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Home My WebLink AboutMinutes - 09/16/2002 - City Council REGULAR MEETING SEPTEMBER 16, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, September 16, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: Assistant Administrator Lockerby, Deputy Clerk Kunzer, City Attorney McArdle, Director Public Works Marcinko, Director Community Development Napolitano, Director Parks and Recreation Merkel and Chief of Police O'Meara. Absent: City Clerk Jones. TEN MINUTE PUBLIC INPUT No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Bolger requested Consent Agenda Item No. 2, Recommendation to Hire Custom Landscaping Design and Construction for the renovation of the Cumberland Circle Island, be removed from the Consent Agenda and sent to the Public Works Committee for further consideration prior to Council action. Motion by Low, seconded by Bolger, to approve the Consent Agenda as amended: ■ Recommendation to Hire Kristi Readwine as Police Department Telecommunication Officer at an annual salary of$32,100; ■ Recommendation to waive bid requirements and direct Trkla, Pettigrew, Allen and Payne, to execute a Letter of Authorization to Terracon, Inc. to perform the Phase 2 Environmental Follow-Up in an amount not-to-exceed $10,000; ■ Pass ordinance granting approval of the Final Plat North Gate Development West Subdivision; ■ Pass ordinance correcting the name of Metalmaster Drive to Metalmaster Way; ■ As Needed Checks: GENERAL FUND AFLAC 1,210.74 BIMBO'S 125.00 GFS MARKETPLACE 239.65 ILLINOIS DEPARTMENT OF 464.00 ILLINOIS STATE POLICE 114.00 MCHENRY COUNTY RECORDER 84.00 PETTY CASH FUND 180.02 PORTERS QUARTERS 150.00 POSTMASTER MCHENRY IL 2,649.95 RECORD A HIT 795.00 RINK SIDE SPORTS 140.00 SAMOS CLUB 683.56 SECRETARY OF STATE/INDEX 10.00 UNITED STATES LIFE INSUR 907.20 ADAMS, JOHN 146.60 AMERICAN INTERMAXX INC 21.55 BYRNE 6 ASSOCIATES INC, 4,338.00 CALEA 4,910.00 CLARK 30.00 FIRST MIDWEST BANK 9.95 FOP UNITS I/II 1,452.00 HOME DEPOT/GECF 62.85 ILLINOIS MUNICIPAL 52,574.70 � IPRA 25.00 MURDOCK INC 17.40 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS 267.00 PETERSEN, ROBERT G 3,033.20 POSTMASTER MCHENRY IL 1,479.12 September 16, 2002 Page 2 RUZICKA, RUSSELL 15.60 WALMART COMMUNITY BRC 821.22 WIECZOREK, KELLY 39.20 ZION LUTHERAN CHURCH 514.00 BARTOLAI, MICHAEL J 72.50 BURRAFATO, SAM 87.50 CHRISTOPHER, DAVID 87.50 DICKMAN, ROB 102.50 DUFFY, DANIEL 102.50 GILPIN, GARY 102.50 HARRISON JR, JOHN J 87.50 HOLMSTROM, ROBERT 87.50 HUMMEL, MICHAEL J 72.50 KUHL, JOHN 72.50 KURZ JR, ALFRED P 87.50 LANGE, MICHAEL 72.50 LEIN, JAMES 72.50 MERTZ, GARY 87.50 MEYER, DONALD 72.50 MOLL, DALE 87.50 OWSLEY, MIKE 102.50 PROESEL, JOHN R 87.50 RAMIREZ, ESTEBAN A 72.50 REID, MICHAEL 102.50 - ROGERS, MATT 102.50 RUNYARD, CLIFFORD A 72.50 RUZICKA, RUSSELL 72.50 SASAK, TODD 72.50 SCHAID, MARK 72.50 SPAETH, TOM 87.50 WERHANE, MATT 72.50 WILLIAMS, JANICE H 72.50 WIRCH, STEVE 72.50 WROBLEWSKI, JASON 72.50 YENCICH, KURT 72.50 DEVELOPER DONATION FUND CHICAGO TITLE INSURANCE 350,275.70 PETERSEN, ROBERT G 3,033.20 RECREATION CENTER FUND HOME STATE BANK 285,000.00 WATER/SEWER FUND UNITED STATES LIFE INSUR 145.80 CERTIFIED SERVICES INC 18.00 CAPITAL DEVELOPMENT FUND MCHENRY SAVINGS BANK 500,000.00 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS 6 SERVIC 21,360.18 DEVELOPMENTAL ESCROW PEASE CONSTRUCTION CO, J 12,500.00 RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 423.00 SUPER 8 MOTEL 680.00 GRAND TOTALS 1,253,632.72 FUND TOTALS GENERAL FUND 80,196.84 DEVELOPER DONATION FUND 353,308.90 RECREATION CENTER FUND 285,000.00 WATER/SEWER FUND 163.80 CAPITAL DEVELOPMENT FUND 500,000.00 EMPLOYEE INSURANCE FUND 21,360.18 DEVELOPMENTAL ESCROW 12,500.00 RETAINED PERSONNEL ESCROW 1,103.00 TOTALS 1,253,632.72 September 16, 2002 Page 3 ■ List of Bills: GENERAL FUND 2002 CODES FORUM 350.00 A-ABLE ALARM SERVICE INC 77.50 ACE HARDWARE, BJORKMAN'S 985.96 ADAMS ENTERPRISES INC, R 4,015.78 ADAMS OUTDOOR POWER EQUI 136.50 ADAMS STEEL SERVICE INC 548.50 AFLAC 1,210.74 AGENCY STAFFING, THE 1,848.00 AHLBORN EQUIPMENT INC 448.04 ALEXANDER LUMBER CO 423.17 ALTHOFF, PAMELA J 16.67 AMERICAN BUSINESS FORMS 2,382.48 AMERICAN PLANNING ASSOC 160.00 AMERICAN TELECOMMUNICATI 