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HomeMy WebLinkAboutMinutes - 03/31/2008 - City Council REGULAR MEETING MARCH 31, 2008 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, March 31, 2008 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, and Peterson, Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney Cahill, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Finance Black, Director of Public Works Schmitt, Chief of Police O'Meara. Absent: Director of Parks and Recreation Merkel. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Glab requested Consent Agenda Item D, Replacement bond from Centex Homes for Morgan Hills Subdivision Phase 2 in the amount of $298,357, be removed for further discussion. Motion by Glab, seconded by Wimmer, to approve the . Consent Agenda as amended: A. Ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles; B. Ordinance proposing the establishment of Backup Special Service Area #11 for the Townhomes of Prairie Lakes; C. Picnic/Special Use Permits; E. Ratification of 2008/2009 NISRA Budget; F. City Council Minutes: March 17, 2008 regularly scheduled meeting; G. List of Bills: A W TOOL SALES INC 103.00 ADAMS ENTERPRISES INC, R 508.53 ADAMS STEEL SERVICE INC 560.82 ALEXANDER EQUIPMENT COMP 77.70 ALL ABOUT PETALS & STEMS 20.00 AMERICAN SOLUTIONS FOR B 265.50 ARAMARK WORK APPAREL & U 281.97 AT&T 2,812.68 AT&T LONG DISTANCE 59.86 B&W CONTROL SYSTEMS INTE 1,096.24 BANKCARD SERVICES 975.03 BAXTER & WOODMAN 1,057.12 BENITEZ ELECTRICAL GROUP 3,000.00 BRANIFF COMMUNICATIONS I 910.08 BUSS FORD SALES 361.02 CDW GOVERNMENT INC 346.31 CENTEGRA OCCUPATIONAL ME 1,081.79 CENTURY SPRINGS 89.60 CHERNIAK, TODD 50.00 CHICAGO INTERNATIONAL TR 650.12 CLIFFORD-WALD 70.00 COIL RACING ENGINES 40.00 COMMUNICATIONS REVOLVING 115.00 CONSTELLATION NEWENERGY 31,183.79 CRESCENT ELECTRIC SUPPLY 48.00 CROWDER, TRACY 28.73 1' CURRAN CONTRACTING COMPA 1,813.83 CUTTING EDGE COMMUNICATI 1,092.00 DEPENDABLE ROLL-OFF SYST 770.00 DOLECKI, NICHOLE L 61.50 March 31,2008 Page 2 DOWE & WAGNER INC 489.00 DREISILKER ELECTRIC MOTO 40.00 E2 PROMOTIONS INC 592.00 ED'S RENTAL & SALES INC 140.00 FITZGERALD, MIKE 119.05 FOP UNITS I/II 2,052.00 FORTRES GRAND CORPORATIO 430.00 FUNK, PAUL D 8.00 G IMPRESSIONS INC 252.00 GALLAGHER RISK MANAGEMEN 29.00 GENDALL PARTNERS INC 103.00 GILLESPIE DESIGN GROUP I 27,930.00 GMIS 150.00 GRAPHIC IMAGINATION INC 317.95 GURRIE, LETITIA 167.27 HACH COMPANY 232.50 HEBARD GUNS INC, GIL 3,020.82 HETTERMANN, KATHLEEN 59.68 HOLIAN ASBESTOS REMOVAL 300.00 HUEMANN, LINDA 102.50 ILLINOIS ROOF CONSULTING 600.00 IUOE, LOCAL 150 1,845.06 JOHNSBURG BOWL 480.00 JOSEPHSON INSTITUTE 173.62 JULIE INC 100.45 KALE UNIFORMS INC 215.63 KDS TECH SERVICES INC 327.88 KIMBALL MIDWEST 211.03 KREASSIG, DANIEL 8.00 KTD INC 250.36 LAMBERT, FRANCES B 36.00 LUNKENHEIMER, PATTIE 85.97 MARTENSON, LYNN G 83.57 MAYFAIR CARPETS & FURNIT 126.16 MCH COUNTY DEPT OF HEALT 310.00 MCHENRY ANALYTICAL WATER 369.40 MCHENRY AREA CHAMBER OF 440.00 MCHENRY COUNTY COUNCIL O 60.00 MCHENRY FIRESTONE 1,076.00 MCHENRY STORAGE, THE 440.00 MCPOA 676.20 METRA 924.24 MIDWEST ENVIRONMENTAL CO 4,055.00 MIDWEST METER INC 7,379.06 MINUTEMAN PRESS OF MCH 219.57 MONROE TRUCK EQUIPMENT 277.14 NATIONAL BUSINESS FURNIT 802.59 NATIONAL GUARDIAN LIFE I 98.04 NCL OF WISCONSIN INC 476.19 NCPERS GROUP LIFE INS. 335.00 NEXTEL WEST CORP 1,869.27 NICOR GAS 8,981.19 NORTH AMERICAN SALT CO 2,853.62 NORTHWEST AUTO ELECTRIC 195.00 NORTHWEST ELECTRICAL SUP 1,031.32 NUTOYS LEISURE PRODUCTS 7,648.00 OTTOSEN BRITZ KELLY COOP 1,102.50 PACE 12,450.00 PADRO, PEDRO 402.74 PALMER, MIKE 83.60 PENZE, JACQUELINE S 200.00 PETROLIANCE LLC 13,753.50 PITEL SEPTIC INC 75.00 POLERECKY, ROSS 60.00 POSTMASTER MCHENRY IL 175.00 PROFESSIONAL INSPECTION 60.00 PROMISING PICASSOS 486.00 QUICK, KATHLEEN 106.00 ` R&J CONTRUCTION SUPPLY C 290.80 RIDGEVIEW ELECTRIC INC 845.00 SEC GROUP INC 8,331.91 SEXTON, ERIC M 57.97 SHADE ABOVE