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HomeMy WebLinkAboutMinutes - 01/05/2004 - City Council REGULAR MEETING JANUARY 5, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, January 5, 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, Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Finance Kline, Director of Community Development Napolitano. Absent: None. PRESENTATION Doug Gray, current President of the McHenry Jaycees, introduced the President- Elect, Jamie Lee Ross. Mr. Gray commended the City of McHenry on the continuing cooperation received by the Jaycees during the various events held in the City during the year and presented a check to Mayor Low in the amount of $15,000 to be utilized toward the 2004 annual July 41h fireworks display in Petersen Park. 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 Glab, to approve the Consent Agenda as presented: • Approve City Council Minutes: o November 17, 2003 regularly scheduled meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE — RICHARD AND MICHELLE KELLMAN 1735 REDWOOD LANE Director of Community Development Napolitano stated a request has been received from Richard and Michelle Kellman, residents at 1735 Redwood Lane in the River Oaks Subdivision. Director Napolitano informed Council the Applicants are requesting a variance to allow the installation of a 6' high wood fence along their property line. The proposed fence would be similar in size and style to existing fences located to the west. Director Napolitano stated the Applicants' lot has frontage on Redwood Lane, McCullum Lake Road and Riverside Drive. He noted access to the property is from Redwood Lane. Director Napolitano informed Council that current regulations require a 30' setback be maintained from any road right-of-way. Allowing a fence to be installed along the property line would provide greater useable area in the rear yard for the Applicants' two large dogs, as well as provide additional privacy from McCollum Lake Road and Riverside Drive. t Director Napolitano noted, however, that installation of the fence is in opposition to the site distance or vision clearance triangle of the City's Zoning Ordinance, which states January 5, 2004 Page 2 that there shall be no obstruction in a triangular area formed by the intersection of two -` lines, 30' from the intersection, connected by diagonal lines. Staff has no concerns with the installation of the fence, but is recommending the Applicants install the fence outside of the boundaries of the vision clearance triangle. A lengthy discussion ensued regarding the possibility of future expansion on Riverside Drive. Alderman Glab stated he is unable to support the request for a fence variance, opining it would limit the ability to make improvements on Riverside Drive in the future. Motion by Murgatroyd, seconded by Wimmer, to approve the request from Richard and Michelle Kellman for a variance at 1735 Redwood Lane to allow the installation of a 6' high wood fence along the rear property line. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR TEMPORARY OFF-SITE SIGN PERMIT: YOLANDA'S RESTAURANT AND CATERING, 3980 ALBANY STREET Director of Community Development Napolitano informed Council that Applicant _ Yolanda Kuenster, owner of Yolanda's Restaurant and Catering located at 3980 Albany Street in the Tonyan Industrial Park, is requesting approval to locate a temporary, portable sign on the vacant lot at the northeast corner of State Route 31 and Albany Street for a period of 30-days. Director Napolitano stated the Applicant is requesting the temporary sign to remind customers that the restaurant is still open for business and also to attract new patrons. Director Napolitano noted a sign advertising the restaurant was formerly situated on the subject property, however, when American Community Bank was constructed, the sign was removed. The Applicant indicated business has decreased as a result of the sign removal. Director Napolitano stated Staff has no concerns with the request. The location of the restaurant is within an industrial park and there is not the visibility from a major road to attract new customers. Permitting the proposed temporary sign at the location indicated for a period of 30-days would assist with the viability of the business. A discussion ensued regarding whether or not a 30-day permit was adequate. Alderman Glab stated he would not support the request as it was in opposition to current ordinances and may set precedence. Motion by Bolger, seconded by Condon, to approve the request from Yolanda's Restaurant and Catering, located at 3980 Albany Street, to place a temporary off-site advertising sign at the northeast corner of the intersection of Route 31 and Albany Street for a 30-day period. January 5, 2004 Page 3 Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW TWO DRIVE-THRU FACILITIES AT NORTHGATE WEST SUBDIVISION Director of Community Development Napolitano informed Council that the Applicant, Concept Investments, LLC, is requesting a Conditional Use Permit to construct two drive- thru facilities adjacent to a 14,000 square foot multi-tenant building on Lots 8-20, approximately 3.4 acres, of the Northgate West Subdivision. The proposed building on the site would include a 6,000 square foot sit-down restaurant, a Dairy Queen, miscellaneous shops and a coffee shop-like establishment similar to Panera Bread. Director Napolitano noted the drive-thru lanes are proposed at the north and south ends of the building, one for the Dairy Queen and one for the coffee shop. Director Napolitano opined Staff had significant concerns with the original site plan and proposed layout of the drive-thru lanes. However, following a meeting with the Applicant, several revisions to the site plan were made and concerns relating to design, circulation, emergency vehicle accessibility and appropriate signage have been addressed. Director Napolitano noted there is one full access point to the subject property off of Diamond Drive and a right-out only off of Schaid Court. The access points are approximately 210 feet apart. Director Napolitano stated the Planning and Zoning Commission, at a Public Hearing held on December 11, 2003, unanimously recommended approval of the Conditional Use Permit to allow two drive-thru facilities in Northgate West Development subject to the following conditions: • The parking behind the building shall be restricted to employee-only parking; • Deliveries at the rear of the building, as well as garbage pick-up, shall be restricted to early morning and late evening hours. Curt Yost, Construction Superintendent, responding to Alderman Murgatroyd's inquiry regarding how the two drive-thru facilities would function, described the configuration and stacking of the proposed drive-thru facilities in detail. Alderman Murgatroyd opined he is not particularly in favor of the two drive-thru facilities being on display at the north gateway entry to the City. Alderman Murgatroyd expressed concern regarding the possibility of an inadequate amount of parking to accommodate tenants. Director Napolitano assured Council there would be adequate parking for tenants. Motion by Murgatroyd, seconded by Bolger, to direct Staff to prepare an ordinance granting a Conditional Use Permit to allow two drive-thru facilities at the Northgate West t Subdivision, subject to the following conditions: • The parking behind the building shall be restricted to employee-only parking; • Deliveries at the rear of the building, as well as garbage pick-up, shall be restricted January 5, 2004 Page 4 to early morning and late evening hours. • The Conditional Use Permit is tied to the specific businesses indicated, namely Dairy Queen and the proposed coffee shop, including name changes due to changes in ownership. Voting Aye: Bolger, Low, Wimmer, Peterson. Voting Nay: Glab, Murgatroyd. Abstain: Condon. Absent: None. Motion carried. DISCUSSION REGARDING WATER SUPPLY FOR WELLS NO. 12 AND 13: • ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN. INC. FOR DESIGN OF WATER SUPPLY FOR WELLS NO. 12 AND 13: • AUTHORIZATION TO ADVERTISE FOR BIDS FOR WELLS NO. 12 AND 13: • RE-APPROPRIATION OF FUNDS FROM THE WEST SIDE ELEVATED TANK PROJECT TO WELL NO. 12 IN THE UTILITY IMPROVEMENT FUND Director of Public Works Marcinko informed Council Staff has been looking for water supply sources to serve the western portion of the City, west of Boone Creek. Inadequate supply in a rapidly growing area, coupled with dry summers the past two years, has highlighted the urgency to increase water production in the area. Director Marcinko noted, at Council's direction, Layne-Western was hired in March 2003 to punch test wells in the Shamrock Farm Subdivision, in an effort to locate shallow wells capable of producing approximately 1,000 gallons per minute (gpm). Although four test wells were constructed in the Shamrock Farm development, only one of the four was identified as having an estimated production capacity of 500 gpm. He noted an additional test well site was constructed at Fox Ridge Park, which also failed to reach the desired production level. Director Marcinko stated that based upon the results of the test wells, City Engineer Baxter and Woodman recommends the City proceed with a two-tiered strategy to increase production in this portion of the City. It is recommended a shallow well capable of producing 500 gpm, be constructed in conjunction with a deep sandstone well capable of producing 1,000 gpm, in order to satisfy production goals. The proposal to construct a deep well versus the past practice of relying on shallow wells is significant from a cost and operations perspective. Director Marcinko noted water supply planning for the City has consistently recognized the eventual necessity of relying at least partially on deep wells to ensure an adequate water supply. He stated in 1989 the Water System Master Plan indicated the future would require the use of deep sandstone wells with treatment facilities to remove , barium and/or radium. In 1994 Baxter and Woodman updated the Water System Master Plan and reiterated their concern that shallow aquifers would be unable to adequately meet the needs of the City and suggested deep wells be installed to supplement the quantity supplied by the shallow wells. January 5, 2004 Page 5 Director Marcinko stated construction costs for deep wells are expected to be between $500,000 and $600,000, approximately three times the cost of a shallow well. However, a deep sandstone well would likely yield the 1,000 gpm required. He noted operation costs for a deep well are also significantly higher due to larger pump motors and the added expense of maintaining equipment utilized 1,000 feet in the ground. There is also the added expense for the removal of chemicals not found in a shallow well. However, he noted utilization of a deep well provides a more stable, reliable water source. Staff suggests utilizing a combination of shallow and deep wells in the area. The water could be commingled to keep treatment costs per unit manageable. Director Marcinko stated the shallow well is currently sufficient to meet the majority of the current demand. He suggested limiting operation of the deep well to the summer months when demand is the highest. Director Marcinko stated the current budget indicates $70,000 in the Utility Improvement Fund (UIF) targeted for Well No 12 and Well No. 13. Awarding the contract for Well No. 12, planned for Fiscal Year 2002/2003, would require an amendment to the budget to accommodate the request. Presently, there is $1.650 million budgeted in the UIF for the west side elevated tank. The contract for this project would not be awarded until Fiscal Year 2004/2005. Staff suggests approximately $300,000 be re-appropriated from the west side elevated tank to commit to the construction of Well No. 12. The award of the contract on Well No. 13 is not anticipated until Fiscal Year 2004/2005. Staff is recommending the following: • Approval of the Engineering Services Agreement, in an amount not-to-exceed $34,100, with Baxter and Woodman to provide the design for: o Shallow well no. 12; o A temporary well housing; and o Deep well no. 13. • Authorization to initiate and conduct the bid process for both wells upon completion of the design documents; and • The re-appropriation of $300,000 in the Utility Improvement Fund from the West Side Elevated Tank Project, to cover the award of contract for Well No. 12. Alderman Bolger expressed concern with the expense of the deep well. Carl Moon, representing City Engineer Baxter and Woodman, stated shallow wells are refurbished vertically by rainfall, noting a shallow well is usually 160-280 feet in depth, while a deep well is 900-1,200 feet in depth. Mr. Moon explained the use of deep wells to supplement shallow wells. He opined shallow wells would be insufficient in the future to accommodate the needs of the City's growing population. 1.. Director of Parks and Recreation Merkel exited the Council chambers at 8:40 p.m. Responding to Alderman Bolger's inquiry, Water Superintendent Jon Schmitt stated January 5, 2004 Page 6 he supports drilling for a deep well. Mr. Schmitt stated the City's average use is approximately 2.5 million gallons per day. Peak use this past summer reached 3.47 million gallons per day. Mr. Schmitt opined the City of McHenry has been fortunate to date, unlike surrounding municipalities, in not having to resort to deep well drilling until now. A brief discussion ensued. Director of Parks and Recreation Merkel returned to Council chambers at 8:44 p.m. Alderman Wimmer opined he supports initiation of the project now, as cost is only likely to increase, and the project is necessary. Motion by Wimmer, seconded by Condon, to authorize the following: • The Mayor's execution of an Engineering Services Agreement, in an amount not-to- exceed $34,100, with Baxter and