HomeMy WebLinkAboutPacket - 12/15/2003 - City Council
A G E N D A
REGULAR CITY COUNCIL MEETING
Monday, December 15, 2003, 7:30 P.M.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Public Input Session – 10 Minute Limitation
5. Consent Agenda:
a) Resolution increasing water/sewer rates;
b) Request to connect to Police Alarm Panel -Bank America, 2400 N. Richmond Road;
c) Road Improvement Settlement Agreement between Jack Pease,
Backhaus/Brackmann, and City of McHenry;
d) Final Pay Request from D.L. Franzen Construction, Inc. for Crystal Lake Road/Winding
Creek Drive Intersection Improvements not to exceed $3,032.64;
e) Request for reduction in subdivision bonds for Shamrock Farms Neighborhood 3 for
$1,356,193.75 contingent upon receipt of warranty bond for $305,178.50;
f) Request for reduction in subdivision bonds for Shamrock Farms Neighborhood 9 for
$1,338,312.50 contingent upon receipt of warranty bond for $323,o69.13;
g) As Needed Checks;
h) List of Bills.
6. Request from McHenry Kiwanis Club to block certain portions of Green Street and to direct city staff to
assist in Second Annual 2004 Soap Box Derby Event on Saturday, June 26, 2004.
7. Discussion: Olde Mill Ponds Drainage
8. Engineering Services Agreement with Baxter & Woodman, Inc. for the design of water/sewer
system in the Huntersville Subdivision not to exceed $73,000
9. Year 2004 Local Share Agreement for PACE Dial-a-Ride Service
10. Agreement between the City of McHenry and the YMCA of McHenry County
11. Committee Reports
12. Staff Reports
13. New Business
14. Executive Session: Personnel
Litigation
15. Adjournment
Posted and Mailed: December 10, 2003
C O N S E N T A G E N D A
The Consent Agenda for the December 15, 2003 City Council meeting consists of
the following items:
a) Resolution increasing water/sewer rates;
b) Request to connect to Police Alarm Panel -Bank America, 2400 N. Richmond Road;
c) Road Improvement Settlement Agreement between Jack Pease, Backhaus/Brackmann, and
City of McHenry;
d) Final Pay Request from D.L. Franzen Construction, Inc. for Crystal Lake Road/Winding Creek
Drive Intersection Improvements not to exceed $3,032.64;
e) Request for reduction in subdivision bonds for Shamrock Farms Neighborhood 3 for
$1,356,193.75 contingent upon receipt of warranty bond for $305,178.50;
f) Request for reduction in subdivision bonds for Shamrock Farms Neighborhood 9 for
$1,338,312.50 contingent upon receipt of warranty bond for $323,o69.13;
g) As Needed Checks;
h) List of Bills.
Attachments
C O N S E N T A G E N D A
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: Regular City Council Meeting
RE:
COSENT AGENDA
TO: Mayor and City Council
FROM: Daniel J. Marcinko, Director of Public Works
FOR: December 15, 2003 Regular City Council Meeting
RE: Crystal Lake Road/Winding Creek Drive Intersection Improvements
ATTACHMENTS: Letter from Smith Engineering
RECOMMENDATION: To approve Final Pay Request from D.L Franzen
Construction, Inc. for the Crystal Lake Road/Winding Creek Drive Intersection
Improvements Project not to exceed $3,032.64.
Background
D.L Franzen Construction, Inc completed the improvements to the Crystal Lake Road/Winding
Creek Drive intersection as bid and is requesting final payment. Smith Engineering Consultants
inspected the project and confirmed compliance with the approved plans and specifications.
The construction contract to D.L Franzen Construction, Inc. was approved for an amount of
$323,378.70. Approval of the final pay request will result in a total payout of $303,263.96, which is
$20,114.84 less than the amount awarded by the City Council.
Recommendation
To approve the final pay request from D.L Franzen Construction, Inc. for the Crystal Lake
Road/Winding Creek Drive Intersection Improvements not to exceed $3,032.64.
COSENT AGENDA
TO: Mayor and City Council
FROM: Daniel J. Marcinko, Director of Public Works
FOR: December 15, 2003 Regular City Council Meeting
RE: Sioux Lane Elevated Tank
ATTACHMENTS: Letter from Baxter and Woodman
RECOMMENDATION: To approve Final Pay Request from Jetco, LTD for the Sioux
Lane Elevated Storage Tank Repainting and Repair Project not to exceed $137,119.39.
Background
Jetco, LTD completed the Sioux Lane Elevated Storage Tank Repainting and Repair as bid and has
requested the final payment. Baxter and Woodman inspected the project and confirmed compliance
with the approved plans and specifications.
