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HomeMy WebLinkAboutPacket - 10/02/2006 - City Council f McHenr City o y 333 South Green Street , , www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Owl Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA REGULAR CITY COUNCIL MEETING Clerk's Office Monday, October 2, 2006, 7:30 P.M. (815)363-2100 Fax(815)363-2128 Administration (815)363-2108 1, Call to Order Fax(815)363-2119 Public Works 2• Roll Call Community Development 3. Pledge of Allegiance (815)363-2170 Fax(815)363-2173 4. Oath of Office: Sergeant Laura Virgils Parks and Recreation (815)363-2160 5. Public Input Session — 10 Minute Limitation Fax(815)363-3186 Police Non-Emergency 6. Consent Agenda: (815)363-2200 A. Ordinance authorizing the execution of the first amendment to the recapture Fax(815)363-2149 agreement with Gerstad Builders, Inc.for sanitary sewer main north on Lincoln Road; B. Committee Recommendation: Ordinance amending Municipal Code Chapter 13, for Mayor the installation of stop signs in Lincoln Hills Subdivision; Susan E.Low C. Committee Recommendation: Ordinance amending Municipal Code Chapter 13 for the installation of a stop sign in Legend Lakes Neighborhood No. 2; City Clerk D. Blanket purchase order for Rock Salt from State of Illinois Joint Purchasing Program Janice C.Jones in the amount of $38.74 per ton; and E. Request for release of Riverwalk Place Townhomes Letter of Credit No.03-054 in the '!treasurer amount of $40,000. David M.Welter Aldermen 7• Ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles — No Parking on Dartmoor Drive from Boone Creek to Whitmore Trail WARD 1 Victor A. Santi 8. Mayor — Statement and Reports WARD 2 9. Committee Reports Andrew A.Glab WARD 3 10. Staff Reports Jeffrey A. Schaefer WARD 11. Future Agenda Items Steven C.Murgatroyd 12. Executive Session: Collective Bargaining (2) WARD 5 Richard W.Wimmer 13. Adjournment WARD 6 posted and Mailed: September 27, 2006 Robert J.Peterson WARD 7 Geri A.Condon OATH OF OFFICE TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: October 2, 2006 Regular City Council Meeting RE: Promotion to Rank of Sergeant McHenry Police Officer Laura Virgils has been promoted to the rank of Sergeant in the McHenry Police Department and will be given the Oath of Office at the City Council meeting on October 2, 2006. CONSENT AGENDA The Consent Agenda for the October 2, 2006, City Council meeting consists of the following items: A. Ordinance authorizing the execution of the first amendment to the recapture agreement with Gerstad Builders, Inc. for sanitary sewer main north on Lincoln Road; B. Committee Recommendation: Ordinance amending.Municipal Code Chapter 13, for the installation of stop signs in Lincoln Hills Subdivision; C. Committee Recommendation: Ordinance amending Municipal Code Chapter 13 for the installation of a stop sign in Legend Lakes Neighborhood No. 2; D. Blanket purchase order for Rock Salt from State of Illinois Joint Purchasing Program in the amount of 038.74 per ton; and E. Request for release of Riverwalk Place Townhomes Letter of Credit No. 03-054 in the amount of $40,000. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Douglas P. Martin,Assistant City Administrator FOR: October 2,2006 Regular City Council Meeting RE: Ordinance authorizing the execution of the first amendment to the recapture agreement with Gerstad Builders, Inc. for the sanitary sewer improvements associated with the development of an approximately 100 acre property located on the north side of Lincoln Road and west side of Chapel Hill Road in the City of McHenry,Illinois STAFF RECOMMENDATION: Approval of the attached ordinance. When the original recapture agreement with Gerstad Builders, for the extension of the sanitary sewer main north on Lincoln Road was approved by the City Council on October 6, 2003, 20 property index numbers were inadvertently excluded from the exhibit which lists all of the property index numbers which benefit as a result of the sewer main extension. These properties; however, were included in the total per acreage dollar amount calculation eligible for recapture as well as on Group Exhibit"C", which is a map of the sewer benefited areas. In order to correct this error, attached is an ordinance authorizing the execution of the first amendment to the recapture agreement adding those 20 properties to the list. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE RECAPTURE AGREEMENT WITH GERSTAD BUILDERS, INC. FOR THE SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF AN APPROXIMATELY 100 ACRE PROPERTY LOCATED ON THE NORTH SIDE OF LINCOLN ROAD AND WEST SIDE OF CHAPEL HILL ROAD IN THE CITY OF MCHENRY, ILLINOIS WHEREAS, Gerstad Builders, Inc. ("GERSTAD") is the developer of approximately one hundred (100) acres, generally located on the north side of Lincoln Road and the west side of Chapel Hill Road and commonly known as Liberty Trails Subdivision, in the City of McHenry, Illinois; and WHEREAS, GERSTAD constructed sanitary sewer improvements upon the understanding that the City of McHenry, an Illinois Municipal Corporation ("CITY") would provide by appropriate agreement to recapture an equitable portion of the cost thereof from other lands which will benefit therefrom; and WHEREAS, the terms and conditions relating thereto were incorporated in the Annexation Agreement dated July 5,2000 between the CITY and First Midwest Bank, N.A.,successor in interest to McHenry State Bank, not individually but as trustee under a trust agreement dated December 23, 1997, and known as Trust No. 13255 ("FIRST MIDWEST BANK"); and WHEREAS, GERSTAD desires an amendment to the original Recapture Agreement authorized by Ordinance No. ORD-03-1194 authorizing the execution of a Recapture Agreement with Gerstad Builders, Inc.for the sanitary sewer improvements associated with the development of an approximately 100 acre property located on the north side of Lincoln Road and west side of Chapel Hill Road in the City of McHenry, Illinois, passed by the City Council on October 6, 2003, recorded as Document Number R2004R0003239,to facilitate the addition of twenty(20)properties inadvertently excluded from Exhibit "B" of the original Recapture Agreement passed by the City Council; and WHEREAS,said twenty(20)properties,although inadvertently excluded from Exhibit"B"of the Recapture Agreement,were included in the total per acreage dollar amount calculation eligible for recapture as well as on Group Exhibit"C",which is a map of said Sewer Benefited Areas,of said original Recapture Agreement recorded as Document Number R2004R0003239. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That this first amendment to the original Recapture Agreement, bearing the date of October 2, 2006 between the CITY and GERSTAD, authorizing the addition of the twenty (20) properties inadvertently excluded from Exhibit "B" of the original Recapture Agreement recorded as Document Number R2004R0003239, and hereinafter listed and described on Exhibit "A" attached to this ordinance, be and the same is hereby approved. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said amendment to the original Recapture Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4:This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 2 Exhibit"A" Twenty properties excluded from Exhibit"B"of the original recapture agreement with Gerstad Builders for the sanitary sewer improvements associated with the development of Liberty Trails Subdivision 09-25-302-002 VACANT - - --- - _-- T---- 0.33: ' 09-25-302-003 VACANT 0.56; 09-25-302-004 2818 Lincoln Rd 0.34 f nco -�--r-- - - ----- - ----- 09-25-302-005 2820 Liln Rd -`-- r-1----�-- ------- 0.24. ----- 09-25-302-006 2822 Lincoln Rd _p 44' -� 09-25-302-007 2824 Lincoln Rd 0.27i---- ------'-"` --- 09725-302- 009 2911 Rosedale �- , '----------- _1 A0; VACANT , 1-- 09-25-302-010 i 3.75' 09-25-302-011 VACANT '2.70 �----+ 09-25-301-002 VACANT 018 --- 09-25-301-003 1517 River Rd - --- 09-25-301-004 1515 River Rd 0.18, i 0.19 L -- - - -- -- 09 25-301-005 1513 River Rd 0.201 09-25-301-006 VACANT --- ------ --------- 0.21, -- - 09-25-301-007 1509 River Rd 0.22; -- 09-25-301-008 1507 River Rd - 09-25-301-009 1507 River Rd ----0.23 �-�-- - -`-- --`--- 09-25-301-010 1425 River Rd - 0.241 j 09-25-301-011 VACANT -L0.25 T—I 09-25-301-012 