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Home My WebLink AboutMinutes - 12/15/2003 - City Council REGULAR MEETING DECEMBER 15, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 15, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Kline. Absent: None. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Bolger requested Item H, List of Bills, be pulled from the Consent Agenda in order to discuss two items submitted for reimbursement. City Administrator Maxeiner noted a correction is required on the resolution increasing the water and sewer rates. The correct date the rates become effective should be reflected as February 1, 2004 instead of February 1, 2003. Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as amended: Resolution increasing water/sewer rates; Request to connect to Police Alarm Panel: o Bank of America, 2400 N. Richmond Road • Road improvement settlement agreement between Jack Pease, Backhaus/Brackman and the City of McHenry; • Final payment request from D. L. Franzen Construction, Inc. for Crystal Lake Road/Winding Creek Drive intersection improvements, in an amount not-to-exceed $3,032.64; • Request for reduction in Subdivision Bonds for Shamrock Farms Neighborhood No. 3 for $1,356,193.75, contingent upon receipt of a Warranty Bond for$305,178.50. • Request for reduction in Subdivision Bonds for Shamrock Farms Neighborhood No. 9 for$1,338,312.50, contingent upon receipt of a Warranty Bond for $323,069.13; • As needed checks: GENERAL FUND AFLAC 1,548.58 ARCH 229.16 CASEY EQUIPMENT COMPANY 26,425.00 DIRECTOR 191.83 FOP UNITS I/II 1,716.00 ILGISA 125.00 ILLINOIS ASSOCIATION OF 445.00 ILLINOIS DEPARTMENT OF 668.00 ILLINOIS STATE POLICE 114.00 IMRF 39,683.70 LANG CHEVROLET INC, GARY 27,765.00 MCHENRY COUNTY RECORDER 205.00 � MCHENRY COUNTY SOIL 6 WA 100.00 MCHENRY DOWNTOWN BUSINES 1,400.00 NATIONAL GUARDIAN LIFE 13.75CR NATIONAL GUARDIAN LIFE I 137.58 NCPERS GROUP LIFE INS. 243.00 December 15, 2003 Page 2 POSTMASTER MCHENRY IL 1,646.81 �- PUBLIC WORKS/PARKS ASSOC 657.00 SBC 3,656.87 SCHWAAB INC 58.30 SECRETARY OF STATE 150.00 UNITED PARCEL SERVICE 83.46 UNITED STATES LIFE INSUR 1,015.20 WALGREENS 517.26 WIGMAN, GARY R 355.00 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 10,845.00 MCHENRY COMMUNITY SCHOOL 15,375.00 MCHENRY PUBLIC LIBRARY 909.00 DEBT SERVICE-2000SSA FUND HOME STATE BANK 45,450.00 DEBT SERVICE-2000A FUND (MFT) BANK ONE 300.00 DEBT SERVICE-20003 FUND (REFUND) BANK ONE 300.00 CAPITAL IMPROVEMENTS FUND LANDSCAPE RESOURCES INC 85,031.55 WATER/SEWER FUND MAINTAINER CORPORATION 0 33,788.00 RIDINGS FORD OF TAYLORVI 23,389.00 SBC 824.20 UNITED PARCEL SERVICE 22.97 UNITED STATES LIFE INSUR 145.80 RISK MANAGEMENT FUND SAM'S CLUB 64.07 - INFORMATION TECHNOLOGY FUND ARCH 22.91 DEVELOPMENTAL ESCROW LANDMARK CONTRACTORS INC 75,731.85 RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 142.00 TOTALS 401,464.35 FUND TOTALS GENERAL FUND 109,123.00 ANNEXATION FUND 27,129.00 DEBT SERVICE-2000SSA FUND 45,450.00 DEBT SERVICE-2000A FUND (MFT) 300.00 DEBT SERVICE-2000B FUND (REFUND) 300.00 CAPITAL IMPROVEMENTS FUND 85,031.55 WATER/SEWER FUND 58,169.97 RISK MANAGEMENT FUND 64.07 INFORMATION TECHNOLOGY FUND 22.91 DEVELOPMENTAL ESCROW 75,731.85 RETAINED PERSONNEL ESCROW 142.00 GRAND TOTAL 401,464.35 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. LIST OF BILLS Alderman Bolger opined he believed the invoice for the Mayor's cell phone was excessive and suggested a more reasonable rate could be