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HomeMy WebLinkAboutMinutes - 03/16/2009 - City Council REGULAR MEETING MARCH 16, 2009 A regular meeting of the McHenry City Council was called to order by Mayor Low at 7:30 p.m. on Monday, March 16, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Public Works Director Schmitt. PROCLAMATION: SUPPORT 2010 U.S. CENSUS Mayor Low read into the record of the meeting a proclamation stating the City's support of the upcoming 2010 United States Census. PUBLIC INPUT SESSION Mr. T. P. Matthews, owner of the McHenry Shores Water Company, addressed Council regarding the proposed appraisal of the water company. He stated he is concerned with the instructions that would be provided to the appraiser. He made the following points with regard to this issue: 1. The physical assets of the company; 2. The $1 million plus value to the City; 3. The $3.5 million that would be added to the City assets as part of its utilities. Mr. Matthews stated a lot of incentives would be realized for the McHenry Shores residents if the residents partner with the City to purchase the water company. In conclusion, Mr. Matthews stated it would appear the proposed utility appraiser has adequate credentials. CONSENT AGENDA Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as presented: A. Resolution authorizing the update and publication of City Zoning Map and directing City Clerk to publish notice of same; B. Ordinance providing for the First Amendment to the Option and Structure Lease Agreement with A T & T; C. Final pay requests .regarding renovation of the Public Works facility located at 1415 North Industrial Drive: a. Fireguard of Illinois, $11588.30; b. Tri-State Carpet & Decorating, $2,320.00; c. NCI Construction Inc, $7,226.00; d. Phoenix Woodworking Corp., $1,439.16; e. Hartwig Plumbing & Heating, $13,427.57; f. Bulldog Excavating Inc., $3,986.80 D. Picnic/Special Use Permits; March 16,2009 Page 2 E. City Council Minutes: .� a. March 2, 2009 regularly scheduled meeting; F. As-Needed Checks: 3622 W ELM STREET LLC 5,000.00 BANKCARD SERVICES 3,586.48 BENEFIT SYSTEMS & SERVIC 19,676.42 BLUE CROSS BLUE SHIELD 0 128,000.00 BONESTROO 5,855.65 CORNERSTONE MATERIAL REC 946.50 ERC COMMERCIAL ROOFING & 2,850.00 FLEXIBLE BENEFIT SERVICE 330.00 FOP UNITS I/II 959.50 HOME DEPOT/GECF 1,227.95 HOPP, SHELLY 59.98 ILLINOIS DEPARTMENT OF P 686.00 ILLINOIS GFOA 75.00 IUOE, LOCAL 150 1,976.14 JACK FROST IRON WORKS IN 4,330.50 MCHENRY COUNTY GLASS & M 517.00 MCHENRY COUNTY SWCD 100.00 NATIONAL GUARDIAN LIFE I 70.54 NCPERS GROUP LIFE INS 320.00 NET SPECIALISTS INC 548.49 POSTMASTER MCHENRY IL 3,487.00 PRE-PAID LEGAL SERVICES 181.30 RESERVE ACCOUNT 989.70 SAM'S CLUB 836.65 SWEDERSKI CONCRETE CONST 7,149.50 TONYAN & SONS INC, WILLI 1,300.00 UNITED PARCEL SERVICE 94.10 UNUM 1,685.77 WALMART COMMUNITY 629.65 WALTER ALARM SERVICES IN 600.00 GRAND TOTALS 194,069.82 FUND TOTALS GENERAL FUND 16,099.08 CAPITAL IMPROVEMENTS FUND 22r949.15 WATER/SEWER FUND 1,196.68 UTILITY IMPROVEMENTS FUND 5,000.00 EMPLOYEE INSURANCE FUND 147,676.42 RISK MANAGEMENT FUND 600.00 INFORMATION TECHNOLOGY FUND 548.49 TOTALS 194,069.82 G. List of Bills: ACE HARDWARE, BJORKMAN'S 3,081.96 ADAMS ENTERPRISES INC, R 1,426.91 AFTERMATH INC 245.00 AGS REBUILDERS 159.00 ALEXANDER LUMBER CO 414.47 AMERICAN RED CROSS OF GR 857.17 ARAMARK 910.90 AT&T 73.64 AT&T LONG DISTANCE 8.80 ATS SPORTS 306.32 B&W CONTROL SYSTEMS INTE 5,224.69 BADGER METER INC 3,825.00 BAXTER & WOODMAN 283.00 BERGER EXCAVATING CONTRA 448.00 BOTTS WELDING & TRUCK SE 23.00 BRIGHT INSIGHT COMPUTER 790.00 BROGAN, WILLIAM J 40.88 BUNTING, CRISTINE 133.00 BUSS FORD SALES 445.60 C&H DISTRIBUTORS INC 2,276.44 CARQUEST AUTO PARTS STOR 915.33 March 16,2009 Page 3 CDW GOVERNMENT INC 610.80 CENTURY SPRINGS 44.80 CERTIFIED SERVICES INC 24.34 CHICAGO COMMUNICATIONS L 216.82 CHICAGO INTERNATIONAL TR 119.30 CHRISTIE, BRITTANY 792.00 CHRISTOPHER, DAVID 256.74 CICHOCKI, KIM 27.75 CINTAS CORPORATION #355 1,024.71 COMCAST CABLE 74.90 COMED 34,408.91 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 53.65 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 160.68 CURRAN CONTRACTING