bolger, to direct Staff to prepare an ordinance
granting:
• A Conditional Use Permit to allow a drive-thru for the proposed Dunkin
Donuts/Baskin Robbins
• A Conditional Use Permit to allow an outdoor seating area adjacent to the building,
subject to the following:
o The pole/pylon sign be replaced with a monument sign;
o A wrought iron railing, meeting Building Officials and Code Administrators
(BOCA) be utilized to enclose the outdoor seating area;
o Decorative down lighting fixtures be utilized for parking lot lighting, with no
spillover to property to the north.
• A Variance to allow a reduction of 11 off-street parking spaces, from 42 to 31, with
the following conditions:
o An additional landscape island be placed along Route 120;
o A handicapped ramp detail be submitted;
o Directional signage shall not exceed 5 feet in height;
o Illinois Department of Transportation ("IDOT") approval be granted;
o Plant one tree for each 50 feet of frontage along the Route 120 property line;
o Location of temporary soil remediation trailer be indicated on the site plan;
and
o Lighting detail be submitted;
April 21, 2003
Page 7
And, further, that the Applicant provide a revised site plan and landscape plan addressing
the following concerns and revisions:
• Trees along frontage do not interfere with existing power lines:
• Handicapped spaces be moved farther to the east to align more closely with the
front entrance;
• Entrance off Ramble Road be widened to 14'-and the turning radius to drive-thru be
increased; and
• Westernmost tree along Route 120 frontage be moved to the east so as not to
interfere with sight distance of cars entering and exiting the site.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
rt
ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN. INC. FOR THE
INSTALLATION AND OPERATION OF REMEDIATION EQUIPMENT-AT THE PUBLIC
WORKS GARAGE LUST SITE IN AN AMOUNT NOT TO EXCEED $290,000
Director of Public Works Marcinko iterated to Council at the May 12, 1999 regular
meeting Council approved Baxter & Woodman's proposal for the design of a pilot
remediation plan and permit application to the Illinois Environmental Protection Agency
(IEPA) for fuel recovery at the City of McHenry Public Works Garage.
Baxter & Woodman's Corrective Action Plan for fuel recovery has been approved by
the IEPA. The Plan requires the installation of an enhanced bioventing system and an
underground pump and treatment system to remediate the portion of property
contaminated by gasoline. Director Marcinko explained the groundwater pump and
treatment system consists of a recovery well, groundwater pump and sanitary sewer
service connection. Baxter & Woodman will handle the operation of the system, which
consists of data collection and bi-weekly monitoring of the system.
Staff is requesting Council approval of the Engineering Services Agreement with
Baxter & Woodman for installation and operation of equipment, in an amount not to exceed
$290,000. Director Marcinko stated this item was included in Capital Improvement
Projects (CIP) and budgeted at $400,000 in the 2003/2004 Fiscal Year Budget.
Director Marcinko informed Council Baxter & Woodman's $290,000 fee for site
clean-up will be 95% reimbursable through the IEPA. Director Marcinko stated
reimbursement is not likely to be received by the City from the IEPA for twelve to eighteen
months following remediation completion.
Director Marcinko noted because this method of remediation has been approved by
1
the IEPA no further remediation would be required at the site.
April 21, 2003
Page 8
Motion by Bolger, seconded by Wimmer, to approve an Engineering Services
Agreement with Baxter & Woodman for installation and operation of equipment to
remediate the contamination at the Public Works Garage LUST site, in an amount not to
exceed $290,000.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
CURBSIDE REFUSE, RECYCLING AND YARD WASTE COLLECTION CONTRACT
Director Marcinko informed the current curbside refuse, recycling and yard waste
collection contract with Waste Management North for expires on May 31, 2003. The
contract also includes a free yard waste drop-off site at Knox Park and the annual citywide
spring clean up.
Director Marcinko stated the current refuse collection program with Waste
Management consists of cost billed directly to homeowners for curbside collection of
refuse using a toter, and mixed recyclables. Incorporated into the bag and toter cost is an
amount to pay for the curbside loose leaf collection service. Residents also have the
option of purchasing yard waste stickers for curbside collection of bagged yard waste. The
City is billed directly for the yard waste drop off site and any cost associated with the
spring clean-up service.
Director Marcinko noted due to several inquiries about household refuse collection,
Staff sought authorization from Council to seek competitive proposals from service
providers. It was noted while cost is a major factor in awarding the contract to a service
provider, factors such as performance, customer service and reliability are also
considered.
Director Marcinko informed Council two firms, Marengo Disposal and Waste
Management North submitted proposals. Comparing the submitted rates, a typical
homeowner using the bag system would pay $232.20 annually in the first year utilizing the
services of Marengo Disposal versus $250.56 with Waste Management North, a difference
of $18.36 per year in savings. A homeowner utilizing the toter service with an annual cost
of $287.40 using Marengo Disposal versus $316.68 proposed by Waste Management
North recognizes $29.28 per year in savings.