found. City Administrator December 15, 2003 Page 3 Maxeiner informed Alderman Bolger a new service with more reasonable rates has been initiated. The invoices submitted for reimbursement are for past bills prior to the effective date of the new service. Alderman Bolger stated he was concerned that a submission had been made requesting reimbursement for tickets to the Northern Illinois Medical Center Gala. He opined it is inappropriate to request reimbursement for attendance at a social event. Alderman Glab stated he observed nothing inappropriate in the request for reimbursement noting it is his understanding each Alderman has a $500 annual expense allocation to be used as they deem appropriate. Alderman Condon concurred with Alderman Glab. Motion by Murgatroyd, seconded by Condon, to approve the List of Bills as presented: GENERAL FUND A-ABLE ALARM SERVICE INC 6,398.00 ACCOUNTEMPS 3,321.60 ACE HARDWARE, BJORKMAN'S 1,851.65 ACME BRICK & SUPPLY CO 422.50 ACTION ADVERTISING 30.00 ADAMS ENTERPRISES INC, R 232.29 ADAMS OUTDOOR POWER EQUI 61.04 ADAMS STEEL SERVICE INC 80.00 ADAMS, JOHN 15.98 ALEXANDER LUMBER CO 68.24 AMERICAN PLANNING ASSOC 92.00 AMERICAN TELECOMMUNICATI 244.62 ARAMARK WORK APPAREL & U 1,108.75 ARMOR HOLDINGS FORENSICS 57.45 ARNET, ALICE 27.83 B & Z ELECTRICAL CONTRAC 3,950.00 B AND H INDUSTRIES 108.16 B&W CONTROL SYSTEMS INTE 4,132.49 BAXTER & WOODMAN 1,987.17 BERGGREN, LOREN W 75.00 BJORKMAN'S ACE HARDWARE 30.00 BOISE CASCADE OFFICE PRO 752.12 BONCOSKY OIL COMPANY 8,618.00 BONNELL INDUSTRIES INC 1,554.00 BOTTS WELDING & TRUCK SE 120.53 BRITE-VIEW WINDOWS 550.00 BUNCH DISTRIBUTING INC 19.90 BUSS FORD SALES 1,079.70 C&H DISTRIBUTORS INC 249.30 CDW GOVERNMENT INC 23.49 CENTEGRA OCCUPATIONAL HE 284.00 CINTAS CORPORATION #355 310.53 CLAUSS, PARVIN 30.00 CLIFFORD-WALD 99.82 CM PROPERTIES LLC 30.00 COMED 16,477.61 COMMUNICATIONS REVOLVING 3,425.05 CONSERVATION SERVICES 100.00 CORPORATE EXPRESS INC 59.63 CRAFT CONCRETE PRODUCTS 353.70 CRYSTAL LAKE RADIATOR & 125.00 CURRAN CONTRACTING CO 1,804.99 CUSTOM VEHICLE SYSTEMS I 234.50 D & J AUTOMOTIVE SUPPLY 800.36 DECKER SUPPLY CO INC 445.61 DIAMOND-TUFF CORP 150.00 DIXON, MARYA 14.31 DOOR SYSTEMS INC 498.00 DUNNE, JOHN 40.74 ED'S RENTAL & SALES INC 277.50 December 15, 2003 Page 4 EDER CASELLA & CO 750.00 EISERMAN, JERRY 182.41 ETTEN, CHRISTOPHER 106.49 EXTREME JEEP SUZUKI DAEW 8.60 FISCHER BROS FRESH 1,972.01 FLESCH COMPANY INC, GORD 174.34 FOERSTER, JEFFERY S 21.09 FOLGER ADAM SECURITY INC 153.46 FOTO FAST 14.40 FOXCROFT MEADOWS INC 1,668.85 FREUND INTERNATIONAL 455.40 FREUND, LORETTA 40.00 GALLS INCORPORATED 172.71 GITZKE, WILLIAM 585.25 GRAINGER INC, W W 92.84 GRAND SLAM USA 646.00 GREAT LAKES FIRE & SAFET 29.50 GROWER EQUIPMENT & SUPPL 491.79 HAINES & COMPANY INC 550.00 HANSEN'S ALIGNMENT, DON 65.00 HARDWARE SERVICE CO 458.85 HARRISON & ASSOCIATES IN 1,000.00 HENRICKSEN 1,979.00 HOLIAN, CAROL 27.35 HYDRAULIC SERVICES AND R 159.26 IACP 30.00 ILLINOIS GMIS 175.00 IMPRESSIVE IMAGES 140.00 IPRA 335.00 JK HEATING & AIR INC 179.50 JOHNSON, DAWN 40.62 JONES TRAVEL & TOUR 1,165.00 JULIE INC 152.10 KALE UNIFORMS INC 73.90 KAR PRODUCTS 532.26 KARPIERZ, ELVIRA 500.00 KENNEDY CONSTRUCTION CO, 5,650.00 KIMBALL HILL HOMES 30.00 KITCHEN CONCEPTS 400.00 KLINE, KELLY A 15.00 KRANZ, ANNE 492.64 KROHN LAWN & LANDSCAPE 5,405.77 LANG PONTIAC-CADILLAC-SU 133.27 LANPHIER, JUDY 112.04 LEACH ENTERPRISES INC 215.95 LETN PRIMEDIA WORKPLACE 388.00 LEWIS EQUIPMENT CO 28.22 LOCKER'S FLOWERS 80.00 LOCKERBY,, JOHN