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HomeMy WebLinkAboutMinutes - 04/18/2005 - City Council REGULAR MEETING APRIL 18, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, April 18, 2005 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 Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Community Relations Management Assistant Hobson, City Administrator Assistant Martin. Absent: Director of Finance Kline. TEEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Bolger, to approve the Consent Agenda as presented: A. Resolution allocating the required 20% local match for Lillian Street Improvements Project; B. 2005/2006 Agreement with Advantage EAP Employee Assistance Program; C. Resolution recognizing Friday, April 29, 2005 as Arbor Day in the City of McHenry; D. Proposal from Parking Lot Services to pave the Water Treatment Plant No 2 Parking Lot E. Picnic Permit Requests; F. City Council Minutes: a. February 7, 2005 regularly scheduled meeting; b. February 14, 2005 regularly scheduled meeting; c. February 21, 2005 regularly scheduled meeting. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. _REQUEST FOR USE OF PETERSEN PARK FOR 2ND ANNUAL SNOWMOBILE WATERCROSS EVENT AND CARNIVAL — RIVER BEND LP SEPTEMBER 30 2006 THROUGH OCTOBER 2, 260 Community Relations Management Assistant Hobson reported the request to utilize Petersen Park is similar to last year's request for the initial snowmobile watercross event. There were no concerns raised following last year's event. It was a well-run family event. The request to use the park this year also includes a carnival. Management Assistant Hobson noted Applicant Robert Andronowitz, representing River Band Limited Partnership, ti was in attendance to respond to any questions this evening. Alderman Bolger stated last year a complaint was received from a nearby resident. Management Assistant Hobson noted the City responded to the complaint and attempted April 18, 2005 Page 2 to address their concerns. Alderman Condon inquired if the City could expect a similar donation to the City's parks as was presented last year following the success of the event. Alderman Condon noted the contribution last year of $1,000 was utilized in restoring and/or improving park lands. Mr. Andronowitz responded it is River Bend's intent to once again make a donation to the City; the amount will be based upon the financial success of this year's event. A brief discussion occurred regarding the hours of the carnival. Alderman Condon suggested the carnival close at 9 p.m. In response to Alderman Murgatroyd's inquiry, Management Assistant Hobson stated the carnival would be located on the site where it is set up for the Lion's Club and Fiesta Days. Responding to further inquiry, Mr. Andronowitz stated following the conclusion of the races. The beachfront area would be secured while the carnival remained open. Some discussion followed regarding the environmental impact of the snowmobiles on the area. Mr. Andronowitz noted all fluids are vegetable based and biodegradable. Alderman Peterson inquired as to the carnival hours of operation. Management Assistant Hobson responded noting the hours are similar to Fiesta Days hours. Alderman Murgatroyd commented on the event held last year, noting everyone was well-behaved and it was very entertaining. Mayor Low concurred with Alderman Murgatroyd, stating it was well-organized and enjoyable. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to approve the following: 1. Temporary waiver of Municipal Code Chapter 13, Section 13-902 allowing for the operation of snowmobiles in a City Park; 2. Use of Petersen Park for a Snowmobile Watercross Event on McCullotn Lake on October 1, 2005 and October 2, 2005; 3. Permission to hold a carnival in conjunction with the Snowmobile Watercross Event on September 30, 2005 through October 2, 2005. Voting Aye: Bolger, Low, Murgatroyd` Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR SPECIAL EVENT LIQUOR LICENSE FOR 2ND ANNUAL SNOWMOBILE WATERCROSS EVENT— RIVERBEND LP Mayor Low stated the request for a Special Event Liquor License from River Bend Limited Partnership is identical to last year's request. In response to Alderman Peterson's inquiry, Mr. Andronowitz stated a private security firm is hired which conducts the wristbanding for age restrictions for alcohol consumption. Responding to Alderman Bolger's inquiry, Management Assistant Hobson stated the April 18, 2005 Page 3 fee for a Special Event Liquor License is $25. Alderman Bolger opined this would not be an appropriate place to serve alcoholic beverages. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve a Special Event Liquor License for the 2"d Annual Snowmobile Watercross Event as requested by River Bend Limited Partnership for the event to be held October 1, 2005 and October 2, 2005 at Petersen Park subject to the following conditions: 1. Alcohol will not be allowed in the restricted race pit area; 2. Alcohol will not be allowed in the carnival area; 3. Alcohol sales will not begin until noon each day of the event; 4. Alcohol will not be allowed outside the confined festival area; 5. Event security will be arranged each day of the event; 6. Wrist-banding and identification checks will occur each day of the event. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. ORDINANCE GRANTING FINAL PLAT OF SUBDMSION APPROVAL — NORTH GATE EAST DEVELOPMENT Alderman Condon left the Council Chambers. Director of Community Development Napolitano reminded Council the Northgate East Final Plat was presented for review at Council's April 4, 2005 regularly scheduled meeting. Staff was directed to prepare an ordinance approving the plat. Director Napolitano stated the outstanding issue related to the Village of Johnsburg and a proposed access between the subject property and the property to the north. Director Napolitano stated Staff had met with Attorney Samuel Diamond and Village of Johnsburg officials to discuss the access. Staff believes agreement has been reached with the Village of Johnsburg officials. In all likelihood the subdivision would have to be re- platted when the exact location of the outlots is determined, as well as the size and location of the main subdivision lot. Director Napolitano stated the north-south access would be finalized once all of this information is known. At that time, Council will once again review the subdivision and provide input as to the exact location of the subdivision access point. Responding to Alderman Murgatroyd's inquiry, Director Napolitano stated there is a chance the subdivision would not be reconfigured, however, it is unlikely. He suggested the developers would ultimately want to create outlots which would require re-platting or seek variances to allow more than one building on a zoning lot. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an ordinance granting approval of North Gate East Subdivision Final Plat as prepared by Vanderstappen Surveying Inc. dated 3/30/04 and bearing a latest revision date of 6/01/04, subject to the Final Plat being recorded within six months of Council April 18, 2005 Page 4 approval. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Alderman Condon returned to the Council Chambers at 7:45 p.m. REQUEST FOR CLASS F1 LIQUOR LICENSE FROM ROUTE 120 LIQUORS D/B/A TOOLLAND & LIQUORS: ORDINANCE INCREASING THE NUMBER OF F1 LICENSES FROM TWO TO THREE AND DECREASING THE NUMBER OF F2 LICENSES FROM 11 TO 10 Mayor Low stated when Toolland changed hands last year Mr. Shah became the owner. At that time a discussion occurred between Mayor Low and Mr. Shah regarding changing the liquor license from F2 to F1 and Mayor Low suggested Mr. Shah wait a year and the request would be re-evaluated. Mayor Low stated she is recommending the liquor license for Toolland be changed from F2 to F1 at this time, permitting more than 50% of the public sales area of the premises to be used for alcoholic beverages. In response to Alderman Condon's inquiry, City Administrator Maxeiner reported Toolland experienced one violation in December 2004 resulting from the sale of alcohol to a minor. He stated all conditions of the Agreed Order have been satisfied and Mr. Shah and the manager have attended Basset Training. Motion by Bolger, seconded by Condon, to accept the Mayor's recommendation as follows: • Change Toolland's liquor license from F(2) to F(1); and • Approve an Ordinance amending the Municipal Code, Chapter 4, Section 4-6(4) increasing the number of Class F(1) liquor licenses from two (2) to three (3) and decreasing the number of Class F(2) liquor licenses from eleven (11) to (10). Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAIN STREET WATER MAIN IMPROVEMENTS PROJECT: 1) WAIVE BID REQUIREMENTS: 2) APPROVE AWARD OF CONTRACT TO THELEN SAND AND GRAVEL. $38,455 3) APPROVE BUDGET AMENDMENT TO 2004-2005 BUDGET IN UTILITY IMPROVEMENTS FUND. $38,465 Director of Public Works Marcinko reiterated that at the May 20, 2002 regular City Council meeting Council approved city engineer, Smith Engineering Consultants, Inc.'s proposal for the engineering and preparation of contract plans and specifications for the April 18, 2005 Page 5 Main Street water and sewer main improvements. Director Marcinko stated the project is located on Main Street at the Union Pacific Railway and includes connecting two dead-end -- water mains under the railroad right-of-way. He noted the project has been delayed until the completion of the State Route 120 reconstruction project to enable traffic on Main Street to proceed unimpeded. Director Marcinko informed Council that Staff would be completing the majority of the work. However, the City does not possess the capability to perform directional drilling under the railroad tracks. Consequently, an outside contractor is required to provide the service. Staff is suggesting that rather than incur the expense to have engineers prepare specifications for a bid process it would be expedient to waive the bid requirement and arrange for the work through a quote process. Director Marcinko stated three proposals were requested and two received for the directional drilling of approximately 350 feet of water main under the Union Pacific Railway. Thelen Sand & Gravel, Inc. provided the lowest quote of $38,455. He noted the proposed improvement would increase the water quality for the businesses and residents in the vicinity serviced by the water main. Director Marcinko informed Council the project was originally budgeted in 2001/2002 and the project has long been closed. This project would require a budget amendment to the 2004/2005 budget in the Utility Improvement Fund in the amount of $38,455 for Thelen Sand & Gravel to proceed with the improvement. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to: • Waive bid requirements; • Approve a proposal from Thelen Sand & Gravel, Inc. for the Main Street Water Main Improvements, in an amount not-to-exceed $38,455; and • Approve a budget amendment to the 2004/2005 Budget in the Utility Improvement Fund, in the amount of$38,455. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID FOR THREE-YEAR CONTRACT FOR MUNICIPAL LANDSCAPE SERVICES—ACRES GROUP IN THE AMOUNT OF $79,500 Director of Public Works Marcinko reiterated that at the January 17, 2006 regular City Council meeting Council approved a request to solicit bids for the city landscape service contract. The bid opening yielded seven bidders. Staff analyzed each of the bids and recommends awarding the contract to Acres Group of Wauconda, Illinois. Director Marcinko informed Council that the Acres Group's bid of $2,650 per week '�-- represents an annual cost of $79,500 based on an as-needed basis, or approximately thirty mowings per year. He noted the bid price of $2,650 would be honored through the duration of the proposed 3-year contract, which would be effective from May 1, 2005 April 18, 2005 Page 6 through April 30, 2008. Alderman Glab requested a breakdown from Staff regarding where the mowings would take place. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to award a 3-year city landscape service contract to Acres Group, in an amount not-to- exceed $79,500. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO: 1) ADVERTISE FOR BIDS FOR WATER TREATMENT PLANT NO 2 FLOOD PROOFING PROJECT: 2) WAIVE BID REQUIREMENTS FOR WELL NO 5 PLOOD PROOFING: AND: 3) AWARD CONTRACT FOR WELL NO 5 FLOOD PROOFING TO WATER WELL SOLUTIONS SERVICE GROUP IN AN AMOUNT NOT-TO EXCEED $26,412 Director Marcinko informed Council that during a compliance inspection by the Illinois Environmental Protection Agency (IEPA) in the spring of 2002 it was noted that Water Treatment Plant No. 2 and Well No. .5, located at 1401 Beach Road, might have been constructed within a floodway. Having received the information from the IEPA Staff entered into a contract with Woodstock Land Surveyors, Inc. to perform a topographic study in order to determine the elevations of the well and water treatment plant. The survey confirmed the finished floor elevation of Water Treatment Plant No. 2 is below the base flood elevation requirement. Director Marcinko noted this was not an issue when the water treatment plant and wells were originally constructed in 1978, as FEMA had not yet established the base flood elevation. Director Marcinko stated that at the July 19, 2004 regular City Council meeting Council authorized City Engineer Baxter & Woodman to evaluate and design the necessary flood proofing improvement to Water Treatment Plant No. 2 and Well No. 5, in an amount not to exceed $14,500. Director Marcinko informed Council that Baxter & Woodman have completed the plans and specifications for the proposed improvements consisting of concrete and masonry work, and ventilation modification, to flood proof the existing water treatment plant and well. Staff recommends completing the flood proofing of the water treatment plant separately from the well to allow the City to have better control over the well contractor, potentially resulting in saving additional subcontractor costs, which might be passed on through the contractor. Staff recommends soliciting bids for the flood proofing of Water Treatment Plant No. 2, while contracting for the Well No. 5 improvements through a quote process. Director Marcinko noted Staff has obtained two quotes for the rehabilitation and flood proofing of Well No. 5. The lowest quote was submitted by Water Well Solutions Service Group of April 18, 2005 Page 7 Oconomowoc, Wisconsin, in the amount of$26,412. Alderman Bolger opined that the cost is excessive. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to authorize advertisement for bids for Water Treatment Plant No. 2 Flood Proofing Project Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Murgatroyd, to accept Staffls recommendation to wave bid requirements for the Flood Proofing Project for Well No. 5; and to award a Contract to Water Well Solutions Service Group, Inc., in an amount no to exceed $26,412. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND DEPORT There was no Mayor Statement or Report. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS City Administrator Maxeiner requested that Director of Parks and Recreation Merkel provide an update on the Park Master Plan Sessions. FUTURE AGENDA ITEMS Alderman Bolger inquired about the status of the Riverwalk Project. Mayor Low informed Council that information was received from VOA today and following Staffs review on Wednesday the information would be provided to Council. ADJOUItNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:01 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The7Meeting was adjourned at 8:01 p.M. MAYOR CL K