Woodman to provide the design for: o Shallow well no. 12; o A temporary well housing; and o Deep well no. 13. • Authorization to initiate and conduct the bid process for both wells upon completion of the design documents; and • The re-appropriation of $300,000 in the Utility Improvement Fund, from the West _ Side Elevated Tank Project, to cover the award of contract for Well No. 12. ` Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT TO PREPARE LEAKING UNDERGROUND STORAGE TANK (LUST) SITE CORRECTIVE ACTION PLAN FOR 3308 WEST WAUKEGAN ROAD - BAXTER AND WOODMAN, INC. Director Marcinko informed Council that on May 5, 2000 the Illinois State Fire Marshall notified the City of certain infractions of Underground Storage Tank Regulations occurring at the City-owned marina. In accordance with directions from the Fire Marshall and the Illinois Environmental Protection Agency (IEPA), in November 2000 the City retained the services of Marlin Environmental, Inc. for the removal of two underground storage tanks and one 55-gallon drum. Upon removal of the tanks, the City entered into an Engineering Services Agreement with City Engineer Baxter and Woodman to assist with Leaking Underground Storage Tank (LUST) monitoring and reporting requirements. Director Marcinko noted that Baxter and Woodman issued a Site Classification Completion Report, dated February 4, 2003, outlining the results of the monitoring in which the IEPA classified the site as "high priority." The IEPA response states the City may elect to perform additional investigation of the site prior to preparation of a Corrective Action Work Plan and Budget. Baxter and Woodman has submitted a proposal in the amount of $9,500 for January 5, 2004 Page 7 additional site investigation by obtaining hydraulic samples along the water and sewer ' piping, where contaminants have migrated. In addition, the proposal includes the preparation and submittal of the Corrective Action Work Plan and Budget. Motion by Bolger, seconded by Wimmer, to approve the proposal from Baxter and Woodman for additional site investigation, together with preparation and submittal of the Corrective Action Plan and Budget, in an amount not-to-exceed $9,500. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR THE SOUTH WASTEWATER TREATMENT PLANT EXPANSION - BAXTER AND WOODMAN INC. Director Marcinko informed Council as part of the design process for the South Wastewater Treatment Plant (SWWTP) improvements the City must renew the NPDES permit from the Illinois Environmental Protection Agency (IEPA). Municipalities must obtain this permit prior to any discharge from wastewater treatment plants and also must renew it every five years. The IEPA requires Public Notice of the draft Permit, which would start a 30-day period during which interested parties are able to submit comments to the IEPA regarding the draft Permit. At its discretion the IEPA decides whether or not to hold a Public Hearing in response to comments submitted during the Public Notice period. Baxter and Woodman has submitted a proposal for engineering services to assist the City in the Public Notice and Public Hearing process. Based upon initial comments received from environmental groups, the City expects opposition to the issuance of the NPDES Permit. Director Marcinko noted the original scope of services did not anticipate the level of opposition indicated. Staff is requesting Council authorize an Engineering Services Agreement with Baxter and Woodman to provide assistance with the NPDES Permit process for the SVW1lTP expansion, including the Public Notice, Public Hearing and negotiation processes, in an amount not-To-exceed $20,000. Responding to Alderman Peterson's inquiry, Carl Moon of Baxter and Woodman stated the exact amount for the permit process is unknown at this time as a great deal depends on the level of opposition demonstrated by the various environmental groups. Motion by Murgatroyd, seconded by Bolger, to authorize the Mayor's execution of an Engineering Services Agreement with Baxter and Woodman to provide assistance with 1- the NPDES Permit process for the SVW TP expansion, including the Public Notice, Public Hearing and negotiation processes, in an amount not-to-exceed $20,000. January 5, 2004 Page 8 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO WAIVE BID REQUIREMENT FOR THE PURCHASE AND INSTALLATION OF SCADA SYSTEM AND TO ENTER INTO AN ENGINEERING SERVICES AGREEMENT WITH B&W CONTROL SYSTEMS INTEGRATION, LLC Director Marcinko informed Council that at the December 15, 2003 Public Works Committee meeting the Committee approved Staffs recommendation to waive bidding