T 120.00 LOW, SUSAN 534.46 LRD SYSTEMS & FORMS 715.50 LTD COMMONDITIES 760.15 LUMBER, ROBERT 500.00 LUNKENHEIMER, PATTIE 31.61 MAYFAIR CARPETS & FURNIT 4,964.16 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 805.80 MCHENRY COMMUNITY SCHOOL 1,256.25 MCHENRY COUNTY COUNCIL 0 81.00 MCHENRY COUNTY SUPPLY IN 2,475.92 MCHENRY FIRESTONE 153.56 MCHENRY NAPA 1,338.13 MCHENRY PAINT GLASS & 80.70 MCHENRY SPECIALTIES 255.00 MCI COMM SERVICE 29.83 MERKEL, PETE 10.60 MEYER MATERIAL COMPANY 1,170.58 MEYER, DONALD 60.00 MID AMERICAN WATER OF WA 953.81 MIDWEST HOMICIDE 16.00 MILLER MONUMENT COMPANY 122.00 MINUTEMAN PRESS OF MCH 494.33 MOLNAR, JAMES 48.50 MONTRESSOR, ERIN 47.93 MTS SAFETY PRODUCTS INC 111.72 MYRON MANUFACTURING CORP 181.26 NATIONAL INFORMATIN DATA 48.90 December 15, 2003 Page 5 NATIONAL WATERWORKS 350.00 NAVAS, SERGIO 10.00 NEWMAN, CHRISTINE 63.88 NEXTEL COMMUNICATIONS 1,680.70 NICOLET SCENIC TOURS 2,205.00 NICOR GAS 1,466.72 NORTH EAST MULTI-REGIONA 410.00 NORTHERN ILLINOIS POLICE 9,274.17 NORTHWEST ELECTRICAL SUP 713.49 NORTHWEST HERALD 205.40 NWBOCA 30.00 O'MEARA, THOMAS 1,894.00 OFFICE DEPOT INC 1,270.39 OLSON AUTO BODY 45.00 OWSLEY, MIKE 157.78 PADDOCK PUBLICATIONS 286.00 PAPROCKI, KRISTINE 28.63 PARADISE COMPUTER 630.90 PATTEN POWER SYSTEMS 450.00 PERKINS, MICHAEL 29.24 PETALS & STEMS 171.00 PETERSEN SAND & GRAVEL 314.51 PITNEY BOWES INC 248.67 PRECISION SHARPENING 47.60 PRYOR SEMINARS, FRED 47.00 QUICK, KATHLEEN 40.88 QUILL CORPORATION 511.89 R & S DISTRIBUTORS INC 136.25 RADICOM INC 115.00 REGNER, WILLIAM J 60.00 RESERVE ACCOUNT 1,200.00 RIDGEVIEW ELECTRIC INC 1,017.31 RIVERSIDE ANIMAL CLINIC 238.00 RIVERSIDE BAKE SHOP 29.75 ROC CONSTRUCTION SUPPLY 273.12 ROTARY CLUB OF MCHENRY 179.71 ROWE, HERBERT W 175.00 RUSHING, RHONDA F LANG- 124.87 S & S WORLDWIDE 142.50 SBC 3,711.94 SCAN-AM 237.21 SHAKESPEARE'S CHILD ACAD 461.00 SHERMAN MECHANICAL INC 1,639.04 SOLUTIONS WIRELESS 30.00 SSMG 1,340.10 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 368.68 STANS OFFICE TECHNOLOGIE 882.10 SUMMERS PORTABLE TOILETS 138.00 SWIERK, ROSEMARY 30.00 TENNIS SUPPLY 2,570.82 THOMAS TRUCKING INC, KEN 460.00 THOMPSON ELEVATOR INSPEC 540.00 TRADEMARK FENCE CO 162.82 TRAFFIC CONTROL & PROTEC 325.66 TURF PROFESSIONALS EQUIP 546.49 UNIVERSITY OF ILLINOIS 3,819.45 VIRGILS, LAURA L 1,383.75 WASILOWSKI, MARY 136.00 WESTMOOR LTD 117.76 WHOLESALE DIRECT INC 335.79 WIMMER, RICHARD 200.00 WOOD, ROLAND 21.85 ZALEWSKI, BEA 15.00 ZMT INC 470.81 ZUKOWSKI ROGERS FLOOD & 10,690.00 AUDIT EXPENSE FUND EDER CASELLA & CO 4,250.00 MOTOR FUEL TAX FUND NORTH AMERICAN SALT CO 7,002.28 DEVELOPER DONATION FUND CKW ARCHITECTS 25.07 CONSERVATION SERVICES 50.00 CORNERSTONE MATERIAL REC 3,950.00 December 15, 2003 Page 6 REIL CONSTRUCTION INC 35,887.50 SMITH ENGINEERING CONSUL 163.41 TIF FUND BAXTER & WOODMAN 610.36 ORR & ASSOCIATES, KATHLE 217.00 VOA ASSOCIATES INC 22,022.49 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 8,327.09 LANDSCAPE RESOURCES INC 58,793.37 SMITH ENGINEERING CONSUL 10,845.85 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 528.94 ADAMS ENTERPRISES INC, R 16.00 ADAMS STEEL SERVICE INC 253.13 ALEXANDER CHEMICAL CORP 963.00 AMERICAN HEATING & COOLI 403.42 AMERICAN TELECOMMUNICATI 21.78 BAXTER & WOODMAN 1,223.04 BERKHEIMER CO INC, G W 20.33 BOISE CASCADE OFFICE PRO 110.18 BONCOSKY OIL COMPANY 607.66 BOTTS WELDING & TRUCK SE 38.50 BUSS FORD SALES 260.54 C & C HEATING & A/C 175.00 CINTAS CORPORATION #355 254.47 COMED 28,301.30 CRESCENT ELECTRIC