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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. mmg 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. th 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 th have some suggestions on how to proceed at the December 15 meeting.