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Home My WebLink AboutMinutes - 05/17/2004 - City Council REGULAR MEETING MAY 17, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, May 17, 2004 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, City Attorney McArdle, City Clerk Jones, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: Assistant City Administrator Lockerby. Mayor Low welcomed back Alderman Bolger following his surgery and recovery. PRESENTATION: ODYSSEY OF THE MIND Students and parents from Valley View Elementary School and Parkland Middle School participating in the 2004 Odyssey of the Mind World Finals in Maryland were in attendance. At Mayor Lows request City Clerk Jones read the Proclamation declaring the week of May 29, 2004 Odyssey of the Mind Week in the City of McHenry. Valley View Elementary School and Parkland Middle School were each presented with a mounted copy of the Proclamation. Julie DeFries introduced each of the children participating in the program. Ms. DeFries explained that Odyssey of the Mind is a program sponsored by NASA for children from elementary age to young adults at the college level, encompassing such topics as Envirover, Strategy Sphere, Fantastic Art, Balancing Act, Featured Creature and Rewind with Humor. Mayor Low expressed pride in the students' participation in the illustrious Odyssey of the Mind program noting excelling to the World Finals is a great representation for the City of McHenry. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Wimmer; to approve the Consent Agenda as presented: A. Request for picnictspecial use permits; B. Request for Special Event Liquor License from the McHenry Area Chamber of Commerce, and waiver of all associated from for Year 2004 Fiesta Days; C. Request for payment from DeMarais K-9 Training in the amount of$6;500; D. 2004/2005 Annual Dues to Northern Illinois Police Crime Lab in the amount of $25,000; ti E. Payment to Peter Snelton & Sons Inc for repair of Well No 7 Well Pump in the amount of$12,407; F. Award contract to Thelen Sand and Gravel for construction of Lakewood Road May 17, 2004 Page 2 Low Pressure Sewer in the estimated amount of$179,502; -L G. Payment to Incode CMS for 2004/2005 Annual Financial Software Maintenance Fee, in the amount of$6,686.40; H. As Needed Checks: GENERAL FUND 2004 ILLINOIS APA CONFER 155.00 AFLAC 1,642.00 APWA 25.00 CINQUEGRANI, NICHOLAS L 138.00 COMMERCE-CENSUS 69,893.00 FIRST MIDWEST BANK 144.40 FOP UNITS I/II 1,732.50 HILTON CINCINNATI NETHER 376.00 IIMC 135.00 ILLINOIS DEPARTMENT OF P 1,234.00 ILLINOIS JUVENILE 150.00 ILLINOIS STATE POLICE 260.00 IMRF 44,671.29 JOHNSON, TERI 50.00 MCHENRY K-9 UNIT, CITY 0 35.00 NCPERS GROUP LIFE INS. 255.00 PERKINS, MICHAEL 222.48 PETTY CASH FUND 99.84 POSTMASTER MCHENRY IL 3,936.88 PUBLIC WORKS/PARKS ASSOC 648.00 SEARS 404.99 UNITED PARCEL SERVICE 172.81 UNITED STATES LIFE INSUR 1,031.40 WALMART COMMUNITY BRC 685.94 WONDER LAKE, VILLAGE OF 148.00 DEVELOPER DONATION FUND REIL CONSTRUCTION INC 8,474.50 WATER/SEWER FUND APWA 50.00 PETTY CASH FUND 22.00 UNITED PARCEL SERVICE 26.00 UNITED STATES LIFE INSUR 153.90 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS & SERVIC 19,946.42 RUSHING, RHONDA F LANG- 94.97 RISK MANAGEMENT FUND REX AUTO BODY 756.01 RETAINED PERSONNEL ESCROW BURRITOVILLE OF MCHENRY 120.00 POLICE PENSION FUND MCHENRY POLICE PENSION F 17,073.30 GRAND TOTALS 174,963.63 I. List of Bills: GENERAL FUND A-ABLE ALARM SERVICE INC 30.00 ACE HARDWARE, BJORKMAN'S 1,118.94 ACME BRICK 6 SUPPLY CO 90.00 ADAMS ENTERPRISES INC, R 204.81 ADAMS OUTDOOR POWER EQUI 92.94 ADAMS STEEL SERVICE INC 253.89 AERIAL