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Home My WebLink AboutMinutes - 08/13/2007 - City Council REGULAR MEETING AUGUST 13, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 13, 2007 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer (arrived at 7:32 p.m.), Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Attorney McArdle, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Finance Black, Director of Public Works Schmitt. Absent: City Administrator Maxeiner, Director of Community Development Napolitano. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION Wanda and Jack Jablonski of 3509 Biscayne Road addressed Council regarding the Oaks at Irish Prairie Subdivision. The stated they are buyers of a residence in the Town and Country Subdivision and noted, with regard to the Subdivision clubhouse, they were sold on purchasing in the subdivision largely due to the subdivision amenities, including the clubhouse and pool. Alderman Schaefer arrived at 7:32 p.m. Mr. and Mrs. Jablonski noted they were assured the City had approved the subdivision plans including a pool with the clubhouse. Mr. and Mr. Jablonski stated Town and Country has sent out a letter inquiring about residents' desire for a clubhouse; however, no pool was mentioned. They feel Town and Country has deceived potential home buyers who were shown pictures of a clubhouse with a pool, lockers, etc. They concluded, stating it is their hope Council, when considering the removal of the clubhouse in the subdivision, will suggest to Town and Country that a pool be constructed in the subdivision. Mayor Low assured the Jablonski's they would be contacted by Staff regarding their concerns. CONSENT AGENDA Alderman Glab requested that Consent Agenda Items A. Block Party requests, B. Ordinance approving various amendments to Municipal Code Chapter 10 Y, and C. Park Special Use/Picnic Permits, be removed for further discussion prior to action. Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as amended: D. List of As-Needed Checks: AFLAC 4,290.20 BAKKE, BRITTANY 150.00 BANKCARD SERVICES 1,946.00 BENEFIT SYSTEMS 6 SERVIC 23,587.94 BUSS FORD SALES 144,200.00 CAREY, THOMAS 2,829.50 EDWARDSVILLE PUBLISHING 223.56 FAIRMONT QUEEN ELIZABETH 595.08 FOGLESONG, HEATHER 336.94 FOP UNITS I/II 2,014.00 GLICK, FALLON 800.00 HOME DEPOT/GECF 1,578.42 HOME STATE BANK 6,325.00 HOWARD, ASHLEY 350.00 August 13, 2007 Page 2 HUBER, KELLY 125.00 ILLINOIS DEPARTMENT OF P 1,098.00 ILLINOIS FBI NA 40.00 IUOE, LOCAL 150 1,224.54 LAKE GENEVA CRUISE LINE 92.93 LANDSCAPE CONCEPTS CONST 47,596.51 LANG PONTIAC-CADILLAC-SU 14,500.00 LOCKER'S FLOWERS 63.25 MCGUIRE AQUATICS 518.00 MCHENRY BANK & TRUST 2,165,000.00 NEXTEL COMMUNICATIONS 2,258.04 NORTH SUBURBAN WATER 30.00 NWBOCA 50.00 PECORARO, ALYSSA 50.00 PEOPLE'S CHOICE FAMILY F 449.50 POSTMASTER MCHENRY IL 2,840.25 RAMADA INN 114.40 REDMOND, ASHLEY 200.00 RIDINGS INC, BOB 18,345.00 ROTH, CORKI E 1,500.00 SAM'S CLUB 1,245.27 SECRETARY OF STATE 560.00 SECRETARY OF STATE / POL 143.00 SPRINT 90.07 STAPLES CREDIT PLAN 27.44 STEFFENHAGEN, AMANDA 150.00 SWINNEY, SARA 75.00 TEAM REIL INC 9,458.00 TONYAN, MARIANNE 100.00 UNITED PARCEL SERVICE 171.94 UNITED STATES LIFE INSUR 1,266.30 VILLAGE SQUIRE OF MCHENR 487.40 WALMART COMMUNITY 397.63 WATSON, SARA 500.00 -� WOOD, ROLAND 120.00 GRAND TOTALS 2,460,114.11 FUND TOTALS GENERAL FUND 184,517.24 PAGEANT FUND 4,492.84 ANNEXATION FUND 300,000.00 DEVELOPER DONATION FUND 259,458.00 TIF FUND 47,596.51 DEBT SERVICE-1997A FUND 6,325.00 WATER/SEWER FUND 313,955.92 UTILITY IMPROVEMENTS FUND 1,320,000.00 EMPLOYEE INSURANCE