SUPPLY 230.08 D & J AUTOMOTIVE SUPPLY 151.67 D'ANGELO NATURAL SPRING 42.60 FOXCROFT MEADOWS INC 93.60 HACH COMPANY 376.55 JULIE INC 304.20 KAR PRODUCTS 100.26 KROHN LAWN & LANDSCAPE 2,528.66 KTD INC 543.00 LEGEND ELECTRICAL SALES 45.89 LEWIS EQUIPMENT CO 17.28 MCHENRY ANALYTICAL WATER 1,949.00 MCHENRY ELECTRIC & SUPPL 112.00 MCHENRY NAPA 86.60 MCI COMM SERVICE 8.04 MEYER MATERIAL COMPANY 259.60 MID AMERICAN WATER OF WA 1,641.00 MIDWEST METER INC 1,734.34 MORSE ELECTRIC INC 41,634.00 NATIONAL CAP & SET SCREW 99.44 NATIONAL WATERWORKS 1,179.92 NCL OF WISCONSIN INC 183.31 NEXTEL COMMUNICATIONS 211.39 NICOR GAS 2,205.79 NORTH SUBURBAN WATER 100.00 PITNEY BOWES INC 62.18 PRECISION NAPCO 201.33 RESERVE ACCOUNT 300.00 RIETESEL, BYRON 11.80 SBC 1,232.74 SCHMITT, JON 44.10 SETTLERS HILL RDF 4,843.50 USA BLUEBOOK 157.30 VANDERSTAPPEN SURVEYING 275.00 WATER ENVIRONMENT 143.00 WATER PRODUCTS - AURORA 259.19 WATER SOLUTIONS UNLIMITE 2,431.00 ZMT INC 50.00 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 784.00 EMPLOYEE INSURANCE FUND CENTEGRA OCCUPATIONAL HE 3,484.00 RISK MANAGEMENT FUND BAXTER & WOODMAN 1,625.00 BEYER, THOMAS S 57.00 December 15, 2003 Page 7 MORAINE EMERGENCY PHYSIC 88.00 INFORMATION TECHNOLOGY FUND ADVANCE NETWORK DESIGN I 625.00 ` CDW GOVERNMENT INC 1,189.48 COMMUNICATIONS REVOLVING 3,500.00 CORPORATE EXPRESS INC 147.49 DELL MARKETING LP 1,417.30 FORTRES GRAND CORPORATIO 210.00 HARRIS, TIMOTHY 348.31 ILLINOIS GMIS 175.00 NET SPECIALISTS INC 900.00 OFFICE DEPOT INC 485.56 SBC 179.85 STANS OFFICE TECHNOLOGIE 559.00 THREE SIXTY TECHNOLOGIES 262.25 DEVELOPMENTAL ESCROW VANDERSTAPPEN SURVEYING 350.00 RETAINED PERS01414EL ESCROW BAXTER & WOODMAN 8,057.74 MCHENRY ANALYTICAL WATER 312.00 ZUKOWSKI ROGERS FLOOD & 2,096.25 REVOLVING LOAN FUND FIRST NAT'L BANK OF MCH 50.00 POLICE PENSION FUND EDER CASELLA & CO 2,900.00 GRAND TOTALS 453,430.66 FUND TOTALS GENERAL FUND 172,256.36 AUDIT EXPENSE FUND 4,250.00 MOTOR FUEL TAX FUND 7,002.28 DEVELOPER DONATION FUND 40,075.98 TIF FUND 22,849.85 CAPITAL IMPROVEMENTS FUND 77,966.31 WATER/SEWER FUND 99,226.65 UTILITY IMPROVEMENTS FUND 784.00 EMPLOYEE INSURANCE FUND 3,484.00 RISK MANAGEMENT FUND 1,770.00 INFORMATION TECHNOLOGY FUND 9,999.24 DEVELOPMENTAL ESCROW 350.00 RETAINED PERSONNEL ESCROW 10,465.99 REVOLVING LOAN FUND 50.00 POLICE PENSION FUND 2,900.00 Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. Motion carried. REQUEST FROM MCHENRY NOON KIWANIS CLUB TO BLOCK CERTAIN PORTIONS OF GREEN STREET AND TO DIRECT CITY STAFF TO ASSIST IN THE SECOND ANNUAL 2004 SOAP BOX DERBY EVENT TO BE HELD ON SATURDAY, JUNE 26, 2004 Mr. Jim Marinangel, representing the McHenry Noon Kiwanis Club (Club), addressed Council stating the Club is seeking permission to hold its 2"d Annual All- American Soap Box Derby Event in McHenry on June 26, 2004 and to hold a short practice event on June 12, 2004. In the event of rain on either the day of the event or the practice December 15, 2003 Page 8 date, the Club is requesting Sunday, June 27, 2004 and June 13, 2004 be established as ``— rain-dates. Mr. Marinangel complimented Staff on the cooperative effort that made the 2003 Event a success. He stated the 2004 Event would begin at 9:00 a.m. and last until approximately 3:00 p.m. followed by a parade at 4:00 p.m. along the event route. The Event would culminate with finals and the award ceremony from approximately 4:30 p.m. to 6:00 p.m. The Club will promote and staff the event and would notify residents in the