EQUIPMENT INC 44.78 AFTERMATH INC 325.00 ALEXANDER LUMBER CO 330.75 AMERICAN PLANNING ASSOCI 910.00 _ ANDREWS, MAUREEN J 80.00 AQUATICD WEED TECHNOLOGY 6,500.00 ARAMARK WORK APPAREL 6 U 122.73 BARNES DISTRIBUTION 826.87 BAXTER s WOODMAN 156.25 BEESON'S 318.25 BONCOSKY OIL COMPANY 5,735.05 May 17, 2004 Page 3 BOONE CREEK VENTURE LLC 45,482.69 BOTTS WELDING & TRUCK SE 76.00 BURRAFATO, SAM 30.00 BURRIS EQUIPMENT COMPANY 23.46 BUSS FORD SALES 250.96 CENTEGRA OCCUPATIONAL HE 12.50 CHICAGO METRO CHAPTER AP 60.00 CINQUEGRANI, NICHOLAS L 326.23 CINTAS CORPORATION #355 139.20 CLARKE ENVIRONMENTAL MOS 9,250.00 COMED 15,229.04 COUGHLIN, DIANE 10.00 CRAFT CONCRETE PRODUCTS 598.00 CRAIN'S CHICAGO BUSINESS 94.95 CRYSTAL MANOR STABLE 600.00 CURRAN CONTRACTING COMPA 893.74 CUSTOM LANDSCAPING 675.00 D & J AUTOMOTIVE SUPPLY 345.55 DECKER SUPPLY CO INC 633.80 DURA WAX COMPANY INC, TH 288.60 DUTKIEWICZ, CORA 84.00 FAMILY TAILOR SHOP 15.00 FLESCH COMPANY INC, GORD 142.56 FLOWERWOOD 725.00 FOTO FAST 8.69 FOXCROFT MEADOWS INC 1,868.30 G IMPRESSIONS INC 63.75 GARRELTS & SONS INC 1,017.92 GERSTAD BUILDERS INC 60.00 GOLD MEDAL PRODUCTS 222.50 GOLDIES COFFEE HOUSE & C 30.00 GOSS, DIANNA 125.00 GOVERNMENT FINANCE OFFIC 130.00 HAGG PRESS INC 5,822.25 HANSEN'S ALIGNMENT, DON 130.00 HARRIS, TIMOTHY 19.24 HOLIAN, CAROL 77.38 HOWENSTINE, ALICE 20.00 ICMA 546.60 IDENTITY SPORTSWEAR 103.08 ILLINOIS STATE POLICE 28.00 J & B BUSINESS SYSTEMS 365.70 KALE UNIFORMS INC 200.45 KAPPLER, GINA 1,500.00 KDS TECH SERVICES INC 298.80 KIWANIS CLUB OF MCHENRY 115.00 LANG PONTIAC-CADILLAC-SU 145.60 LANGE, MICHAEL 168.23 LEACH ENTERPRISES INC 55.00 LEONARDI'S FOOD SPECIALT 448.80 LETN PRIMEDIA WORKPLACE 576.00 LOCKER'S FLOWERS 72.00 LOCKERBY, JOHN T 404.68 MARENGO DISPOSAL CO 3,900.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 3,692.21 MCHENRY COUNTY RECORDER 94.50 MCHENRY COUNTY SUPPLY IN 458.28 MCHENRY ELECTRIC & SUPPL 84.19 MCHENRY FAVORITE SPORT C 287.00 MCHENRY FIRESTONE 74.00 MCHENRY PAINT GLASS & 87.30 MCHENRY POLICE PENSION F 19,256.13 MCHENRY SPECIALTIES 115.00 MEDTECH USA INC, WRISTBA 87.08 MEIER'S OUTDOOR WORLD 21.45 MERKEL, PETE 21.00 MEYER MATERIAL COMPANY 248.20 MID AMERICAN WATER OF WA 119.00 MIKOSZ, HARRIET 68.00 MINUTEMAN PRESS OF MCH 46.62 MITCHELL BUICK OLDSMOBIL 21.69 MOLNAR, JAMES 26.95 ..`� MURRAY, LAURA 48.00 NATIONAL BUSINESS FURNIT 1,821.63 NEWMAN, CHRISTINE 160.90 NICOLET SCENIC TOURS 2,898.00 May 17, 2aA Page 4 NORSHORE ALARM CO INC 5,900.00 NORTHEASTERN ILLINOIS PL 1,744.00 - NORTHERN ILLINOIS POLICE 150.00 NORTHTOWN AUTO SERVICE 60.00 NORTHWEST AUTO ELECTRIC 220.00 NORTHWEST ELECTRICAL SUP 306.31 O'MEARA, THOMAS 56.00 OFFICE DEPOT INC 365.39 OTIS ELEVATOR CPANY 1,075.16 PAPROCKI, KRIST NE 81.85 PEAVEY COMPANY, LYNN 195.20 PEPSI-COLA GENL BOT 2,520.50 PERKINS, MICHAEL 13.50 PERRICON GARDEN CENTER & 79.98 PETALS & STEMS 40.00 PETERSEN SAND & GRAVEL 770.54 PILAT, MELANIE 82.00 PRECISION SHARPENING 47.60 PRENTICE HALL 35.94 QUILL CORPORATION 212.62 R & S DISTRIBUTORS INC 434.15 •RADICOM INC 602.50 RAYMONDS JOHNSBURG BOWL 475.00 REHRIG PACIFIC COMPANY 3,125.00 RINGWOOD BP 18.00 RIVERSIDE BAKE SHOP 64.22 ROC CONSTRUCTION SUPPLY 251.00 ROCK RIVER SERVICE CO 5,034.00 ROTARY CLUB OF MCHENRY 388.54 RYDIN DECAL 3,555.86 SBC 3,899.41 SHERMAN MECHANICAL INC 14,177.50 SHIELDS, EMILY 59.00 SIMPLEX GRINNELL LP 91.00 SMITH ENGINEERING CONSUL 2,500.00 SSMG 325.80 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 1,341.70 STANS OFFICE TECHNOLOGIE 2,129.09 STATE TREASURER IDOT 4,172.19 STULL, RICH 93.67 STUMPS 35.94 SUMMERS PORTABLE TOILETS 288.00 SZAMLEWSKI, MIA 315.00 TERMINAL SUPPLY CO 92.12 THOMAS TRUCKING INC, KEN 