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HomeMy WebLinkAboutMinutes - 12/04/1996 - City Council REGULAR MEETING DECEMBER 4, 1996 The Regular meeting of the McHenry City Council was called to order by Mayor Steven Cuda on Wednesday, December 4, 1996 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance were City Clerk L Althoff, City Administrator Jordan, City Attorney McArdle, Chief of Police Joyce, Director of Public Works Batt, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel. Absent: None. 1996 TAX LEVY ORDINANCE City Administrator Jordan informed Council that discussions regarding the 1996-97 Tax Levy Ordinance first occurred at the October 16, 1996 regularly scheduled Council meeting. The Public Hearing for the 1996-97 Tax Levy was held on November 6, 1996. No written or verbal comments were received by the City Clerk's office, nor were any comments forthcoming during the Public Hearing. Council tabled further discussion and passage of the 1996-97 Tax Levy Ordinance to the December 4, 1996 regularly scheduled Council meeting. The Truth in Taxation Notice was published on October 25, 1996, as the proposed tax levy was a 9% increase over the previous year's extension and more than the 2.5% Consumer Price Index allowed by law. Some discussion followed regarding reduction of the 1996-97 Tax Levy. It was the consensus of Council to reduce the 1996-97 Tax Levy to equal last year's 1995-96 levy rate of .6032. Further discussion followed regarding which fund(s) to reduce. It was the recommendation of staff to reduce the Retirement Fund from N-W $470,000.00 to $469,500.00. Motion by Baird, to pass the 1996-97 Tax Levy Ordinance as presented. Motion died for lack of a second. Motion by Lawson, seconded by Bolger, to pass the 1996-97 Tax Levy Ordinance as presented, subject to the reduction of the Police Pension Fund Tax Levy -� amount from $535,000.00 to $534,500.00, creating a total Tax Levy amount of $2,052,045.00. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. �-- PUBLIC HEARING - GLAVIANO/SWIERK PROPERTY Mayor Cuda opened the Public Hearing at 7:35 P.M. Mayor Cuda asked if there were any questions or comments from the audience. There were none. City Clerk Althoff then informed Council no written or verbal comments and/or questions had been received by the Clerk's office. City Administrator Jordan informed Council petitioners Nicholas Glaviano and Rosemary Swierk were seeking annexation and zoning by the City of McHenry. The property is located at 414 S. Route 31 , McHenry, Illinois, and is currently zoned B3V, or General Business, with a variance under McHenry County zoning. It is the intent of the petitioners to renovate the building utilizing the front 1/3 as professional offices, including the architectural offices of Direct Design, Ltd. The petitioners are also requesting a Use Variance to allow for the continued operation of a cabinet manufacturing and millwork business currently on the `- premises. The Zoning Board of Appeals, at its November 4, 1996 meeting, voted unanimously to grant the petitioners request for reclassification upon anexation to the City of McHenry, from B3V, General Business with a Variation pursuant to the McHenry County Zoning Ordinance, to C-5 Highway Commercial Zoning District pursuant to the City of McHenry Zoning Ordinance, and to grant the petitioners' request for a Use Variance to allow cabinet manufacturing and millwork on the premises, subject to the Council's limitation of the Use Variance to the existing cabinet manufacturing/millwork business. Alderman Baird requested language be inserted in the Annexation Agreement regarding the payment of Capital Development �- Fees upon connection the City of McHenry's sewer and water utilities. Alderman Baird also requested a map denoting the property in question be provided as part of the agenda supplement. In response to Council inquiry, President of Direct Design, December 4, 1996 Page 2 Ltd, John Swierk, informed Council all signage will conform to the City of McHenry's current sign ordinances. Motion by Lawson, seconded by Baird, to close the Public Hearing. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The Public Hearing was closed at 7:47 P.M. Motion by Bolger, seconded by Baird, to pass an ordinance approving the Glaviano/Swierk Annexation Agreement and authorizing the Mayor and City Clerk to execute the Glaviano/Swierk Annexation Agreement. Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to pass an ordinance annexing the Glaviano/Swierk property located at 414 S. Route 31 , McHenry, Illinois, and s authorizing the Mayor and City Clerk's execution of the ordinance. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Lawson, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals and pass an ordinance reclassifying --, the Glaviano/Swierk property located at 414 S. Route 31 , McHenry, Illinois, from County B3V, General Business District, to C-5, Highway Commercial Zoning, and to grant a Use Variance for the existing cabinet manufacturing/millwork business. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Council inquiry, it was noted the Use Variance granted for the existing cabinet manufacturing/millwork business will be subject to the City of McHenry's Zoning Ordinance requirements with regard to the duration of the Use Variance. PUBLIC HEARING - SIXTH AMENDMENT TO ANNEXATION AGREEMENT DATED JULY 19, 1989 - GARY LANG Mayor Cuda opened the Public Hearing at 7:48 P.M. Attorney for the petitioner, Dan Curran, and petitioner Gary Lang were in attendance. Attorney Curran addressed Council informing them the installation of a left-hand turn lane in front of the Gary Lang property, as required by the Fourth Amendment to the Annexation Agreement -� dated July 19, 1989, would not solve the traffic problem in this area. Attorney Curran noted the traffic problems associated with the property adjacent to Mr. Lang, particularly the Shamrock Lane and Route 31 intersection. He suggested Council consider a comprehensive traffic plan in coordination with IDOT be developed addressing both the Shamrock Lane/Route 31 intersection and the installation of a left- hand turn lane on Route 31 in front of the Gary Lang property, as required by the Fourth Amendment to the Annexation Agreement dated July 19, 1989. Attorney Curran stated Mr. Lang's reluctance to spend monies, including those of the City, to complete a project which might be subsequently redesigned and reconstructed. A--,- , lengthy discussion followed. December 4, 1996 Page 3 Mayor Cuda asked if there were any questions or comments from members of the audience. There were none. In response to Mayor Cuda's inquiry regarding the Sixth Amendment to the Annexation Agreement dated July 19, 1989, City Clerk Althoff reported no comments or questions had been received by the City Clerk's �-' office. Motion by Baird, seconded by Bolger, to close the Public Hearing on the Sixth Amendment to the Annexation Agreement dated July 19, 1989. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. ' Voting Nay: None. Absent: None. Motion carried. The Public Hearing was closed at 8:00 P.M. Discussion continued regarding the feasibility of coordinating efforts among the Illinois Department of Transportation, the City of McHenry and Mr. Lang to develop a plan to correct the traffic problem in the area of the Shamrock Lane and Route 31 intersection. Motion by Baird, seconded by Lawson, to direct the Public Works Committee to evaluate and review the feasibility of coordinating a comprehensive traffic plan among the Illinois Department of Transportation, the City of McHenry and Mr. Lang to correct the traffic problem in the vicinity of the Shamrock Lane and Route 31 intersection. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. A tentative date of Wednesday, January 22, 1996 at 7:30 P.M. was scheduled for the Public Works Committee Meeting. Staff was directed to contact the Illinois Department of Transportation and request a representative attend the meeting that evening. CONSENT AGENDA Alderman Baird requested two corrections: 1) On page 6 of the November 13, ti•- 1996 minutes, the motion should read: "A total ban on burning during 'weekdays"'; and 2) the 1997 City Council Meeting Schedule Resolution should restate "the second meeting of the month should genera//y be considered a working meeting". Motion by Baird, seconded by Lawson, to approve the Consent Agenda as follows, subject to the following two corrections: 1) On page 6 of the November 13, 1996 minutes, the motion regarding leaf burning should include the language: "weekdays" after the phrase "recommendations regarding a total ban on burning"; and 2) the 1997 City Council Meeting Schedule Resolution should restate "the second meeting of the month should genera//y be considered a working meeting". (1) November 13, 1996 Regular City Council Meeting Minutes; (2) November 20, 1996 Regular City Council Meeting Minutes; (3) Resolution - 1997 City Council Meeting Schedule; (4) Tuition Reimbursement Request - John Jones, Computer Literacy, $107.00; (5) Payment to Pro-Clean, Inc. for Cleaning Services (Municipal Bldg.) 9/3/96 - 1 1/1/96, $3,375.00; (6) List of As-Needed Checks, as follows: (7) List of Bills for Approval, as follows: December 4, 1996 Page 4 AS-NEEDED CHECKS: General Fund 84425 PAYROLL ACCOUNT $ 109632.79 64426 MCHENRY STATE BANK $ 46764.60 84427 SEYFARTH SHAW FAIRWEATHER $ 1818.75 84428 CLERK OF THE CIRCUIT $ 110.00 84429 ICMA RETIREMENT TRUST-457 $ 3754.46 84430 NACO CLEARING ACCOUNT $ 1487.60 84431 ILLINOIS DEPT OF REVENUE $ 4509.43 84432 POLICE PENSION FUND $ 5225.97 84433 HEALTH PLAN MANAGEMENT $ 1537.70 84434 NCPERS GROUP LIFE INS $ 144.00 84435 HEALTH PLAN MANAGEMENT $ 7756.28 84436 INSURANCE CLAIMS ACCOUNT $ 1676.52 84437 SECRETARY OF STATE $ 5.00 84438 CAPITAL DEVELOPMENT $ 13715.00 84439 WATER/SEWER FUND $ 2745.00 84440 PETTY CASH FUND $ 147.10 84489 MCHENRY COUNTY RECORDER $ 112.50 84490 EMPLOYEE INSURANCE $ 19098.65 84491 PAYROLL ACCOUNT $ 122132.30 84492 CLERK OF THE CIRCUIT $ 110.00 84493 MARY ANN MILITANO $ 400.00 84494 INTERNAL REVENUE SERVICE $ 150.00 84495 HEALTH PLAN MANAGEMENT $ 1537.70 84496 ICMA RETIREMENT TRUST-457 $ 3754.46 84497 NACO CLEARING ACCOUNT $ 1487.60 84498 ILLINOIS DEPT OF REVENUE $ 4817.19 84499 POLICE PENSION FUND $ 5232.29 84500 MCHENRY STATE BANK $ 48673.57 84501 AFLAC $ 1352.50 "1 84502 MCHENRY POLICE OFFICERS $ 675.00 84503 LASALLE NATIONAL TRUST NA $ 254129.58 84504 POLICE PENSION FUND $ 6194.88 84505 PITNEY BOWES $ 192.57 84583 MCHENRY COUNTY RECORDER $ 108.00 84584 CAROL HOLIAN $ 75.74 84585 POLICE PENSION FUND $ 3287.53 84586 INSURANCE CLAIMS ACCOUNT $ 5855.30 84587 RECREATION PROGRAMS FUND $ 379.44 84588 PROJECT ASSESSMENT FUND $ 10000.00 84589 MCHENRY COUNTY CHIEFS OF $ 20.00 84590 PURCHASE POWER $ 204.27 84591 SAM'S CLUB $ 10.00 84592 UNITED STATES POSTAL SERV $ 660.00 Report Totals 691681.27 Water/Sewer Fund 13031 POSTMASTER MCHENRY IL $ 1018.80 13032 GENERAL FUND $ 20961.16 13033 AMOCO OIL CO $ 625.44 13034 EMPLOYEE INSURANCE $ 4650.00 13035 RETIREMENT FUND $ 8129.17 13036 PROJECT ASSESSMENT FUND $ 1884.31 13055 GENERAL FUND $ 21414.70 13056 GENERAL FUND $ 200000.00 13090 AMOCO OIL CO $ 38224.21 13091 PURCHASE POWER $ 61.90 13092 UNITED STATES POSTAL SERV $ 200.00 Report Totals 297169.69 Parks Fund 6871 GENERAL FUND $ 7877.51 6872 EMPLOYEE INSURANCE $ 975.00 6873 PETTY CASH FUND $ 10.20 6894 GENERAL FUND $ 8006.72 6895 PITNEY BOWES $ 40.84 6910 PURCHASE POWER $ 43 .33 6911 UNITED STATES POSTAL SERV $ 140.00 Report Totals 17093 .60 BILLS: General Fund 84621 R A ADAMS ENTERPRISES INC $ 74.43 84622 PAMELA J ALTHOFF $ 38.24 84623 AMERITECH $ 48.38 84624 BADGER UNIFORMS $ 89.70 84625 PETER BAKER & SON CO $ 97.50 84626 BONCOSKY OIL COMPANY $ 5005.94 84627 BRUCE MUNICIPAL EQUIPMENT $ 190. 