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HomeMy WebLinkAboutMinutes - 08/19/2013 - City CouncilREGULAR MEETING August 19 2013 Mayor Low called the regularly scheduled August 19, 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Public Works Schmitt, Chief of Police Jones, Director of Finance Lynch, City Engineer Pieper and City Clerk Jones. Absent: City Attorney McArdle PUBLIC HEARING FOR AN ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT WITH THE CHAPEL; APPROVAL OF AN ORDINANCE ANNEXING THE PROPERTY LOCATED AT 414 SOUTH CRYSTAL LAKE ROAD; AND AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AT SAID PROPERTY Mayor Low opened the Public Hearing at 7:31 pm. Mayor Low requested comments and discussion from Council. Deputy City Administrator Martin informed Council that the Chapel Church currently holds worship services out of McHenry High School West Campus. The Chapel is presently under contract to purchase the property located at 414 South Crystal Lake Road, the Koehn Farm. Following purchase of the property, it is the intent of The Chapel to have a fundraising campaign, expanding over the next few years, in anticipation of constructing a new worship facility. The Koehn Farm is located in unincorporated McHenry County; therefore, annexation to the City of McHenry is required. If the property is annexed it would be zoned E — Estate District. A conditional use permit would be required for assembly use. Assembly uses include religious institutions in addition to any other type of larger gathering place. According to the site plan, The Chapel is proposing to construct an approximately 25,000 square foot church facility, with a seating capacity of 400 people. Two hundred twenty- five parking spaces are depicted on the site plan. An assembly use of this type requires .25 spaces/person design capacity of the facility. Accordingly, one hundred parking spaces are required by ordinance. The site plan also depicts an additional future parking area together with a couple of playing fields and a detention area. The Chapel intends to raze all existing buildings on -site, with the exception of the green pole barn, which they are proposing to relocate from its current location to behind the church building. Staff believes this is an appropriate location for this type of assembly use and that it will not adversely impact neighboring properties or public safety and health. It is Staff's belief the use will not require any additional public services and is compatible with the surrounding area. In reviewing the criteria for a conditional use permit, Staff's primary concern is for traffic, which will be generated from the use during the proposed service times. Applicant has submitted a Regular Meeting Page 2 August 19 2013 traffic study and is planning road improvements to minimize any adverse impact on traffic flow in the area. Deputy City Administrator Martin stated the Planning and Zoning Commission unanimously recommended approval, by a vote of 6-0, of a conditional use permit to allow an assembly use at 414 South Crystal Lake Road, with the condition the site is developed in substantial conformance with the layout depicted on the Preliminary Site Plan. Alderman Condon opined she is comfortable that this is a good location. Alderman Glab inquired about the status of discussions regarding a future service road to connect Knox Drive to Crystal Lake Road. Deputy City Administrator Martin stated the intent is to extend the south property line at some point. The proposal includes a driveway, which would extend along the south property line. Alderman Glab inquired if the driveway would be a private drive. Mr. Martin stated that it would depend on how surrounding parcels developed. Alderman Glab stated he would like to have the wording in the Annexation Agreement revised to assure the $10,000, which is currently site specific for installation of a future traffic signal at Bull Valley Road and Cunat Drive, is not lost should something change in the future. Alderman Condon concurred with Alderman Glab regarding designation of the $10,000. Alderman Condon opined the City of McHenry should maintain control regarding the use of the funds. Alderman Glab expressed concerns regarding the speed limit in the area. Deputy City Administrator Martin indicated that the speed limit reduces from 50 mph to 35 mph on Crystal Lake Road. He suggested the City petition the County of McHenry to have the speed limit reduced to 45 mph. Alderman Santi inquired whether 100% of the farm property was being purchased and whether Parcel 2 was included in the purchase. Staff assured Alderman Santi that Parcel 2 is not included in the purchase. Alderman Santi requested confirmation regarding 1,000 feet of the corner entrance for a build out of a right hand turn lane. Deputy City Administrator Martin informed Council that there is both a right hand turn lane and a left hand turn lane. Mayor Low inquired whether there were any comments from the audience. There were no comments from the audience. Mayor Low requested a motion to close the Public Hearing. Motion by Santi, seconded by Blake to close the Public Hearing for an Ordinance authorizing an annexation agreement with The Chapel; approval of an ordinance annexing the property located at 414 South Crystal Lake Road; and, an ordinance authorizing a conditional use permit to allow an assembly use at said property. Regular Meeting Page 3 August 19 2013 Voting Aye: Voting Nay: Absent: Motion carried. Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. None. None. The Public Hearing closed at 7:42 pm. CONSIDERATION AND ACTION ON ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT WITH THE CHAPEL; APPROVAL OF AN ORDINANCE ANNEXING THE PROPERTY LOCATED AT 414 SOUTH CRYSTAL LAKE ROAD; AND AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AT SAID PROPERTY Responding to an inquiry from Council regarding a traffic light at Bull Valley Road, Deputy City Administrator Martin stated that there is no specific dedication for a traffic light at Bull Valley Road. Mayor Low inquired of Mr. Rick Egbert, Executive Pastor of the Chapel, whether there was any objection regarding revising the wording concerning the contribution of the $10,000. Mr. Egbert stated The Chapel had no issues with the revision. Motion by Condon, seconded by Santi approving the Ordinance authorizing an Annexation Agreement with The Chapel. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Aye: Mayor Low Voting Nay: None. Absent: None. Motion carried. Motion by Santi, seconded by Schaefer approving an Ordinance annexing the property located at 414 South Crystal Lake Road. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Aye: Mayor Low Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Blake approving the Ordinance for a Conditional Use Permit to allow an assembly use at 414 South Crystal Lake Road. Regular Meeting Page 4 August 19 2013 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low wished Pastor Egbert and the members of his congregation good fortune with their endeavor. PRESENTATION: MCHENRY AREA CHAMBER OF COMMERCE — ACTIVITIES UPDATE Kathy Sierminski, Treasurer of the McHenry Area Chamber of Commerce, informed Council that Fiesta Days 2013 was a success, contributing approximately 20% to 30% of the Chamber's budget. Anticipated programs for the summer include the Country Meadows Craft Fair and Wine Fest. Jeff Kleinschmidt reiterated the success of Fiesta Days. Tickets were sold as far away as Canada for the concerts and hotels reported a rise in occupancy during the festivities. The McHenry Area Chamber of Commerce thanked the City of McHenry, the Council and City Staff for their continued support. Lisa Calver announced the upcoming Country Meadows Craft Fair and Wine Fest, scheduled on September 15, together with a Chapters luncheon on October 18 honoring seniors. She also informed Council about a new community guide, which would premiere shortly, entitled "McHenry Now." Denny Norton of Performance Unlimited, addressed Council announcing The Men of Monday Night raffle. He stated that last year there were 200 participants, this year 500 are participating. On November 1, 2013 a networking scramble will take place. On November 14, 2013 the Red Carpet Awards will be presented honoring local businesses. Kay Bates, Executive Director of the McHenry Area Chamber of Commerce, announced with pleasure the appointment of Joyce Constantinow as the new President of the Downtown Association. PUBLIC INPUT SESSION Pat Dykoff, representing McHenry County College, invited Council and the public to register for the free Power Pack MCC Program on Thursday, September 19, 2013 at 6:00 pm at the MCC Shah Center at 4100 West Shamrock Lane, McHenry, Illinois. The Midwest Renewable Energy Association (MREA) in conjunction with the Illinois Green Economy Network (IGEN) has launched a solar purchase program, called Power Pack. The program recently expanded to four community colleges throughout Illinois in May 2013. MCC is one of the four locations. Regular Meeting Page S August 19 2013 Power Pack MCC is modeled on a very successful pilot program run in Milwaukee, Wisconsin during 2012. The program is designed to educate consumers on the benefits of solar energy and demonstrate that solar power has never been less expensive and easier to install. The program will offer quality solar products from regional companies. Ms. Dykoff suggested interested parties should log on at www.illinoispowerpack.org to find out more about the program. CONSENT AGENDA A. Approval of fiscal year 2012/2013 Supplement Appropriation Ordinance; B. Request to advertise for bids for the purchase of an asphalt paver; C. Ordinance authorizing the sale by public auction of property owned by the City of McHenry and the execution of Local Government Vehicle & Equipment Auction Agreement with McHenry County Council of Governments; D. Request to advertise for bids for holiday lighting in Veterans Memorial Park; E. Request to intermittently close portions of Center Street and Kane Avenue for McHenry High School Marching Band Festival on September 7, 2013 from 1:00 pm to 6:00 pm; F. Request from High School to stage the September 26, 2013 Homecoming Parade in Knox Park parking lot and temporary closure of certain sections of Green Street and Waukegan Road to accommodate