FUND 23,587.94 RISK MANAGEMENT FUND 100.00 INFORMATION TECHNOLOGY FUND 53.87 RETAINED PERSONNEL ESCROW 26.79 TOTALS 2,460,114.11 E. List of Bills: ACCURINT FOR LAW ENFORCE 110.50 ACE HARDWARE, BJORKMAN'S 1,462.24 ACME BRICK & SUPPLY CO 456.00 ADAMS ENTERPRISES INC, R 269.02 ADAMS STEEL SERVICE INC 162.76 ADAMS, JOHN 442.96 AFTERMATH INC 245.00 ALEXANDER CHEMICAL CORP 3,483.25 ALEXANDER LUMBER CO 241.50 AMERICAN RED CROSS OF GR 128.96 AMERICAN SOLUTIONS FOR B 525.00 ANCHOR TOWING 75.00 ANDERSON, BRIAN 610.00 ANDERSON, CHRIS 210.00 ARAMARK WORK APPAREL & U 286.66 AT&T 6,398.26 B&W CONTROL SYSTEMS INTE 6f300.77 BAKER & SON CO, PETER 217.05 BASTIAN, THOMAS P 1,305.00 August 13, 2007 Page 3 BATTERYZONE INC 24.50 BAZAN, MICHAEL 1,240.00 ' BELL, ADAM C 660.00 BERNHARD, CONNOR 600.00 BERNHARD, DAVID 600.00 BOTTS WELDING & TRUCK SE 345.87 CALABRESE, TARA 65.00 CARQUEST AUTO PARTS STOR 538.87 CARRUTHERS, SARAH 27.50 CAUTHORN, KYLE 670.00 CDW GOVERNMENT INC 298.90 CENTEGRA OCCUPATIONAL ME 963.43 CHAPEL HILL FLORIST INC 42.00 CHICAGO INTERNATIONAL TR 984.28 CHRISTINE BAZAN, MAUREEN 670.00 CINTAS CORPORATION #355 996.62 COLLEGE OF DUPAGE 1,883.74 COMED 23,459.67 COMMUNICATIONS REVOLVING 115.00 CONAWAY, TINA 193.56 CONNEY SAFETY PRODUCTS 128.18 CONSERV FS 493.13 CONSTELLATION NEWENERGY 32,069.73 COUNTY CLERKS OFFICE 10.00 COUNTY MAP CO, THE 15.00 CRESCENT ELECTRIC SUPPLY 92.44 CUMMINGS, JOHN G 530.00 CURRAN CONTRACTING COMPA 1,342.12 D'ANGELO NATURAL SPRING 60.00 DELL MARKETING LP 223.67 DOCUMENT IMAGING DIMENSI 716.00 DREISILKER ELECTRIC MOTO 715.56 DURA WAX COMPANY INC, TH 70.50 ED'S AUTOMOTIVE/JIM'S MU 42.00 EPCO PAINT 179.58 FAST EDDIES CAR WASH 311.35 FINKBINER EQUIPMENT CO I 400.00 FISCHER BROS FRESH 3,523.33 FITNESS FIRST 336.31 FOX VALLEY CHEMICAL CO 551.41 FOXCROFT MEADOWS INC 758.82 FREUND, MICHAEL R 390.00 FREUND, ROBERT L 600.00 FUNK, PAUL D 121.25 G IMPRESSIONS INC 273.00 GANDOR, MARK 8.00 GIZMO PROPERTIES 30.00 GOLD MEDAL PRODUCTS 1,613.47 GOVERNMENT FINANCE OFFIC 360.00 GREAT LAKES FIRE & SAFET 108.00 GREEN CLEAN CLEANERS 30.00 GROWER EQUIPMENT & SUPPL 187.99 HARM'S FARM 188.72 HARRIS, TIMOTHY 348.28 HEALTH COMMUNICATIONS IN 312.10 HENRICKSEN 645.00 HIGDON, NILS 60.00 HYDRA-STOP INC 3,432.53 I-PAC C/O STEPHEN LEIGH 50.00 INNOVATIVE PACKAGING INC 8,733.00 INTERSTATE BATTERY SYSTE 23.76 IPMA-HR 330.00 J G UNIFORMS INC 92.22 JENSEN SALES CO INC, LEE 1,000.00 JONES TRAVEL & TOUR 1,350.00 JULIE INC 461.95 KALE UNIFORMS INC 1,114.90 KIMBALL HILL HOMES 30.00 KIMBALL MIDWEST 950.45 .`� KNAUF, MIKE 600.00 KTD INC 31.26 LAKESIDE PEST CONTROL SE 91.00 LANGE, MICHAEL 36.19 LEACH ENTERPRISES INC 98.94 August 13, 2007 Page 4 LOCKER'S FLOWERS 46.00 LUNDHOLM, KARL 210.00 MANNO, CORY 147.74 MAXEINER, DOUGLAS K 43.40 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 252.27 MCCARTHY, THOMAS M 766.50 MCHENRY ANALYTICAL WATER 553.00 MCHENRY COMMUNITY HIGH S 6,673.00 MCHENRY COMMUNITY SCHOOL 8,782.63 MCHENRY COUNTY COLLECTOR 29,507.86 MCHENRY COUNTY RECORDER 347.50 MCHENRY COUNTY SUPPLY IN 988.82 MCHENRY FIRESTONE 81.00 MCHENRY NAPA 2,134.11 MCHENRY PUBLIC LIBRARY 473.00 MCHENRY SPECIALTIES 369.00 MCHENRY TOWNSHIP FIRE PR 270.00 MCNEELY, TOM 650.00 METROPOLITAN INDUSTRIES 127.98 MEYER MATERIAL COMPANY 159.61 MID AMERICAN WATER OF WA 900.20 MIDWEST METER INC 19,192.16 MINUTEMAN PRESS OF MCH 189.05 MORALES, RYAN 670.00 MUNIMETRIX SYSTEMS CORP 2,670.00 NICOR GAS lf605.95 NORTH EAST MULTI-REGIONA 100.00 NORTHERN ILLINOIS MEDICA 1,912.00 NORTHWEST ELECTRICAL SUP 129.10 NORTHWEST HERALD 210.60 NORTHWEST NEWS GROUP OF 32.50 NORTHWEST TRUCKS INC 1,394.77 NOVARA AUTO