1,560.00 THOMPSON ELEVATOR INSPEC 60.00 THOMPSON, SANDY 56.00 TIPS 75.00 TOLEDO, ARMANDO 10.00 TOMPKINS, CATHERENE 250.00 TRAFFIC CONTROL & PROTEC 1,802.36 TRANSMATIC TRANSMISSION 1,300.00 ULTRA STROBE COMMUNICAIT 153.81 UNITED LABORATORIES 418.54 URBANIAK, GERALD 25.00 VAVRIK, MARY 80.00 VLCEK, PEGGY 119.26 WABASH VALLEY 367.62 WEST GROUP PAYMENT CENTE 874.00 WHOLESALE DIRECT INC 261.78 WILLIAMS ELECTRIC SERVIC 1,633.28 WITT, CINDY 63.57 WOLF CAMERA & VIDEO 25.41 WOODSTOCK FORD & MERCURY 187.58 XENCOM 23.00 ZARNOTH BRUSH WORKS INC 119.00 ZEP MANUFACTURING COMPAN 164.44 ZMT INC 1,794.91 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 19,250.00 MCHENRY COMMUNITY SCHOOL 27,291.00 MCHENRY PUBLIC LIBRARY 1,612.00 MOTOR FUEL TAX FUND BAXTER & WOODMAN 416.00 May 17, 2004 Page 5 NORTH AMERICAN SALT CO 4,690.11 SICALCO LTD 1,371.15 DEVELOPER DONATION FUND CARMICHAEL CONSTRUCTION 64,894.27 HUNTERSVILLE SSA#6 BAXTER 6 WOODMAN 12,032.06 CAPITAL IMPROVEMENTS FUND BAXTER 6 WOODMAN 1,216.64 MCCUAIG HAEGER BOLZ 6 MC 1,357.00 SMITH ENGINEERING CONSUL 1,536.40 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 455.74 ACME BRICK 6 SUPPLY CO 297.90 ADAMS ENTERPRISES INC, R 6,736.13 ADAMS STEEL SERVICE INC 75.03 ALEXANDER CHEMICAL CORP 963.00 AMERICAN WATER WORKS ASS 62.00 'AQUAPREP 4,335.00 ARAMARK WORK APPAREL & U 51.78 BAXTER 6 WOODMAN 1,311.00 BONCOSKY OIL COMPANY 4,384.30 BOTTS WELDING 6 TRUCK SE 15.00 BUTLER, CHERYL 7.26 CHEMICAL PUMP SALES AND 550.00 CINTAS CORPORATION #355 191.79 COMED 26,805.42 CONSERV FS 236.25 CRAFT CONCRETE PRODUCTS 548.00 D'ANGELO NATURAL SPRING 35.50 DEL'S ELECTRIC SERVICE I 632.88 DOUGHERTY, JACKIE 13.75 FOX VALLEY CHLORINATING 250.00 FOXCROFT MEADOWS INC 85.80 KTD INC 390.37 MCHENRY ANALYTICAL WATER 338.00 �- MCHENRY COUNTY SUPPLY IN 60.65 MCHENRY FIRESTONE 10.00 MCHENRY PAINT GLASS 6 126.27 MCMASTER-CARR SUPPLY CO 43.24 MEYER MATERIAL COMPANY 1,375.22 MID AMERICAN WATER OF WA 1,690.20 MIDWEST METER INC 4,872.55 NATIONAL WATERWORKS 2,232.88 NCL OF WISCONSIN INC 940.79 NORQUIP INC 644.02 NORTHERN SAFETY CO INC 93.25 PETERSEN SAND 6 GRAVEL 442.00 PROSAFETY INC 33.01 REICHE'S PLUMBING SEWER 625.00 SBC 662.24 SCHMITT, JON 154.70 SETTLERS HILL RDF 6,780.90 SEVERN TRENT PIPELINE SE 1,777.82 THOMAS TRUCKING INC, KEN 460.00 USA BLUEBOOK 97.51 VIKING CHEMICAL COMPANY 4,335.00 WATER PRODUCTS - AURORA 3,974.95 WATER SOLUTIONS UNLIMITE 5,934.50 XENCOM 46.00 ZMT INC 318.72 UTILITY IMPROVEMENTS FUND B&W CONTROL SYSTEMS INTE 43,300.00 BAXTER 6 WOODMAN 99,291.55 CONSERVATION SERVICES 400.00 MANUSOS GENERAL CONTRACT 38,495.70 MARINA OPERATIONS FUND BAXTER 6 WOODMAN 2,233.60 RISK MANAGEMENT FUND MEADE ELECTRIC CO IN 2,650.00 MEYER MATERIAL COMPANY 79.50 May 17, 2004 Page 6 INFORMATION TECHNOLOGY FUND 1_ ADVANCE NETWORK DESIGN I 340.00 CDW GOVERNMENT INC 299.83 DELL 5,482.35 SBC 281.75 STANS OFFICE TECHNOLOGIE 691.00 RETAINED PERSONNEL ESCROW BAXTER 6 WOODMAN 13,746.65 MCHENRY ANALYTICAL WATER 26.00 Q 6 A REPORTING 249.70 SMITH ENGINEERING CONSUL 14,705.45 POLICE PENSION FUND CAPITAL GAINS INCORPORAT 4,109.00 EDER CASELLA 6 CO 850.00 LASALLE BANK NA 667.92 GRAND TOTALS 667,384.43 FUND TOTALS GENERAL FUND 217,314.48 ANNEXATION FUND 48,153.00 MOTOR FUEL TAX FUND 6,477.26 DEVELOPER DONATION FUND 64,894.27 HUNTERSVILLE SSA#6 12,032.06 CAPITAL IMPROVEMENTS FUND 4,110.04 WATER/SEWER FUND 86,503.32 UTILITY IMPROVEMENTS FUND 181,487.25 MARINA OPERATIONS FUND 2,233.60 RISK MANAGEMENT FUND 2,729.50 INFORMATION TECHNOLOGY FUND 7,094.93 RETAINED PERSONNEL ESCROW 28,727.80 POLICE PENSION FUND 5,626.92 TOTALS 667,384.43 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE, 917 AMBERWOOD PLACE