The construction contract to Jetco, LTD was approved for the amount of $217,860.00 and approval
of the final pay request will result in a total payout as approved by the City Council. Jetco, LTD has
submitted a warrantee for a three-year period against all defects in workmanship and materials.
Recommendation
To approve the final pay request from Jetco, LTD for the Sioux Lane Elevated Storage Tank
Repainting and Repair Project not to exceed $137,119.39.
CONSENT AGENDA
TO: Mayor and City Council
FROM: Daniel J. Marcinko, Director of Public Works
FOR: December 15, 2003 Regular City Council Meeting
RE: Shamrock Farms Neighborhood 3 Bond Reduction
ATTACHMENTS: Baxter and Woodman Recommendation
RECOMMENDATION: To approve the request from Kimball Hill Homes to reduce the
Irrevocable Subdivision Bonds for Infrastructure Improvements at Shamrock Farms
Neighborhoods 3 in the amount of $1,356,193.75 contingent upon receipt of a Warranty Bond
for $305,178.50.
Background.
A request was received from Kimball Hill Homes to reduce the Irrevocable Subdivision Bonds for
the water, storm and sewer main improvements for Shamrock Farms Neighborhoods 3. All of the
improvements in Neighborhood 3 are completed.
Analysis.
Based upon the Developer Engineer’s Opinion of Probable Cost and site-inspections performed by
Baxter and Woodman, Inc. the following is an analysis of the project costs:
Shamrock Farms #3 Current Bond Amount Recommended Retainage
Lift Station Improvements $ 292,200.00 $ 46,752.00
Collector Road Improvements 412,681.25 66,029.00
Minor Roadway Improvements 559,375.00 177,687.50
Storm Sewer Improvements 91,937.50 14,710.00
Total $1,356,193.75 $305,178.50
Staff concurs with Baxter & Woodman’s analysis and the recommendation to reduce each
Irrevocable Subdivision Bond for Shamrock Farms Neighborhood 3 contingent upon receipt of a
Warranty Bond based on the recommended retainage totaling $305,178.50 in Warranty Bonds.
Recommendation.
To approval the request from Kimball Hill Homes to reduce the Irrevocable Subdivision Bonds for
Infrastructure Improvements for Shamrock Farms Subdivision Neighborhood 3 in the amount of
$1,356,193.75 contingent upon receipt of a Warranty Bond for $305,178.50.
CONSENT AGENDA
TO: Mayor and City Council
FROM: Daniel J. Marcinko, Director of Public Works
FOR: December 15, 2003 Regular City Council Meeting
RE: Shamrock Farms Neighborhood 9 Bond Reduction
ATTACHMENTS: Baxter and Woodman Recommendation
RECOMMENDATION: To approve the request from Kimball Hill Homes to reduce the
Irrevocable Subdivision Bonds for Infrastructure Improvements at Shamrock Farms
Neighborhoods 9 in the amount of $1,338,312.50 contingent upon receipt of a Warranty
Bond for $323,069.13.
Background.
A request was received from Kimball Hill Homes to reduce the Irrevocable Subdivision Bonds for
the water, storm and sewer main improvements for Shamrock Farms Neighborhoods 9. All of the
improvements have been completed.
Analysis.
Based upon the Developer Engineer’s Opinion of Probable Cost and site-inspection performed
by Baxter and Woodman, Inc. the following is a current analysis of the project costs:
Shamrock Farms #9 Current Bond Amount Recommended Retainage
Storm Sewer Improvements $ 231,343.75 $ 37,015.00
Water Main Improvements 229,693.75 36,751.00
Sanitary Sewer Improvements 372,500.00 59,600.00
Roadway Improvements 504,775.00 189,703.13
Total $1,338,312.50 $323,069.13
Staff concurs with Baxter & Woodman’s analysis and the recommendation to reduce each
Irrevocable Subdivision Bond for Shamrock Farms Neighborhood 9 contingent upon receipt of a
Warranty Bond based on the recommended retainage. By this reduction the City will have Warranty
Bonds totaling $323,069.13.
Recommendation.
To approve the request from Kimball Hill Homes to reduce the Irrevocable Subdivision Bonds for
Infrastructure Improvements for Shamrock Farms Neighborhoods 9 in the amount of $1,338,312.50
contingent upon receipt of a Warranty Bond totaling $323,069.13.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM Douglas K. Maxeiner, City Administrator
FOR: December 15, 2003 Regular City Council Meeting
RE: Renewal of PACE/Dial-A-Ride Local Share Agreement
Recommendation: To authorize the Mayor’s execution of the attached Local Share
Agreement with PACE for the term of January 1, 2004 through December 31, 2004 for the
local share amount of $65,754.