GLASS 165.00 --�. NUTOYS LEISURE PRODUCTS 2,946.00 OCCUPATIONAL FOOTWEAR CO 333.45 OLSEN SAFETY EQUIPMENT C 1,322.00 OTTOSEN BRITZ KELLY COOP 347.00 PADRO, PEDRO 106.49 PAPA JOHNS PIZZA 426.00 PAYLINE WEST INC 803.48 PEPSI-COLA GENL BOT 658.85 PERRICON GARDEN CENTER & 380.00 PETROLIANCE LLC 15,672.74 PITNEY BOWES INC 179.95 POE, DAVE 600.00 POLARIS DIGITAL SYSTEMS 463.00 POTTS, MIKE 230.00 PROFESSIONAL INSPECTION 390.00 PUBLIC AGENCY TRAINING C 395.00 R & S DISTRIBUTORS INC 298.00 REGNER, WILLIAM J 179.92 RELIABLE SAND & GRAVEL 7,960.97 RHODES, DONALD E 670.00 RIDGEVIEW ELECTRIC INC 246.15 ROC CONSTRUCTION SUPPLY 240.15 SAMPSON, SCOTT 570.00 SCHLINDER, ANDY 70.00 SCHMITT, JON 65.13 SEC GROUP INC 220,342.80 SEMROW JR, HARRY H 97.50 SHARPE, TIMOTHY W 200.00 SHERMAN MECHANICAL INC 1,336.63 SHERWIN INDUSTRIES INC 2,923.50 SHORE GALLERIES INC 2,905.80 SIGARMS INC 473.00 SINGER, TARA 10.00 SMALE, GUY 162.27 SMARZEWSKI, JOHN 590.00 ST AUBIN NURSERY INC 3,695.00 ST PAULS EPISCOPAL CHURC 302.50 STATE TREASURER IDOT 5,912.79 STERNER, DAVID 600.00 SYNEK, JENNIFER 39.39 August 13, 2007 Page 5 TASHJIAN, JAMES 70.00 TASHJIAN, PETER 10.00 TAYLOR STREET PIZZA 80.00 TENNIS SUPPLY 126.30 THOMAS TRUCKING INC, KEN 230.00 TIPPS, GREG 660.00 TOALSON, BILL 140.00 TRAFFIC CONTROL & PROTEC 1,181.19 TRIEFENBACH, GORDEN 660.00 TURF PROFESSIONALS EQUIP 247.19 ULTRA STROBE COMMUNICAIT 169.99 UNITED LABORATORIES 321.39 UNITED RENTALS HIGHWAY T 127.94 USA BLUEBOOK 465.74 VALLEY VIEW ACRES 375.00 VIKING CHEMICAL COMPANY 9,249.85 WALSH, THOMAS M 5.95 WALTERS SWIM SUPPLIES IN 583.33 WASTE MANAGEMENT OF WI P 6,170.76 WATER PRODUCTS - AURORA 405.42 WATER SOLUTIONS UNLIMITE 2,860.00 WELCH BROS INC 132.00 WHOLESALE DIRECT INC 137.72 WILLIAMS ELECTRIC SERVIC 1,555.14 WITT, CINDY 49.78 WOOD, ROLAND 11.07 YOUNG REMBRANDTS INC 369.00 ZEP MANUFACTURING COMPAN 458.72 ZMT INC 1,760.18 GRAND TOTALS 515,913.88 FUND TOTALS GENERAL FUND 162,878.40 PAGEANT FUND 699.00 BAND FUND 13,250.00 ANNEXATION FUND 14,909.00 CAPITAL IMPROVEMENTS FUND 62,762.33 WATER/SEWER FUND 128,303.21 UTILITY IMPROVEMENTS FUND 118,601.61 RISK MANAGEMENT FUND 2,875.43 INFORMATION TECHNOLOGY FUND 5,803.18 RETAINED PERSONNEL ESCROW 5,631.72 POLICE PENSION FUND 200.00 TOTALS 515,913.88 F. City Council Minutes: August 6, 2007 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEMS: A. BLOCK PARTY REQUESTS B. ORDINANCE APPROVING VARIOUS AMENDMENTS TO MUNICIPAL CODE CHAPTER 10 % C. PARK SPECIAL USE/PICNIC PERMITS Alderman Glab inquired whether the markers on the PIQ maps for the block party requests were exact. Deputy City Administrator Martin responded the location on the map is based on the description provided by the applicant. Alderman Glab opined that Tyler Trail is a major street in Liberty Trails Subdivision. He noted he is not familiar with the traffic August 13, 2007 Page 6 patterns in the area, but suggested in the future major intersections not be blocked off for �.. block parties. Regarding the proposed amendments to Municipal Code Chapter 10 '/z, Alderman Glab stated he has an issue with Section 10 '/2 -9(e). He suggested this would open the doors to not-for-profit sales being conducted anywhere in the City. He opined they should be limited to their own premises and suggested language be included specifying this in the ordinance. Alderman Peterson stated that is a good point; however, frequently not-for-profit organizations do not own property. Alderman Glab inquired if the fees being charged for special use/picnic permits were appropriate. Director of Parks and Recreation Merkel responded the fees correlate