1423 River Rd 0.25 --- CONSENT AGENDA TO: Mayor and City Council FROM: Daniel I Marcinko,Director of Public Works FOR: October 2, 2006 Regular City Council Meeting RE: Lincoln Hills Subdivision Stop Sign ATTACHMENTS: 1) Location Map 2) Proposed Ordinance Background. Typically,when a portion of roadway within a new development has been completed, the developer wild submit a request to the city to install regulatory signs. Roadways are finished in the Lincoln Hills Subdivision however the city has yet to receive a request to install the signs. Analysis. Staff is of the opinion that stop signs are needed at certain intersections that provide access to Lincoln Road,which also serve the Liberty Trails Subdivision. The matter was brought to the Public Works Committee for consideration on September 18,2006,at which time the committee unanimously approved a recommendation to install stop signs at the following locations: Hillside Lane southbound at Lincoln Road Wall Street eastbound at Hillside Lane (north intersection) Wall Street eastbound at Hillside Lane (south intersection) The Manual of Urban Control Devices (MUTCD) is the standard guideline used regarding traffic control devices on streets and highways. The proposed stop signs are in accordance with the MUTCD. Committee Recommendation. To approve the attached ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles, for the installation of stop signs at the locations listed above. 14 — / ! C 1 . Ir Proposed Stop"Do M �� ', f d ,� / ! sao� (, r nos —// N r 1 '• t j� .Ate--- io-.iao.c r F it S 1 1 1 1 CA T S �n�« , 1 cl I CDL Ow CA fit 1P. lop ' 4, 1 \ / M.tl / / +• (' •t /ix, /-/• '�• —•,� � ♦� ♦��,�j- �' Yam, / I - / / /:i/ i/•r" v ., r /f f•, If Proposed Stop - _ l lam' / /I/ '/ ;`. 1:: '�''�` `� '':i :•!1 CIE Maw gut C> t NY ••,•' i• _ ' ``— — j \ 'V Wit... R •%�� •y.� uwH \,�=�� •.`' vild hur ffq- ' ice?,�• q � ► � � 1 � � 1 __ •,•r�; ; ��,, `.,�,---�•_=.�`�. - ,•., ,,� A nos/ :: ... Proposed Stop UNCOLN ROAD ORDINANCE NO. MC-06- AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF McHENR Y MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: That Section 13-501 STOP STREETS ESTABLISHED in the City of McHenry Chapter 13 of the Municipal Code shall be amended by adding the following: Stop Street Intersecting Street Hillside Lane (SB) Lincoln Road Wall Street (EB) Hillside Lane(north intersection) Wall Street(EB) Hillside Lane(south intersection) SECTION 2:Any person,firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars($25.00)nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3: All ordinances,or parts thereof,in conflict with the terms and provisions hereof,be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this day of , 2006. Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Daniel I Marcinko, Director of Public Works FOR: October 2,2006 Regular City Council Meeting RE: Legend Lakes Neighborhood No. 2 Stop Sign Location ATTACHMENTS: 1) Location Map 2) Proposed Ordinance Background. Typically,when a portion of roadway within anew development has been completed, the developer will submit a request to the city to install regulatory signs. Roadways are finished in the Legend Lakes Subdivision Neighborhood No. 2 however the city has yet to receive a request to install the signs. Analysis. Staff is of the opinion that a stop sign is needed at the access from Legend Lane to Dartmoor Drive. The matter was brought to the Public Works Committee for consideration on September 18,2006, and unanimously approved. The attached location map contains the proposed stop sign location on Legend Lane. The Manual of Urban Control Devices(MUTCD)is the standard guideline used regarding traffic control devices on streets and highways. The proposed stop sign is in accordance with the MUTCD. Committee Recommendation. To approve the attached ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles, for the installation of a stop sign on Legend Lane at Dartmoor Drive in Legend Lakes Subdivision Neighborhood No. 2. AW 4IN ' Y J M E11fnC;1 7e ,i' nri f•t'. A Pc,intFr 42 19'58 42' N 88 19'0:3 Z7" A eIo— 787 it :;1rN,,minJ I !I I 100 `Lyp i,iit 3155 1R �►�a� �� ��� � ...; �� -� �. �� ORDINANCE NO. MC-06- AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF MCHENRYMUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: That Section 13-501 STOP STREETS ESTABLISHED in the City of McHenry Chapter 13 of the Municipal Code shall be amended by adding the following: Stop Street Intersecting Street Legend Land (SB) Dartmoor Drive SECTION 2:Any person,firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars($25.00)nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3: All ordinances,or parts thereof,in conflict with the terms and provisions hereof,be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this day of , 2006. Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko,Director of Public Works FOR: October 2, 2006 Regular City Council Meeting RE: Bulk Rock Salt Purchase ATTACHMENTS: State of Illinois—Joint Purchasing Requisition Background. Annually, the city purchases rock salt for ice control through a contract bid by the Department of Central Management Services of the State of Illinois. The city is asked to provide an estimate on the tonnage needed for the coming year. The contract price is then valid for the city to purchase salt in quantities of 70 — 130% of the estimate after the,city issues a blanket purchase order for the release of rock salt from the contract on an as needed basis. The estimate submitted to the state for 2006-07 season is 2,500 tons. Using an estimate of 2,500 tons means the city can purchase rock salt from the state contract in quantities between 1,750 and 3,125 tons at the contract price. The state has informed the city that the contract price for the 2006-07 season is $38.74 per ton, an increase of$1.60 per ton from last year. The total cost to the city for salt will depend on the actual amount purchased. By submitting an estimate of 2,500 tons, the city is committing to purchase at least 1,750 tons which amounts to $67,795. The 2006/07 budget includes $80,000 in the MFT Fund for the acquisition of salt for snow and ice control. Recommendation. Staff requests authorization to issue a blanket purchase order for the purchase of rock salt from the State of Illinois at a cost of$38.74 per ton. Issuing the blanket PO will commit the city to a minimum salt purchase of 1,750 tons amounting to $67,795. PLEASE REI'UR11r TO: v :.Ulinois Depar'tnaent.of Ccutral Manag+ement'Services l 801 w1u. G. &ndt(un IiuiZding Jomrr .c � rv11a�v c Sprin ield.,I L 62706 . jolat Purchasing �;, to"- c 0 Date: February .22, 2006 .. rove=let rit Unit 6i ty of XcHenry Delivery Point mailing Address;, 333 S. Green' St-reef City./ State l Zip, McHenry, I : 60050 County: McFienru . Contact Person: Danfel 0. Marci'nko Telephone Number:. ' 815 - 363-2190 Fa.x Number: . 815 361-2173 : ITEM DESCRIP'LION QUl�1�ITITY. INIT"MEtLSU AMOUNT BUDGETED �u)k. Rock. Sa,l t -)500 Tons $85,000. CEi rED :, EP 2 0 2006 e«.. aff DVr I certify that funds are.available for the purchase of tli.e items on this Requisition and that such items are fOT the sole•use of this government urdt and not for the personal use of an),official or individual. In dition,' I agree to abide by the Joint Purchasing Procedure established by the Department,of Central.. ;ana , nent Se ' s. •. �.,. - ,11isp-ct�z.-r�.� p ii b 1 i r, 1 $r!�s .E F AU IORJZED U CIAL OR AC"i T TITLE 51+ 7`wA Printed on Recycled Poper . CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: October 2,2006 Regular City Council Meeting RE: Riverwalk Place Townhomes ATTACHMENTS: Request for Release of Letter of Credit No. 03-054 Background. In accordance with a request from Lanco Development for release of the letter of credit for the Riverwalk Townhomes, staff inspected the public improvements to ensure they have been installed in conformance with the approved plans and specifications. Lanco Development has addressed the items on the punch-list and staff has verified the public infrastructure has been properly installed and is now ready for acceptance. This will be the final release for this letter of credit prior to the city's acceptance of the public improvements. Staff will be asking the developer for a two-year maintenance