the parade; G. Waiver of Municipal Code Section 16-25 to allow an overnight stay in a City park for McHenry Parks & Recreation Department Family Camp Out on September 14, 2013; H. Request for Block Party; 1. Special Use/Picnic Permits; J. July 15, 2013 City Council meeting minutes; and K. List of Bills: -_ A -ABLE ALARM SERVICE INC 113.23 A -YARD CORP 111.00 AALTO, SARAH M 300.00 ACE HARDWARE, BJORKMAN'S 2,575.49 ACE TOWING & RECOVERY 64.00 ADAMS ENTERPRISES INC, R 15.00 ADVANTAGE MECHANICAL INC 338.00 AIRGAS SAFETY INC 425.25 ALEXANDER EQUIPMENT COMP 271.80 AMELIO, ROBERT 47.00 AMERICAN HEATING & COOLI 333.00 APA 553.00 ARAMARK 398.85 AT&T 1,221.57 BAKER & SON CO, PETER 2,441.46 BANKCARD PROCESSING CENT 2,339.79 BARTOS, DONNA 284.38 BEAUDRY, LYNNE 34.00 BLACKSTONE LANDSCAPE INC 10,836.25 BREMER, CURTIS H 78.00 BROWNELLS INC 347.71 BSN SPORTS INC 119.09 BURRIS EQUIPMENT COMPANY 179.23 BUSS FORD SALES 629.00 CARQUEST AUTO PARTS STOR 348.85 CENTEGRA OCCUPATIONAL HE 63.70 CERTIFIED SERVICES INC 115.97 CINTAS CORPORATION LOC 3 562.84 COMCAST CABLE 395.01 COMED 41,792.31 COMMUNICATIONS REVOLVING 10.00 CONCRETE SOLUTIONS CORP 128.90 CONSERV FS 237.90 CONSTELLATION NEWENERGY 37,724.47 COX, KEVIN 78.00 CUMMINS NPOWER LLC 850.00 Regular Meeting Page 6 August 19 2013 CURRAN MATERIALS COMPANY 2,345.28 CURTIS, TINA 80.00 D'ANGELO NATURAL SPRING 33.00 DOCUMENT IMAGING DIMENSI 756.73 DREISILKER ELECTRIC MOTO 4,304.00 DUKE'S ROOT CONTROL INC 3,540.93 ECKEL'S MCHENRY FLEA MAR 30.00 ED'S AUTOMOTIVE/JIM'S MU 141.50 ED'S RENTAL & SALES INC 393.45 EJ USA INC 7,357.54 FAST EDDIES CAR WASH 388.70 FISCHER BROS FRESH 1,260.63 FOX VALLEY FIRE & SAFETY 962.00 FOXCROFT MEADOWS INC 396.60 FRY, ROBERT J 532.00 FUTURE LINK OF ILLINOIS 1,930.96 GALLS LLC 139.47 GOLD MEDAL PRODUCTS 1,066.90 HACH COMPANY 788.38 HALOGEN SUPPLY COMPANY 4,009.60 HANSEN'S ALIGNMENT, DON 150.00 HAWKINS INC 2,587.09 HBK WATER METER SERVICE 2,732.50 HERITAGE -CRYSTAL CLEAN L 150.32 HES REPAIR 341.23 HRGREEN 19,442.67 ILEAS 240.00 ILLINOIS DIRECTOR OF 826.00 ILLINOIS FBI NA 75.00 INDUSTRIAL/ORGANIZATIONA 2,056.50 INFANTE, ALFONSO 3,100.00 INNOVATIVE PACKAGING INC 171.93 INTOXIMETERS 56.95 J G UNIFORMS INC 104.85 JC LICHT/EPCO 423.67 JENSEN'S PLUMBING & HEAT 1,672.72 JETTS HEATING & AIR INC 277.50 JIMS MCHENRY AUTO BODY 298.19 KIEFER & ASSOC, ADOLPH 18.04 KIMBALL MIDWEST 532.19 L&S ELECTRIC INC 5,682.25 LAKESIDE PEST CONTROL SE 110.00 LANG -CADILLAC-BUICK-GMC 20.82 LEISTEN, RICK 76.80 LEXISNEXIS 117.50 LISS, NEVA 288.44 ITS TRUCK & CRANE REPAIR 2,060.50 MAXIM CONSTRUCTION CORP 82,656.65 MAZZUCA, JOE 46.00 MCANDREWS PC, THE LAW OF 5,175.00 MCAULIFF & SEMROW PC 787.50 MCCAFFERTY, BRITTANY 2,289.00 MCHENRY ANALYTICAL WATER 60.00 MCHENRY AREA TENNIS ASSO 600.00 MCHENRY COMMUNITY HIGH S 3,819.90 MCHENRY COMMUNITY SCHOOL 5,151.90 MCHENRY COUNTY COLLECTOR 17,105.39 MCHENRY COUNTY DIV OF TR 3,137.78 MCHENRY COUNTY GLASS & M 345.50 MCHENRY COUNTY RECORDER 631.00 MCHENRY FIRESTONE 233.00 MCHENRY PUBLIC LIBRARY 1,001.00 MCHENRY SCHOOLS TRANSPOR 289.63 MCHENRY SPECIALTIES 477.50 MCHENRY TOWNSHIP FIRE PR 1,001.00 MESIROW INSURANCE SERVIC 3,825.00 METROPOLITAN INDUSTRIES 1,399.22 MIDCO 7,094.49 MIDWEST HOSE AND FITTING 574.65 MINUTEMAN PRESS OF MCH 36.50 Regular Meeting Page 7 August 19 2013 MOREY, MARK A 12,200.00 MROZ, GREGORY 230.00 MUNICIPAL COLLECTION SER 10.50 NAPA AUTO PARTS MPEC 1,974.21 NEUMANN JR, EDWARD J 500.00 NEW ALBERTSONS INC 115.98 NICOR GAS 115.62 NORTH SUBURBAN WATER 45.00 NORTHERN KEY & LOCK INC 110.00 OTTOSEN BRITZ KELLY COOP 200.50 PATTEN INDUSTRIES INC 1,469.31 PEPSI BEVERAGE COMPANY 569.29 PETERSON, DWAYNE 230.00 PETROLIANCE LLC 13,048.49 PETROW, STEPHANIE S 755.00 PETTIBONE & CO, P F 1,595.38 PILLOW, TED 175.00 POLERECKY, ROSS 180.00 PROSHRED SECURITY 53.00 PSP-BROOKFIELD 247.64 RADAR MAN INC 178.78 REINDERS INC 371.17 RELIABLE SAND & GRAVEL 646.83 REX 24/7 TOWING 92.00 RIVERSIDE BAKE SHOP 14.16 RNOW INC 833.17 ROC CONSTRUCTION SUPPLY 187.01 ROCKALL, KRISTIAN 1,550.00 ROGERS, MATT 104.97 SAFE KIDS WORLDWIDE 50.00 SAM'S CLUB 879.78 SECRETARY OF STATE 10.00 SECRETARY OF STATE / POL 221.00 SHANNON, LISA 170.00 SHAW MEDIA 75.00 SHERMAN MECHANICAL INC 369.75 SHERWIN INDUSTRIES INC 121.12 SIRCHIE FINGER PRINT LAB 18.50 SMITH CONSTRUCTION INC, 500.00 ST PAULS EPISCOPAL CHURC 95.40 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 693.03 STATE TREASURER IDOT 8,030.31 TEAMUNIFY LLC 1,099.00 TEXAS REFINERY CORP 383.00 THREE D DESIGN STUDIO LL 516.65 TRAFFIC CONTROL & PROTEC 2,155.00 ULTRA STROBE COMMUNICATI 9,903.64 UNITED LABORATORIES 209.03 US BANK EQUIPMENT FINANC 135.00 USA BLUEBOOK 79.72 VACULA, JOHN T 1,300.00 VALLEY VIEW ACRES 655.00 VERIZON WIRELESS 1,670.37 VICK, JACK 123.42 VIKING CHEMICAL COMPANY 8,727.00 WASTE MANAGEMENT 6,425.00 WASTE MANAGEMENT OF WI P 12,547.01 WEINBERG, EDWARD 77.30 ZUKOWSKI ROGERS FLOOD & 84.17 GRAND TOTALS 413,479.20 FUND TOTALS GENERAL FUND 138,272.44 PAGEANT FUND 312.50 BAND FUND 327.00 ALARM BOARD FUND 962.00 MOTOR FUEL TAX FUND 2,065.18 DEVELOPER DONATION FUND 16,457.81 Regular Meeting Page 8 August 19 2013 CAPITAL IMPROVEMENTS FUND 13,500.00 CAPITAL EQUIPMENT FUND 9,650.14 WATER/SEWER FUND 203,857.02 MARINA OPERATIONS FUND 12,138.03 RISK MANAGEMENT FUND 63.70 INFORMATION TECHNOLOGY FUND 10,980.38 RETAINED PERSONNEL ESCROW 1,068.00 POLICE PENSION FUND 3,825.00 TOTAL 413,479.20 Motion by Wimmer, seconded by Blake, to approve the Consent Agenda, as presented: Alderman Peterson requested that Item D, Request to advertise for bids for holiday lighting in Veterans Memorial Park, be pulled from the Consent Agenda and voted on as a separate item. Mayor Low inquired whether Alderman Wimmer and Alderman Blake had any objection to amending their motion. Alderman Wimmer stated he had no objection, nor did Alderman Blake. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda, as amended: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Peterson inquired if the Miller property, the former location of Dobyn's House, would be included in the holiday decorations this year. Deputy City Administrator Hobson informed Council that City Staff would be decorating the property for the holiday season. Alderman Peterson reiterated that he is not a proponent of the expenditure of funds solely for the purpose of holiday decorations in Veterans Memorial Park, citing it is not a part of the business district. Alderman Santi inquired regarding how much had been budgeted last year for the holiday decorations in Veterans Memorial Park. Deputy City Administrator Hobson informed Council that $17,500 was budgeted and the bid came in at $15,000. Of the thirty-two trees in the park, twenty seven trees were actually decorated with lights. Alderman Schaefer stated he supports the holiday lights in Veterans Memorial Park. He noted the City receives accolades yearly. Alderman Blake opined that the combination of lighting in Veterans Memorial Park and the fine job performed decorating by City Staff is a good way to tie the holiday decorations in the City together. Regular Meeting Page 9 August 19 2013 Motion by Wimmer, seconded by Peterson, to approve the Item D of the Consent Agenda, as presented: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. REQUEST FOR A TEMPORARY USE PERMIT FOR OUTSIDE ENTERTAINMENT ON AUGUST 23, 2013 AT RED MANGO, 1114 NORTH GREEN STREET Deputy City Administrator Martin informed Council that Red Mango Yogurt and Smoothies has been operating at its current location at River Place Luxury Residences since July 2012. They have a small seating area outside their front door with two tables and six chairs. The maximum occupant load of their interior building space is 21 persons. Red Mango is requesting a temporary use permit to allow an outdoor band performance on the evening of Friday, August 23, 2013 from 7:00 pm to 9:00 pm. The band would consist of four performers including a drummer, a guitarist, a bassist and a keyboard. Red Mango anticipates a crowd of approximately 50 people. The owner has assured Staff that the sidewalk would remain passable and the crowd would not interfere with on -street parking or traffic. Deputy City Administrator Martin stated the Red Mango held a similar event as the one being proposed on Friday, May 31, 2013; however, a temporary use permit was not obtained. A police report taken that evening states the sidewalk was impassable and traffic had to be slow and maneuvered around crowds that had gathered in the northbound lanes of Green Street. Red Mango was asked to stop the performance or move it inside. They complied with the request and cleared the scene. Due to space constraints, occupancy limitation of the building and problems associated with the previous event (on May 31st), Staff has significant reservations and is concerned the performance could adversely impact area pedestrian movement, parking and vehicular traffic. Staff recommends Applicant's request be denied. Alderman Santi opined that he likes the idea. He recognizes they are a relatively new business. Alderman Santi stated however, that due to space constraints he agrees with Staffs determination that it is difficult to have outdoor activities at the location. Alderman Glab concurred with Alderman Santi. Alderman Schaefer opined that from a pedestrian and traffic standpoint the venue is not appropriate for this type of event. Alderman Blake concurred with Alderman Schaefer, stating it is likely there would be a similar incident to that which occurred in May. Alderman Wimmer and Alderman Condon concurred. Regular Meeting Page 10 August 19 2013 Motion by Santi, seconded by Wimmer, to deny the request of Red Mango Yogurt and Smoothies for a temporary use permit to allow outdoor entertainment at 1114 North Green Street. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. VARIANCE TO ALLOW CONSTRUCTION OF THREE, EIGHT -UNIT APARTMENT BUILDINGS, VARIANCE TO ALLOW MULTIPLE PRINCIPAL BUILDINGS ON ONE ZONING LOT• AND ANY OTHER VARIANCE REQUIRED TO CONSTRUCT PROJECT IN SUBSTANTIAL CONFORMANCE TO CITY CODES FOR TRANSITIONAL LIVING SERVICES PERMANENT AFFORDABLE HOUSING FOR VETERANS AT THE SOUTHEAST CORNER OF RIDGE ROAD AND ILLINOIS ROUTE 120 Assistant City Administrator Martin informed Council that Transitional Living Services (TLS) is seeking to develop the property at the southeast corner of Ridge Road and Illinois Route 120 with permanent affordable housing for veterans. Assistant City Administrator Martin reiterated to Council that the property was annexed to the City of McHenry on July 1, 2013. The property is currently zoned E-Estate District. TLS is proposing to raze the two existing homes, garage and shed on the site and proposed site improvements to include 24 efficiency dwelling units in 3 (eight -unit, two story apartment - style) buildings. There would be surface parking and storage for maintenance equipment. No garages are proposed. Two of the buildings would have first floor additions, one of which would be used as an office by TLS and the other for lawn and snow removal equipment. City water and sewer are not available, or in close proximity to the site. Well and septic are required. The only access to the site is from Ridge Road; on -site detention would be provided. A use variance is required to allow the multi -family housing use on the property. Staff has determined the proposed development clearly supports affordable housing policy goals and the major need for the community to provide affordable housing for veterans. Staff believes a condition should be included in the proposed ordinance stating the project would remain affordable housing for veterans in perpetuity or the property owner would be required to return to the City and have the ordinance amended. Deputy City Administrator Martin stated the Planning and Zoning Commission unanimously recommended approval, by a vote of (6-0) for a use variance to allow the development of three eight -unit apartment buildings and a variance to allow multiple principal buildings on one zoning lot on the property located at 2004 and 2008 Ridge Road, the southeast corner of Ridge Road and Illinois Route 120, as presented by applicant, Transitional Living Services, Inc., with the condition that the property is developed in substantial conformance with the site plan prepared by Eriksson Engineering Associates, LTD, dated June 26, 2013, as well as the building elevations and floor prepared by DDCA Architects dated June 20, 2013. Regular Meeting Page 11 August 19 2013 Alderman Condon opined that while the location presents some challenges, she believes they can be worked out with the proper expertise. She stated there is a need for this type of facility in the community. The strong support indicated by the veterans' organizations is apparent. Alderman Condon stated she is comfortable with the project. Responding to an inquiry from Alderman Santi regarding handicap accessibility, Mark Saladin, attorney for TLS and Board Member, and Allen Belcher, TLS Executive Director, indicated that half of the units would be handicap accessible. Alderman Glab opined he does not feel the site can be developed properly considering the obstacles faced. He noted that he supports the theory and the idea, but not this particular proposal. Alderman Schaefer stated he concurs that the property presents a problem but wants to see if the project can succeed. Alderman Blake concurred with Alderman Schaefer. He opined that affordable housing for veterans is worth the risk. Alderman Wimmer stated this type of housing is needed in the community. Alderman Peterson stated that as long as all necessary standards are complied with and met, with oversight from the proper authorities, he sees no problem with the project. Mayor Low opined that everything said is valid and cautioned TLS to analyze the issues carefully. She stated she believes this to be a good venue for the project. Lori Lowe, Reverend of St. Paul's Episcopal Church, addressed Council. Reverend Lowe informed Council that former parishioner, Ms. Betty Jane Alderson had established the Ostand Acres Trust, originally indicating the property would be used for the benefit of St. Paul's Episcopal Parish. Reverend Lowe stated that St. Paul's teamed with TLS eighteen months ago on this project. In response to Alderman Glab voicing continued concerns regarding the difficulties of developing the site, Alderman Condon stated that while she is cognizant of the obstacles facing the development she suggests leaving the engineering issues to the engineers. To Alderman Santi's inquiry regarding the next steps for the project, Mr. Saladin responded as follows: • Producing additional funding for the project; o He noted that a financial institution is already on board for the project; and, • Finalizing plans for permits with the County of McHenry. Regular Meeting Page 12 August 19 2013 Alderman Glab outlined some projects that he felt would be more appropriate for the site, currently zoned E-1, Estate. He stated he could not let the fact that this particular development is for veterans cloud his judgment. He reiterated that he feels the project belongs closer to the downtown area to facilitate convenient access. Alderman Schaefer inquired about whether the development would accommodate families. Mr. Saladin stated the structure of the development would limit the number of persons that could reside at the facility. Responding to an inquiry from Council, Director of Public Works Schmitt informed Council the closest hook-up for municipal water and sewer would be at Ringwood Road and Illinois Route 120. Motion by Condon, seconded by Wimmer, approving the use variance to allow construction of three eight -unit apartment buildings and a variance to allow multiple principal buildings on one zoning lot on the property located at the southeast corner of Ridge Road and Illinois Route 120, with the condition that the property is developed in substantial conformance with the site plan prepared by Eriksson Engineering Associates, LTD, dated June 26, 2013, as well as the building elevations and floor prepared by DDCA Architects dated June 20, 2013. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. APPROVAL OF (1) SELECTION OF DEWBERRY ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE PROPOSED AQUATIC/RECREATION FACILITY AND AUTHORIZE EXECUTION OF THE ATTACHED CONTRACT, AND (2) APPROVE AN AMENDMENT TO FISCAL YEAR 2013/2014 RECREATION CENTER FUND BUDGET IN THE AMOUNT OF $70,500 Deputy City Administrator Hobson introduced Mr. Daniel Alilano, Principal of Dewberry Architects, Inc. He reiterated to Council that at the June 3, 2013 Council meeting, Council approved a partnership with HR Green for development and assistance with the Request for Qualifications ("RFQ") process for the proposed Aquatic/Recreation Facility. The RFQ was presented and approved by City Council on June 17, 2013. A team consisting of Mayor Low, Alderman Peterson, City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, City Engineer Chad Pieper and HR Green Project Manager Chris Castillo, reviewed potential submittals. At the July 9, 2013 deadline, nine RFQ's from qualified firms had been received. All submittals were initially reviewed by HR Green to ensure the technical components of the RFQ were met. Complete packets were then distributed to the team for review. The team was asked to select three or Regular Meeting Page 13 August 19 2013 four firms for interview. Deputy City Administrator Hobson noted that despite a varying order, the same four firms were selected by each member of the team. The firms selected were: • BLDD Architects; • Dewberry Architects; • FGM Architects; and • Williams Architects. Each firm was provided 30 minutes to make a presentation and an additional 30 minutes for questions and answers. One firm was found to bring a distinct energy and thoroughness to their presentation. That firm had obviously researched the City of McHenry's specific project and tailored their proposal to the City's needs today, as well as future possibilities with a presentation that included a multi -seasonal approach to take full advantage of the site. The firm chosen by the team is Dewberry Architects based out of Elgin, Illinois. Dewberry Architects is a local firm with a clear understanding and experience in the area. The Dewberry team presented a clear balance between aquatic and recreational needs. Dewberry would partner with Water Technology, Inc. ("WTI"), an industry leader in the aquatics field to ensure a cutting edge facility. Dewberry would also utilize an additional consultant, Heller and Heller Consulting, to complete a thorough pro forma to forecast revenues and expenditures of the proposed facility. Staff has checked the references for Dewberry, WTI and Heller and Heller. Each provided more than satisfactory recommendation. Deputy City Administrator Hobson informed Council that the contract consists of four phases: 1. Site and Facility Audit; 2. Needs Analysis; 3. Concept Plan Development and Cost Analysis; and 4. Pro forma and Final Documentation. The total cost of the first phase of the architectural contract will be $70,500, and will require a budget amendment from the Recreation Center Fund. The deliverables that will be provided in the scope of the contract include all aspects of design development for an aquatic/recreation facility and will provide a clear snapshot of the facility, all that the City wishes to include in the center on both the aquatic and recreation side, and estimated operational costs and potential revenues. The work should be completed by early December. Based on the results of this phase, Dewberry would then be asked to submit a second proposal and contract to the City that would encompass the actual construction documents, bidding and construction of the facility. Regular Meeting Page 14 August 19 2013 If Council concurs with the recommendation from the Aquatic/Recreation Facility review team, Staff seeks a motion be made to: 1. Approve the selection of Dewberry Architects, Inc. for architectural services related to the design and construction of the proposed aquatic/recreation facility and authorize execution of the contract; and 2. Amend the Fiscal Year 2013/2014 Recreation Center Fund Budget in the amount of $70,500. Alderman Schaefer opined he is pleased to see the project begin. Alderman Blake, Alderman Peterson and Alderman Condon concurred. Motion by Schaefer, seconded by Peterson, approving the following, as presented: 1. Approve the selection of Dewberry Architects, Inc. for architectural services related to the design and construction of the proposed aquatic/recreation facility and authorize execution of the contract; and 2. Amend the Fiscal Year 2013/2014 Recreation Center Fund Budget, in the amount of $70,500. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZE (A) THE EXECUTION OF THE SIMPLE SHORT FORM AGREEMENT WITH HR GREEN TO COMPLETE TASK NO. 3, SITE INVESTIGATION SURVEY FOR AN AMOUNT NOT TO EXCEED $8,500 FOR SERVICES RELATED TO THE AQUATIC/RECREATION FACILITY; AND (B) AMENDMENT TO FISCAL YEAR 2013/2014 BUDGET AUTHORIZING EXPENDITURE OF $8,500 FROM RECREATION CENTER FUND Deputy City Administrator Hobson introduced Mr. Daniel Alilano, a Principal of Dewberry. He reiterated to Council that at the June 3, 2013 Council meeting the City Council was presented with Task No. 2, Selection of an Architectural Design Firm in the Simple Scope Short Form Agreement. Task No. 2 has taken the project from the development of the RFQ document through the Selection, Definition of Architectural Scope and Fee Negotiations. Deputy City Administrator Hobson stated that at this point with the project, it is necessary to have a thorough and complete investigation and survey of the site. This component is essential as it provides all the base data for items beyond just the location and layout of the facility itself, such as the parking lot orientation and potential detention areas. Deputy City Administrator Hobson informed Council that this is a time and material contract and would not exceed $8,500. Regular Meeting Page 15 August 19 2013 Alderman Glab expressed concern with issues not going out for bid regarding engineering matters. Motion by Schaefer, seconded by Blake, (1) approving and authorizing the execution of the Simple Short Form Agreement to complete Task No. 3, Site Investigation — Survey, for an amount not to exceed $8,500; and (2) amending the Fiscal Year 2013/2014 Budget authorizing the expenditure of $8,500 from the Recreation Center Fund. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING, BUFFALO WILD WINGS, 3343 SHOPPERS DRIVE Deputy City Administrator Martin informed Council that Mr. Vincent Aumann, General Manager of Buffalo Wild Wings restaurant is in attendance to answer any questions. He stated the applicant is requesting a conditional use permit to allow outdoor seating on the south side of Buffalo Wild Wings restaurant, to be located at the Shops at Fox River Shopping Center. The restaurant is approximately 4,838 net square feet and is part of a larger multi -tenant outlot building consisting of 8,960 square feet. Deputy City Administrator Martin provided Council with a site plan depicting the outdoor seating area, which would be enclosed by a low wall with two metal emergency gates and covered by a flat roof. The patio would be able to accommodate 68 customers. There would be TV panels and speakers for music outside; however, there would not be any other form of live entertainment outside. Staff does not have concerns with the request. Staff believes the proposed outdoor dining area will be an enhancement to the restaurant, as well as to the larger shopping center. Staff's only recommendation concerning the outdoor patio is that the area always remain accessible through the restaurant and not directly to and from the parking area. The Planning and Zoning Commission unanimously recommended approval, by a vote of 6-0, to allow outdoor seating at 3343 Shoppers Drive with the conditions the site shall be developed in substantial accordance with the site and landscape improvement plans prepared by Woolpert dated December 2012 and the building elevations prepared by Buffalo Wild Wings dated January 17, 2013 (west elevation) and June 7, 2013 (south and east elevations) and the outdoor patio area always remain accessible, with the exception of an emergency situation, through the restaurant only and not directly to and from the parking area. Alderman Wimmer opined he is pleased the project is moving forward. Alderman Condon stated she liked the outdoor seating. Regular Meeting Page 16 August 19 2013 Responding to an inquiry from Alderman Santi regarding live entertainment, Mr. Aumann stated that he has been with the company for six years and live entertainment is not part of the company's concept. Responding to an inquiry from Alderman Blake regarding the opening date, Mr. Aumann stated the opening date is projected for the first or second week in January 2014. Motion by Wimmer, seconded by Condon, approving the ordinance authorizing a conditional use permit to allow outdoor seating at at 3343 Shoppers Drive, McHenry, Illinois. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY COUNTY FOR CONSTRUCTION OF THE KNOX DRIVE EXTENSION FROM MUNICIPAL DRIVE TO CHARLES J. MILLER ROAD Director of Public Works Schmitt reiterated to Council that at the July 2, 2013 City Council meeting, Council approved a Miller Road Intergovernmental Agreement ("IGA") with the McHenry County Department of Transportation ("MCDOT"). Contained within the IGA the City and County made mutual commitments for the extension of Knox Drive between Municipal Drive and Miller Road. The mutual commitments included that Knox Drive will be a municipal street constructed and maintained by the City. Knox Drive will be a right-in/right-out at Miller Road with a westbound right turn lane constructed by the County as part of the Miller Road Improvements and the County will obtain the required right of way and transfer title to the City for the construction of Knox Drive. The Agreement outlines the timetable for design and construction of Knox Drive to coincide with the Miller Road Improvements. The County will open and maintain an escrow account for funds received from the adjacent property owners and the County. The City will invoice the County for the use of escrow funds to finance the design engineering, construction engineering and construction for the portion of Knox Drive Extension the City is responsible for. Beginning May 1, 2015, the City will reimburse the County in equal annual payments over a three year period for the cost of the project over the amount of the funds received from the adjacent property owners. Staff is proposing to utilize developer contributions for future road improvements received through the Oaks at Irish Prairie Annexation Agreement and General Fund revenue for reimbursement to the County. Alderman Wimmer opined he is pleased to see the City working in conjunction with other entities. Alderman Condon concurred with Alderman Wimmer. Regular Meeting Page 17 August 19 2013 Responding to an inquiry from Alderman Santi regarding the length of the road in the City of McHenry, Chad Pieper of HR Green, stated that the road is approximately 1,600 feet. Alderman Glab stated the project is good for businesses and properties. Motion by Wimmer, seconded by Santi, approving the Intergovernmental Agreement between the City of McHenry and McHenry County for the construction of Knox Drive from Municipal Drive to Charles J. Miller Road. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. TWO YEAR CONTRACT WITH IN -PIPE TECHNOLOGY TO INSTALL A PRE-TREATMENT SYSTEM IN THE MUNICIPAL SANITARY SEWER COLLECTION SYSTEM Director of Public Works Schmitt reiterated to Council that in March 2009, Council directed Staff and the City Engineer to conduct an evaluation of operations at Central Wastewater Treatment Plant ("CWWTP") and South Wastewater Treatment Plant ("SWWTP") to keep the facilities operating efficiently with the goal of decommissioning the CWWTP within ten years. Since the directive, many improvements have been made to both the CWWTP and the SWWTP. Director Schmitt explained that several repairs have been made to the sanitary sewer collection system using City Staff and contractors to address rainwater inflow and groundwater infiltration ("I&I"). I&I results in excess water entering the sanitary sewer system causing an increase in. the amount of wastewater that must be treated thereby increasing operational costs at the wastewater treatment plants. Staff has been evaluating the possibility of installing a pre-treatment system in the sanitary sewer collection system. The pre-treatment would result in reducing the waste loadings on the treatment plants thereby reducing the operational costs at the plants. In -Pipe Technologies recommends installation of pre-treatment through the use of approximately forty dosing panels placed in manholes and lift stations in the wastewater collection system. The dosing panels add bacteria directly into the flow of the wastewater in the collection system and are inspected/reloaded monthly by an In -Pipe Technology service team. The microbes begin the treatment process of wastewater in the sanitary collection system while eliminating odor, corrosion and FOG (fats, oils and grease), allowing for less treatment at the wastewater treatment plants. The City Engineers have ascertained that the cost savings per month could range from $7,594 to $11,366. The cost savings is accomplished by: Regular Meeting Page 18 August 19 2013 • reducing electricity and chemical use at the wastewater treatment plants; • a reduction in the amount of sludge disposed at the landfill; • lower maintenance of the sludge handling equipment; • less sludge hauling; and • less wear and tear on blowers and chemical pumps. The costs for the proposed two year contract with In -Pipe Technology are: • First six months — no cost unless City cancels contract then a de -mobilization fee of $7,500; • Months 7 thru 18: $10,500 per month; • Months 19 thru 24: $8,000 per month. Director Schmitt informed Council that City Attorney McArdle reviewed the contract and In -Pipe Technologies accepted the recommended changes. Russell Ruzicka, Superintendent Wastewater Division, indicated the technology is very promising. Motion by Wimmer, seconded by Blake, approving the two year contract with In -Pipe Technologies, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low announced sadly that long time City employee Jerry Johnson died unexpectedly last Friday. The wake is at Colonial Funeral Home. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Schaefer requested an update regarding the audio/visual equipment for meetings and the possibility of online streaming. Deputy City Administrator Hobson stated someone is coming in to check the cameras and update the equipment. He will provide the Council with information as soon as possible. City Administrator Morefield informed Council that Staff is looking into live streaming.