COMPA 2,715.45 CUTTING EDGE COMMUNICATI 1,279.00 D'ANGELO NATURAL SPRING 46.50 DELL MARKETING LP 357.07 DIXON CONSTRUCTION GROUP 1,806.01 DOCUMENT IMAGING DIMENSI 772.00 ED'S AUTOMOTIVE/JIM'S MU 115.00 ED'S RENTAL & SALES INC 110.20 EPCO PAINT 19.67 FLESCH COMPANY INC, GORD 819.00 FONE ZONE-MCHENRY, THE 49.99 G IMPRESSIONS INC 30.00 GEMPLER'S INC 107.80 GILLESPIE DESIGN GROUP I 5,969.00 GREVE, CLINT 114.60 GROVE, KELLY 390.00 GURRIE, LETITIA 132.68 HAWKINS INC 1,085.91 HEADLEY, JEAN 173.10 ILKANOVSKI, NIKOLCE 151.00 ILLINOIS FBI NA 50.00 INTERNATIONAL DECORATORS 2,710.65 INTERNATIONAL SALT CO LL 22,017.75 JOHNSON, JEROME A 374.62 KALE UNIFORMS INC 102.86 KEESEY, RACHEL 60.00 KIMBALL MIDWEST 709.21 LANGILLE, CURT 686.90 LEACH ENTERPRISES INC 246.50 LEE AUTO MCHENRY 159.45 LEINWEBER, ANN 200.00 LEXISNEXIS 118.50 LORCH, NANCY 95.23 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 2,265.04 MCCAULEY, MARTIN E 14,423.40 MCH COUNTY DEPT OF HEALT 310.00 MCHENRY ANALYTICAL WATER 100.00 MCHENRY COUNTY CHIEFS OF 42.00 MCHENRY COUNTY COUNCIL 0 60.00 MCHENRY NAPA 2,034.74 MCMASTER-CARR SUPPLY CO 73.21 MEYER MATERIAL COMPANY 2,149692 MIDCO 777.50 MINUTEMAN PRESS OF MCH 630.00 MOLNAR, JAMES 7.28 NEENAH FOUNDRY 72.00 NICOR GAS 1,952.16 NORTHWEST ELECTRICAL SUP 986.36 OTREBLA PROPERTIES LLC 1,358.25 PADRO, PEDRO 318.13 PETROLIANCE LLC 8r063.19 PRECISION SERVICE & PART 91.19 PROSOURCE FINANCIAL LLC 3,166.67 PUCHALSKI, RICHARD J 1,265.00 �� R&J CONTRUCTION SUPPLY C 230.66 March 16,2009 Page 4 REGNER, WILLIAM J 177.94 REICHE'S PLUMBING SEWER 115.00 RELIABLE SAND & GRAVEL 522.40 RIDGEVIEW ELECTRIC INC 21,037.50 RIVERSIDE ANIMAL CLINIC 73.00 ROC CONSTRUCTION SUPPLY 368.03 ROCKALL, KRISTIAN 2,540.00 ROGERS, MATT 60.00 RUSHING, RHONDA F LANG— 202.76 SCHAER, LISA 76.00 SCHOPEN PEST SOLUTIONS 90.00 SCHULHOF COMPANY 332.04 SEC GROUP INC 25,606.14 SEXTON, ERIC M 32.39 SHAW SUBURBAN MEDIA 130.90 SICALCO LTD 3,617.92 SIUE 10.00 SPRINT 118.32 STANS OFFICE TECHNOLOGIE 179.00 STAPLES BUSINESS ADVANTA 410.83 STEINER ELECTRIC COMPANY 430.00 STEKL, DIANE 391.00 SYNEK, JENNIFER 94.27 TRAFFIC CONTROL & PROTEC 1,531.22 ULTRA STROBE COMMUNICAIT 405.90 USA BLUEBOOK 1,017.72 VERMONT SYSTEMS INC 2,120.76 VIKING CHEMICAL COMPANY 5,782.40 WATER PRODUCTS — AURORA 225.08 WIRTZ, PAT 69.51 XYBIX SYSTEMS INC 2,514.00 ZOOK, MARGARET 71.04 GRAND TOTALS 221,154.93 FUND TOTALS GENERAL FUND 79,118.81 MOTOR FUEL TAX FUND 31,635.67 CAPITAL IMPROVEMENTS FUND 31,454.52 WATER/SEWER FUND 29,516.23 UTILITY IMPROVEMENTS FUND 25,145.03 EMPLOYEE INSURANCE FUND 3,166.67 INFORMATION TECHNOLOGY FUND 9,286.70 RETAINED PERSONNEL ESCROW 10,566.30 POLICE PENSION FUND 1,265.00 TOTALS 221,154.93 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR USE OF PETERSEN PARK FOR ANNUAL HAUNTED HAYRIDE IN OCTOBER 2009, TEMPORARY ADVERTISING SIGNS, AND WAIVER OF ALL ASSOCIATED FEES —WONDER LAKE WATER SKI TEAM In attendance was Jim Schmidt, Vice President of the Wonder Lake Water Ski Team, who presented a check to Mayor Low on behalf of the team. He noted contributions would also be made to various organizations as well. Assistant City Administrator Hobson stated the Wonder Lake Water Ski Team is once again requesting use of Petersen Park for its October Annual Haunted Hayride. He noted this is the twelfth year for this program. The request is for use of the park, March 16,2009 Page 5 permission to install temporary advertising signs and waiver of all associated fees. Staff supports the request. Alderman Santi stated it is a wonderful partnership between the City and the ski team. It is a good event and he supports the request. Alderman Glab also noted it is a good event and stated it is nice to see the ski team give back to the City. Alderman Schaefer concurred with Alderman Glab. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to approve the request for use of Petersen Park for the Annual Haunted Hayride to be held in October 2009, posting of temporary advertising signs and waiver of all associated fees, as requested by the Wonder Lake Water Ski Team. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — COST CUTTERS FAMILY HAIR SALON, 2206 NORTH RICHMOND ROAD Deputy City Administrator Martin stated a request was received from Cost Cutters Family Hair Salon who is relocating from their current site in McHenry Commons to the Rubloff Towne Centre Shopping Center at 2206 North Richmond Road. As part of the move, the applicant is requesting a variance to allow placement of its existing wall sign on the rear fagade at its new location. The sign, with an area of 9 square feet, is 2.25 square feet larger than permitted by ordinance. Staff has reviewed the application and supports the request. Alderman Glab stated he has issues with approving sign variances. He understands the expense which would be caused by purchasing a new sign, but noted he cannot support the variance request. Alderman Murgatroyd stated he understands Alderman Glab's concerns, but noted the variance being requested is minimal. Motion by Peterson, seconded by Wimmer, to accept Staffs recommendation to approve a rear fagade sign variance allowing a wall sign of 9 square feet for Cost Cutters Family Hair Salon at 2206 North Richmond Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. March 16,2009 Page 6 AGREEMENT FOR APPRAISAL OF MCHENRY SHORES WATER COMPANY STRATEGIC VALUATIONS LLC, IN THE AMOUNT OF $8,000 Deputy City Administrator Martin stated Staff has been working with customers of the McHenry Shores Water Company to acquire the utility from T. P. Matthews. As part of the process the customers have asked the City to secure an appraisal of the water system to make sure it was properly valued. Staff has identified an appraiser who specializes in attaching valuation to utility companies. Strategic Valuations, LLC has submitted a Letter of Engagement in the amount of$8,000 to provide this service for the City. The firm will use a Discounted Earnings method approach to evaluate the system. The appraiser also will use an Estimated Replacement Cost New less Depreciation method based on information received from the water company. The result will provide the City with an estimated value as of December 31, 2008. It is Staffs recommendation to enter into the Letter of Agreement with Strategic Valuations, LLC in the amount of $8,000. Alderman Wimmer opined moving forward with the appraisal would facilitate a conclusion to the City's discussion of the possible purchase of the water company. Alderman Peterson expressed concerns regarding the wording in paragraph 3 on page 3, referencing there is a possibility that no valuation report might be forthcoming. City Administrator Maxeiner responded the document includes boiler plate language. He noted he has already discussed the matter with Mr. Green of Strategic Valuations, who has indicated there is sufficient information available in order to provide a complete �--� evaluation. Motion by Wimmer, seconded by Glab, to accept Staffs recommendation to enter into a Letter of Engagement with Strategic Valuations LLC for the appraisal of the McHenry Shores Water Company in an amount not-to-exceed $8,000. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer; Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DEMAND FOR PAYMENT - IRREVOCABLE SUBDIVISION BOND AGREEMENTS FOR LEGEND LAKES SUBDIVISION NEIGHBORHOODS 1 6. 7 AND 8 Deputy City Administrator Martin stated in 2008 Kimball Hill Homes filed for bankruptcy protection to reorganize the company while attempting to find a buyer. The company is currently in the process of asset liquidation and will cease existence sometime this year. Deputy City Administrator Martin noted that Kimball Hill Homes did not fully complete the public improvements associated with certain neighborhoods in the Legend Lakes Subdivision. Staff has requested SEC Group compile a punch list of outstanding work items yet to be completed within the subdivision. Staff is requesting Council authorization to demand payment from the surety companies posting bonds in favor of the subdivision so that the City can utilize the funds to complete the unfinished March 16,2009 Page 7 public improvements. This evening's request includes a Demand for Payment for bonds ensuring public improvements in Legend Lakes Neighborhoods 1, 6, 7, and 8. Alderman