283.44 AMERICAST 276.00 AMERITECH 4,388.41 AUTO TECH CENTERS INC 59.95 B AND H INDUSTRIES 65.96 BAKER & SON CO, PETER 2,592.87 BARGER, CINDY 30.00 BAZILEWICH, GREG 135.00 BEAMAN, BILL 25.00 BENBENEK, RAY 132.50 BERTOLAMI, PAMELA 35.00 BESLER, CINDY 85.00 BEST WAY TOWING 59.00 BOELTER, HAROLD 25.00 BONCOSKY OIL COMPANY 10,156.16 BOONE CREEK GOLF CLUB IN 1,740.00 BOTTS WELDING & TRUCK SE 296.40 BRAKE PARKS INC 600.00 BREMER, CURT 236.50 BUCARO, RYAN 25.00 BUENZLI, JIM 1,950.00 BUILDING OFFICIALS AND 92.00 BURRIS EQUIPMENT CO 287.81 BUSS FORD SALES 1,465.28 CARE BEAUTY DEVELOPMENT 5,986.00 CASTLE PRINTECH 3,200.50 CDW GOVERNMENT INC 3,553.52 CHICAGO FLOWER & GARDEN 200.00 CHILI'S 30.00 CINGULAR WIRELESS 26.83 CINTAS CORPORATION #355 201.00 CITY SUBURBAN APPRAISALS 500.00 CLARKE ENVIRONMENTAL MOS 5,625.00 CLAYTON, RHONDA 2.25 CLEMENTS, CHAD 25.00 COLOR OPTIC LITERATURE 11.98 COMED 15,643.82 COMMUNICATIONS REVOLVING 464.95 COMPUTERLAND 2,295.00 CORPORATE EXPRESS INC 465.28 COUGHLIN, DIANE 65.00 CRESCENT ELECTRIC SUPPLY 7.63 CRYSTAL LAKE RADIATOR & 750.00 CRYSTAL MANOR STABLE 1,079.00 CURRAN CONTRACTING CO 18.92 CUSTOM VEHICLE SYSTEMS I 1,139.94 D & J AUTOMOTIVE SUPPLY 486.52 D'ANGELO, TIM 25.00 DELGADITTO, GEORGE 25.00 DELGIUDICE, DOROTHY 42.00 DENBROEDER, JOHN 25.00 DILLON, JOHN 60.00 DOCKSIDE 25.00 -�� DOWE & WAGNER INC 5,190.00 DUNNE, JOHN 18.63 DURA WAX COMPANY INC, TH 77.40 ED'S RENTAL & SALES INC 221.50 EGAN, JACK 25.00 EXECUTIVE ADVANTAGE 97.00 September 16, 2002 Page 4 FAMILY TAILOR SHOP 60.00 FAST EDDIES CAR WASH 291.45 FBI NAA 40.00 FISCHER BROS FRESH 2,118.64 FLESCH COMPANY INC, GORD 283.58 FOERSTER, JEFFERY S 14.14 FOX VALLEY CHEMICAL CO 406.40 FOXCROFT MEADOWS INC 229.32 FREUND, MIKE 25.00 FREUND, ROBERT L 625.00 FRITZ, WAYNE 25.00 G COMMUNICATIONS 432.95 G IMPRESSIONS 661.47 GRALA, JASON 25.00 GREAT LAKES FIRE 6 SAFET 5.00 GREVEN, BECKY 55.00 GROVE, DAVID 25.00 H P SHOOTING CENTER INC 160.00 HALOGEN SUPPLY COMPANY 550.34 HARRISON JR, JOHN J 88.63 HARTS AUTO SUPPLY 110.21 HEARTLAND SERVICES INC 260.87 HETLET, CHAD 25.00 HORIZONTALS 25.00 - HORNING, RUSSELL 60.00 - HOWELL, MATT 25.00 HOYT, ANN W 1,052.00 IACP 225.00 ICI DULUX PAINT CENTERS 410.00 ILLINOIS FIRE 6 POLICE 91.68 ILLINOIS LAWN EQUIPMENT 26.36 IMPRESSIVE IMAGES 17.80 IN TIME SOLUTIONS INC 944.00 INDUSTRIAL/ORGANIZATIONA 325.00 INTEGRA BUSINESS SYSTEMS 261.73 INTERSTATE BATTERY SYSTE 44.28 IPRA 155.00 JABLONSKI, JACK 25.00 JASINOWSKI, SAMANTHA 30.00 JEWEL FOOD STORES 57.58 JOHNSON 6 SON, G A 30.00 K-MART 30.00 KALE UNIFORMS INC 1,619.95 KAR PRODUCTS 1,210.03 KEARNS, DOYLE 97.50 KENDOO TECHNOLOGY INC 386.45 KING, TOM 200.00 KIRCHNER £IRE 343.80 KLOTZ, RAY 520.00 KREASSIG, DANIEL 44.26 KROHN LAWN 6 LANDSCAPE 10,369.01 KUECHEL, BILL 25.00 KUHL, JOHN 25.00 LAMBERT, DAVE 25.00 LAMBERT, MAT 25.00 LANG PONTIAC-CADILLAC-SU 787.94 LAROSE, MARK 25.00 LEACH ENTERPRISES INC 43.46 LEE-PARK ENTERPRISES LLC 1,308.39 LEONARDI'S FOOD SPECIALT 1,057.25 LETN PRIMEDIA WORKPLACE 576.00 LEWIS INTERNATIONAL INC 69.42 LOCKER'S FLOWERS 81.00 LUBBEN, GERALD E 236.50 LUBBEN, JERRY 25.00 LUND INDUSTRIES 26.95 MANIAR, BIJAL 15.87 MARTENSON, LYNN G 119.03 MASTER PROJECT INC 22,200.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 1,077.43 MCHENRY AUTO PARTS 1,523.76 MCHENRY COUNTY CHIEFS OF 24.00 MCHENRY COUNTY COLLEGE 155.00 MCHENRY COUNTY GLASS & 33.75 MCHENRY COUNTY MUNICIPAL 34.00 September 16, 2002 Page 5 MCHENRY COUNTY SUPPLY IN 986.39 MCHENRY FAVORITE SPORT C 136.25 MCHENRY FIRESTONE 159.00 MCHENRY POLICE PENSION F 7,786.45 MEIER, BETH 36.00 MENARDS - CRYSTAL LAKE 31.78 MERKEL, PETE 202.88 MEYER MATERIAL COMPANY 292.48 MEYER, DONALD 85.16 MEYER, SHARON 49.00 MICHELAU, JOHN 335.00 MIDWEST METER INC 425.32 MINUTEMAN PRESS OF MCH 3,537.94 MOLNAR, JAMES 146.10 MONROE TRUCK EQUIPMENT 1,150.00 MOORE, KEVIN 88.00 MOTOROLA 381.86 MYNAR, PAMELA 30.00 NATIONAL BUSINESS FURNIT 191.50 NET SPECIALISTS 1,500.00 NEXTEL COMMUNICATIONS 1,789.89 NICOR GAS 925.26 NORTH EAST MULTI-REGIONA 950.00 NORTHEASTERN ILLINOIS PL 15,840.00 NORTHWEST AUTO ELECTRIC 120.00 - NORTHWEST FORD & STERLIN 175.21 NORTHWEST, HERALD 395.00 NWBOCA 24.00 OFFICE DEPOT INC 345.06 ORIENTAL TRADING CO INC 350.47 PACE 6,799.46 PATTEN INDUSTRIES INC 64.74 PEDERSEN GMC 24.93 