HomeMy WebLinkAboutMinutes - 10/04/2004 - City Council REGULAR MEETING
OCTOBER 4, 2004
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, October 4, 2004 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, City Attorney McArdle, Deputy Clerk Kunzer, Chief of Police
O'Meara, Director of Parks and Recreation Merkel, Director of Community Development
Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: City
Clerk Jones.
TEN,MINUTE PUBLIC INPUT SESSION
Wilbert Hecht of Cherry Valley, Illinois addressed Council regarding concerns with
Woodland Cemetery in McHenry. He questioned Woodland Cemetery Association's right
to re-sell plots previously purchased by his father in 1958. Mr. Hecht requested City
assistance in rectifying the situation. City Administrator Maxeiner will investigate the matter
in an effort to assist Mr. Hecht.
Roy Aldersbay of Casey Equipment Company addressed Council regarding the
proposed award of bid for the purchase of a combination loader/backhoe for the Public
Works Department. He requested clarification on the bid award policy. City Administrator
Maxeiner responded noting it is generally City policy to award the bid to the lowest
responsible bidder meeting all required specifications. City Administrator Maxeiner further
explained it is City policy to accept only those bid proposals submitted prior to or at the
published deadline. Information supplied to the City following the bid opening is not
reviewed or included in bid award procedures.
CONSENT AGENDA
Alderman Glab requested Consent Agenda Item D. Award of Bid for Purchase of
Street Division Loader/Backhoe to McCann Industries, Inc. be removed from the Consent
Agenda for further discussion.
Motion by Murgatroyd, seconded by Wimmer to approve the Consent Agenda as
amended:
A. CALEA General Orders Revisions;
B. Request for Temporary Sign Permit and Waiver of all fees for Annual Rummage
Sale - Landmark School Community Organization;
C. Award of Bid for Purchase of Street Division Brush Chipper — Alexander
Equipment Company;
E. Request for Final Payout for Petersen Park Phase 1 Waterfront Development
Project— D.L. Franzen;
F. Award of Bid for Purchase of vehicle for Community Development Department—
Gary Lang Auto Group;
G. Ordinance to allow reduction in required parking spaces—3710 West Elm St.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
t Voting Nay: None.
Absent: None.
Motion carried.
October 4, 2004
Page 2
AWARD OF BID FOR THE PURCHASE OF STREET DIVISION LOADER/BACKHOE — '~
MCCANN INDUSTRIES, INC.
Alderman Glab suggested Council defer action on the award of bid for the
loader/backhoe until further information is available regarding the bids submitted for this
purchase. Some discussion followed.
City Administrator Maxeiner noted the bid specifications for the equipment stated
the rear wheel base must be a minimum of 91". As the submitted bid by Casey Equipment
did not include the 91" rear wheel base, the bid was not considered. As a result it was
Staffs recommendation to award the bid to the lowest bidder meeting all specifications,
McCann Industries Inc. 1.
Motion by Glab, seconded by Bolger, to defer action on the award of bid for the
purchase of the Street Division loader/backhoe until bid submittals and specifications have
been further reviewed by Staff and information is provided to Council.
Voting Aye: Bolger, Glab, Peterson.
Voting Nay: Low, Murgatroyd, Wimmer, Condon.
Absent: None.
Motion failed.
Discussion continued. Alderman Murgatroyd stated voting on the award of bid at
this time is appropriate, however, he would prefer Staff to investigate all bids submitted for
this purchase and report their findings to Council in this week's Friday Report.
Motion by Murgatroyd, seconded by Condon, to award the bid for the purchase of a
combination loader/backhoe for the Public Works Street Division to McCann Industries,
Inc. in an amount not-to-exceed $71,433.
Voting Aye: Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Bolger, Glab, Peterson.
Absent: None.
Motion carried.
REQUEST FOR MINOR VARIANCE TO ALLOW SHED IN REQUIRED FRONT YARD
206 N. CROSS TRAIL
Trail. In attendance were Mr. and Mrs. Paul Harris, property owners of 206 North Cross
re e"•
Director of Community Development Napolitano stated the subject property has
frontage on two streets, Cross Trail and Dartmoor Drive. As a result of the double frontage
the request for a building permit to construct a shed on the premises was denied as sheds
are not permitted in the front yard. The applicants appeared before the Planning and
Zoning Commission at a Public Hearing held on September 16, 2004 and received a
unanimous recommendation that a variance be granted to permit the construction of a
shed on their property.
October 4, 2004
Page 3
Motion by Condon, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to pass an ordinance
granting a variance to.permit the construction of a shed in the required front yard of the
property located at 206 North Cross Trail.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR FENCE VARIANCE—200 NORTH GREEN STREET
Director Napolitano stated a variance to permit a farm-style fence for a five-year
period was granted to the property owner in 1999. At this time the property owner is
seeking Council approval to permit the existing farm-style fence on a permanent basis.