Director of Community Development Napolitano informed Council of a fence variance request of Ronald W. Truax of 917 Amberwood Place. Mr. Truax is requesting a variance to allow the installation of a 6' high fence with the finished side of the fence facing the interior of his lot. It was noted that Mr. Truax's lot abuts the recently annexed Mercy Medical Professional Plaza Subdivision (Mercy). Director Napolitano stated that with the construction of utilities for the subdivisions, several trees were removed eliminating the natural buffer between Mr. Truax's property and Mercy. Mercy has installed a landscaped berm; however, Mr. Truax desires the privacy a fence would provide. Director Napolitano noted the City's fence regulations state that any fence must be installed with the finished side of the fence facing the exterior of the lot. Responding to an inquiry from Alderman Glab, Director Napolitano informed Council _ that the variance applies to the fence to be located at the rear lot line only. Alderman Glab , stated he would support the motion if it was stipulated in the motion that the variance applied to the back lot only. May 17, 2004 Page 7 Motion by Peterson, seconded by Condon, to approve a variance to allow the finished side of the fence to face the interior of the lot, on the back lot line only, at the property located at 917 Amberwood Place. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE, 2007 KENNEDY DRIVE Director Napolitano informed Council of a fence request received from applicant Ronald Kunz of 2007 Kennedy Drive. Mr. Kunz is requesting a variance to allow the installation of a 6' high, cedar fence along his Riverside Drive property line. Mr. Kunz has a double frontage lot with frontage on both Riverside Drive and Kennedy Drive. Director Napolitano noted the yard adjacent to Riverside Drive is in the back of the applicant's lot. Mr. Kunz would like to enclose a greater portion of his yard for additional privacy and security. Director Napolitano noted the City fence regulations state that a fence abutting a street right-of-way must be set back 30' from the right-of-way line. It is Staffs opinion that a 30' setback is excessive in this instance and that allowing the fence as proposed by applicant would be appropriate and consistent with previous variances granted for properties abutting busier roads. Director Napolitano noted that the subject property slopes up towards the street and permitting a fence in the area is not likely to impact vehicular or pedestrian site lines. Motion by Murgatroyd, seconded by Peterson, to approve a variance allowing a 6' cedar fence along the Riverside Drive property line at the property located at 2007 Kennedy Drive. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer; Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION: ADAMS FARM ANNEXATION Mayor Low introduced Adams Farm property owner and developer, Roger Gerstad of Gerstad Builders. She indicated that Mr. Gerstad is again before Council with a revised proposed plan for development of the Adams Farm Property. Mr. Gerstad stated that he is seeking direction from Council regarding how the property could best be developed to benefit the City of McHenry. He noted the following modifications were requested by Council at the March 22, 2004 Committee of the Whole meeting: • Long term maintenance and management of the Boone Creek Corridor; -... Four hundred foot buffer along Boone Creek; Runoff to Boone Creek; and May 17, 2004 Page 8 • Commercial aspect of the property 1 Mr. Gerstad indicated the revised Concept Plan allows for 550 units, consisting of 494 single-family homes with