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HomeMy WebLinkAboutMinutes - 11/07/2005 - City Council REGULAR MEETING NOVEMBER 7, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 7, 2005 in the Council Chambers of the Municipal Center. At roil call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant to the City Administrator Martin, Deputy City Clerk Kunzer, City Attorney Rob Fetzner, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: City Clerk Jones, City Attorney McArdle. PUBLIC INPUT SESSION No one signed in to speak during the Tan Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as presented: A. Committee Recommendation: Ordinance amending Municipal Code Chapter 13 relating to parking on Kane Avenue; B. Ordinance amending Municipal Code Chapter 13 relating to parking on Green Street between Elm Street and Pearl Street; C. Final Pay Request for Petersen Park Waterfront Phase [I .— Fritz Landscaping, $790.93; D. Ratification of amendment to NISRA FY 2005/2006 Budget; E. Municipal Center Fire Alarm Upgrade— Simplex Grinnell, $8,298; F. CALEA Proposed Police General Order Revisions; G. Resolution establishing 2006 City Council meeting schedule; H. City Council Minutes: a. October 17, 2005 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO CONNECT TO MUNICIPAL SANITARY SEWER SYSTEM — 1902 ORCHARD BEACH ROAD Director of Community Development Napolitano stated property owner Jack Anderson of 1902 Orchard Beach Road has requested connection to the City's Sanitary Sewer System. At this time Mr. Anderson's property is not contiguous to the City of McHenry. To that end Director Napolitano noted Staff is recommending the applicant enter. into a pre-annexation agreement requiring annexation of the subject property within 90 days of the property becoming contiguous to the City. Responding to an inquiry, Director Napolitano stated the property is comprised of two platted lots. It is the intent of the applicant to add a residence to the second lot which currently has only a detached garage constructed on it. Director Napolitano stated permitting for new structures would be done through the county. November 7, 2005 Page 2 In response to Alderman Glab's inquiry, Director Napolitano noted the applicant would likely have to reduce the size of the deck on the existing residence as it currently encroaches on Lot 2 of the subject property. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve the connection to Municipal Sanitary Sewer of the property located at 1902 Orchard Beach Road subject to: 1. the execution of a pre-annexation agreement requiring the applicant to annex the subject property to the City within 90 days of becoming contiguous; 2. payment of required Connection and capital development fees for non-residents. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — 4401 VETERANS PARKWAY, FAMILY SERVICE AND COMMUNITY MENTAL HEALTH Director Napolitano reported Family Services and Community Mental Health is in the process of having a new facility constructed on Veterans Parkway in Prairie Point Business Park. They are requesting permission to construct a sign on the property announcing the financial backing for the project. Director Napolitano stated there is currently a 32 square foot Prime Commercial construction sign on the site. The second sign would also be 32 square feet in area. Director Napolitano noted the sign ordinance permits one construction sign on a building site with an area of 32 square feet. The requested variance would allow the second sign. Alderman Schaefer suggested in the future applicants be advised to place all pertinent information on a single construction sign. Alderman Condon noted the sign ordinance is currently being reviewed by the Community Development Committee and stated construction signs could be reviewed during this process. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to grant a variance to allow a second 4' X 8' construction sign at 4401 Veterans Parkway to announce the funding information for the new Family Services and Community Mental Health facility. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. LEASE AGREEMENT FOR MAIN STREET STATION—TREY AND TOM CORP City Administrator Maxeiner informed Council in response to a request from Trey ' Covalt of Main Street Station, a review has been completed of the existing lease with Trey and Tom Corporation for the premises. Mr. Covalt requested the City consider three issues: November T, 2005 Page 3 1. Commuter parking in the restaurant tot; 2. Reduction in the specked rent in light of area restaurant rental rates; 3. Cap on tenant's annual exposure of sanitary sewer backup repairs. City Administrator Maxeiner noted the City has no means of addressing where commuters park in the lot. The City has reviewed the going restaurant rental rates in the area and has discerned a rate of$6/square foot would be equitable. This would equate to a monthly rent of $950/month which the City is suggesting be retroactive to September 1, 2005. Finally, Staff is suggesting an annual $500 cap on sanitary sewer backup expenses for the tenant. Alderman Murgatroyd opined the proposed rental agreement including a reduction in the rent and the cap on the tenant's sanitary sewer back repair exposure is more equitable. In response to Alderman Condon's inquiry, City Administrator Maxeiner stated the cap would be applicable to solely the sanitary sewer repairs, and the remainder of the tenant's incidental repairs would be capped at $2,500 annually as originally stated in the lease. Responding to Alderman Santi's question, City Administrator Maxeiner noted the lease expires in 2008 with a year to year option for extension after that tern. Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to: 1. direct City Attorney McArdle to amend the current lease agreement between the City of McHenry and Trey and Tom Corporation adjusting the rent to $950 per month effective September 1, 2005; 2. to provide a $500 cap on the tenant's annual exposure for sanitary sewer repair And maintenance issues; 3. to extend the lease agreement until September 1, 2008; 4. to authorize the Mayor's execution of the lease upon completion by City Attorney McArdle. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: ESTABLISHMENT OF HONORARY STREET NAMING PROGRAM Assistant to City Administrator Martin reported the Public Works Committee recommended the implementation of an Honorary Street Naming Program. Staff has researched this program which is available in several other area communities. Assistant Martin noted a draft program including criteria and application have been provided to Council for review and direction. t Motion by Schaefer, seconded by Wimmer, to direct Staff to prepare an Honorary Street Naming Policy utilizing the following criteria for evaluation of the designation: November 7, 2005 Page 4 1. Historical and cultural influence of the applicant on the City; 2. Proof of significant lineage to the City; 3. Clear geographical relationship of the street to the area of interest of the applicant; 4. Clearly proven relationship, by Plat of Subdivision, Plat of Dedication, Deed or other form of legal correlation of applicant to the streetlarea in question; 5. Honoree should be known to be of good moral character. Discussion ensued regarding the criteria which could be utilized to determine the advisability of naming a street in someone's honor. Considerable discussion occurred regarding the person being of good moral character versus the person never having been convicted of a felony. Alderman Schaefer amended his motion to include: S. Honoree should never have been convicted of a felony. Alderman Glab opined the fact that a person having been convicted of a felony should not prohibit himther from having a street named in their honor should they do something worthy of having that distinction. He stated he could not support such a criteria. Discussion continued. Alderman Wimmer withdrew his second to the original motion. Alderman Condon seconded the amended motion which now reads as follows: Motion by Schaefer, seconded by Condon, to direct Staff to prepare an Honorary Street Naming Policy utilizing the following criteria for evaluation of the designation; 1. Historical and cultural influence of the applicant on the City; 2. Proof of significant lineage to the City; 3. Clear geographical relationship of the street to the area of interest of the applicant; 4. Clearly proven relationship, by Plat of Subdivision, Plat of Dedication, Deed or other form of legal correlation of applicant to the street/area in question; 5. Honoree should be known to be of good moral character. 6. Honoree should never have been convicted of a felony. Alderman Condon noted the six items were merely criteria subject to Staff and Council consideration. Assistant Martin concurred- noting the criteria were open to interpretation. Alderman Schaefer questioned how the policy could be enforced. He noted he would not wish the establishment of the program be denied because of the felony conviction issue. Alderman Murgatroyd inquired who would review and approve the applications. — Assistant Martin responded the Mayor would review the applications and make a recommendation to Council for approval or denial. Council would act upon the Mayor's recommendation. Alderman Murgatroyd. opined including the language regarding the felony conviction might be-too strong. November 