Alderman Glab opined Council should consider amending the fence ordinance if a
farm-style fence is permitted in this instance. He noted as farm-style fencing is prohibited
by ordinance, he questioned the wisdom in granting permission in this case. He suggested
the issue be discussed at the next meeting of the Community Development Committee.
Alderman Condon expressed concern that a precedent would be set, and additional
wire fences would be allowed, if this request to allow a permanent farm-style fencing is
granted.
Mayor Low stated following her visit to the subject property, she has determined the
fence is unobtrusive. Each request for fence variance should be considered on its own
merit. Mayor Low stated she was not in favor of amending the fence ordinance at this time.
Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to
approve the request to permanently maintain the farm-style fence on the property located
at 200 North Green Street.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab, Condon.
Absent: None.
Motion carried.
REQUEST FOR VARIANCES TO REQUIRED LOT WIDTH AND FRONT/SIDE YARD
BUILDING SETBACKS—4660 WEST ELM STREET
Director Napolitano stated the property owners of 4650 West Elm Street are
attempting to enhance their building as well as provide additional floor space for their
business, La Rosita Grocery Store. Director Napolitano noted the lot width variance would
remove an existing non-conformity. The property has a 150' frontage and the ordinance
requires a 200' frontage. The variance would eliminate the lot width non-conformance.
Director Napolitano stated the property owners are modifying the building facade
and entry, and incorporating refrigerated storage on the premises, necessitating variances
October 4, 2004
Page 4
as follows: .�
Front yard building setback reduction from 25' to 9.6'
Side yard building setback reduction from 10' to 2.2' on the west property line.
He noted the applicants appeared at a Public Hearing before the Planning and Zoning
Commission on September 16, 2004. The Commission unanimously recommended
approval of the request.
Alderman Glab suggested the applicants bring the property into conformance as
opposed to being granted additional variances.
Alderman Murgatroyd commended the applicants on the proposed improvements,
noting the modifications would greatly improve the Route 120 streetscape. Alderman
Condon concurred with Alderman Murgatroyd.
Mayor Low stated the owners are proposing a nice addition to their existing facility.
She further stated it is good to see improvements along Route 120.
In response to Alderman Glab's inquiry, Director Napolitano stated the building
modification variance would be tied to the construction plans for this project.
Motion by Bolger, seconded by Murgatroyd, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an —
ordinance granting variances to the property located at 4650 West Route 120 as follows:
Lot width reduction from 200' to 150';
Front yard building setback reduction from 25' to 9.6';
Side yard building setback reduction from 10' to 2.2' on the west property line.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE ARE
AND OUTDOOR STORAGE OF PROPANE AND NITROGEN GAS CYLINDERS -
INLAND BUSINESS PARK LOTS 55 AND 56
In attendance were Bruce Ebner of SBC, David Young of Teng and Associates, and
Scot Larsen of Teng and Associates.
Director Napolitano reported SBC intends to move its regional facility from Gracy
Road to the proposed site on Lots 55 and 56 in Inland Business Park. The proposed new
facility will include outside storage, as well as the storage of propane and nitrogen gas
tanks on the premises. Director Napolitano noted the perimeter of the outdoor storage area
would be fenced with a chain link fence and privacy slats. The propane and nitrogen gas
tanks would be housed in a storage shed placed near the center of the site.
Director Napolitano stated as the amount of outdoor storage being requested
exceeds that permitted by the Business Park covenants, SBC secured permission of the
October 4, 2004
Page 5
Inland Business Park owners who have stated the facility will be an asset to the Business
Park.
Director Napolitano noted the applicant appeared at a Public Hearing before the
Planning and Zoning Commission on September 2, 2004. The Commission unanimously
recommended approval of the request for a conditional use permit to allow outside storage
on the premises and a conditional use permit to permit the storage of propane and
nitrogen gas cylinders on the premises.
In response to an inquiry from Alderman Bolger, Mr. Ebner stated the vehicles
would not be fueled on the premises. 1.
Motion by Condon, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an
ordinance granting the following:
1. Conditional use permit to allow an outdoor storage area of 21,000 square feet on Lots
55 and 56 in Inland Business Park;
2. Conditional use permit to allow the storage of propane and nitrogen gas cylinders on
Lots 55 and 56 in Inland Business Park.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE AND AMENDMENT TO EXISTING CONDITIONAL
USE PERMIT— 1901 NORTH RICHMOND ROAD
In attendance was Wendy Kenny of WD Partners, sign contractors for Mobil Oil.
