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HomeMy WebLinkAboutPacket - 07/19/2004 - City Council (2) A G E N D A REGULAR CITY COUNCIL MEETING Monday, July 19, 2004, 7:30 P.M. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Presentation: Boy Scout Kurt Loeblich, McHenry Troop 131 5. Public Input Session – 10 Minute Limitation 6. Consent Agenda: A. Picnic/Special Use Permits; B. Request for release of Construction Guarantee, Oaks of McHenry 2A; C. Request for release of Construction Guarantee, Park View Plaza; D. Request to Advertise for Bids for Water Treatment Plant No. 1 Renovation; E. As Needed Checks; and F. List of Bills. 7. Request for Minor Variance - Ricardo and Johanna Martinez, 1803 Redwood Lane 8. Request for Fence Variance - Jerald Kell, 1720 Donavan Street 9. Request for Block Party, Special Event Liquor License, and waiver of all associated fees from the Polish Legion of American Veterans, 1304 Park Street 10. License Agreement allowing use of unimproved Washington Street right-of-way for driveway access, 1602 N. Riverside Drive 11. Request for Variance to allow a second driveway – Steve Schemmel 1618 N Riverside Drive 12. Request for Variance from Subdivision Control Ordinance, Pacini Group LLC, northwest corner of Bull Valley Road/Illinois Route 31 13. Final Plat of Subdivision, Liberty Trails Unit II 14. Engineering Services Agreement for design of Water Treatment Plant No. 2 flood proofing with Baxter & Woodman, Inc. not to exceed $14,500 15. Year 2004/2005 Municipal County Municipal Risk Management Agency (MCMRMA) Renewal 16. Mayor – Statement and Reports 17. Committee Reports 18. Staff Reports 19. Future Agenda Items 20. Adjournment Posted and Mailed: July 14, 2004 CONSENT AGENDA The Consent Agenda for the July 19, 2004 City Council meeting consists of the following items: A. Picnic/Special Use Permits; B. Request for release of Construction Guarantee, Oaks of McHenry 2A; C. Request for release of Construction Guarantee, Park View Plaza; D. Request to Advertise for Bids for Water Treatment Plant No. 1 Renovation; E. As Needed Checks; and F. List of Bills. Attachments PRESENTATION TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 14, 2004 Regular City Council Meeting RE: Presentation of AED and First Aid Kit to McHenry Police Department by Boy Scout Kurt Loeblich, McHenry Troop 131 Attachment: Letter from Kurt Lobelich to Mayor Low As part of an Eagle Scout project, Boy Scout Kurt Loeblich from McHenry Troop 131 will be in attendance to present to the Police Department an Automatic External Defibrillator (AED) and First Aid Kit. In addition to the equipment donation, Kurt Loeblich provided CPR, AED, and First Aid training to McHenry Police Officers. mmg EXECUTIVE SESSION TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 19, 2004, Executive Session RE: Pat Laycock Insurance Coverage Issue Background: Patricia Laycock was a Police Officer for the City of McHenry until she injured herself. Currently, she resides in Florida and receives a disability police pension. In addition she obtains health insurance through a third party provider. She has recently requested (see attached letter) the following from the City related to health insurance. 1.) Reinstate her and her husband to the City’s Health Insurance program, and 2.) Reimburse her for past insurance expenses dating back to November 2001. “The Public Safety Employee Benefits Act” (820 ILCS 320/10) requires employers to provide health insurance. The relevant portions of the Act are as follows: “An employer who employs a full-time law enforcement…who, on or after the effective date of this Act suffers a catastrophic injury or is killed in the line of duty, shall pay the entire premium of the employee’s health insurance plan for the injured employee, the injured employee’s spouse…. The term “health insurance plan” does not include supplemental benefits that are not part of the basic group health insurance plan… Health insurance benefits payable from any other source shall reduce benefits payable under this Section.” Issues: 1.) The City is responsible for providing health insurance for Mrs. Laycock and her husband and is in the process of completing the enrollment process. The City has asked Mrs. Laycock to submit her expenses for the City’s consideration as the manner of reimbursement for her insurance costs since her letter. Please note that Mrs. Laycock was unreachable during the month of May due to a vacation. 