with the number of persons anticipated to participate in the event. Alderman Glab stated he is satisfied with the explanations regarding Consent Agenda Items A, B and C. Motion by Wimmer, seconded by Condon, to approve the following Consent Agenda Items as presented: D. Block Party Requests: Steve Pool, Olde Mill Ponds Subdivision, August 25, 2007 Richard Levy, Liberty Trails Subdivision, September 2, 2007 Michael Coveny, Legend Lakes Subdivision, September 2, 2007 Dennis and Amy Whiteside, Winding Creek Subdivision, September 8, 2007; E. Ordinance Approving Various Amendments to Municipal Code Chapter 10 '/; F. Park Special Use/Picnic Permits. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM RIVERWALK FOUNDATION TO PROCEED WITH ENGINEERING SERVICES AGREEMENT FOR PRELIMINARY ENGINEERING OF MCHENRY RIVERWALK PHASE II Assistant City Administrator Hobson stated Staff made a presentation before the Riverwalk Foundation at its annual meeting held on June 20, 2007, Staff provided the Foundation with a status report on the Riverwalk Phase I. Following lengthy discussions regarding the current status of Phase I and possible sites for Phase II development, the Foundation voted to recommend that the City proceed with the preliminary engineering work on the Miller's Point to Route 120 segment of the Riverwalk. The Foundation declared its intent to underwrite the cost of the preliminary engineering for this portion of the project. The proposed engineering service agreement costs for Riverwalk Phase II to be reimbursed by the Foundation are: Topographic Survey and Easement Preparation $11,800 Preliminary (Concept) Engineering $ 9,800. August 13, 2007 Page 7 Assistant City Administrator Hobson stated it is Staffs recommendation to proceed with the Engineering Service Agreements as specified. Alderman Murgatroyd stated he approves the investigating aspect of the preliminary engineering work. He requested the City not be limited by the Foundation's available funds. Alderman Condon inquired about future development along Phase II of the Riverwalk. Assistant City Administrator Hobson responded the City is moving forward with the possibility of several projects. Alderman Condon expressed concern that the topographical survey would lock the City in to one location for the next portion of the Riverwalk. Assistant City Administrator Hobson stated there is no reason for concern. Alderman Santi noted this is a highly visible location for the next phase of the Riverwalk. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to approve the following Engineering Services Agreements regarding Riverwalk Phase II to be reimbursed by the McHenry Riverwalk Foundation: Topographic Survey and Easement Preparation $11,800 Preliminary (Concept) Engineering $ 9,800. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST TO APPROVE A RESOLUTION IN SUPPORT OF MCHENRY COUNTY TRANSPORTATION FUNDING — FROM PRESIDENT SCHMITT OF THE VILLAGE OF ALGONQUIN Mayor Low stated members of McHenry County Council of Governments (MCCG) have prepared a resolution in support of McHenry Country Transportation Funding. President Schmitt of Algonquin spearheaded the resolution and has requested all members of MCCG support its passage in an effort to obtain funding for the Algonquin Bypass. Mayor Low noted all other MCCG municipalities have already passed the resolution and requested Council consider its passage at this time. She opined if the City supports Algonquin in its efforts, when the City needs assistance in securing funding for transportation issues, MCCG entities will likewise support the City at that time. Alderman Condon stated MCCG is about municipalities uniting and supporting each other. Alderman Santi noted he is pleased the City of McHenry can participate in supporting Algonquin in this matter. Alderman Peterson stated whatever can move this transportation funding issue forward is good for the entire county. The City of McHenry and County of McHenry deserve .