7, 2005 Page 5 City Administrator Maxeiner .clarified Staff would initiate the review process. All applications would be reviewed by the Mayor and forwarded to City Council for formal action. Alderman Peterson stated he could not support the inclusion of language regarding felony convictions. Alderman Schaefer withdrew his amended motion. Alderman Condon withdrew her second. Motion by Schaefer, seconded by Condon, to direct Staff to prepare an Honorary Street Naming Policy utilizing the following criteria for evaluation of the designation., 1. Historical and cultural influence of the applicant on the City; 2. Proof of significant lineage to the City; 3. Clear geographical relationship of the street to the area of interest of the applicant; 4. Clearly proven relationship, by Plat of Subdivision, Plat of Dedication, peed or other form of legal correlation of applicant to the street/area in question; 5. Honoree should be known to be of good moral character. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. —- COMMITTEE RECOMMENDATION: EXTENSION OF EXCLUSIVE SCAVENGER LICENSE CONTRACT- MARENGO DISPOSAL COMPANY Director of Public Works Marcinko stated Staff has been working with Marengo Disposal Company to draft an extension to the existing Scavenger Service contract with the City of McHenry. The Public Works Committee has reviewed the terms of the revised contract and recommended approval. The contract would be extended until May 31, 2012 and include the following rates: Year Bags Refuse Toters Yardwaste Stickers 6/1/04-5/31/05 $2.03 $22.81 $1.85 6/1/05-5/31/06 $2.11 $23.52 $1.91 6/1/06-5/31/07 $2.17 $24.23 $1.97 6/1/07-5/31/08 $2.22 $24.96 $2.03 6/1/08-5/31/09 $2.26 $25.00 $2.03 6/1/09-5/31/10 $2.29 $25.00 $2.03 6/1/10-5/31/11 $2.32 $25.00 $2.03 6/1/11-5/31/12 $2.32 $25.00 $2.03 Director Marcinko noted the other significant change would be the availability of recycling toters for the residents. A 35-gallon recycling toter would be available free to "`- charge to each resident served by the contract. A 65-gallon recycling toter would be available for a one-time fee of $10 to each resident served by the contract. Director Marcinko stated each recycling toter would be coded with the residential address on the November 7, 2005 Page 6 front for easy identification. Director Marcinko stated Section 7, entitled Specifications for Household Hazardous Waste Drop-Off, has been deleted in its entirety and is being replaced with the following language relating to Condominium Associations: "Service to Condominium Associations Contractor agrees that Whispering Oaks Condominium Association and Water's Edge Condominium Association shall participate in this agreement under the same terms as offered to- single family residents of the City. For billing purposes, each unit in these Associations shall be considered a "residence". Contractor agrees to provide backdoor service to those condominium associations at no additional cost. The Associations will indemnify Contractor for any driveway or lawn damage resulting from backdoor service. Contractor's obligation to provide services to these Associations shall be contingent upon the expiration of any existing contracts said Associations may have with other waste haulers." Alderman Condon inquired where residents would be able to dispose of household hazardous waste. Director Marcinko responded the McHenry County Defenders have a hazardous waste recycling program Responding to an inquiry, Director Marcinko stated residents may continue to use ,— their recycling bins in addition to or in lieu of the recycling toters. Motion by Glab, seconded by Santi, to accept the recommendation of the Public Works Committee to approve and authorize the Mayor's execution of an extension of the exclusive scavenger license with Marengo Disposal Company until May 31, 2012 as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO WAIVE BIDDING REQUIREMENTS AND AWARD CONTRACT FOR IMPROVEMENTS TO WHISPERING OAKS WALKING PATHS — PERFORMANCE PAVING. $49,500 Director Marcinko reported attempts have been made to secure proposals from area pavers for the resurfacing of the Whispering Oaks Walking Paths. Due to the difficulty in gaining access to the paths in order to complete the required work, there has been little interest shown in response to the request for proposals. Many of the firms who might otherwise have been interested in pursuing this project do not have the smaller equipment required to complete the project effectively. Director Marcinko stated to date only two proposals have been received. The lowest responsible proposal was submitted by Performance Paving in the amount of$49,500 for a specified portion of the Whispering Oaks