Director Napolitano stated Mobil Oil intends to demolish their existing buildings
located at 1901 North Richmond .Road and to rebuild on the site. He stated City Council
has the option of granting an amendment to the existing conditional use permit (Ordinance
No. 0-90-568) for this property or refer the request to the Planning and Zoning
Commission for Public Hearing and recommendation.
Director Napolitano noted the proposed property layout will include better onsite
traffic flow. The new site plan includes a new gas station, larger convenience store and car
wash facility.
Motion by Wimmer, seconded by Murgatroyd, to direct Staff to prepare an ordinance
granting an amendment to Ordinance No. 0-90-568 allowing a conditional use permit to
construct and operate a gas service station, convenience store and car wash on the
premises located at 1901 North Richmond Road.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
.� Voting Nay: None.
Absent: None.
Motion carried.
October 4, 2004
Page 6
In addition, Director Napolitano stated Mobil is requesting a sign variance to '�-
accommodate their new sign package. Director Napolitano noted there would actually be a
reduction from 11 signs to 9 signs, reducing the total area of sign faces. Staff recommends
approval of the sign variance with the exception of the proposed two changeable copy
spanner banners which should be reduced in size from 32 square feet to 16 square feet.
Ms. Kenny stated it is Mobil's intent to use the spanner banners as changeable
copy to announce regular on-site sales. She suggested Mobil would prefer one 33 square
foot spanner banner on the convenience store canopy as opposed to two 16 square foot
banners, one on the convenience store and one on the car wash.
In response to Council inquiry, Ms. Kenny stated the typical spanner banner size is
1 '/ feet X 20 feet. She noted if Council permits two spanner banners, one would be
placed on a convenience store canopy facing Route 31 and the other would be located on
the car wash canopy facing McCullom Lake Road.
Alderman Glab suggested Mobile utilize window signs instead of spanner banners.
Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to
approve a sign variance to Mobil Oil for their facility located at 1901 North Richmond Road
to permit the following:
Free-standing Sign: 1 sign, 8' tall, monument style, 33.25 sf, at SE corner of the site —
Wall Signs: 6 signs, 276.15 sf total
"On the Run", 96 sf on E elevation, facing Richmond Road
"On the Run", 17.15 sf on S elevation, facing McCullom Lake Road
"Wash-n-Run", 56 sf on NE elevation of car wash
"Wash-n-Run", 41 sf on SE elevation of car wash
2 changeable copy spanner banners, 16 sf each, 32 sf total
Canopy Signs: 2 signs, "Mobil", 13.6 sf each, 27.2 sf total.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
WATER SUPPLY WELL NO. 13:
• AWARD OF BID FOR CONSTRUCTION — MEADOW EQUIPMENT SALES AND
SERVICE:
•t,,RE-APPROPRIATION OF $620,000 IN UTILITY IMPROVEMENTS FUND FROM
WESTSIDE ELEVATED STORAGE TANK NO. 4 TO WELL NO. 13
CONSTRUCTION PROJECT
Director of Public Works Marcinko reminded Council authorization was granted to
Staff to advertise for bid for the construction of Water Supply Well No. 13 at the January 5,
2004 regularly scheduled Council meeting. Bids were sought and opened on September
14, 2004. The low bidder was Meadow Equipment Sales and Service of Carol Stream.
Illinois in the amount of $524,168. Additionally, this request includes the pre-authorization
to spend up to $75,000 for additional work that may be necessary to maximize production
volume of the well. Director Marcinko stated the activation of Well No. 13 would assist
October 4, 2004
Page 7
during peak summer months to alleviate a need for sprinkling bans. In conclusion, Director
Marcinko stated in order to fund this project, it is necessary to re-appropriate $620,000
from the west side Elevated Storage Tank No. 4 to Well No. 13 in the Utility Improvement
Fund. The cost of the Engineering Services Agreement for this project would be Included
in the $620,000.
Motion by Wimmer, seconded by Condon, to accept Staffs recommendation as
follows:
• Award the contract for the construction of Water Supply Well No. 13 to Meadow
Equipment Sales and Service Inc in an amount not-to-exceed $599,158;
• Approve the re-appropriation of$620,000 from the west side Elevated Storage Tank
No. 4 to Well No. 13 in the Utility Improvement Fund.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION OF
WATER SUPPLY WELL NO. 13— BAXTER AND WOODMAN
Director Marcinko stated an Engineering Services Agreement has been submitted
by Baxter and Woodman to oversee the construction of Water Supply Well No. 13. The
amount specified in the Agreement is $19,500, which would be funded in the above-
referenced re-appropriation of monies within the Utilities Improvement Fund.