94 84628 BUSS FORD SALES $ 275.69 '1 84629 CANON FINANCIAL SERVICES $ 556.00 84630 COMMUNICATIONS REVOLVING $ 425.00 84631 CONTRACTING & MATERIAL CO $ 161.00 84632 CREATIVE FORMS $ 706.89 84633 CRESCENT ELECTRIC SUPPLY $ 39.83 84634 CRYSTAL LAKE TIRE & $ 996.12 84635 DECKER SUPPLY CO INC $ 178.30 84636 DOWE & WAGNER INC $ 81.00 84637 FISCHER BROS CONST CO INC $ 1722.07 Page 5 General Fund (cont'd) 84638 JEFFERY S FOERSTER $ 19.59 84639 FOTO FAST $ 22.70 84640 FOXCROFT MEADOWS INC $ 276.00 84641 FREUND INTERNATIONAL $ 162.94 84642 WILLIAM J GITZKE D/B/A $ 284.30 84643 MARCI GERAGHTY $ 53.23 84644 DAWN HUFFMAN $ 75.24 �.• 84645 HUGHES & SON INC $ 487.00 84646 IDEAL UNIFORM SERVICE $ 289.05 84647 INNOVATIVE PACKAGING INC $ 106.40 84648 JEWEL FOOD STORES $ 1650.00 84649 KAR PRODUCTS $ 75.00 84650 PATRICIA A LAYCOCK $ 66.60 84651 LEACH ENTERPRISES INC $ 5.30 84652 LETN $ 388.00 84653 ANTHONY A MILITANO $ 13.00 84654 MINUTEMAN PRESS OF MCH $ 413.68 84655 MONROE TRUCK EQUIPMENT $ 1098.69 84656 MPH INDUSTRIES INC $ 183.96 84657 MCHENRY COUNTY GLASS & $ 46.82 84658 MCHENRY ROTARY CLUB $ 171.96 84659 MCI TELECOMMUNICATIONS $ 84.88 84660 MCHENRY COUNTY SHERIFFS $ 36.00 84661 MCOM SYSTEMS $ 90.00 84662 G NEIL COMPANIES $ 75.43 84663 NORTHERN ILLINOIS GAS $ 382.96 84664 NORTHSHORE WASTE CONTROL $ 2505.50 84665 NORTHWEST ELECTRICAL $ 2511.12 84666 NORTHWEST HERALD $ 1081.84 84667 PETERSEN SAND & GRAVEL $ 809.31 84668 PITNEY BOWES $ 180.02 84669 RADICOM INC $ 150.80 \ 84670 R & N TRUCKING $ 155.00 84671 ROCKFORD INDUSTRIAL $ 35.86 \.- 84672 R & S DISTRIBUTORS INC $ 199.45 84673 RUBBER FLOOR PRODUCTS INC $ 453.87 84674 G W RUSSELL & ASSOCIATES $ 134.40 84675 SKOKIE VALLEY ASPHALT CO $ 5533.12 84676 SMITH ENGINEERING CONSULT $ 3151.41 84677 SUMMERS PORTABLE TOILETS $ 51.75 84678 THOMPSON ELEVATOR $ 1760.00 84679 TRANE CHICAGO BUILDING $ 488.49 84680 UNITED PARCEL SERVICE $ 32.79 84681 WARNING LITES OF ILLINOIS $ 397.50 84682 WEARGUARD $ 132.37 84683 WORKING WORLD STAFFING $ 549.70 84684 MOTOROLA INC $ 30.00 Report Totals 37590.06 Water/Sewer Fund 13102 A G PLUMBING $ 60.00 13103 BAXTER & WOODMAN $ 231.45 13104 BONCOSKY OIL COMPANY $ 384.34 13105 BURRIS EQUIPMENT CO $ 266.96 13106 CAREY ELECTRIC $ 726.00 13107 COMED $ 51.90 13108 CRESCENT ELECTRIC SUPPLY $ 29.16 ��.• 13109 G C C ENTERPRISES INC $ 550.00 13110 LEACH ENTERPRISES INC $ 54.52 13111 MEYER MATERIAL COMPANY $ 198.36 13112 MCI TELECOMMUNICATIONS $ 3 .69 13113 NCL OF WISCONSIN INC $ 264.55 13114 NORTHERN ILLINOIS GAS $ 1687.94 13115 NORTHWEST ELECTRICAL $ 121.08 13116 PETERSEN SAND & GRAVEL $ 500.80 13117 PITNEY BOWES $ 54.54 13118 ROWELL CHEMICAL CORP $ 950.38 13119 SIDENER SUPPLY COMPANY $ 1358.54 13120 UNITED PARCEL SERVICE $ 29.43 13121 WOODLAND RECYCLING & $ 2257.50 Report Totals 9781.14 Parks Fund 6919 AMERITECH $ 83 .07 ,._ 6920 BONCOSKY OIL COMPANY $ 18.81 6921 CHIPPER BY THE DOZEN $ 12.50 6922 CRYSTAL MANOR STABLE $ 134.00 6923 FOTO FAST $ 23.71 6924 ILLINOIS ASSOCIATION OF $ 140.00 6925 MCI TELECOMMUNICATIONS $ 8.05 6926 NORTHERN ILLINOIS GAS $ 341.09 6927 PITNEY BOWES $ 38.19 �+ 6928 S & S ARTS & CRAFTS $ 378.26 6929 TARGET STORES $ 11.00 6930 KATHLEEN EREMO $ 18.00 6931 BONNIE FORNER $ 15.58 6932 HANK MAIDA $ 100.00 6933 THE MAILBOX $ 49. 90 6934 VIOLA SOKOLOWSKI $ 28.00 6935 LINDA SIMMONS $ 37.00 Report Totals 1437.16 December 4, 1996 Page 6 Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. LETTER FROM ROGER GERSTAD REGARDING CONTRACTORS' INABILITY TO WORK ON SATURDAYS Roger Gerstad of Gerstad Builders was in attendance. Mr. Gerstad addressed Council regarding Council consideration of amending Section 14-8 of the Municipal Code regarding the inability of contractors and homeowners to work on Saturdays. Director of Building & Zoning Lobaito noted the ordinance was ambiguous and recommended the ordinance be reviewed and amended. It was the consensus of council after some discussion to direct the Building & Zoning Committee review and recommend amendments to this ordinance. It was noted that the City of McHenry is the only McHenry County municipality with this restrictive an ordinance regarding working on Saturday. Motion by Baird, seconded by Lawson to direct the Building & Zoning Committee to review Section 14-8 of the Municipal Code and recommend any amendments. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Director of Building & Zoning Lobaito was instructed to continue interpreting and enforcing this ordinance as usual until the matter is resolved by council. Council also directed input from area developers be sought on any proposed amendments to Section 14-8 of the Municipal Code. THE REVISED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY COUNTY REGARDING CHILD SEX OFFENDER AND MURDERER COMMUNITY NOTIFICATION LAWS Chief of Police Joyce noted council at its regularly scheduled October 3, 1996 meeting directed staff to proceed with the Intergovernmental Agreement with the McHenry County Sheriff's Department regarding notification of all registered sex offenders to schools, day care centers, family service organizations and all other appropriate community entities four times per year with additional language changes suggested by City Attorney McArdle. The finalized draft was to be brought before council for final approval. This draft is now before council for final approval. A discussion followed regarding indemnification requirements of the Intergovernmental Agreement and the feasibility of publicly posting the list of known sex offenders residing within the corporate limits of the City of McHenry. Council directed City Attorney McArdle to research this issue and advise council accordingly. Motion by Baird, seconded by Locke to approve the Intergovernmental Agreement between the County of McHenry, the McHenry County Sheriff's Department, the City of McHenry and the City of McHenry's Police Department regarding community notifications required by 730 ILCS 152-101 , the Child Sex Offender and Murderer Community Notification Law, subject to the striking of paragraph #8 on page 2 of the Agreement, and to authorize the Mayor's execution of —� the Agreement. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. THE ZONING RECLASSIFICATION AND CONDITIONAL USE PERMIT FOR MCHENRY JEEP/EAGLE AUTOMOBILE DEALERSHIP Property owner and petitioner Richard A. Adams was in attendance. Mayor Cuda publicly acknowledged he had provided legal services for petitioner, Mr. Adams. December 4, 1996 Page 7 Director of Building & Zoning Lobaito reported the petitioner was requesting the property located at 3007-3009 W Route 120 be reclassified from 1-1 Industrial Zoning to C-5 Highway Commercial and a Conditional Use Permit to allow an open sales lot and an automobile service and repair facility. The Zoning Board of Appeals at its November 11 , 1996 meeting made no recommendation. Director of Building & Zoning Lobaito noted the Zoning Board of Appeals did not object to the down zoning, `.. however, was concerned with permitting the conditional use. The conditional use granting an open sales lot which does not restrict the type of merchandise which can be sold from that location was objectionable. Director of Building & Zoning Lobaito noted the conditional use permit granted to McHenry Jeep/Eagle Dealership as a result of the East of the River annexation in 1995, did not limit the type of merchandise sold on the dealership's property. To add limitation on this property located at 3007-3009 W Route 120 now owned by the same entity and leased by McHenry Jeep/Eagle Dealership did not make sense. Director of Building & Zoning Lobaito recommended council consider granting the conditional use permit on the subject property located at 3007-3009 W Route 120 for an open sales lot and an automobile service facility only for the benefit of the adjacent land user to the west. He noted this will prevent the land from developing with a conditional use permit independent of the adjacent land user to the west. The petitioner, Mr. Adams, stated his willingness to restric the zoning ordinance granting the conditional use. Motion by Bolger, seconded by Baird to recognize the non-recommendation of the Zoning Board of Appeals and pass an ordinance reclassifying the property location at 3007-3009 W Route 120 from 1-1 Industrial Zoning to C-5 Highway Commercial Zoning and to grant a conditional use permit allowing: 1 ) an open sales lot; and 2) an automobile service and repair facility, subject to the inclusion of restrictive language limiting the permitted conditional use on the subject property, 3007-3009 W Route 120, to the conditional use of the adjacent property directly to the west. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID: DEMOLITION OF 3442 WEST ELM STREET AND 3926 WEST MAIN STREET Director of Building & Zoning Lobaito reported a total of five bid packets were distributed with only two bids submitted for consideration. The two bids were opened on Monday, November 25, 1996. The low bidder was Cornerstone Material Recovery Inc. with a price of $54,279. It is the recommendation of staff to award the contract to Cornerstone Material Recovery Inc. for $54,279. Director of Building & Zoning Lobaito also noted this project was budgeted for $60,000. L Motion by Lawson, seconded by Bolger to award the demolition bid of property located at 3442 West Elm Street and 3926 West Main Street to the low bidder, Cornerstone Material Recovery Inc., for an amount not to exceed $54,279. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. INDUSTRIAL DRIVE - ENGINEERING SERVICES AGREEMENT ADDITIONAL COSTS Director of Public Works Batt reported Smith Engineering has submitted a request to increase the not to exceed costs in their engineering services agreement by $3,700. Director of Public Works Batt noted that Smith Engineering will incur additional costs to reduce the project size for Industrial Drive due to the originally high cost estimate. Some discussion followed regarding the time element and the process required in downsizing and modifying the Industrial Drive project. December 4, 1996 Page 8 Motion by Bolger, seconded by Bates to approve the Engineering Services Agreement Amendment with Smith Engineering for the Industrial Drive project in an amount not to exceed $3,700.00 Voting Aye: Bolger, Locke, Bates, Lawson. Voting Nay: Baird. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT - DONOVAN STREET LIFT STATION AND FORCE MAIN Director of Public Works Batt reported City Engineers Baxter & Woodman were requesting council approval of an amendment to the Engineering Services Agreement for the Donovan Street Lift Station and Force Main in an amount not to exceed $15,500. The following additional services would be provided: 1) preparation and distribution of executed construction documents; 2) review of all insurance documents; 3) notice of award issuance; 4) 200 hours of inspection services on weekdays, up to 40 hours per week, concentrated largely on the force main crossing Boone Creek and the railroad tracks. Director of Public Works Batt also informed council Union Pacific Railroad may require payment in exchange for a needed easement. Motion by Baird, seconded by Lawson to approve the Engineering Services Agreement Amendment for additional services including: 1) preparation and distribution of executed construction documents; 2) review of all insurance documents; 3) notice of award issuance; 4) 200 hours of inspection services on weekdays, up to 40 hours per week in an amount not to exceed $15,500. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. CITY OF McHENRY PUBLIC WORKS DEPARTMENT SAFETY POLICY Director of Public Works Batt informed council at the request of the Illinois Department of Labor, the City of McHenry Public Works Department developed and adopted a safety policy addressing several safety issues, including: 1) confined space entry procedures; 2) lockout/tagout procedures; 3) lifting and handling procedures; 4) personal protective equipment procedures; 5) hazardous communications procedures; 6) evacuation and shoring procedures; 7) confined space entry permit; and 8) respiratory policy. Director of Public Works Batt also noted several components of the adopted policy will affect expenditures for equipment necessary to comply with the various aspects of the