Walking Paths. In an effort to complete a portion of this project this fall, Staff is requesting the waiver of bid requirements and accepting the November 7, 2005 Page 7 proposal from Performance Paving in the amount of $49,500 for a speck portion of this project. In response to Alderman Murgatroyd's inquiry, Director Marcinko stated this project was included in the 2005-2006 budget in the amount of$50,000, Responding to City Administrator Maxeiner's inquiry, Director Marcinko reported letters notifying all property owners abutting the portion of the path to be resurfaced will be hand delivered on Tuesday, November 8, 2005. Motion by Glab, seconded by Wimmer, to accept Staffs recommendation to waive the bid requirements and to accept the proposal of Performance Paving to resurface a specific portion of the Whispering Oaks Walking Paths in an amount not-to-exceed $49,500. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay; None. Absent: None. Motion carried. CHANGE ORDER FOR SWWTP EXPANSION AND IMPROVEMENTS Director Marcinko stated following Smith Engineering's review of the proposed South Wastewater Treatment Plant (SWWTP) expansion and improvements, it has been determined that changes amounting to $427,205.05 should now be deducted from the original contract. Director Marcinko noted most of the reduction is a result of removing the Grit Removal System which would have to be modified in less than five years. It was determined it would be most cost effective to delay the construction of this system at this time. Alderman Murgatroyd inquired if the Grit Removal System would be constructed during the next phase of the SWWTP expansion. Director Marcinko replied in the affirmative. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a change order in the amount of$427,205.05, thereby reducing the proposed cost of the SWWTP expansion and improvements from $4,954,000 to $4,526,794,95. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO ENTER INTO THREE YEAR AGREEMENT — MICROSOFT SOFTWARE ENTERPRISES, $62,643 Assistant to City Administrator Martin reported Staff is seeking authorization to enter into a three-year software agreement with Microsoft for Office Pro, Windows Pro and Core Client Access License for 80 users. Assistant Martin noted the cost of the three-year contract would be $62,643 with a first year cost of$17,680 with the total cost to be phased in over three years. The budgeted amount for this year's software line item is $15,750. November 7, 2005 Page 8 Alderman Murgatroyd opined the proposed enterprise agreement makes good fiscal sense, particularly in light of the $3,200 value technical support at no cost to the City. In response to Alderman Murgatroyd's inquiry, Assistant Martin noted the agreement provides for 80 users. There are currently 100-120 municipal users at this time. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to enter into a three-year agreement with Microsoft Software Enterprises in the amount of $62,643 with a first year cost of$17,680 for 80 users. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low commended Mr. and Mrs. Darick Franzen on the successful Antique Tractor Show held last weekend at the Petersen Farm Homestead. Mayor Low announced the monthly McHenry County Council of Governments meeting is scheduled for November 16, 2005 at Joey Ts in McHenry. It is being hosted by the Villages of Ringwood and McCullom Lake. Mayor Low also announced the Annual ,Christmas Walk will be held Sunday, November 13, 2005 from 10:00 a.m. until 2.00 p.m. The parade will begin at noon. COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer announced a meeting will be held on Monday, November 14,2005 at 6:30 p.m. in the Aldermen's Conference Room. Parks and Recreation Committee Chairman Alderman Peterson announced a meeting is scheduled for Wednesday, November 9, 2005 at 7:00 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Peterson inquired if any security system was planned for the Petersen Farm Homestead. Director of Parks and Recreation Merkel stated the farmhouse is connected to the City's police alarm panel. Video surveillance is also in place, as well as regular patrol by the City's Police Officers. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition at 8:20 p.m. Voting Aye: $anti, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. November 7, 2005 Page 9 Motion carried. -- Council went into Executive Session at 8:27 p.m. Motion by Wimmer, seconded by Santi, to gb back into Open Session at 8:43 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:43 p.m. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:44 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:44 p.m. . l 0-4 MAYOR DEPUTY CLERK