Since 1987, the City of McHenry has entered into an annual Local Share Agreement with PACE
offering a curb-to-curb, Dial-A-Ride program. The program is funded through a mixture of user
fees, PACE subsidies, and a local share portion.
For the 2004 contract year, PACE proposes the following funding mix for the estimated $214,110
program. The proposed estimate reflects a Local Share increase of $804, which PACE contributes
to its rising deficit and ability to provide only a modest increase in funding.
Year-2004 Year-2003
Rider Fares $ 11,266 $ 11,266
PACE Subsidy 137,090 134,270
Local Share 65,754 64,950
$214,110 $210,486
The cost of the city’s portion of the service, service hours, and a listing of holidays on which service
is not provided is detailed in Exhibit A of the attached agreement along with ridership statistics
through the month of September.
Rides are arranged through a service provider under contract with PACE. The fare charged to
riders is listed below; fares have remained the same since Year 2000. Reduced fare rates are
provided to senior citizens, persons with disabilities, students and children age seven through 11
years.
Full Fare $1.75
Reduced Fare .75
Transfer .10
Reduced Transfer .05
Recommendation. To renew the Year 2004 Local Share Agreement with PACE for the local share
amount of $65,754.
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: December 15, 2003 Regular City Council Meeting
RE: Water and Sewer Rate Increase
In 1997, the City Council approved an ordinance raising the water and sewer rates to
offset the rising operational cost of the water and sewer fund. At that time, a 30%
increase was implemented over a three-year period (10% each year).
The 1997 ordinance also provided for an annual adjustment to the rates in
subsequent years based on the rate of inflation of the prior year. Rate adjustments
are not automatic. The City Council must annually approve the new rates.
Adjustments are calculated using the Consumer Price Index for All Urban Consumers
for Chicago-Gary-Kenosha, as published by the U.S. Department of Labor.
The rate of inflation for the past 12-months is 2.0%. By ordinance, the increase in
rates is effective beginning February 1, 2004. The new rate schedule is included in
the attached resolution.
It is recommended that the City Council approve Resolution R-03-014.
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R-03-014
RESOLUTION
WHEREAS, an Ordinance passed by the City Council of the City of McHenry on November
13, 1997 provided for the increase of the water/sewer rates for the following three years; and
WHEREAS, said Ordinance required an increase in the water/sewer rates to be
determined by the Chicago Area Consumer Price Index Annual Average; and
WHEREAS, the CPI-U-All Urban Consumers, Chicago rate for 2003 is 2.0%.
THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
McHenry, Illinois, that the following rates shall be in effect as of February 1, 2003:
User rates in corporate limits:
Water $2.39/1000 gallons
Sewer $2.30/1000 gallons
User rates outside corporate limits:
Water $3.56/1000 gallons
Sewer $3.47/1000 gallons
Sewer Flat rate/Basic User Fee
Sewer $23.00
BE IT FURTHER RESOLVED that a copy of this Resolution shall be made a
permanent part of the City Council minutes.
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PASSED AND APPROVED this 15 day of December, 2003.
AYES: _________________________________________________________________
NAYS: _________________________________________________________________
ABSENT: _______________________________________________________________
ABSTAIN: ______________________________________________________________
_____________________________
Susan E. Low, Mayor
ATTEST:
__________________________________
Janice C. Jones, City Clerk
EXECUTIVE SESSION
TO: Mayor and City Council
FROM: Doug Maxeiner, City Administrator
FOR: December 15, 2003 Regular City Council Meeting
RE: Franks/Merkel Outside Employment Issue
Some time ago, staff brought to the City Council’s attention concerns expressed by Rep. Franks
regarding a perceived conflict in the City allowing Director Merkel to attend County Board meetings
on City time. Rep. Franks stated that he was seeking an opinion from the Attorney General’s office
on the matter.
Late last week City Attorney McArdle forwarded a copy of a letter from Michael Luke, Senior
Assistant Attorney General to Rep. Franks dated November 26, 2003. I would like to point out that
the letter opens by stating that the letter is an informal response to Rep. Franks and concludes by
stating that it “…is not an official opinion of the Attorney General.”
Regardless, Attorney McArdle and I felt that this item should be brought to the attention of the City
Council. The City Attorney and I continue to work through an interpretation of the letter and will
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have some suggestions on how to proceed at the December 15 meeting.