area of the impending street closure. Mr. Marinangel noted the Club is requesting the following from City Staff: • Closing of Waukegan Road, from Third Street to East Campus, from 7:00 a.m. to 6:00 p.m. on the day of the event and a portion of a second day, tentatively June 12, 2004, for a practice day. • Closing of Green Street intermittently from 9:00 a.m. to 3:30 p.m. at the Waukegan Road intersection; • Closure of Green Street at Waukegan Road between 4:00 p.m. an 6:00 p.m. for the parade and race finals. All traffic would be diverted from the intersection of Green Street and Waukegan Road until completion of the event; • The presence of two Police Officers during the event to control traffic at the _ intersection of Green Street and Waukegan Road. • Signage and barricades to alert drivers in the vicinity of the closed roads • Cones to mark off the course; • Set of six bleachers to provide spectator seating; • Additional garbage cans along the route to assist in trash control; • A reviewing stand with a PA system at the finish line to judge the races and make announcements. Responding to Alderman Murgatroyd's inquiry, Mr. Marinangel noted no complaints were received from anyone in 2003 regarding the event. Mayor Low commended the Kiwanis Club on the first event held in 2003 stating she is looking forward to the Soap Box Derby becoming an annual event. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION —OLDE MILL PONDS DRAINAGE ISSUE City Administrator Maxeiner stated the matter of the Olde Mill Ponds drainage issue has come before Council on several occasions regarding the private drainage system within the development. He stated that the President of the Olde Mill Ponds Homeowners Association has indicated the pond and rill system is not functioning correctly and that the water within the system is rising to levels threatening damage to dwellings. He has indicated the system was not installed correctly and that offsite drainage is contributing to December 15, 2003 Page 9 the problem. _ City Administrator Maxeiner explained at direction of Council City Engineer Baxter and Woodman examined both the private system and offsite factors that may contribute to the problem. The report from Baxter and Woodman suggests that the pond and rill system was constructed with little variance from the specifications. However, there appear to be offsite complications. Specifically, ponding is occurring in the southeast corner of the vacant field adjacent to the development's west side. The ponding is raising the effective elevation of the overland flow route from the development, thereby raising the level of the water within the rill and pond system. Baxter and Woodman's recommendation to correct the problem involves installation of a large drain and a 24" storm sewer pipe to remove the surface water from the area around the overland flow location. This improvement is designed to ultimately discharge the surface water into the Lakeland Park drainage ditch along the railroad tracks. Additionally, some regrading in the adjoining City owned field is proposed. The City Engineer's estimate of construction costs is $147,000. City Administrator Maxeiner informed Council that in prior discussions a cost sharing arrangement was proposed with the developer of the property, Inland Development, and the homeowners' association contributing financially to correct the problem. To date, the homeowners' association has denied the City's request for a