In response to an inquiry from Alderman Murgatroyd, Director Marcinko stated the
Agreement amount would not change if the additional $75,000 is utilized to maximize
production volume of the well.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
authorize the Mayor's execution of an Engineering Services Agreement with Baxter and
Woodman in an amount not-to-exceed $19,500 for construction observation of the Water
Supply Well No. 13 construction project.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT FOR PREPARATION OF OPINION OF
PROBABLE COST FOR PETERSEN PARK 22-ACRE ADDITION — SMITH
ENGINEERING CONSULTANTS
Director of Parks and Recreation Merkel stated discussion occurred at the Parks
and Recreation Committee's September 9, 2004 meeting regarding the utilization of the
funds remaining in the grant received for the Petersen Park 22-acre addition. Following a
lengthy discussion it was the Committee's recommendation to authorize the execution of
an Engineering Services Agreement with Smith Engineering Consultants in the amount of
~-' $3660.30 to secure an Opinion of Probable Cost for the construction of the Petersen Park
22-acre addition.
October 4, 2004
Page 8
Alderman Murgatroyd questioned the wisdom of voting on an Agreement to secure "�-
an Opinion of Probable Cost when the plan for the 22-acre park addition has not been
approved by Council. He suggested Council should create and approve a Parks Master
Plan and specific plan for this addition prior to requesting an Opinion of Probable Cost for
this site. Alderman Murgatroyd also expressed his opinion there is already a surplus of ball
fields and soccer fields within the park system. To utilize this 22-acre site for the creation
of more of these athletic fields would be a mistake.
Alderman Wimmer noted Dartmoor Park has not yet been completed. He suggested
completion of this park prior to the construction of the Petersen Park 22-acre addition
should take precedence. Alderman Wimmer concurred with Alderman Murgatroyd
regarding the overabundance of athletic fields within the park system.
Alderman Peterson stated soccer fields are used for a limited time during the year
and could be considered open space when not in use for this sport.
Alderman Condon stated Council is not yet ready to approve the concept plan for
the 22-acre Petersen Park expansion. However, in order to utilize the remaining grant
dollars for this project, an Agreement to secure an Opinion of Probable Cost for the park
expansion seems appropriate. If the City does not utilize the $3660.30, it will be forfeited.
In response to Council inquiry, Director Merkel stated no specific grant expiration date has
been set.
Mayor Low opined acquiring an Opinion of Probable Cost for the 22-acre expansion
is premature inasmuch as no approved expansion plan is in place. Mayor Low inquired
why the City should obtain a cost estimate when the City is not certain how the property
will be utilized.
In response to Alderman Murgatroyd's inquiry, Director Merkel stated the amount of
grant money at risk of being forfeited is $3660.30.
Alderman Peterson stated part of the process of creating a concept plan for the park
expansion is determining the cost of construction. Once the cost is known, the project can
be included in the City's Capital Improvement Plan.
Alderman Glab stated the City should investigate the soil condition of this parcel
before recommending a plan and securing a cost to implement the plan.
"" .Motion by Murgatroyd, seconded by Wimmer, to accept the recommendation of the
Parks and Recommendation Committee to authorize the Mayor's execution of an
Engineering Services Agreement with Smith Engineering Consultants for the preparation
of Opinion of Probable Cost for the Petersen Park 22-acre addition.
Voting Aye: Bolger, Glab, Low, Wimmer, Peterson, Condon. —
Voting Nay: Murgatroyd.
Absent: None.
Motion carried.
October 4, 2004
Page 9
MAYOR—STATEMENT AND REPORT
There was no Mayor Statement and Report.
COMMITTEE REPORTS
McHenry Area Youth Commission (MAYC) representative Alderman Condon noted
a copy of the MAYC Coordinator's Report was distributed to Council for their edification.
She noted the report would be provided to Council on a regular basis.
Parks and Recreation Committee Chairman Alderman Peterson reminded Council at
Parks and Recreation Committee Meeting is scheduled for Wednesday, October 6, 2004
at 7 p.m. in the Aldermen's Conference Room.
Finance and Personnel Committee Chairman Alderman Murgatroyd announced a
Finance and Personnel Committee Meeting is scheduled for Monday, October 11, 2004 at
6:30 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
City Administrator Maxeiner reminded Council he is awaiting their comments
regarding Department Head evaluations.
FUTURE AGENDA ITEMS
Alderman Glab stated candidate signs posted in City rights-of-way continue to
increase. He requested Staff address this issue.
EXECUTIVE SESSION - POTENTIAL LITIGATION
Motion by Peterson, seconded by Bolger, to go into Executive Session to discuss
Potential Litigation at 8:50 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:57 p.m.
p.m. Motion by Murgatroyd, seconded by Wimmer, to return to Open Session at 9:09
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
_art'•
Absent: None.
Motion carried.
Council returned to Open Session at 9:09 p.m.
t
October 4, 2004
Page 10
ADJOURNMENT -�
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:10 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was ad'ourned at 9:10 p.m.
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MAYOR DEPUTY CLERK