policy. He stated none of the expenditures would be significant. Alderman Locke suggested all Public Works employees sign-off on this policy and periodic testing and training be provided. Alderman Baird recommended copies of the Safety Policy be required in all Public Works vehicles. Motion by Baird, sebonded by Locke, to approve and adopt as policy the City of McHenry's Public Works Department Safety Policy, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda informed Council bids for the East of the River sanitary sewer extension were submitted and opened this afternoon, Wednesday, December 4, 1996 at 3:00 P.M. Six bids were submitted for consideration, with the project cost estimate set at $3,325,000.00. The apparent low bidder was Joel Kennedy in an amount of $2,987,498.00. The formal bid award will be before Council at the regularly scheduled December 16, 1996 meeting. COMMITTEE REPORTS There were no Committee Reports. December 4, 1996 Page 9 STAFF REPORTS Director of Public Works Batt informed Council the apparent total cost, including engineering and the purchase of property, for the East of the River sanitary sewer extension project would be less than the Enabling Ordinance's allowable $3.6 million. Director of Parks and Recreation Merkel reminded Council of the Third Annual City of McHenry/McHenry Area Chamber of Commerce Tree Lighting Ceremony on Sunday, December 8, 1996 at 4:00 P.M. in Whispering Oaks Park. Director Merkel also noted the Winter/Spring Parks and Recreation Brochure had been compiled and distributed. Copies were provided for Council review. City Administrator Jordan reported the Community Development Block Grant applications for the realignment of Industrial Drive and the Lakeland Park drainage projects were submitted Monday, December 2, 1996 for consideration. The City of McHenry is tentatively scheduled for the second week in January for formal presentation. City Administrator Jordan also noted City Planner interviews were scheduled for Thursday and Friday, December 5th and 6th. He also noted staff was in the process of developing 1996-97 budget information. City Clerk Althoff reported the Annual Christmas McHenry County Municipal Association dinner is scheduled for Wednesday, December 18, 1996. Information regarding this meeting will be provided in the Friday agenda packets. NEW BUSINESS Alderman Bates requested staff investigate an ongoing complaint from Mill Creek Subdivision residents regarding machinery startups in the Olde Mill Ponds development before 7:00 A.M. on weekdays. Director of Building and Zoning Lobaito stated he would contact Alderman Bates after investigation of this complaint. In response to Alderman Bolger's request, Director of Public Works Batt informed Council Smith Engineering was preparing a cost analysis proposal to conduct a warrant study at the intersection of Route 31 and Shamrock Lane. Chief of Police Joyce will also provide a report regarding the number and type of accidents occurring during the past twelve months at this intersection. EXECUTIVE SESSION Motion by Bolger, seconded by Locke, to go into Executive Session to discuss Personnel. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:55 P.M. Motion by Lawson, seconded by Locke, to go back into Open Session. ... Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:10 P.M. Alderman Bates initiated discussion regarding the cost and quality of services provided by the current contracted cleaning service. He stated his displeasure so, further discussion followed. Staff was directed to investigate the hiring of a less expensive local cleaning service. December 4, 1996 Page 10 Alderman Locke suggested all contracted engineering and design work be interfaced with the City of McHenry's computer network. Alderman Locke also stated his displeasure with the sign located in Whispering Oaks Park denoting the new Oak Drive. ADJOURNMENT Motion by Bates, seconded by Lawson, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 9:25 P.M. C� ✓' '� MAYOR CITY LERK