2.) Her request to reimburse her for past insurance expenses dating back to November 2001 ($27,750) is the issue that requires direction from the City Council. Mrs. Laycock has been advised that a decision regarding this part of her request has not been made. The City is not responsible for the request. First, her request for a cash payout of what she estimates the City would have paid for her insurance coverage has no basis and is an inaccurate amount. If the City denies the request, there is potential for her to file litigation or resubmit her request. It is unlikely that she will accept “no”. Analysis: The pension and insurance codes (40 ILCS 5/3-124.2 and 215 ICLS 5/367g) provide that Police Officers retiring or given disability pensions may elect to continue to receive health insurance. If the City denies the request to reimburse her for expenses to November 2001, the City’s exposure for some type of claim is based on the notice provided by the City once the pension board’s decision was made. The City provided notice to her as her benefits were expiring as required by COBRA, but did not provide a second election for health insurance coverage after the Pension Board’s decision. A letter from McArdle’s office is attached for your information. The City Council has three options: A. Deny her request for past health coverage. This option is defensible because she chose not to continue the coverage, but there is a chance that if this went to court that the City would not prevail. B. Grant her request (note that the actual expense the City would have incurred is approximately $23,800 as opposed to the $27,750 that she is requesting. The City is not responsible for reimbursing her what would have been paid by the City is she had City insurance. C. Attempt to negotiate a reasonable offer by starting with her actual expenses incurred for health insurance and medical expenses since November 2001. Although this option could potentially prevent litigation, she is not entitled to this and it would set a precedent. Recommendation: Deny Mrs. Patricia Laycock’s request for reimbursement of thirty months of insurance premium. Sequence of Events Re: Patricia Laycock: June 5, 1995 Mrs. Laycock started as Police Officer with the City August 18, 2000 Date of Injury August 17, 2001 Salary Paid at 100% through this date October 2001 Letters to and conversations with Mrs. Laycock Re: Health Insurance Costs and Election to continue Health Insurance Coverage. November 8, 2001 Health Insurance Coverage Terminated November 2001 - The Laycocks did not maintain constant health insurance coverage January 31, 2002 Paid at 662/3% by Gallagher Bassett through this date February 1, 2002 Date of Disability Pension February 28, 2002 Date of first disability pension check April 7, 2004 Letter from Mrs. Laycock requesting health insurance June 2004 Reinstate Mr. and Mrs. Laycock to the City’s Health Insurance Note: City of McHenry Health Insurance Charges: November 2001 $773.71 for family per month (5 months = $3,868.55) April 2002 $873.06 family (12 months = $10,476.72) April 2003 $787.75 single plus one per month (12 months = $9,453) April 2004 $840.81 single plus one per month (3 months = $2,522.43) AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John T. Lockerby, Assistant City Administrator FOR: July 19, 20043 Regular City Council Meeting RE: 2004/2005 MCMRMA Renewal Recommendation: To approve payment to the McHenry County Municipal Risk Management Agency in the amount of $601,166 divided into two payments of $300,583 due July and October 2004, for Year 2004/2005 Insurance Renewal Year. Background. The City of McHenry has been a member of the McHenry County Municipal Risk Management Agency (MCMRMA) insurance pool since its inception in 1988. MCMRMA consists of eight public entities and provides risk-financing mechanisms for funding of worker compensation, casualty, property, and liability losses in addition to providing loss prevention and claim administration services. The pool is administered by Nugent Risk Management Services and Gallagher Bassett Services, Inc. provides loss prevention support. Analysis. McHenry’s portion of the 2004/2005 renewal increased $43,915 or 7.9% from last year. This is due primarily to the continued trend of rising costs in the insurance market. The plan is fully funded at this level eliminating the possibility of a future assessment from the pool. The 2004/05 budget for risk management purposes is $650,000. mmg AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 19, 2004 Regular City Council Meeting RE: Request from the Polish Legion of American Veterans to host a Block Party with live entertainment on August 1, 2004 and a Special Event Liquor License and waiver of all associated fees. The city received a request from the Polish Legion of American Veterans located at 1304 N. Park Street to host its Annual Block Party on Sunday, August 1, 2004 from 2:00 PM to 6:00 PM. The legion is requesting that Park Street be closed between Elm and Pearl Streets from 12:00 PM to 6:00 PM to facilitate the event. They have applied for a Special Event Liquor License to sell beer from a beer truck located on legion property and request that the $25 fee be waived. The live entertainment will be a deejay setup on Park Street. Last year, the City Council granted approval of this request with the following conditions: 1. The beer wagon is to be stationed on Legion property. 2. Regular Legion Staff to monitor the consumption and legal drinking age of all patrons. 