AWNING CO, A 2,150.00 SICALCO LTD 1,725.00 March 31,2008 Page 3 SPRING ALIGN OF PALATINE 826.85 STANS OFFICE TECHNOLOGIE 349.55 STAPLES BUSINESS ADVANTA 441.79 STAPLES CREDIT PLAN 357.51 STATE FIRE MARSHAL 140.00 STEKL, DIANE 131.75 TASER INTERNATIONAL 275.00 TEMCO MACHINERY INC 1,380.79 TEMPLE DISPLAY LTD 17,326.84 TRAFFIC CONTROL & PROTEC 1,168.38 TRAILS OF BOONE CREEK 2,291.03 UNITED LABORATORIES 207.44 UNITED WAY OF MCHENRY CO 233.00 USA BLUEBOOK 499.91 VANICK, TERRY 30.00 VERIZON WIRELESS 110.14 VIKING CHEMICAL COMPANY 5,825.42 WALMART COMMUNITY 218.85 WAREHOUSE DIRECT 416.94 WASTE MANAGEMENT OF WI P 13,061.02 WATER SOLUTIONS UNLIMITE 3,100.00 WATER WELL SOLUTIONS 633.80 YOUNG REMBRANDTS INC 450.00 ZUKOWSKI ROGERS FLOOD & 12,972.50 GRAND TOTALS 235,929.28 FUND TOTALS GENERAL FUND 97,239.40 CIVIL DEFENSE FUND 910.08 MOTOR FUEL TAX FUND 4,578.62 TIF FUND 8,331.91 CAPITAL IMPROVEMENTS FUND 35,885.00 WATER/SEWER FUND 76,698.62 RISK MANAGEMENT FUND 1,428.74 INFORMATION TECHNOLOGY FUND 1,799.29 RETAINED PERSONNEL ESCROW 9,057.62 TOTALS 235,929.28 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM D: REPLACEMENT BOND FOR MORGAN HILLS SUBDIVISION PHASE 2—CENTEX HOMES IN THE AMOUNT OF $298,357 In attendance was Jim Berry, Director of Planning and Acquisition for Centex Homes. In response to Alderman Glab's inquiry, Deputy City Administrator Martin stated the difference between a surety bond and letter of credit is that the bond would be more difficult to collect from should the developer default. Alderman Glab stated Centex Homes has purchased the undeveloped residential lots and he would like assurance that something does not occur similar to what happened when Windsor Homes transferred property to William Ryan Homes. Alderman Glab questioned whether Centex would be responsible for roadway construction and other subdivision improvements. Mr. Berry noted the construction of Phase I is currently being secured by a surety bond. The maintenance bond approval would come before Council following Lennar's completion of weather-sensitive punch list items. ti Alderman Murgatroyd suggested the approval of the replacement bond in question be subject to City Attorney review. City Attorney McArdle stated a letter of credit is March 31, 2008 Page 4 preferable to a surety bond. He stated he would discuss with Staff the reasoning of going to 1 a bond rather than a letter of credit. Mr. Berry stated if Council is more comfortable with a letter of credit, Centex would be willing to provide a letter of credit for this project. It was the consensus of Council to postpone action regarding this item, pending further Staff review, until the April 7, 2008 regularly scheduled meeting. REQUEST FOR SIGN VARIANCE— HOME STATE BANK, 3500 DIAMOND DRIVE In attendance was Penny Hughes, of Hughes Signs. Deputy City Administrator Martin stated Home State Bank is requesting a variance to allow two additional non-illuminated wall signs on its ATM structure located on their property at 3500 Diamond Drive. There are currently two wall signs and one free-standing sign located on the property. The proposed signs would be 34 inches wide and 45 inches high. Deputy City Administrator Martin stated it is Staffs recommendation to approve the request. Motion by Schaefer, seconded by Peterson, to accept Staffs recommendation to approve a sign variance to allow two additional 34" x 45" non-illuminated wall signs on the ATM structure located at 3500 Diamond Drive as requested by Home State Bank. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. J Voting Nay: None. Absent: None. Motion carried. RENEWAL OF LEASE AGREEMENT FOR RIVIERA MARINA LOCATED AT 3302 WAUKEGAN ROAD — D'S MARINE City Administrator Maxeiner stated the City has participated in a lease agreement with D's Marine for the City's property located at 3302 Waukegan Road since 2001. The City's recent redevelopment agreement regarding the former Medical Arts Building property requires the City's transfer of ownership of eight slips to the developer, Curtis Commercial. Consequently, D's Marine will lose compensation from the eight slips, a loss expected to be approximately $24,000 per year. City Administrator Maxeiner stated it is Staffs recommendation to approve a renegotiated lease with Jerry Danko of D's Marine setting the lease amount at 40% of the gross receipts received for slip rental and winter storage on the Riviera Marina. Alderman Peterson expressed concern that the City would be losing revenue from inside winter storage resulting from the renegotiated agreement. Alderman Glab opined the terms of the renegotiated agreement are fair. Alderman Murgatroyd stated the boat slips were purchased as an inducement, not for the City to be in the marina business. He suggested any revenue realized from the marina business is a bonus. March 31,2008 Page 5 Alderman Glab opined the Water/Sewer Fund should be reimbursed for the loss in revenue due to the sale of the slips. He suggested a formula should be established to more equitably share the revenues between the City and the tenant. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to approve a lease agreement with Jerry Danko of D's Marine incorporating the renegotiated terms setting the lease amount at 40% of the gross receipts received for slip rental and winter storage at the Riviera Marina. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. RECOMMENDATION FOR THE FOLLOWING REGARDING PUBLIC WORKS FACILITY LOCATED AT 1416 INDUSTRIAL DRIVE: A. AWARD OF CONTRACT FOR ASBESTOS ABATEMENT IN AN AMOUNT NOT- TO-EXCEED $16,000— CAMPION ENVIRONMENTAL SERVICES INC.; B. AWARD OF CONTRACT FOR INTERIOR DEMOLITION BLOCK WALL REMOVAL TO CORNERSTONE MATERIAL RECOVERY INC IN THE AMOUNT NOT-TO-EXCEED $30,850 AND AWARD OF CONTRACT FOR INTERIOR DEMOLITION OF MECHANICAL, PLUMBING AND ELECTRICAL IN THE AMOUNT NOT-TO-EXCEED $10,000; AND C. REQUEST TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION RENOVATION PROJECT Director of Public Works Schmitt stated Dixon Companies, in conjunction with Staff, prepared bid specifications for the interior demolition of work needed at the public works facility located at 1415 Industrial Drive. Bids were sought and opened on March 18, 2008 with the lowest bids being submitted by: a. Champion Environmental Services Inc, Gilberts IL Asbestos Abatement $16,000 b. Cornerstone Material Recovery Inc, McHenry IL Block Wall Demolition $30,850 c. Benitez Electrical Group, Elgin IL Mechanical, Plumbing, Electrical Demolition $10,000. Director Schmitt stated Staff is requesting the award of contract to each of the lowest responsible bidders. In addition, Staff recommends the City advertise for bids for the construction renovation project of the public works facility located at 1415 Industrial Drive. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to: a. Award a contract to. Champion Environmental Services Inc of Gilberts, Illinois for the Asbestos Abatement of the public works facility located at 1415 Industrial Drive in the amount not-to-exceed $16,000; b. Award a contract to Cornerstone Material Recovery Inc of McHenry, Illinois for the interior Block Wall Demolition of the public works facility located at 1415 Industrial Drive in the amount not-to-exceed $30,850; c. Award of contract to Benitez Electrical Group of Elgin, Illinois for the Mechanical, Plumbing and Electrical Demolition of the interior of the public works facility located at 1415 Industrial Drive in the amount not-to-exceed $10,000; March 31, 2008 Page 6 d. Approve the advertisement for bid for the interior construction renovation project of the public works facility located at 1415 Industrial Drive. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID AND ADOPTION OF RESOLUTION PROVIDING FOR 2008 STREET RESURFACING PROGRAM - CURRAN CONTRACTING COMPANY IN THE AMOUNT NOT-TO-EXCEED $549,873.81 Director Schmitt stated bid specifications were prepared and sought for the 2008 Street Resurfacing Program. Bids were opened on March 10, 2008 with the lowest responsible bidder being Curran Contracting Company in the amount of $549,873.81. Director Schmitt stated it is Staffs recommendation to pass a resolution awarding the contract for this project to Curran Contracting Company in the amount not-to-exceed $549,873.81. Motion by Murgatroyd, seconded by Wimmer, to accept Staff s recommendation to pass a resolution awarding the contract for the 2008 Street Resurfacing Program to Curran Contracting Company in the amount not-to-exceed $549,873.81. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. _. Voting Nay: None. Absent: None. Motion carried. CONTRACT FOR PARTICIPATION IN THE 2008 GYPSY MOTH CONTROL PROGRAM WITH MCHENRY COUNTY AND HENDRICKSON FLYING SERVICE IN THE ESTIMATED COST OF $1,440 Assistant City Administrator Hobson stated the City has been contacted by McHenry County who is inquiring as to the City's interest in entering into an intergovernmental agreement for Gypsy. Moth control. The cost for the 2008 program would be $24/acre per application. Two applications are planned for this year. The targeted area is the Whispering Oaks neighborhood, an area approximately 30 acres in size. The City's cost for participating in the program is $1,440. It is Staffs recommendation to enter into the agreement. Responding to Alderman Glab's inquiry, Assistant City Administrator Hobson stated the possible infestation of Gypsy Moths will be better monitored as the City now has a forestry supervisor. March 31,2008 Page 7 Motion by Glab, seconded by Schaefer, to accept Staffs recommendation to enter into an intergovernmental agreement with McHenry County and Hendrickson Flying Service for the 2008 Gypsy Moth Control Program encompassing two treatments for a total cost of $1,440. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MUNICIPAL DRIVE PROJECT CHANGE ORDER NO. 4. ADDENDUM NO. 1 AND FINAL PAY REQUEST — BERGER EXCAVATING CONTRACTORS INC. IN AN AMOUNT NOT- TO-EXCEED $213,605.88 Director Schmitt stated the Municipal Drive Project has been completed. In order to close the project out, Council must approve Change Order No. 4 which resulted from the project being a unit price cost base. In addition, a deduction of $7,000 was realized as a result of time loss experienced during project delays. The total amount of Change Order No. 4 is $23,171.71. Director Schmitt stated Staff is recommended the following: a. approval of Change Order No. 4 adding $23,171.71 to the project; b. approval of Addendum No. 1 to the SEC Group Engineering Services Contract for this project resulting in the payment of$7,010; c. authorizing the Final Pay Request to Berger Excavating Contractors in the amount not- to-exceed $213,605.88. Alderman Murgatroyd stated he is glad to see project come to fruition. Motion by Santi, seconded by Glab, to accept Staff s recommendation to: a. approve Change Order No. 4 adding $23,171.71 to the project; b. approve Addendum No. 1 to the SEC Group Engineering Services Contract for this project resulting in the payment of$7,010; c. authorize the Final Pay Request to Berger Excavating Contractors in the amount not-to- exceed $213,605.88. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AMENDMENT TO MUNICIPAL CODE CHAPTER 4. SECTION 4-6(4) RELATING TO ALCOHOLIC BEVERAGES City Administrator Maxeiner stated the City was recently contacted by representatives of Church of Holy Apostles regarding obtaining a liquor license which would allow them to operate their parish hall as a banquet facility for wedding receptions, christenings, and fundraisers. In order to accede to the request, Staff has determined an additional liquor license category is required. The Class E would need to be added which would be comprised of two categories: Class E(1) commercial banquet facility annual license fee $1,500 March 31,2008 Page 8 Class E(2) not-for-profit organization annual license fee $ 100 1 City Administrator Maxeiner stated it is Staff s recommendation to pass an ordinance creating the Class E Liquor License as stated. Responding to Alderman Schaefer's inquiry, City Administrator Maxeiner stated the Class E(2) license would be for indoor use only. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass an ordinance creating the Class E (1) and Class E(2) liquor licenses as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORGANIZATIONAL RESTRUCTURING IN COMMUNITY DEVELOPMENT DEPARTMENT City Administrator Maxeiner stated the recent resignation of the Director of Community Development has provided an opportunity to evaluate the current structure of the department and to consider better ways to distribute the workload. During the past year, the Deputy City Administrator has been managing the development issues from an organization-wide perspective. City Administrator Maxeiner noted Staff is proposing an additional adjustment resulting in renaming the department to Neighborhood and Construction Services. Staff is proposing the creation of a director position for this department. The position would likely be filled with an internal candidate. City Administrator Maxeiner stated the City Planner would report to the Deputy City Administrator, who would continue to oversee the planning and development of the City. Alderman Condon inquired if the director would be seated at the Council dais. City Administrator Maxeiner responded the matter is still being discussed. Alderman Condon inquired who would be attending the Community Development Committee meetings. City Administrator Maxeiner responded the primary liaison between Staff and Council would continue to be Deputy City Administrator Martin. Motion by Murgatroyd, seconded by Wimmer, to accept Staff s recommendation to: a. authorize the modification of the City's organizational structure to incorporate the suggested changes; b. prepare a new job description and posting for the director of Construction and Neighborhood Services; c. initiate an internal search for the position. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried March 31,2008 Page 9 MAYOR— STATEMENT AND REPORT Mayor Low announced the McHenry Character Counts Coalition is hosting its first town hall meeting on Thursday, April 3, 2008 from 7 p.m. until 8:30 p.m. at Parkland School. The purpose of the meeting is to meet with children/youth and their parents and to encourage parents to start talking with their children before they start drinking. The goal is to help prevent underage drinking. Mayor Low announced the Character Counts! Pillar for April is Respect. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd announced a Committee meeting has been scheduled for Wednesday, April 2, 2008 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner reported spring hydrant flushing will begin next week throughout the City. City Administrator Maxeiner also reported the McHenry Chamber's Life is a Highway Expo will be held Saturday, April 5, 2008 at Parkland School from 9 a.m. until 5 p.m. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: LITIGATION AND PROPERTY ACQUISITION Motion by Schaefer, seconded by Santi, to go into Executive Session to discuss litigation and property acquisition at 8:48 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:52 p.m. Motion by Wimmer, seconded by Condon, to go back into Open Session at 9:00 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 9:00 p.m. March 31,2008 Page 10 OPEN SESSION REGARDING ITEMS DISCUSSED IN EXECUTIVE SESSION There was no action taken in Open, Session regarding matters discussion in �- Executive Session. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 9:00 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The eeting was adjourned at 9:00 P.M. MAYOR CITY Cl