Director Marcinko stated Waste Management North has consistently rated high for
customer service and performance standard. However, from a cost-only perspective,
Marengo Disposal's proposal represents a savings to the residents of the City of McHenry.
Staff recommends awarding a three-year curbside refuse, recycling and yard waste
collection contract to Marengo Disposal, with an annual household hazardous waste
collection event to begin in the 2004/2005 fiscal year.
Motion by Murgatroyd, seconded by Bolger, to approve a three year curbside
April 21, 2003
Page 9
refuse, recycling and yard waste collection contract with Marengo Disposal, including an
annual household hazardous waste collection event to begin in the 2004/2005 fiscal year.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF CONTRACT FOR MUNICIPAL TELEPHONE SYSTEM TO MIDCO INC IN
AN AMOUNT NOT TO EXCEED $65,095
Assistant Administrator Lockerby addressed Council explaining the current
telephone system no longer meets the needs of the City. He stated the system currently in
use is three systems, which have numerous deficiencies including limited messaging
capabilities, limited or no transfer ability, no ability to expand, no ability to add new lines
and no effective way to conform with the E-911 state mandated telecommunication
standards.
The Telephone Committee, consisting of Assistant Director of Public Works Fink,
Assistant Administrator Lockerby, Police Officer Molnar and Information Technology
Specialist Harris, reviewed eleven proposals received from ten vendors in response to a
Request for Proposals for the telephone system. Three finalists were selected based upon
the solution recommended by the Committee, cost, and completeness of the proposal.
Each of the three finalists met with the Telephone Committee and provided a
demonstration of the proposed product.
Assistant Administrator Lockerby informed Council the Toshiba CTX 670 telephone
system proposed by MIDCO is the recommended solution. The system offers a reliable
system that has the capacity to expand with the organization. MIDCO is a reputable
company, which has experience with municipal clients. The cost is $59,177.08, with a
10% contingency for a total of $65,095. Assistant City Administrator Lockerby noted the
2002/2003 Budget included $50,500 for a telephone system and through cost savings
during the past year the additional expense can be accommodated.
Alderman Low commended the Telephone Committee on their diligent efforts.
Motion by Murgatroyd, seconded by Wimmer, to award a contract for purchase of
equipment for the City's Municipal Telephone System to MIDCO, in an amount not to
exceed $65,095.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer
Voting Nay: None.
Absent: None.
Motion carried.
ti
MAYOR— STATEMENT AND REPORT
In the absence of Mayor Althoff there was no Mayor Statement and Report.
April 21, 2003
Page 10
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd informed
Council the Committee has completed and balanced the 2003/2004 Fiscal Year Budget.
Alderman Bolger complimented City Administrator Maxeiner on the concise
presentation and compilation of budgetary information.
Alderman Glab informed Council he is unavailable to attend the Community
Development Committee meeting scheduled on April 30, 2003, due to work conflicts.
Alderman Glab requested the meeting be rescheduled. Chairman Alderman Wimmer
agreed to reschedule the meeting and requested members of the Community Development
Committee check their calendars and notify City Administrator Maxeiner of their availability
regarding an alternative date.
DEPARTMENT HEAD REPORTS �K
Director of Public Works Marcinko informed Council Riverside Hollow Subdivision
has obtained approval from City Engineering firm Baxter & Woodman-for the steel case
piping. Start up of the Riverside Hollow Lift Station is anticipated on April 25, 2003.
Director Marcinko stated the next informational update meeting regarding the Illinois
Route 120 Project is scheduled for Wednesday, April 23, 2003 at 3:00 p.m. Director
Marcinko informed Council a request has been received from business owners seeking a
reduction in speed from 45 mph to 35 mph on Route 120 from Ringwood Road to the
Cunat Building located on Route 120.
Director of Parks and Recreation Merkel informed the Council the Arbor Day
Ceremony is scheduled to take place at 3:00 p.m. on Friday, April 25, 2003 at the
Municipal Center. A tree planting ceremony will commence immediately following the
program.
Director of Community Development Napolitano stated he would like Committee
members to consider scheduling a joint Community Development and Public Works
Committee meeting in mid-May to review the Subdivision Control Ordinance.
NEW BUSINESS
Alderman Murgatroyd requested City Administrator Maxeiner provide Council with a
schedule of Council meetings Mayor Althoff will be unable to attend prior to her resignation
as Mayor of the City of McHenry.
Responding to Alderman Glab's. inquiry, Director of Community Development
Napo Iitano'informed Council funds earmarked for the Illinois Tomorrow Grant Program are
federal dollars provided to the Illinois Department of Transportation that can be used only
for the preparation of plans and studies. The funds for the Comprehensive Transportation
Study are secure as the funding awarded to the City of McHenry cannot be used for any
other purposes nor can they be transferred to any other state agencies.
April 21, 2003
Page 11
ADJOURNMENT
Motion by Murgatroyd, seconded by Glab, to adjourn the meeting at 8:35 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried. .
The Meeting was adjourned at 8:35 p.m.
MAYOR PRO TEM CLE
i