3. Wristbands required to be worn by persons of legal drinking age. 4. Live entertainment authorized to perform outside from 2:00 PM to 6:00 PM. 5. Closure of a portion of Park Street between Elm Street and Pearl Street closed from 12:00 PM to 6:00 PM. 6. Contact the Public Works Street Division at 363.2186 to arrange placement of street barricades. Recommendation: It is the Mayor’s and staff’s recommendation to approve the request from the Polish Legion of American Veterans to host a Block Party with live entertainment and the Special Event Liquor License with the conditions listed above for August 1, 2003 from 12:00 PM to 6:00 PM. Julie Siok, President of the Polish Legion Ladies Auxiliary has been invited to the City Council meeting. mmg CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: July 19, 2004 Regular City Council Meeting RE: Water Plant No. 1 Renovation RECOMMENDATION: Authorize the request to advertise for bids for the renovation of Water Treatment Plant No. 1 Background. The Water Division has reported a loss in production over the years due to aging infrastructure that is used to pump raw water from the Wells No. 1 and 2. To date the well pumps are operating at approximately 65% of production capacity. At the December 1, 2003 meeting, the City Council authorized an Engineering Service Agreement with Baxter and Woodman to design and engineer the renovation of Water Treatment Plant No. 1 for an amount not to exceed $56,100.00. The renovation will improve the performance of the filtration process and obtain the ability to efficiently filter a 1000 GPM capacity system. As a result of advanced technology, the city has the capability of generating 800 to 1000 GPM from Wells No. 2 and 3. The renovation of the water treatment facility will include a more efficient means of iron and hydrogen sulfide removal that will provide residents with higher quality water. The scope of the project also includes a 30’ by 36’ addition to the north side of the existing well house to store the new aeration and filtering equipment. Baxter and Woodman has completed the final plans, specifications, and bid documents for the renovation of Water Treatment Plant No. 1. Staff is requesting City Council direction to advertise for bids. The project is included in the 2004/2005 budget under the Utility Improvement Fund for $1,650,000. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: July 19, 2004 Regular City Council Meeting RE: Water Treatment Plant No. 2 ATTACHMENTS: Engineering Service Agreement RECOMMENDATION: Approve the Engineering Service Agreement from Baxter and Woodman for the evaluation and design of the Water Treatment Plant No. 2 flood proofing in an amount not to exceed $14,500.00 Background. During an unannounced site visit from the Illinois Environmental Protection Agency (IEPA) in the spring of 2002, it was noted that the Water Treatment Plant No. 2 and Wells No. 5 and 6 located at 1401 Beach Road might have been constructed within the floodway. The IEPA conducts unannounced visits to all of the city’s treatment plants and wells every three years. When Water Treatment Plant No. 2 and Wells No. 5 and 6 were originally constructed in 1978 the Federal Emergency Management Agency (FEMA) had not yet formally established the base flood elevation. Analysis. According to Section 635.118 of the Design, Operation and Maintenance Criteria set forth by the IEPA, all community water supply structures must maintain a vertical separation of 2’ above the maximum high water elevation. After receiving this information from the IEPA the city contracted Woodstock Land Surveyors, Inc. to perform a topographic study to determine the elevations of the well building. The attached letter confirms the finished floor elevation of the well building is at 759.57 or 4.43 feet below elevation requirement. Baxter and Woodman was asked to submit an Engineering Service Agreement to determine the most cost-effective solution and design of needed improvements to bring the water treatment plant and its wells into compliance with current IEPA regulations. The project was included in the 2004/2005 budget under the Utility Improvement Fund for $125,000. EXECUTIVE SESSION TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: July 19, 2004 Regular City Council Meeting RE: Elevated Water Storage Tank No. 4 ATTACHMENTS: Location Map RECOMMENDATION: To authorize the Purchase of a one-acre parcel and 20-foot access easement adjacent to Crystal Lake Road for the construction of Elevated Water Storage Tank No. 4 not to exceed $50,000 from Gordon Stade. Background. Pursuant to the City of McHenry Master Plan, an expansion of the city’s’ water system has been anticipated. Due to the recent development west of town, it was recommended by Baxter and Woodman to focus the expansion to the west. In anticipation of the construction of the approved Water Supply Wells No. 12 and 13, a Water Tower Site and Style Study from Baxter and Woodman was obtained. The study, presented to the Public Works Committee in June 2003, included an analysis of various locations for Elevated Water Storage Tank No. 4. The committee directed staff to research the availability of the proposed site behind the BP Amoco property on the southwest corner of Crystal Lake and Bull Valley Roads, which is owned by Gordon Stade. Mr. Stade has agreed to work with the city and to sell the land needed to facilitate the storage tank for $50,000.