RS-2 zoning and 56 townhome units with RM-1 zoning as follows: • Neighborhood 1 89 lots, adjacent to the existing development of Brookwood Trail o An 800-foot corridor along Boone Creek would be preserved • Neighborhood 2 127 lots, adjacent to the existing Boone Creek Subdivision on the north • Neighborhood 3 56 townhome units, at the northeast corner of Curran and Bull Valley Roads • 1.9 acres of commercial proposed for the west side of Curran Road • Neighborhoods 4, 5 and 6 developed with 278 single-family lots. Mr. Gerstad noted that larger park sites are indicated on the east side of Curran Road along the creek and near the center of the proposed development on the west side of Curran Road. Director Napolitano interjected that following the applicant's presentation at the Committee of the Whole on March 22, 2004, the applicant returned to the Planning and Zoning Commission on April 22, 2004. The Planning and Zoning Commission expressed the following concerns: ' • Density; • Traffic; • School Overcrowding; • Preservation of the Boone Creek Corridor; • Impact on City services; and • Lack of innovative design. o The Planning and Zoning Commission expressed interest in cluster development and/or Planned Unit Development. Director Napolitano noted that while the Planning and Zoning Commission commended the developer on addressing issues of density, preservation and ecological techniques for the proposed development, denial was recommended by a vote of 4 to 2. Director Napolitano stated that due to the annexation of the property and the availability of an annexation agreement, the City has the latitude to specify certain requirements for the development. In addition to requiring preliminary engineering prior to annexation, items such as a management plan for the Boone Creek Corridor, architectural design guidelines, and road improvement contributions can be detailed in the annexation agreement. Staff suggests a draft annexation agreement be prepared and a Public Hearing for the annexation agreement be scheduled. -- Mr. Gerstad stated it is difficult to move forward and prepare a more detailed plan without having three items addressed. May 17, 2004 Page 9 Density; • Width of Boone Cre.-k Corridor and how it would be measured; and • Size of the commercial area. Mr. Gerstad indicated he and his staff have diligently worked with environmental engineers to address the concerns expressed by both Council and the Planning and Zoning Commission. He requested some direction from Council regarding how the property could be developed to benefit the City of McHenry. Responding to an inquiry, Mr. Gerstad informed Council that if the project moves forward, normally it would be at least eighteen to twenty-four months before occupancy permits would be issued. Alderman Condon expressed concerns with density and preservation of the Boone Creek Corridor. Specifically, Alderman Condon indicated the following: • Watershed needs to continue to be addressed; • Traffic issues need to be analyzed; • The impact on schools is a major concern. Alderman Glab stated he is still not pleased with the amount of commercial development in the project. He noted while he would not like to lose the project he would like to see development delayed for at least five years. Alderman Glab also expressed concern regarding the impact the development would have on, local schools that were already under-funded and over-crowded. Additionally, Alderman Glab stated that impact fees need to be reviewed by Staff and adjusted according to current standards prior to annexation,. Alderman Bolger recommended following Staffs suggestion to draft