� to receive more than 620 on each dollar that is sent to the State of Illinois. August 13, 2007 Page 8 Motion by Condon, seconded by Santi, to accept the Mayor's recommendation to pass and approve an ordinance in support of McHenry County Transportation Funding. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: ADOPT A COST RECOVERY POLICY FOR EMERGENCY RESPONSE DISPATCHING SERVICE FEES Director of Finance Black stated in 2002 the City entered into dispatching service agreements with McHenry Township Fire Protection District, the Village of McCullom Lake and the Village of Johnsburg. The fee charged to each entity has not been increased since that time. During recent Finance and Personnel Committee discussions it was determined that: 1. The City should establish a dispatching fee policy that recovers the personnel expenses required to provide the services to outside agencies; 2. The City should determine a scheduled rate of adjustment to bring the revenue from the entities into compliance with the cost to provide the service; 3. The City should establish criteria for evaluating new requests to provide dispatch service. Director Black stated in order to ensure a more appropriate level of cost recovery, Staff and the Committee recommend setting fees based on the City's added personnel cost for providing services to other agencies. The City requires eight fulltime dispatchers, a supervisor, and 50% of the current overtime and part-time employee amount to dispatch for the McHenry Police Department. The remaining cost would be allocated to outside agencies based on their call volume. Director Black reported the Committee suggested a three-year rate adjustment period in order to bring the agencies into compliance with actual cost to provide the services. The three-year period would ultimately result in cost increases as follows: McHenry Township Fire Protection District 38.2% Johnsburg Police 57.8% McCullom Lake Police 18.0%. The resulting fees for the agencies would be: 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 MTFPD $ 98,612 $103,542 $108,720 $114,156 $119,864 Johnsburg $ 79,629 $ 83,611 $ 87,791 $ 92,181 $ 96,790 Police McCullom Lake $ 14,892 $ 15,637 $ 16,419 $ 17,240 $ 18,102 Police $193,133 $202,790 $212,930 $223,577 $234,756 Director Black noted the final matter discussed at Committee level concerned adding new service recipients if entities are willing to pay their fair share. It was the Committee's August 13, 2007 Page 9 recommendation to implement the fee recovery method and assess how the City's call volume impacts staffing prior to adding new service recipients. Alderman Murgatroyd stated it makes sense that while the City provides the dispatch service, the City should at least be recovering the cost to provide the service. He noted he does not object to providing assistance in the future, but further research should be done prior to furnishing this service to other entities. Alderman Wimmer acknowledged the efforts of Finance Director Black and the Finance and Personnel Committee. Motion by Murgatroyd, seconded by Schaefer, to accept the recommendation of the Finance and Personnel Committee to: 1. Establish a policy that recovers the personnel expenses required to provide dispatch services to outside agencies; 2. Pursue increases in dispatching fees to other agencies that will comply with the dispatching fee policy within three years (2010-2011 Fiscal Year); 3. Deny the request from other agencies to provide dispatching services for the 2007- 2008 Fiscal Year. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR THE REPAIR AND REPAINTING OF ELEVATED WATER STORAGE TANK #2 — SEC GROUP INC, IN AMOUNT NOT-TO- EXCEED $21,775 Director of Public Works Schmitt stated the 500,000-gallon Water Tower #2 in Tonyan Industrial Park was constructed in 1985. Now that the one million gallon Tower #4 at the southwest corner of Crystal Lake Road and Bull Valley Road has been completed, needed repair and maintenance of Tower #2 can be accomplished without interruption of service to the community. Director Schmitt noted Staff is requesting approval of an Engineering Services Agreement which includes inspection of the interior and exterior of Water Tower #2 for paint intactness and structural damage, and the review of safety requirements, health aspects of the tank and all exposed foundations. Staff is also requesting that the proposal include engineering work on modifications that will facilitate the installation of antennas to the top of the tank similar to other City-owned water towers. Director Schmitt stated it is Staff's recommendation to approve an Engineering Services Agreement with SEC Group in the amount not-to-exceed $21,775 for tower inspection and preparation of bid documents for the repair and maintenance of Water Tower#2. Alderman Santi requested an explanation about the 24 man-hours indicated to prepare the bid documents. Director Schmitt responded the 24 man-hours includes the time utilized by sub-contractors to inspect the structure and prepare all documentation needed for the bid process. August 13, 2007 Page 10 Alderman Glab stated he is glad to see Staff is doing preventative maintenance on the tower. Responding to Alderman Schaefer's inquiry, Director Schmitt noted the tower will be out of service while the tank is being sandblasted and painted. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to approve an Engineering Services Agreement for the Inspection of Tower #2 and Preparation of Bid Documents for its repair and maintenance with SEC Group in an amount not-to-exceed $21,775. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD CONTRACT FOR THE REHABILITATION OF WELL #8 — WATER WELL SOLUTIONS, IN AN AMOUNT NOT-TO-EXCEED $21,100 Director Schmitt stated Well #8 is located at the Malibu Court Tot Lot. It has sustained numerous repairs since its installation in 1988. Most recently the well failed in July 2007 and Water Well Solutions determined that the motor was the cause of the failure. Director Schmitt noted Staff had originally intended to seek authorization for rehabilitation of Well #8 this fall or early winter. However, with the failure of the motor at this time, it is more logical to complete the rehabilitation in conjunction with the motor replacement. As Water Well Solutions is in the process of working on the motor, Staff is seeking authorization to waive bid requirements and approve a proposal from Water Well Solutions to rehabilitate Well #8 in an amount not-to-exceed $21,100, exclusive of the pump and motor. Alderman Condon inquired about the difference in the amount mentioned in the letter provided by Water Well Solutions ($19,850) and the not-to-exceed amount of $21,100. Director Schmitt responded the difference is in the cost of televising the well. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to waive bid requirements for the rehabilitation of Well #8, and accept the proposal submitted by Water Well Solutions in the amount not-to-exceed $21,100. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. August 13, 2007 Page 11 REQUEST FOR AUTHORIZATION FOR THE CITY ATTORNEY TO PROCEED WITH NECESSARY LEGAL ACTION AGAINST THE OWNER OF PROPERTY LOCATED AT 3709 JAMES STREET FOR MULTIPLE CODE VIOLATIONS City Attorney McArdle noted he has been working with the Community Development Department regarding complaints filed regarding the property located at 3709 James Street. Following inspections of the building it was determined the structure is in fact dangerous and substandard. City Attorney McArdle stated the City provided notice to the owner that a written report from a licensed architect or structural engineer regarding the repair necessary to bring the building into compliance was required by July 27, 2007. The owner failed to respond to the notice. City Attorney McArdle stated Staff has requested necessary legal action to require the owner to make the necessary repairs. The Municipal Code requires that authorization is obtained from the City Council for the City Attorney to make application to the Circuit Court for injunctive relief. At this time Staff is seeking authorization to proceed with the necessary legal action against the owner of 3709 James Street for various code violations. City Attorney McArdle noted time is of the essence. City Attorney McArdle noted that Deputy Clerk Kunzer brought to his attention that code citations within the notification to the property owner were incorrect as Chapter 7 of the Municipal Code had recently been re-codified. City Attorney McArdle stated he will prepare a corrected notice to send to the property owner. The complaint will then be filed with the Circuit Clerk's Office fifteen days after the corrected notice has been served upon the owner. City Attorney McArdle stated this is a serious matter which needs to be addressed. Alderman Condon stated it is unfortunate the matter has reached this point, but legal action has become necessary due to the life safety issues involved. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to authorize City Attorney McArdle to proceed with necessary legal action on the owner of the property located at 3709 James Street for various code violations. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported on the City Band Concert Series noting the community has had a wonderful summer. Mayor Low noted Fireball 8 will be appearing again this Thursday at 7:30 p.m. at Veterans' Memorial Park. Mayor Low reported the CHARACTER COUNTS! Coalition of McHenry, together with the Cary Coalition, will be hosting a Back-to-School Bar-B-Que on August 25th at the Family Services and Community Mental Health Facility on Veteran's Parkway. Mayor Low announced the quarterly MCCG social gathering is being held on August August 13, 2007 Page 12 22nd at Niko's Grill and Pub in Huntley and encouraged anyone planning to attend to contact the Administration Department before Friday, August 17tn COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab expressed his displeasure at the number of www.ourmchenry.com signs appearing in the right-of-way lately. Assistant City Administrator Hobson responded the signs have not been authorized and are being removed by Staff whenever they appear. ADJOURNMENT Motion by Santi, seconded by Peterson, to adjourn the meeting at 8:26 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:26 p.m. MAYOR ITY CLE�n