PEPSI-COLA GENERAL BOTTL 2,072.55 PETALS & STEMS 85.00 PETERSEN SAND & GRAVEL 1,085.81 PETTIBONE & CO, P F 71.95 PHIPPS, CANDICE 170.00 PINTER, WILLIAM S 172.00 PITNEY BOWES INC 309.25 PLASTINA, KEVIN 25.00 POSEY, SAM 25.00 POWELL, MEGAN 25.00 PRECISION SHARPENING & R 56.00 QUICK, KATHLEEN 78.79 QUILL CORPORATION 487.38 R & S DISTRIBUTORS INC 381.50 RADIO SHACK 24.57 REAGAN, ELAINE 63.00 RELIABLE MAINTENANCE 190.00 RELIABLE SAND & GRAVEL 41.00 RESERVE ACCOUNT 1,200.00 REWIAKO, RICHARD 20.22 RIDGEVIEW ELECTRIC INC 1,072.96 RIVERSIDE BAKE SHOP 12.76 ROC CONSTRUCTION SUPPLY 21.25 ROWE, AL 25.00 ROWE, HERBERT W 2,265.00 SCHATZ, DON 195.00 SCHMIDT, THOMAS 79.86 SCHMIKE, PHIL 25.00 SCHWALENBERG, RYAN 278.00 SE-ME 74.70 SEARS HARDWARE 30.00 SELLEK, DAN 25.00 SHERMAN MECHANICAL INC 633.46 SMITH ENGINEERING 25.00 SMITH ENGINEERING CONSUL 3,405.00 SSMG 98.10 STADE, DONALD 25.00 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 481.48 STANS OFFICE TECHNOLOGIE 909.34 STATE TREASURER IDOT 304.00 SUMMERS PORTABLE TOILETS 613.00 TAYLOR STREET PIZZA 40.00 September 16, 2002 Page 6 TERMINAL SUPPLY CO 113.31 THEODORE POLYGRAPH SERV 200.00 THOMAS TRUCKING INC, KEN 230.00 TONYAN, JANICE 42.00 TRAFFIC CONTROL & 506.22 TROCKI, TODD A 157.50 TURF PROFESSIONALS EQUIP 465.98 UNITED LABORATORIES 282.13 UNITED PARCEL SERVICE 116.82 UNIVERSITY OF ILLINOIS 145.00 WAL-MART 30.00 WARREN, TOM 337.50 WEARGUARD 551.49 WESTERN WATERPROOFING 11,693.00 WIGMAN, GARY R 16.95 WILLIAMS ELECTRIC SERVIC 553.00 WITT, CINDY 43.63 WOODSTOCK LAND SURVEYORS 240.00 YOUNG REMBRANDTS INC 888.00 YOUNG, TIMOTHY B 385.49 ZEP MANUFACTURING COMPAN 77.10 ZMT INC 268.20 ZUKOWSKI ROGERS FLOOD & 6,707.83 BAND FUND CRYSTAL CLEAR PRODUCTION 1,135.00 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 1,346.00 MCHENRY COMMUNITY SCHOOL 1,908.00 MCHENRY PUBLIC LIBRARY 112.00 DEVELOPER DONATION FUND CONSERVATION SERVICES 2,255.76 SMITH ENGINEERING CONSUL 5,370.00 STREET IMPROVEMENTS FUND PAYNE & DOLAN INC 366,815.16 SMITH ENGINEERING CONSUL 71,510.92 CAPITAL IMPROVEMENTS FUND ALDRIDGE ELECTRIC INC 34,952.35 AMERITECH/SBC 18,308.18 BAXTER & WOODMAN 9,827.30 SMITH ENGINEERING CONSUL 30,651.89 WATER/SEWER FUND ACE HARDWARE, SJORKMAN'S 384.47 ADAMS ENTERPRISES INC, R 11.55 ALEXANDER CHEMICAL CORP 765.00 ALEXANDER LUMBER CO 16.40 AMERICAN TELECOMMUNICATI 9.41 AMERITECH 1,005.55 AQUAPREP 4,335.00 BAXTER & WOODMAN 107.00 BERKHEIMER CO INC, G W 76.73 BONCOSKY OIL COMPANY 1,051.55 BOTTS WELDING & TRUCK SE 30.50 CARMEUSE LIME INC 3,520.00 CINGULAR WIRELESS 12.42 CINTAS CORPORATION #355 295.00 COMED 31,172.73 CRYSTAL LAKE RADIATOR & 135.00 D & J AUTOMOTIVE SUPPLY 14.03 D'ANGELO NATURAL SPRING 42.00 D'S MARINE SERVICE INC 230.00 ED'S RENTAL & SALES INC 140.00 FOXCROFT MEADOWS INC 180.68 FREUND INTERNATIONAL 117.30 G IMPRESSIONS 231.98 GARRELTS & SONS INC 134.50 GRAINGER INC, W W 284.56 HYDROTEX 228.38 INTERSTATE BATTERY SYSTE 45.00 J W C ENVIRONMENTAL 4,839.82 KROHN LAWN & LANDSCAPE 1,084.25 September 16, 2002 Page 7 KTD INC 85.03 KURZ JR, ALFRED P 178.00 LEACH ENTERPRISES INC 512.50 LEAKE, ROB 10.02 LOWE EXCAVATING 90.00 MCHENRY ANALYTICAL WATER 1,682.00 MCHENRY AUTO PARTS 125.65 MCHENRY COUNTY SUPPLY IN 57.00 MCHENRY FIRESTONE 30.90 MEYER MATERIAL COMPANY 963.31 MID AMERICAN WATER OF WA 803.55 MIDWEST METER INC 31,602.38 NCL OF WISCONSIN INC 346.24 NEXTEL COMMUNICATIONS 243.40 NICOR GAS 743.96 OFFICE DEPOT INC 84.71 OLSEN SAFETY EQUIPMENT C 91.14 PETERSEN SAND 6 GRAVEL 165.54 PITNEY BOWES INC 62.18 RESERVE ACCOUNT 300.00 SEVERN TRENT PIPELINE SE 3,256.25 UNITED PARCEL SERVICE 8.76 USA BLUEBOOK 319.95 VIKING CHEMICAL COMPANY 3,062.08 WATER PRODUCTS - AURORA 758.10 WATER SOLUTIONS UNLIMITE 2,860.00 WOODLAND RDF 8,730.55 UTILITY IMPROVEMENTS FUND BAXTER 5 WOODMAN 11,605.17 SMITH ENGINEERING CONSUL 5,982.84 RISK MANAGEMENT FUND USF - LAKE BLUFF IL 1,140.70 RETAINED PERSONNEL ESCROW BAXTER 6 WOODMAN 20,722.28 MCHENRY ANALYTICAL WATER 52.00 NORTHWEST COURT REPORTIN 1,378.00 PATRICK ENGINEERING INC 954.00 ZUKOWSKI ROGERS FLOOD 6 12,181.50 GRAND TOTALS 939,509.74 FUND TOTALS GENERAL FUND 233,626.68 BAND FUND 1,135.00 ANNEXATION FUND 3,366.00 DEVELOPER DONATION FUND 7,625.76 STREET IMPROVEMENTS FUND 438,326.08 CAPITAL IMPROVEMENTS FUND 93,739.72 WATER/SEWER FUND 107,674.01 UTILITY IMPROVEMENTS FUND 17,588.01 RISK MANAGEMENT FUND 1,140.70 RETAINED PERSONNEL ESCROW 35,287.78 GRAND TOTALS 939,509.74 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Alderman Glab requested the Public Works Committee review the access to the Whispering Oaks Subdivision walking paths and access easements, and consider initiation Z. of a three-year plan for maintenance and repair. September 16, 2002 Page 8 RECOMMENDATION TO APPROVE ORDINANCES TO ANNEX,_ZONE, AND GRANT VARIANCES TO PROPERTIES LOCATED AT 3100 AND 3102 LINCOLN ROAD Mayor Althoff reminded Council the annexation, zoning and variances to the Nettleton Property located at 3100 and 3102 Lincoln Road had been discussed at length at the September 4, 2002 regularly scheduled Council Meeting. At that time, Council directed Staff to prepare the ordinances approving the annexation, zoning and variances of this property. Alderman Glab stated specific language as to the verbiage permitted on the billboards should be included in the ordinance. He also noted the ordinance should specify that the structures currently located on these two properties must be brought into compliance with BOCA requirements. Motion by Low, seconded by Bolger, to approve the following ordinances: • Approving the annexation of 3100 Lincoln Road; • Approving the zoning and granting variances to 3100 Lincoln Road, subject to the inclusion of language specifying the verbiage contained on the billboards named in Section 3(2) and Section 3(3); and subject to language stating the subject property shall be brought into compliance with BOCA requirements; — • Approving the annexation of 3102 Lincoln Road; • Approving the zoning and granting variances to 3102 Lincoln Road, subject to the inclusion of language specifying the verbiage contained on the billboards named in Section 3(2) and Section 3(3); and subject to language stating the subject property shall be brought into compliance with BOCA requirements. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Althoff. Voting Nay: None. Absent: None. Motion carried. It was noted Mayor Althoff voted on the motion as ordinances providing for annexation were included in the motion. REQUEST FOR A SIGN VARIANCE IN LIBERTY SQUARE MALL — BLIMPIE SANDWICH SHOP Director Napolitano reminded Council at its August 5, 2002 regularly scheduled meeting the Applicant, Blimpie Sandwich Shop in Liberty Square Mall, presented a sign variance request for three wall signs. Since that time, Applicant has met with Staff and is submitting a revised request. Blimpie's is now requesting a variance to permit two wall signs. The second sign to be located on the east facade would have a total area of 33.5 square feet. It is Staffs recommendation to approve the request. Alderman Glab stated Council has previously noted its preference for a subdivision monument sign to provide for identification and advertisement of all tenants of Liberty Square. September 16, 2002 Page 9 Motion by Low, seconded by Bolger, to approve the sign variance request by Blimpie Sandwich Shop in Liberty Square Mall, to permit a 33.5 square foot sign on the east fagade. Voting Aye: Bolger, Low, Murgatroyd. Voting Nay: Glab, Wimmer. Absent: None. Motion carried . RECOMMENDATION TO HIRE BAXTER AND WOODMAN TO PREPARE PROPOSAL FOR THE EXPANSION OF THE SOUTH WASTEWATER TREATMENT PLANT Mayor Althoff stated Staff conducted extensive interviews with City engineers, Baxter and Woodman, and Smith Engineering, regarding a proposal for the expansion of the South Wastewater Treatment Plant. It is Staffs recommendation that the design proposal be awarded to Baxter and Woodman. _ In response to Alderman Murgatroyd's inquiry, Mayor Althoff stated the dollar amount of the proposal and projected timeline for the project have yet to be determined. Director Marcinko noted $250,000 was included in this year's budget for the design of the expansion. It is anticipated a final dollar amount and timeline will be known by May 1, 2003 so that monies can be budgeted in the 2003-2004 fiscal year for the actual expansion of the facility. In response to further inquiry, Mayor Althoff noted an Engineering Services Agreement with Baxter and Woodman will be brought before Council for review and approval. Motion by Glab, seconded by Bolger, to accept Staffs recommendation to hire Baxter and Woodman for design proposal of the expansion to the South Wastewater Treatment Plant. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Mayor Althoff recognized Mr. Robert Wegener, President of Smith Engineering, in the audience. Mr. Wegener commended the City for the equitable, educational process in determining the award of the project. He noted the matter was professionally handled. He opined the utilization of the knowledge and expertise of both firms is beneficial to the City. AWARD OF BID TO GARY LANG CHEVROLET FOR THE PURCHASE OF A ONE-TON CARGO VAN FOR THE PUBLIC WORKS WATER DIVISION Director of Public Works Marcinko reported bid specifications for a one-ton cargo van for the Public Works Water Division were prepared and bids were sought and opened on August 27, 2002. The low bidder was Gary Lang Chevrolet of McHenry in the amount of September 16, 2002 Page 10 $19,790. It is Staffs recommendation to award the bid to Gary Lang Chevrolet. Motion by Glab, seconded by Murgatroyd, to award the bid for a one-ton cargo van for the Public Works Water Division to Gary Lang Chevrolet of McHenry, Illinois, in an amount not-to-exceed $19,790. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID TO BUSS FORD FOR THE PURCHASE OF TWO 4-WHEEL DRIVE TRUCKS FOR THE PUBLIC WORKS STREET DIVISION Director of Public Works Marcinko stated bid specifications for two four-wheel drive trucks for the Public Works Street Division were prepared and bids_were sought and opened on August 27, 2002. The low bidder meeting all specifications was Buss Ford of McHenry in an amount of $68,590. It is Staffs recommendation to award the bid to Buss Ford. Motion by Glab, seconded by Murgatroyd, to accept Staffs recommendation, and to ,— award the bid for two four-wheel drive trucks for the Public Works Street Division to Buss Ford of McHenry, Illinois, in an amount not-to-exceed $68,590. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA FOR SHAMROCK FARM DEVELOPMENT Director Napolitano stated the creation of a Special Service Area was required as per the terms of the Annexation Agreement for the Shamrock Farm Development. The ordinance being presented this evening allows for the initiation of this process. A public hearing, including prior notification of all affected parties, will follow. Motion by Bolger, seconded by Glab, to pass and approve an ordinance proposing the establishment of a Special Service Area for the Shamrock Farm Development. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Low, to authorize the recording of Shamrock Farm Neighborhood 3 Final Plat and Shamrock Farm Neighborhood 9 Final Plat, prior to the establishment of the Special Service Area. September 16, 2002 Page 11 — Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST BY NUNDA TOWNSHIP FOR CITY'S PARTICIPATION IN COST SHARE FOR AN APPRAISAL OF THE PROPERTIES NAMED IN THE TAX OBJECTIONS FILED BY GARY LANG AND FOLLETT REAL ESTATE Mayor Althoff iterated the City of McHenry has been asked to join with Nunda Township in underwriting the cost of appraisals of the Gary Lang Property and the Follett Property in response to property tax appeals by both Gary Lang and Follet.. Mayor Althoff noted McHenry Elementary School District 15 and McHenry High School District 156 have already agreed to cost share with Nunda Township. If the City of McHenry elects to participate, the City's share would be 20%. _ A lengthy discussion ensued regarding the advisability of the City usurping the right of a private businessperson to appeal his real estate taxes. Alderman Glab opined he is uncomfortable making a decision regarding this matter without additional information being provided as to the history of previous appeals by both these business entities. Alderman Bolger stated the function of the Board of Review is to address property tax appeals. Interfering with tax appeals is not a function of the City. Alderman Bolger opined the City Council should support local businessmen. Discussion continued regarding the advisability of joining in on the cost of the appraisal. Motion by Glab, seconded by Bolger, to table the request by Nunda Township to participate in a cost share for an appraisal of the Gary Lang and Follett properties until Council is provided with information regarding the past tax, and tax appeal histories of both Gary Lang and Follett. Voting Aye: Bolger, Glab, Low, Wimmer. Voting Nay: Murgatroyd. Absent: None. Motion carried. RECOMMENDATION TO PURCHASE SIX HOLIDAY LIGHTING DISPLAYS FROM TEMPLE DISPLAYS ` Director of Parks and Recreation Merkel stated it was the direction of the Parks and Recreation Committee at its August 22, 2002 meeting to purchase new holiday lighting displays for the 2002 Holiday Season. Director Merkel noted $20,000 is included in the 2002-2003 budget for the purchase of the displays and new lighting. Director Merkel said these displays would ultimately replace those previously donated by the McHenry �. Raccoons to the Whispering Oaks Park. He noted although only six pieces are being purchased this year, the goal is complete replacement of all Whispering Oaks Park displays within the next three years. September 16, 2002 Page 12 In response to Alderman Bolger's inquiry, Director Merkel stated holiday lighting and signage would be erected at the Green Street Park Motion by Low, seconded by Glab, to approve the purchase of six holiday lighting displays from Temple Displays of Oswego, Illinois, in an amount not-to-exceed $8,784.50. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. MEYER MATERIAL ANNEXATION CONTINUED DISCUSSION In attendance were Attorney Thomas Zanck of Militello, Zanck and Coen, and Allen Miller of Meyer Material. Mayor Althoff asked Director Community Development Napolitano to review the highlights and outstanding issues from the previous discussions regarding the Meyer Material Annexation. Director Napolitano summarized the previous discussions noting there are currently three outstanding issues as a result of the review of the first six pages of the annexation agreement: • Amount to be assessed for annexation fees; • Reclamation bonds; • Air Quality Testing. Attorney Zanck noted there was some disagreement as to the terms of the possible extension of the conditional use following the initial five-year tern. Clarification will need to be made as to the requirement to come back at 2 '/ year increments for Council approval. Director Napolitano resumed discussion of each paragraph of the proposed annexation agreement, commencing with page 7. Paragraph No. 12 has been stricken as it is a duplication of paragraph No. 6. Paragraph No. 19 relates to the improvements and modifications of Route 120. Alderman Wimmer inquired if when the mining of the property north of Route 120 is complete would the tunnel be filled in. Mr. Miller responded in the affirmative and agreed to language being included in the agreement specifying the tunnel must be filled in within twelve months of the completion of the mining of this parcel. In response to Director Napolitano's inquiry, there were no comments or revisions to paragraphs 20 or 21. Alderman Glab suggested paragraph 22 be amended to reflect the donation of the parcel to the City occur within 12 months, rather than thirty-six months. Additionally, the legal description of the property to be donated must be provided within the text of the agreement. There were no comments or changes to paragraphs 23 and 24. Director Napolitano noted paragraph 25 relates to future residential development following reclamation of the September 16, 2002 Page 13 mining operation. A lengthy discussion followed regarding including phraseology requiring connection to City water and/or sewer should it become available for the residential properties as they are developed. It was the consensus Attorney McArdle and Attorney Zanck work out language in support of the utilization of a Special Service Area to supply utilities to the property. Mr. Miller indicated he would concur provided the assessment to each lot is a pro rata share and not based upon the entire acreage of the parcel. Regarding paragraph 26, there was considerable discussion as to the limitation of any expansion of the mining operation to the west, north or east of the subject property. Mr. Miller stated he has no intention of expanding the operation