a annexation agreement and schedule a Public Hearing. Alderman Murgatroyd inquired about the swales in backyards of the project for water control and inquired about what measures would be taken to prevent homeowners from altering the topography. Roger Dupler, landscape architect for the project, stated the swales would be monitored through use of easements. Mr. Gerstad, responding to Alderman Murgatroyd's inquiry regarding responsibility and maintenance of the Boone Creek Corridor, stated the Boone Creek Watershed Alliance or another third party entity specializing in this type of environmental care, would be responsible. Alderman Murgatroyd opined that the planned commercial development is not conducive to the area. Alderman Peterson stated he is sensitive to the width of the Boone Creek Corridor and would like to see the following issues addressed: • Density should be decreased; • The retention areas need to be further away from Boone Creek; -�.. • The area where hydric soil exists should be left as open space. May 17, 2004 Page 10 Alderman Peterson noted he has no issues with the density in Neighborhoods 4, 5 and 6. Responding to Alderman Glab's inquiry, Mr. Gerstad indicated a traffic study was conducted eighteen months ago. Mayor Low stated she concurs with Alderman Bolger's support of Staffs recommendations. She indicated she would like to continue working with the developer regarding development of the property, noting the following concerns: • Lot placement indicates that some of the residences would be too close to the Creek; • Delay of first building permits being issued for a three-year period, rather than eighteen to twenty-four months. Mr. Gerstad stated he is in the home building business and would have difficulty tying up assets for a three-year period. Alderman Murgatroyd indicated he still has concerns with the concept plan. Alderman Wimmer suggested a cluster effect for the development. Alderman Peterson stated with encroachment on the Boone Creek Corridor he was unable to support the plan indicating the cluster effect might be an option. Alderman Condon concurred with the cluster effect; however, she stated she would have difficulty approving the annexation agreement and scheduling a Public Hearing at this time. Motion by Bolger, seconded by Murgatroyd, to approve the preliminary engineering, as presented, to determine if the proposed design is feasible from an engineering standpoint and to direct Staff to draft an annexation agreement between Gerstad Builders and the City of McHenry for the Adams Farm Property. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. FREUND FIELD PHASE III RENOVATIONS—CHANGE ORDER NO 1 Director of Parks and Recreation Merkel reiterated to Council that on October 6, 2003 Council approved a bid for the Phase III construction of Freund Field. He stated the bid was awarded to D.K. Contractors, Inc. in the amount of$105,802.49. At the same meeting during the Public Input Session, Council was addressed by a resident of West Avenue regarding traffic and noise issues at the Althoff Basketball Complex. Staff was instructed to look into the concerns and review operation of the Althoff Basketball Complex. Director Merkel stated at the January 8, 2004 Parks and Recreation _ Committee meeting Staff suggested a new south parking lot adjacent to the ball field area together with a new south entrance to the basketball complex to reduce noise and traffic on West Avenue. The Committee was receptive of the suggestion and requested a cost estimate from City engineering firm, Smith Engineering Consultants. The revised plan and May 17, 2004 Page 11 cost