Murgatroyd stated the subdivision surety is a protective measure in place for the benefit of the subdivision's residents and property owners. Responding to an inquiry by Alderman Murgatroyd, Deputy City Administrator Martin stated Neighborhood 1 is a townhome development. Neighborhoods 6,7 and 8 are single family residences. Deputy City Administrator Martin noted Neighborhood 5 is substantially completed. The potential purchaser of that neighborhood would work with the City to ensure all public improvements are completed. Alderman Glab expressed concerns regarding the unfinished public improvements of the subdivision. He noted the City has previously experienced difficulties when a developer has walked away prior to completion of a development. He suggested closer analysis would be appropriate. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation, to authorize the City Clerk's Demand for Payment of bonds ensuring the public improvements of Legend Lakes Subdivision, Neighborhoods 1, 6, 7 and 8 as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID FOR PETERSEN PARK FIELD NO. 2 FENCING — FOX VALLEY FENCE, IN THE AMOUNT NOT-TO-EXCEED $28,646 Assistant City Administrator Hobson stated Council at its February 2, 2009 regularly scheduled meeting awarded bids for the Petersen Park Field No. 2 improvements. The fencing contract was awarded to Paramount Fence of Batavia, Illinois in the amount of $22,000. Since that time, Paramount has indicated they could not complete the project on time and requested release from their bid obligations. Assistant City Administrator Hobson stated the second lowest fencing bid was submitted by Fox Valley Fence in the amount of $28,646. Fox Valley Fence has been contacted and they assured Staff they would be able to complete the work within the appropriate time frame. It is therefore Staffs recommendation to award the bid for the fencing work at Petersen Park Field No. 2 to Fox Valley Fence in the amount not-to- exceed $28,646. Alderman Glab suggested putting the project out to bid again in an effort to get a better price. City Administrator Maxeiner responded that rebidding would push the project back about 60 days. He noted time constraints are the biggest part of Staffs concern regarding project completion. A brief discussion ensued regarding time constraints and contract issues. March 16,2009 Page 8 Alderman Murgatroyd suggested a note be made regarding this company's rescinding their bid in order to alert Staff for future bid projects. Alderman Condon concurred. City Administrator Maxeiner clarified that the money used for the project is not tax-payer dollars. Money used to fund this project is paid from Developer Donations. Alderman Condon opined the value of the project goes far beyond money. It has to do with doing the right thing for the community. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to award the bid for the Petersen Park Field No. 2 Fencing Project to Fox Valley Fence in the amount not-to-exceed $28,646. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR SANITARY SEWER SYSTEM IMPROVEMENTS FOR CWWTP AND SWWTP — SEC GROUP INC. IN AN AMOUNT NOT-TO-EXCEED $521.709 r City Administrator Maxeiner stated Council in 2005 approved a long-term plan for wastewater services that included decommissioning of the Central Plant and redirecting flows to the South Plant. In August 2008 Council approved an Engineering Services Agreement for the design of a 4.0 million gallon per day expansion of the South Plant. Funding for the improvement was split between user charges and developer donations. City Administrator Maxeiner noted with the state of the economy and development activity slowdown, funds are not available to move forward with the planned improvement. Staff was left with two options: 1) Prepare to continue to operate the Central Plant for the foreseeable future; or 2) Keep the Central Plant operational for the short term while preparing a backup plan in case of significant equipment failure. City Administrator Maxeiner stated Option 2 appears to be the most cost- effective. SEC Group has submitted an Engineering Services Agreement for the