contribution and the developer disagrees with the City's assessment of the scope of the remedy and states his engineer proposes the problem can be solved for approximately $30,000 by tying into current storm sewers on Prestwick. However, the City Engineer is adamant that the existing storm sewer is not of sufficient size to handle the volume of water generated as a result of a discharge of water up through the drains on Prestwick and the surrounding areas during heavy rain conditions. It is the City Engineers' opinion the solution proposed by Inland's engineer would only serve to relocate the problem to another area. City Administrator Maxeiner stated Council has expressed a commitment to resolving the problem, has paid for the investigatory engineering analysis and authorized the City Engineer to design the improvements required. He noted the project design is nearing completion and is ready to go to bid. City Administrator Maxeiner explained that the 2003/2004 Budget shows funding for the project as a combination of developer/private contributions amounting to $80,000 and General Fund contribution of $91,000. Should the Council determine to move forward on the project at this point it would appear that funding for the project would originate entirely with the City and would require an adjustment to the General Fund in the amount of $55,400. If a funding formula is determined, the project is ready for bid, and Staff is requesting authorization to solicit bids. Alderman Bolger opined he supports resolution of the problem but does not see the necessity for the expensive project outlined by the City Engineer. December 15, 2003 Page 10 Alderman Glab opined the issue is a conflict between the developer and the ~- homeowners' association and should not involve the City if the system was constructed following the guidelines of the Subdivision Ordinance. Alderman Condon stated she is in support of resolution of the problem but expressed disappointment at Inland's lack of cooperation. City Administrator Maxeiner stated Inland has expressed a willingness to partner on the project, but has offered no specific dollar amount. Mayor Low noted, speaking as Alderman of Ward 3, that the Olde Mill Pond Homeowners' Association has sought Inland's participation to rectify the problem for a significant amount of time. She opined the City would benefit the surrounding properties by following the City Engineer's recommendations regarding resolving the problem. Alderman Wimmer stated enough time has been spent discussing the topic. He noted that the City signed off on the system and opined it is owed to the residents of the subdivision to rectify the problem. Alderman Murgatroyd suggested the overage come from Park Donation Fees. Concurring with Alderman Wimmer he stated the topic has been discussed enough and he would like to see it resolved properly and concluded. Motion by Murgatroyd, seconded by Peterson, to authorize Staff to move forward to: • Solicit bids on the Olde Mill Drainage Project; • Adjust the 2003/2004 Budget in the amount of$55,400 to fund the project; and • Staff consider that the oversized portion of the funding come out of the Park Donation Fund. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR THE DESIGN OF HUNTERSVILLE SUBDIVISION WATER/SEWER SYSTEM - BAXTER & WOODMAN City Administrator Maxeiner informed Council that representatives of the Huntersville Subdivision have been requesting City water and sewer utilities in the subdivision for a lengthy period of time. He stated the item was first brought before Council on July 7, 2003 to determine the desire of the Council to annex the area and what portion of the project, if any, should be attributable to the public benefit. At that time the direction from Council was to pursue the annexation with a public benefit of 10% of the project costs. On December 8, 2003, the Mayor and Staff met with over fifty members of the ' homeowners' association for an informational meeting to outline the scope of the project and the potential costs to the property owners. City Administrator Maxeiner indicated the overall response received from the homeowners was positive and the property owners December 15, 2003 Page 11 appear to be in agreement that a Special Service Area is the best way to pay for the proposed improvements. City Engineer Baxter and Woodman has submitted an Engineering Services Agreement for the design of the water distribution and sanitary sewer collection system for the project. Staff is seeking authorization for Baxter and Woodman to begin the design of the improvements in an amount not-to-exceed $73,000. It was noted the anticipated improvements are expected to amount to approximately $1.3 million. Alderman Glab suggested annexation of the property be considered prior to moving forward with the project. Responding to Alderman Glab's inquiry, City Attorney McArdle stated an Annexation Agreement is not required prior to establishing a Special Service Area. Additionally, he explained the difference between a Special Assessment and a Special Service Area is a Special Assessment is administered by the City, while a Special Service Area is administered by the County and appears directly on the homeowner's tax bill. A brief discussion ensued. Motion by Murgatroyd, seconded by Peterson, to approve an Engineering Services Agreement with Baxter and Woodman for the design of the water and sewer system in the Huntersville Subdivision, in an amount not to exceed $73,000, subject to review by the City Attorney. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. 2004 LOCAL SHARE AGREEMENT FOR PACE DIAL-A-RIDE SERVICE City Administrator Maxeiner noted that since 1987 the City of McHenry has entered into an annual Local Share Agreement with PACE offering a curb-to-curb, Dial-A-Ride program. He stated the program is funded through a mixture of user fees, PACE subsidies and a local share portion. The 2004 contract year reflects a local share of $65,754, an increase of$804 from Year 2003. City Administrator Maxeiner stated rides are arranged through a service provider under contract with PACE and fares have remained the same since Year 2000. He noted reduced fare rates are provided to senior citizens, persons with disabilities, and students and children ages 7 through 11 years. Motion by Glab, seconded by Bolger, to renew the Year 2004 Local Share Agreement between PACE and the City of McHenry for the local share amount of$65,754. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. December 15, 2003 Page 12 DISCUSSION REGARDING THE AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE YMCA OF MCHENRY COUNTY Assistant City Administrator Lockerby announced that Staff from the City of McHenry and the YMCA of McHenry County have continued to refine the proposed Agreement between the entities. Assistant City Administrator Lockerby outlined highlights of the Agreement, noting the Agreement allows the option of locating the entire Parks and Recreation Department in the new YMCA facility with the City being responsible for any additional capital costs. He stated it is the intent of the facility to blend architecturally with the Municipal Center to create a campus environment. A discussion ensued. Alderman Condon expressed concern that the structure would not be of sufficient size to accommodate the entire Parks and Recreation Department. Addressing Section 9G (facility availability), Alderman Condon stated she would not support elimination of any of the regularly scheduled Parks and Recreation programs. Additionally, Alderman Condon requested the last line of the last paragraph in Section 4B ("If this option is exercised, the City will be responsible for any additional capital costs") be eliminated. Alderman Glab requested the last line in the second to the last paragraph of Section 4B ("If the cost is significant, then the City may be responsible for the additional expense") be struck. Alderman Murgatroyd requested clarification of Section 8A regarding the composition of Committee Membership. He suggested one elected City official and one elected YMCA official be permitted on the Committee. City Administrator Maxeiner assured the Council that the City Council maintains authority for the appropriation of funds. Alderman Peterson suggested a seven person Advisory Committee rather than five. Alderman Murgatroyd opined all members of the Advisory Committee should be present for approval of any resolution. Alderman Bolger complimented Assistant City Administrator Lockerby on his efforts to date refining the Agreement. Responding to Alderman Glab's concerns regarding accommodations for senior citizens, Assistant City Administrator Lockerby stated the Agreement is generic and contains legal boilerplate language. Assistant City Administrator Lockerby stated, taking into consideration suggestions and comments presented by the Aldermen, he will continue to refine the Agreement and return to Council for further discussion. MAYOR— STATEMENT AND REPORT There was no.Mayor's Statement and Report. December 15, 2003 Page 13 COMMITTEE REPORTS r There were no Committee Reports. DEPARTMENT HEAD REPORTS Director of Community Development Napolitano announced a change in the Planning and Zoning Commission agenda for Thursday, December 18, 2003. He stated the discussion regarding Shamrock Farms would be removed from the Agenda due to technical errors on the Plat to be addressed in January 2004. City Administrator Maxeiner requested permission from the Council to designate the Council Meeting scheduled for January 12, 2004 as a Workshop Meeting to discuss the Capital Improvement Plan (CIP). It was the consensus of Council to designate the Council Meeting scheduled for January 12, 2004 as a Workshop Meeting to discuss the Capital Improvement Plan. NEW BUSINESS There was no New Business to report. EXECUTIVE SESSION: PERSONNEL AND LITIGATION Motion by Glab, seconded by Murgatroyd, to go into Executive Session to discuss Personnel and Litigation at 9:22 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. '— Absent: None. Motion carried. Council went into Executive Session at 9:27 p.m. Motion by Condon, seconded by Glab, to go back into Open Session at 9:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Open Session at 9:45 p.m. ADJOURNMENT Motion by Condon, seconded by Murgatroyd, to adjourn the meeting at 9:46 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:46 p.m. MAYOR CLE