guarantee prior to releasing the letter of credit. Recommendation. Staff recommends releasing Riverwalk Place Townhomes Letter of Credit No. 03-054 in the amount of$40,000 contingent upon receipt of a two-year maintenance bond in the amount of$9,575. REQUEST FOR REDUCTION OR RELEASE OF CONSTRUCTION GUARANTEE As provided for in the Subdivision Control Ordinance of the City of McHenry Section 7,subdividers of property shall post a construction guarantee in the amount of 125%of the cost of required public improvements as approved by the City Engineer. This construction guarantee is posted to insure the installation of all public improvements in accordance with approved plats,plans,and specifications. This request is made pursuant to the completion of part of all required public improvements. Completion of public improvements is required within two(2)years of posting of the construction guarantee. DATE: 09 • a I • OG 1. Person requesting reduction/release: CURT L4401"E 2. Phone Number: 47?• 7 ZOO 3. Subdivision: ���ER1�lhLK PI.^cE 't"oWW 4oMft S 4. Type of Construction guarantee: Check/Cash Letter of Credit# 03- 05+ Original surety posted on Approval date of final plat 5. Original value of construction: $ 4_'. 5- s ..oco 6. Original value of construction guarantee(125%of line 5) 'R"' O• ���•DO 7. Previous reduction(s) Date: Nl a Amount: µ/A 8. Requested amount of construction guarantee reduction $ �� 9. Amount of construction guarantee reduction approved by City Engineer: $ Are, oeo• so 10. Actual value of improvements(installed,which are included in reduction) (80%of line 9) $ ¢? �j7CJ• OO 11. Amount of construction guarantee remaining,if approved $ 0 12. Amount of maintenance guarantee remaining,if approved(20%of line 10 above) 'O'575 •00 PENDING COUNCIL ACTION: 13. Amount of construction guarantee reduction approved by McHenry City Council: $ on resulting in a remaining required construction guarantee of $ and a remaining required maintenance warranty of$ AGENDA SUPPLEMENT TO Mayor and City Council FROM: Daniel J.Marcinko,Director of Public Works FOR: October 2, 2006 Regular City Council Meeting RE: NO PARKING on Dartmoor Drive ATTACHMENT: 1)Location Map 2) Proposed Ordinance Staff has received several complaints,including from the Alderman of the ward,regarding the parking situation on Dartmoor.Drive during the fall soccer and softball league games. Instead of using the off street lot provided, spectators are parking along Dartmoor Drive creating a hazardous condtion for motorists. Typically, a request to restrict parking would go through the committee process. However, in this instance,the season will be over before this item can be brought to committee. Consequently,staff is requesting immediate consideration of the restriction at the full City Council. The proposed ordinance amendment is for No Parking at any time on both sides of Dartmoor Drive from Boone Creek west to Whitmore Trail within the Boone Creek Subdivision. Staff recommends approval of the attached ordinance amending the City of McHenry's Traffic Control Ordinance for NO PARKING at any time on both sides of Dartmoor Drive from Boone Creek to Whitmore Trail. A t, Ana .iv"" .ice y . 4 A y 00 lop A• -+ t _ ek vN�• Goo r - - f 6 1 C I v'j 1, 4N Str- ir:rr9 I 1'-C- E 11 J 211 ORDINANCE NO. MC-06- AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF McHENRY MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY,ILLINOIS, as follows: SECTION 1: That Section 13-608 NO PARKING AT ANY TIME in the City of McHenry Municipal Code shall be amended as follows: 3.2 DARTMOOR DRIVE on the south side of the street from Augusta Drive extending west to its intersection with Whitmore Trail (MC-02-807) 3.3 DARTMOOR DRIVE on the north side of the street from Boone Creek Bridge extending west to its intersection with Whitmore Trail SECTION 2: Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars ($25.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed•on each day during, or on which, a violation occurs or continues. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 2nd day of October, 2006. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk