HomeMy WebLinkAboutMinutes - 03/14/2005 - City Council REGULAR MEETING
MARCH 14, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, March 14, 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 Finance Kline, Director of Community Development
Napolitano, Director of Parks and Recreation Merkel, Community Relations Management
Assistant Hobson, City Administrator Assistant Martin. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as
presented:
A. Request to Advertise for Bids for Construction of Elevated Water Storage Tank
No. 4;
B. Request for Temporary Use from First Baptist Church, 509 North Front Street;
C. City Council Minutes:
a. January 3, 2005 regularly scheduled meeting;
b. January 17, 2005 regularly scheduled meeting;
c. January 24, 2005 special meeting;
D. As-Needed Checks:
ADAMS MEMORIALS 6 MEMORA 357.28
AFLAC 1,786.00
AMERICAN PLANNING ASSOCI 45.00
APWA 315.00
BADGER METER INC 450.00
BENEFIT SYSTEMS S SERVIC 41,240.63
CARMICHAEL CONSTRUCTION 9,373.73
CICCI DANCE SUPPLIES INC 10.00
COUNTY CLERKS OFFICE 10.00
DEL'S ELECTRIC SERVICE I 1,650.00
FBI NAA 280.19
FOP UNITS I/II 1,716.00
GOVERNMENT FINANCE OFFIC 38.00
IAHPC 80.00
ILEAS 200.00
ILLINOIS ASSOCIATION OF 135.00
ILLINOIS DEPARTMENT OF P 1,204.00
ILLINOIS DEPT OF NATURAL 681.00
MCHENRY COUNTY CHIEFS OF 36.00
NATIONAL GUARDIAN LIFE I 123.83
NCPERS GROUP LIFE INS. 279.00
NEXTEL COMMUNICATIONS 6,050.14
POSTMASTER MCHENRY IL 1,138.95
SAFARI LAND LLC 210.00
SECRETARY OF STATE/INDEX 10.00
SSMG 729.00
UNITED PARCEL SERVICE 126.88
UNITED STATES LIFE INSUR 1,185.30
WALMART COMMUNITY BRC 296.72
GRAND TOTALS 69,757.65
FUND TOTALS
GENERAL FUND 18,243.23
DEVELOPER DONATION FUND 9,373.73
WATER/SEWER FUND 900.06
EMPLOYEE INSURANCE FUND 41,240.63
TOTALS 69,757.65
March 14, 2005
Page 2
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO CONNECT TO MUNICIPAL SANITARY SEWER SYSTEM —JILLIAN AND
MICHAEL DOERSAM, 2919 LINCOLN ROAD
Director of Community Development Napolitano informed Council he received a
letter from Applicants Michael and Jillian Doersam, residents of the property located at
2919 Lincoln Road. Director Napolitano stated the Applicants' septic system is failing and
they are requesting connection to the City's municipal sanitary sewer system.
Director Napolitano indicated Staff has no concerns with the Applicants' request and
supports the proposed connection. He stated sanitary sewer is available along Lincoln
Road. Council has previously approved the connection of two other properties on Lincoln
Road upon payment of non-resident fees and the requirement that the property owner
annex the property to the City within 90 days of becoming contiguous.
Motion by Bolger, seconded by Murgatroyd, to accept Staff s recommendation to
approve the connection to the City of McHenry municipal sanitary sewer system of the
property located at 2919 Lincoln Road, subject to the following: —
1. The property being annexed to the City within 90 days after becoming contiguous to
the City limits;
2. Payment of required connection and capital development fees for non-residents.
Alderman Murgatroyd expressed concern regarding the Applicants specifically
stating in their letter to the City that they remain residents of the County of McHenry.
Director Napolitano informed Council he discussed this issue with the Applicants and they
understand the terms, and are willing, to annex to the City of McHenry within 90 days of
becoming contiguous.
Responding to Alderman Murgatroyd's concerns, City Attorney McArdle stated pre-
annexation agreement could be drafted between the City of McHenry and the Applicants
that would include the understanding that should applicants not annex to the City within 90
days of becoming contiguous, the sanitary sewer would be disconnected. City Attorney
McArdle stated the Pre-Annexation Agreement could be prepared and presented to
Council at a regularly scheduled meeting next month. He suggested two possible options
for Council's consideration:
1. An additional item be added to the Motion to include execution of a Pre-Annexation
Agreement within 30-days of approval by Council of Applicants' request to connect
to the Municipal sewer system; or
2. Make the Motion tonight based upon the Applicants' understanding and willingness
to annex to the City of McHenry within 90-days of becoming contiguous.
City Administrator Maxeiner informed Council that typically parties with failing septic
systems have a fairly urgent need. He indicated a postponement might create a hardship
March 14, 2005
Page 3
for the Applicants.
It was the consensus of Council to table the discussion until later in the Agenda to
allow Council to consider the options proposed by City Attorney McArdle in an effort to
reach a binding agreement tonight.
INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF A POLICE PATROL
CAR THROUGH STATE CONTRACT—VILLAGE OF JOHNSBURG
City Administrator Maxeiner informed Council that some time ago a downstate
municipality filed suit against Ford Motor Company claiming a defect in the Ford Crown
Victoria patrol cars that led to injuries to a police officer. Other entities included their
names in the suit as well, and the litigation became a class action suit. The class action
includes any entity that purchased the Crown.Victoria through state contract, unless they
opted out of the class action. Staff discussed the matter with Chief of Police O'Meara and
the City Attorney, and the City of McHenry opted out of the class action suit preferring to
address any defects in the vehicles through their own means.
Ford Motor Company has refused to sell any additional Crown Victoria models to
any entity remaining in the class action suit.
The Village of Johnsburg did not opt out of the suit in a timely enough fashion to be
able to purchase a Crown Victoria on this year's state contract. Consequently, Johnsburg
has a patrol car with over 200,000 miles on the speedometer which they are unable to
replace this year. The Chief of Police of the Johnsburg Police Department has requested
that Johnsburg piggy-back on the City of McHenry's order.
City Administrator Maxeiner indicated that ideally there would be other options for
replacing the squad cars for the Village of Johnsburg. However, the Village of Johnsburg
currently has Crown Victorias in their fleet and when an entity replaces a squad car they
typically transfer the internal cage, light bars and associated equipment to the new vehicle.
Consequently, if they were to replace the Crown Victoria with another vehicle, much of the
existing equipment would not be transferable, thereby significantly increasing the cost of
the squad car.
Staff recommends approval of an Intergovernmental Agreement with the Village of
Johnsburg and the addition of one squad car, as requested by the Village of Johnsburg, to
the City of McHenry's order through the state contract. City Administrator Maxeiner
assured Council the Intergovernmental Agreement protects the interests of both entities in
the arrangement, and stated that all costs associated with the purchase of an additional
squad car would be reimbursed.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
approve an Intergovernmental Agreement with the Village of Johnsburg to allow the
L purchase of a Ford Crown Victoria squad car through state contract.
March 14, 2005
Page 4
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID FOR SPRING 2005 TREE PLANTING PROGRAM — CASTLE
GARDENS, INC. $16,176
Director of Parks and Recreation Merkel informed Council that two park
development programs would be completed in the spring of 2005. Forty-five trees are
specified in the Petersen Park Waterfront Development. These trees were included in the
Illinois Department of Natural Resources (IDNR) Grant budget. The Freund Park ball field
development will have fifteen trees planted in the landscape berm behind the backstop and
sideline fencing. Additionally, Director Merkel noted the final phase of the Urban Forestry
Demonstration Project would be the planting twenty-four trees. He stated that this is the
largest contracted planting program scheduled due to the combination of the three
separate projects.
Director Merkel stated that bid specifications were prepared by Tom Schmidt, Park
Maintenance Superintendent/City Forester, for the spring 2005 Tree Planting Program.
Fifteen bids were received. The lowest bid was submitted by Castle Gardens of Volo,
Illinois, in the amount of$16,175.
Director Merkel informed Council all trees would be planted prior to May 27, 2005.
Responding to an inquiry from Council, Director Merkel stated the bid does not include the
plantings scheduled for the Arbor Day Celebration.
Motion by Condon, seconded by Peterson, to accept Staff s recommendation to
award the contract for the spring 2005 tree planting program to Castle Gardens, Inc., of
Volo, Illinois in an amount not-to-exceed $16,175.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID FOR PURCHASE OF PARK AND ATHLETIC EQUIPMENT TO
HOWARD L. WHITE AND ASSOCIATES, $24,866
Director Merkel informed Council that bid specifications were prepared and sought
for the purchase of park and athletic equipment for Petersen Park Waterfront Development
and Freund Field. Bids were opened on Tuesday, February 22, 2005.
Director Merkel stated the picnic tables, park benches, trash receptacles and
bicycle racks were included in the Petersen Park Waterfront Grant Program. The grant
budget for the items is $25,350 and the Illinois Department of Natural Resources (IDNR)
would reimburse the City for 50% of the costs. Director Merkel informed Council that in an
effort to take advantage of competitive pricing and bulk shipping rates, the Freund Field
bleachers and benches were included in the bid.
March 14, 2005
Page 5
Director Merkel stated the low bidder was Howard L. White &Associates, of Buffalo
Grove, Illinois, in the amount of$24,866. Director Merkel noted the bid is for the purchase
of equipment only as City crews would be assembling and installing the equipment.
Motion by Peterson, seconded by Murgatroyd, to accept Staffs recommendation to
award the bid for the purchase of park and recreation athletic equipment for Petersen Park
Waterfront Development and Freund Field to Howard L. White & Associates, in an amount
not4o-exceed $24,866.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE RESOLUTION APPROPRIATING MOTOR FUEL TAX (MFT) FUNDS TO
IDOT FOR REIMBURSEMENT OF THE 1998 GREEN STREET IMPROVEMENT
PROJECT
Director of Public Works Marcinko informed Council that Staff received a letter from
the Illinois Department of Transportation (IDOT) requesting reimbursement of $12,258.22,
which they indicate was overpaid to the City for engineering services for improvements
relating to the 1998 Green Street Improvement Project.
Director Marcinko acknowledged that on April 8, 1998 IDOT approved the utilization
of federal funds for construction engineering services to be provided by Hampton, Lenzini
& Renwick, Inc. for improvements to Green Street from Turnberry Drive to Charles Miller
Road. The agreement covered the use of federal funds for the project stating the federal
funds could be used for up to 80% of the construction costs, and for construction
engineering in an amount not4o-exceed 15% of the construction engineering share.
Director Marcinko stated the construction contract totaled $368,813.08. The federal
share of the construction, limited to 80%, amounted to $295,050.46. Construction
engineering, limited to 15% of the federal construction amount, is $44,257.57. IDOT
reimbursed the City in the amount of $56,515.80 for construction engineering, $12,258.23
more than authorized. Consequently, IDOT is now requesting reimbursement of the
overpayment.
Staff has reviewed the request from IDOT and acknowledges the oversight. As a
method of repayment Staff has checked the eligibility of MFT Funds and is requesting
Council approve an MFT Resolution in the amount of$12,248.23 for repayment.
Motion by Bolger, seconded by Glab, to accept Staff s recommendation to pass a
Resolution appropriating MFT Funds to IDOT for reimbursement of funds over the 15%
limit for engineering services provided on the 1998 Green Street Improvement Project, in
the amount of$12,248.23.
March 14, 2005
Page 6
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RENEWAL OF HEALTH INSURANCE PLAN FOR 2005/2006 PLAN YEAR
City Administrator Maxeiner informed Council the present health insurance plan
covering City of McHenry employees and retirees expires March 31, 2005. Renewal
quotes have been received and calculated. Based upon the information received, Staff
recommends the following:
• Approval of the quote from Majestic Standard Security for a $55,000 specific, for the
medical administrative and excess insurance portion of the Plan;
• Approval of the internal premium levels for medical, wellness/vision and prescription
benefits as follows:
Single Single+1 Family
Medical $398.09 $886.70 $1128.09
Employee Premiums $0 $56.42 $84.27
Retirees responsible for full premiums
• Approval of the internal premium levels for dental coverage as follows:
Single Single+1 Family
Dental $30.87 $48.73 $59.55
Employee Premiums $0 $16.02 $24.29
Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to
approve the renewal of 2005/2006 Plan Year Health Insurance Plan as presented:
• Approval of the quote from Majestic Standard Security for a $55,000 specific, for the
medical administrative and excess insurance portion of the Plan;
• Approval of the internal premium levels for medical, wellness/vision and prescription
benefits as follows:
Single Single+1 Family
Medical $398.09 $886.70 $1128.09
Employee Premiums $0 $56.42 $84.27
Retirees responsible for full premiums
• Approval of the internal premium levels for dental coverage as follows:
Single Single+1 Family
Dental $30.87 $48.73 $59.55
Employee Premiums $0 $16.02 $24.29
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO CONNECT TO MUNICIPAL SANITARY SEWER SYSTEM —JILLIAN AND
MICHAEL DOERSAM, 2919 LINCOLN ROAD
Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to
approve the connection to the City of McHenry municipal sanitary sewer system of the
property located at 2919 Lincoln Road, subject to:
• Payment of the required connection and capital development fees for non-residents;
and
March 14, 2005
Page 7
• Applicants' agreement to the property being annexed to the City of McHenry within
90-days after becoming contiguous to the city limits of the City of McHenry.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low expressed sadness regarding the death of former Alderman Raymond L.
Smith. Mayor Low informed Council that Alderman Smith served Ward 3 for twenty-nine
years. She suggested a tree be dedicated on Arbor Day, April 29, 2005, with a plaque in
memory of the former Alderman.
COMMITTEE REPORTS
Alderman Peterson informed Council the minutes from the Parks and Recreation
Committee meeting on March 3, 2005 have been executed and would be distributed to
Council with the Friday Report.
DEPARTMENT HEAD REPORTS
City Administrator Maxeiner acknowledged the proliferation of advertising signs
throughout the community belonging to a hot tub company. He noted the company has
been warned of the City's ordinances regarding signs in public right-of-way. He informed
Council Community Development Department personnel collected forty-five signs this
weekend throughout the City and the offending company has been ticketed in the amount
of$1,100.
FUTURE AGENDA ITEMS
Alderman Bolger informed Council that McHenry resident, Michael Nolan, 13 years
of age took first place in the vocabulary challenge, which took place in Aurora, and won
the State title. Alderman Bolger encouraged Council to join him in offering congratulations
to this talented young man.
EXECUTIVE SESSION: POTENTIAL LITIGATION AND PROPERTY ACQUISITION
Motion by Glab, seconded by Murgatroyd, to adjourn to Executive Session to
discuss Potential Litigation and Property Acquisition at 7:55 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Executive Session convened at 8:03 p.m.
t Motion by Glab, seconded by Murgatroyd, to go back into Open Session at 8:42
p.m.
March 14, 2005
Page 8
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:42 p.m.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:43 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Ltingwas adjoume t 8:43 p.m.
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MAYOR CITY LE