in any direction from the parcel located north of Route 120. He noted, however, he cannot control future mining, which is not located on his property. It was noted paragraph 27 would be the appropriate place to include the initial 5- year term of the mining operation with the possibility of two extensions of 2 '/ years each. Further discussion regarding the procedure for extension is needed, i.e., shall the Applicant be required to come before Council for renewal. Director Napolitano stated the remainder of the agreement is standard language contained in all annexation agreements. Mayor Althoff summarized the outstanding issues including: • Length of the conditional use permit and procedure for extension; • Reclamation bonds • Annexation Fees • Air Quality Test • Monitoring Well remedies. Mayor Althoff provided an overview of the contents of the letter received from McCore on Friday, September 13, 2002. Alderman Glab noted most issues alluded to in the McCore letter have been resolved. It was the consensus of Council more time is needed to review the contents of the McCore letter in depth. In response to Alderman Wimmer's inquiry, Director Public Works Marcinko stated he will review the Illinois Department of Transportation (IDOT) plans for the Route 120 improvements to discern if a deceleration lane for eastbound traffic is included at the proposed pit expansion access drive. This information will be provided to Council in this week's Friday Report. Discussion ensued regarding the annexation fee to be assessed. Mr. Miller stated he would prefer that the proposed fee be changed to be uniform with the fees contained in the 1998 annexation agreement so that all language and fees are uniform amongst the Meyer Material Annexation Agreements with the City of McHenry. He noted the current fee --� in that agreement is $.0375/ton which will change to $.04/ton in April 2003. In addition $1,000/acre for each residentially platted lot will be paid. In response to Alderman Murgatroyd's question, Mr. Miller stated there are September 16, 2002 Page 14 1 approximately 22 million tons left to be mined on the entire Meyer operation, including the proposed annexation of 157 acres. It was the consensus of Council to direct Staff to calculate the amount of monies, which could be paid to the City utilizing the various fees/ton in an effort to assist the Council in determining the desirable annexation fee for this parcel. This information is to calculated and presented to Council for their review prior to the next Council Meeting on September 30, 2002. Director Napolitano noted the reclamation bond being requested is $2,500/acre, which is exactly the same amount as required by the State of Illinois. He noted the parcel would be doubly bonded: $2,500 to the State; $2,500 to the City of McHenry. Several questions were raised regarding the regulatory agencies, reports, violations, complaints, and air quality testing. Attorney Zanck introduced Randi Wille of Meyer Material who delineated the regulatory agency review hierarchy for the gravel mining operation. He noted the following agencies oversee all gravel mining operations for compliance to state and federal regulations: • Illinois Environmental Protection Agency—air quality • Illinois Environmental Protection Agency—water quality • Illinois Department of Natural Resources—mines and minerals • U.S. Department of Labor—mine safety and health administration. Following Mr. Wille's presentation, Mayor Althoff suggested Staff include specific language in the agreement requiring notification to the City within 24 hours by Meyer Material of any/all complaints, infractions or violations and the remedy required by the overseeing agency. Some discussion occurred regarding the pending air quality test and the need or lack thereof for an annual arbitrary air quality test. Mr. Miller noted the pending test cannot be taken until McCore-specified conditions are met, i.e. wind direction and velocity. He stated the need for an annual test is meaningless, particularly in light of strict oversight by the government agencies. He noted if an infraction or complaint occurs, testing and remedies will be immediately assigned by the appropriate agency. Aldermen Wimmer