following: 1) Modifications to the raw wastewater pumping station at the Central Plant; 2) Construction of the force main providing the conveyance between the Central Plant and the South Plant; 3) Installation of a fine screen unit at the South Plant; 4) Evaluation of operations at both plants to create a list of improvements and recommendations to keep the facilities operating effectively for a ten-year life expectancy. March 16,2009 Page 9 City Administrator Maxeiner also noted there is a remaining balance on $926,649 on the original engineering services agreement for the project which may be utilized to fund the cost of the agreement before Council this evening. It is therefore Staffs recommendation to authorize the Mayor's signature on an Engineering Services Agreement with SEC Group in the amount of$521,709 as presented. Alderman Murgatroyd stated if the Central Plant were retired, conveyance would have to be made to the South Plant anyway. Engineer Robert Wegener was in attendance and stated the original plan called for two force mains. There would ultimately be two force mains installed. At this time only one force main would be installed which would handle approximately 30% of the volume during high volume or excess flow periods. City Administrator Maxeiner stated he has had conversations with representatives of the IEPA who have indicated their support of taking this direction. Alderman Petersen stated that a contract this complicated should have come before a committee prior to Council presentation. He inquired about costs specified on page 12 referencing the number of man-hours per hour. Robert Wegener explained how the costs were separated and apportioned for the project. Alderman Peterson opined the engineering rates are excessive and they do not jibe. City Administrator Maxeiner assured Council the numbers would be reconciled with SEC Group and the contract would be brought back to Council. Alderman Glab suggested a bid process would provide more competitive proposals. City Administrator Maxeiner responded State law prevents seeking bids for engineering and/or architectural services. Mayor Low stated SEC Group is the City's Engineer because we trust the firm to act in the City's best interest. She inquired if there was a consensus that this is a viable plan currently before the City. City Administrator Maxeiner noted this matter would be brought back for Council consideration on March 30th at Council's regularly scheduled meeting. Mayor Low stated she wished to recognize the efforts of Robert Wegener who is no longer with SEC Group. She noted he has done a great job for the City and wished him well. Mayor Low then introduced Steve Cieslica of SEC Group. MAYOR STATEMENT AND REPORT Mayor Low congratulated the McHenry Rotary Club on its St. Patrick's Day Parade held on Sunday, March 15th. She noted it was a fun event and well-attended. March 16,2009 Page 10 Mayor Low also noted the Rotary Club received a Proclamation from Governor Patrick Quinn. .COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee is scheduled for Wednesday, March 18, 2009 at 7 p.m. in the Aldermen's Conference Room. Chairman Alderman Murgatroyd announced a Finance and Personnel Committee Meeting is scheduled for Monday, March 23, 2009 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner announced there will be an Open House at the Public Works Facility located at 1415 North Industrial Drive on Monday March 30, 2009 between the hours of 5 p.m. and 7 p.m. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: COLLECTIVE BARGAINING Motion by Glab, seconded by Wimmer, to go into Executive Session at 8:50 p.m. to discuss Collective Bargaining. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:53 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 9:14 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:14 p.m. OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION No action was taken in Open Session regarding matters discussed in Executive Session. March 16,2009 Page 11 ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:15 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:15 p.m. Mayor City Cler{