requirements, move forward with the design/build method for the purchase and installation of a SCADA system for the Water Division and to award the contract to B&W Control Systems Integration, LLC, in an amount not-to-exceed $173,200. Staff recommends awarding the contract to B&W Control Systems Integration, LLC due to Baxter and Woodman's long history of providing engineering services for the City's water and wastewater utilities and their familiarity with the water system. Motion by Wimmer, seconded by Condon to: • Approve the Public Works Committee recommendation to waive the bidding requirements and authorize a design/build method for the purchase and installation of a SCADA system for the Water Division; and • Award the contract to B&W Control Systems Integration, LLC, in an amount not-to- exceed $173,200. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PAYMENT FROM SMITH ENGINEERING CONSULTANTS, INC., IN THE AMOUNT OF $4,868.75 OVER THE APPROVED CONTRACT AMOUNT OF $16,949 FOR ADDITIONAL ENGINEERING SERVICES RELATING TO THE MAIN STREET SANITARYMATER MAIN IMPROVEMENT PROJECT Director Marcinko stated at the May 20, 2002 City Council Meeting, Council approved Smith Engineering Consultants, Inc.'s (Smith) proposal for the engineering and preparation of contract plans for the Main Street Sanitary Sewer Replacement Project and Water main interconnection under the railroad right-of-way, in an amount not-to-exceed $16,945. Director Marcinko noted the project entailed the removal and replacement of approximately 550 lineal feet of existing 8-inch sanitary sewer due to severe deterioration and the interconnection of two dead-end water mains on Main Street, west of Illinois State Route 120. Director Marcinko stated that during the surveying and preliminary investigation of the existing conditions on Main Street it was discovered that: January 5, 2004 Page 9 • All of the businesses along the proposed route of the project were supplied by obsolete lead water services; and • Pavement thickness and soil conditions over the water and sewer mains made open-cut construction techniques prohibitively expensive. Alternatives were discussed and it was agreed that Smith would research different options for repair. Smith submitted three options for improvements to the Main Street infrastructure. Staff is suggesting pursuit of Option No. 3, involving the lining of the interior of the existing sanitary sewer, re-establishing the original flow rate and increasing the structural integrity of the pipe. Staff opined Option No. 3 as the most cost effective. Director Marcinko noted the unknown conditions discovered caused Smith to complete work beyond the original scope of services outlined in the Engineering Services Agreement. Smith is requesting an additional $4,868.75, bringing the contract to a revised total of$21,813.75. Motion by Wimmer, seconded by Murgatroyd, to authorize the payment of$4,868.75 to Smith Engineering Consultants, Inc., for additional work performed for the Main Street Sanitary and Water Main Improvements. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low informed Council that she had met with Carol Sek. Ms. Sek is the coordinator of the organization that prepared the quilt depicting historical landmarks and familiar sites of McHenry, which hangs in the lobby of the Municipal Center. Mayor Low stated Ms. Sek would be removing the quilt from the Municipal Center for a period of time as the organization has received an invitation to appear in Kentucky at a conference where the quilt will be registered. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Peterson announced a Parks and Recreation Committee meeting has been scheduled on Thursday, January 8, 2004 at 7:30 p.m. in the Aldermen's Conference Room. DEPARTMENT HEAD REPORTS City Administrator Maxeiner informed Council a Community Development Committee meeting is tentatively scheduled for Wednesday, January 14, 2004. Items for discussion include Aesthetics, the Adams Farm Development revised Plan and the PUD Ordinance. City Administrator Maxeiner requested that Committee members contact the Community Development Department to confirm their availability. January 5, 2004 Page 10 NEW BUSINESS Alderman Bolger complimented the Public Works Department on their quick response and efficiency during the first snowfall of 2004. Alderman Glab opined discussions regarding the Petersen Park Addition Plan Review should take place before the entire Council rather than just at the Committee level. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:15 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:15 p.m. tcR— C MAYOR CL