and Low concurred that language within the agreement directing an arbitrary annual air quality test is not appropriate. Attorney Zanck summarized the annexation agreement changes and outstanding issues as follows: • Applicant requests that language in the agreement mirror the annexation fee language contained in paragraph 7a of the 1998 agreement in order to achieve uniformity; • Applicant suggests that all governmental and agency reporting and remedies be contained within one paragraph of the agreement; September 16, 2002 Page 15 • Specific language as to notification to the City within 24 hours by the Applicant upon any complaints, violations or other notification by any governmental agency shall be incorporated into the agreement; • The Applicant is willing to work with Staff to come to terms regarding the amount of annexation fees to be charged and to assure that the fees for all parcels are uniform. Mayor Althoff noted City Attorney McArdle and Attorney Zanck would create language to be inserted in the agreement, which addresses all outstanding issues as specified. The revised agreement will be brought back to Council for consideration and approval at its next meeting on September 30, 2002. MAYOR - STATEMENT AND REPORT Mayor Althoff reported the entire City had been sprayed for mosquitoes on Friday, September 13, 2002. Mayor Althoff also reported Director Public Works Marcinko would make a presentation before the Village of Johnsburg regarding the McCullom Lake Road Improvements on Tuesday, September 17, 2002. Mayor Althoff noted the City received word today of approval of two Community Development Block Grants as follows: $70,000 for the Petersen Park Washrooms • $11,000 for the Petersen Park expansion planning. In response to Mayor Althoffs request, City Attorney McArdle provided Council with an update regarding the status of the Wonder Lake annexation currently under examination by the State's Attorney's Office. Attorney McArdle noted the State's Attorney's Office, after review of the annexation documentation and legals, has given the Wonder Lake Master Property Owners Association (MPOA) until October 1st to repeal the annexation ordinance or the State's Attorney's Office will file suit. Attorney McArdle stated if the ordinance is repealed the MPOA would have to commence the annexation process from the beginning. The properties, which relied on this annexation for contiguity, would be impacted unless other means of contiguity could be ascertained. Mayor Althoff noted Council would be kept apprised of the status of this matter. COMMITTEE REPORTS Public Works Committee Chairman Alderman Bolger announced a Public Works Committee Meeting has been scheduled for Monday, October 7, 2002 at 6:30 p.m. in the Aldermen Conference Room. DEPARTMENT HEAD REPORTS Director Parks and Recreation Merkel reminded Council a Parks and Recreation Committee Meeting has been scheduled for Thursday, October 10, 2002 at 7 p.m. in the Aldermen Conference Room. Acting City Administrator Lockerby reported a Finance and Personnel Committee September 16, 2002 Page 16 Meeting has been scheduled for Monday, October 14, 2002 at 6:30 p.m. in the Aldermen Conference Room. NEW BUSINESS Alderman Glab requested Staff investigate several driveway aprons on Pyndale that appear to have sunk below the grade of the roadway. Director Public Works Marcinko will investigate and advise the homeowners that ponding and icing may occur if the matter is not remedied. Alderman Glab inquired as to the status of the Commonwealth Edison pole in Knox Drive. Director Marcinko responded the pole has been removed. The Public Works Street Division will repair the asphalt next week. EXECUTIVE SESSION Motion by Glab, seconded by Murgatroyd, to go into Executive Session at 9:20 p.m. to discuss Personnel: Hiring and Collective Bargaining. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. _ Motion carried. , Council went into Executive Session at 9:32 p.m. Motion by Glab, seconded by Wimmer, to return to Open Session at 9:55 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:55 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting a 9:56 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:56 p.m. MAYOR DEPUTY CLERK