estimate were presented at the March 11, 2004 Parks and Recreation Committee meeting. The engineer's cost estimate was $36,804.90. Staff was directed by the Committee to submit the revised plan to D.K. Contractors and request a price quotation for the additional work based on the unit price of the original contract. Director Merkel informed Council that D.K. Contractors indicates that the additional cost for the altered plan is $39,822.32, which Smith Engineering has reviewed and found to be acceptable. Staff is recommending Council approve the change order to D.K. Contractors, Inc. in the amount of $39,822.32 incorporating the revised parking area south of the basketball courts and a south entrance to the basketball courts. Director Merkel stated the total project cost is $145,624.81. He noted $150,000 is included in the 2004/2005 budget for the project. Alderman Bolger opined the cost of the project is excessive. Alderman Glab concurred with Alderman Bolger. Motion by Murgatroyd, seconded by Peterson, to approve D.K. Contractor, Inc.'s Change Order No. 1 , in the amount of $39,822.32, incorporating the revised parking area south of Althoff Basketball Complex, as well as a south entrance to the courts, for a total amount of$145,624.81 for the project. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. AWARD OF BID FOR OLDS MILL PONDS OVERFLOW STORM SEWER PROJECT TO GLUTH BROS. CONSTRUCTION, INC. Director of Public Works Marcinko stated that at the April 19, 2004 meeting Council rejected all bids for the Olde Mill Ponds Overflow Storm Sewer and waived bidding requirements for the construction of the storm sewer. Director Marcinko explained that a procedural error by the lowest bidder, R.A. Mancini, Inc. of Wauconda resulted in Staffs request to waive all bids and negotiate with R. A. Mancini, Inc. in an effort to realize the attractive bid price. Following rejection of the bids and Council's approval to waive the bidding process, R.A. Mancini, Inc. elected to decline the contract. The issue concerning issuance of a contract for the Olde Mill Pond storm sewer project remains. Director Marcinko informed Council that Gluth Bros. Construction, Inc., the second lowest bidder, has agreed to honor their bid of$98,405 for all labor, materials and services required. Staff recommends the award of contract to Gluth Bros. Construction, Inc. for the construction of the Olde Mill Ponds Overflow Storm.Sewer. Director Marcinko noted this is a unit price contract and the final price would be determined by actual quantities required. Director Marcinko stated that Gluth Bros. Construction, Inc. is prepared to begin the project immediately following Council's approval of the contract. May 17, 2004 Page 12 Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to --` approve the award a contract to Gluth Bros. Construction, Inc. of Woodstock, Illinois for construction of the Olde Mill Ponds Overflow Storm Sewer, in the estimated amount of $98,405. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID TO HERLIHY MID-CONTINENT COMPANY FOR CONSTRUCTION OF SEAWALL AND SIDEWALK ADJACENT TO RIVERWALK PLACE TOWNHOMES City Administrator Maxeiner stated the project area in need of seawall and sidewalk construction is located adjacent to the south side of the Boone Lagoon, north of the Riverwalk Place Townhomes and is expected to be approximately 500 feet in length. The scope of work includes repair of a portion of the existing seawall, construction of a new seawall where the existing seawall cannot be repaired, and installation of a sidewalk. City Administrator Maxeiner noted that initially the sidewalk located adjacent to the seawall would serve as a sidewalk along Boone Lagoon. However, in the long term the sidewalk would function as the foundation for the this portion of the future Riverwalk. City Administrator Maxeiner stated the current seawall is failing and is located on City property. As the owner the City has the obligation to maintain the property in a condition that would not adversely impact adjacent property regardless of the Riverwalk project. He indicated the cost of the work is likely to increase as time goes by rather than decrease. City Administrator Maxeiner informed Council that five bids were received. The low bidder was Herlihy Mid-Continent Company with a bid of $275,948. He noted the seawall work would be funded through the Tax Increment Financing (TIF) Fund and a loan from the General Fund, which would be reimbursed with future TIF funds. Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to approve the award of bid for the repair and construction of the seawall and sidewalk adjacent to the Riverwalk Place Townhomes to Herlihy Mid-Continent Company for a unit price of$275,948. Voting Ayer Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. STATE OF ILLINOIS MANDATE FOR THE APPROVAL OF A CODE OF ETHICS ORDINANCE City Administrator Maxeiner stated that in November 2003 the Illinois General Assembly approved legislation requiring local governments to approve a Code of Ethics May 17, 2004 Page 13 Ordinance. Legislation requires that the ordinance address prohibited political activities and limit gifts to officers and employees. He noted the ordinance must be approved by May 19, 2004, replacing a largely ineffective previously approved Gift Ban Act ordinance. Motion by Peterson, seconded by Bolger, to accept Staffs recommendation to pass and approve an Ethics Ordinance to comply with Public Act 93-615 of the Illinois General Assembly. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT There was no Mayor Statement and Report. COMMITTEE REPORTS Alderman Peterson informed Council a Parks and Recreation Committee meeting is scheduled for Thursday, May 13, 2004 at 7:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS Director of Community Development Napolitano informed Council Oberweiss Ice Cream Parlor would be open for business on Wednesday, May 19, 2004. Director Napolitano also announced that the chillers have arrived and are ready for installation at McHenry High School West Campus. Superintendent Hintz has requested installation take place following closure of the campus for summer vacation, as installation of the chillers requires that the fire compression units be turned off and the alarm system disconnected to facilitate installation. NEW BUSINESS There was no New Business. EXECUTIVE SESSION: PENDING LITIGATION AND PROPERTY ACQUISITION_ Motion by Bolger, seconded by Wimmer, to adjourn to Executive Session to discuss Pending Litigation and Property Acquisition at 9:44 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:52 p.m. ..` Motion by Bolger, seconded by Wimmer, to go back into Open Session at 10:19 p.m. May 17, 2004 Page 14 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. _ Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:19 p.m. Motion by Murgatroyd, seconded by Wimmer, to authorize the Mayor or the City Administrator to execute the First Amendment of the Contract between the City of McHenry, Buyer, and David Wahl and Doris Wahl, Sellers, for the purchase of the property commonly known as 1209 Court Street, McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 10:20 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 10:20 p.m. MAYOR TY CL R t