McHenry Times

City of Marengo City Council met Nov. 25

Here are the minutes provided by the council:

CALL TO ORDER 

Mayor John Koziol called the meeting to order at 7:00 PM and led everyone in the Pledge of Allegiance. 

ROLL CALL 

Present this evening ire Mayor John Koziol; Aldermen Proffitt, Mortensen, Mobley, Keenum, DeSerto, Weiss, Miller and DeBoer. Also present are City Administrator Nick Radcliffe. Director of Public Works Daniel Javed, City Attomey David McArdle, Director of FinanceiHR Megan Lopez, and Chief of Police Nathan Hayes. 

PUBLIC COMMENTS

City Administrator Nick Radcliffe repofied that he has reached out to MDC to discuss senior rates, smaller totes and seasonal/snowbird options. He noted that most ofthese options, if approved, would cause a rate increase. 

Flayden Creasy, President of Marengo Union Chamber of Commerce expressed his concern about the $50 business license fee. He feels the Chamber was excluded from the decision that was made by the city. He asked if the city did a time study on how long this will take to maintain, whether they will need to hire personnel and how this will be enforced? He is requesting the City Council to repeal ordinance 24-8-3 to renegotiate. The City Council agreed that they would be in favor of this being brought back to council at a later date to discuss. 

Deena Holstein is asking what the "in the near future" means to the city meeting with MDC. City Administrator Nick Radcliffe stated that he has spoken with MDC and they are still working through the re-negotiation of the current contract. There is a lot of data and number crunching that MDC will need to handle. 

Rebecca Arragoni stated she spoke with Alde man Protfitt and Alderman DeSerlo and asked about a few properties in Marengo that have trash on them, specifically Railroad Street and Ann Street. City Administrator Nick Radcliffe will be checking in with our Code Enforcement Officer and respond to her conoern with an email. She spoke with Noah at MDC and stated thal Noah said there is an Opt-Out Option. She asked City Administrator Nick Radcliffb ilthat is thc correct statement and he stated if that is u,hat MDC stated. to take their n'ord as he is employed by MDC. Regarding her swimming pool issue, Mayor Koziol thought they were going 10 meet on this, but also stated that one permit was obtained but did not call for a final inspection and one did not pull a permit at all. She also asked about the tax levy, which will be discussed later in this meeting. 

Christian Knightley asked for clarification if we will bo amending the current agreement. He also asked how many garbage companies the city spoke with. City Administrator Nick Radcliffe spoke on the phone with LRS, Groot, MDC. Ile asked if the city spoke with the Flood Garbage Company as well. Director of Public Works Dan Javed stated they have attended a McHenry County Municipal partnership meeting. He stated what they are seeing is that the local municipalities all over the area and are seeing the same issues with the refuse contracts. 

Jodene Wagley recommended when the city meets with MDC, instead of pushing a senior discount, push for the "usage" discount as well. She is requesting for the city to continue to communicate with residents. MDC is continuing to tell them they are unable 1o pick up the 

additional carts at this time to residents who received additional carts, even though they currently have carts. 

Chamber of Commerce Presentation to the Police Department 

Colleen Helfbrs, chairman for Settlers Days, presented the Marengo Police Department with a $200 check, the proceeds from the Duck Poop Bingo as well as a 9400 check on behalf of the Marengo-Union Chamber of Commerce and McHenry County Marine Corps League. She was 

diagnosed with breast cancer over the summer, had her final checkup, and was given a clean bill of health. Due to receiving the support she was given, she made a personal donation of $ 150, bringing the total donations to the Marengo Police Department $750.00 for the 2024 Breast Cancer Awareness Campaign. 

APPROVAL OF MINUTES November I2, 2024, Regular Meeting Minutes 

Alderman DeBoer made a motion, seconded by Alderman Keenum to approve the minutes from the November 12,2024 meeting. 

The alderman voted as follows: 

Ayes: Proffitt, Weiss, Mortensen, Miller, DeBoer, DeSerto, Mobley and Keenum Nays: 0 

Absent: 0 

Abstain: 0 

This motion passed. 

APPROVAL OF LIST OF BILLS - Motion to Approve the November 25, 2021, List of Bills in the Total Amount of $758,961.57. 

Alderman Mobley made a motion, seconded by Alderman DeBoer to approve the list of bills in the amount of $758,961.57. 

The aldermen voted as follows:

Ayes: Proffitt, Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum Nays: 0 

Absent: 0 

Abstain: 0 

This motion passed. 

NEW BUSINESS

a. Annual Police Pension Presentation 

Officer JR with the Marengo Police Department stated the City is making progress. Based on the accompanying reports, the pension fund is currently al45.05yo funded. last year at this time we were only al44.41Yo funded. The fund increased by .64%. According to the reports they are requesting the contribution of $1,402,921 that is the maximum, but the minimum statutory requirement of$858,382. Alt of the funds are sent down-state where they are invested. According to the October report, the pension fund is currently at $8,563,968.39. Last year in comparison, we were al $6,699,271.70. For the last seven years, the city has at least met the minimum or exceeded the minimum requirement. Director of HR/Finance Megan Lopez slated the $1.4M Officer JR has in his memo will get us 100% funded by 2030 and the $858,382 will get us to 90% funded by 2040. 

Mayor Koziol skipped to item f. 

b. Property Tax Discussion 

Director of Finance/HR Megan Lopez stated that the township assessors and the City of Marengo are working concurrently at the same time. The township assessor is determining the property values then will submit to the County to go to the board ofreview as well as the County Clerk. At the same time we are passing our budget and having our discussion to come up with a rate to present to the County, which then gets applied to your property tax bill. Property tax revenue is sometimes the primary and only source of revenue for some funds including the audit, Police Pension and cemetery funds. The Audit was approved a few months back, with a proposal of $28K which included $3,500 for the single audit if we are required to do it. Police Pension, minimum contribution for next fiscal year is $858,282. For this curent fiscal year the minimum commitment was $819,484. We took $639,000 from property taxes and supplemented $179.000 from the general fund to make the minimum contribution. New construction is estimated at $7M. Staff is recommending a 7.1% tax levy which should be able to capture all new property tax growth that amounts to $2,020,830.93. Based on the PI'IA law, the city would have to post for a public hearing. Out of all taxing districts, the city receives 12.5%. Megan stated she reached out to other taxing bodies, the Park District is asking for 10.97%, District I 65 is asking for 6.10%, Marengo Fire District is asking for 15%. Village of Hampshire is asking for 12%, City of Crystal Lake is asking for 3.4%, and the Village of Johnsburg is asking for 5.9%. She did contact the Library, but did not receive a call back from them. City Administrator Nick Radcliffe did statc that these numbers are only estimated and we will have more information on December 27th, once the Riley 'l'ownship certifled results from the County. 

If the City Council were to want to discuss this further, a motion in compliance with the truth and taxation law to determine the 2024 property lax levy at 7.1% or in amount of $2,020,830.93 is recommended. 

Alderman Mobley made a motion, seconded by Alderman Keenum in compliance with the truth and taxation law to determine the 2024 property tax levy 7.1% or in amount of $2,020.830.93 

The aldermen voted as follows: 

Ayes: Miller, Mobley, DeBoer Weiss and Keenum 

Nays: DeSerto, Proffitt, Morlensen 

Absent:0 

Abstain: 0 

This motion passed 5-3. 

c. Water and Sewer Extension Bids 

Motion to award Water Main and Sanitary Sewer Extensions - Contract C with both alternates to the lowest responsive, responsible bidder Swallow Construction Corporation in the amount of $8 ,355,771 .95 and to allow the Mayor and City Clerk to execute contract documents. 

McMahon Engineer Chelsea Bauman stated Swallow Construction came in at the lowest bid, McMahon and City staff stated they have not worked with Swallow Construction in the past, but McMahon requested three references and Swanson Construction provided ten references. The references have come back with all positive feedback and highly recommended Swallow Construction. 

City Administrator Nick Radcliffe and Director of Finance/HR stated they have concerns about the reimbursements coming from the grant as the reimbursement process has been slow and inconsistent. lf we do not see the reimbursement on a monthly basis. we would need to borrow from our gap financing which is very costly in interest, and interest is not reimbursable. 

Alderman Proffitt made a motion, seconded by Alderman DeBoer to award Water Main and Sanitary Sewer Extensions - Contract C with both altenates to the lowest responsive, responsible bidder Swallow Construction Corporation in the amount ol' $8,355,771.95 and to allow the Mayor and City Clerk to execute contract documents 

The aldermen voted as follows: 

Ayes: Proffitt, Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum Nays:0 

Absent: 0 

Abstain: 0 

This motion passed. 

d. Water and Sewer Extension Change Order 

Motion to grant authority to the Mayor and City Administrator to execute Change Orders deemed to be emergency in nature by the Mayor on the Water Main and Sanitary Sewer Extensions - Contract C in an amount not to exceed $50,000 per Change Order with verbal or email notice to the City Council as soon as practicable 

Alderman Mortensen made a motion, seconded by Alderman DeBoer to grant authority to the Mayor and City Administrator to execute Change Orders deemed to be emergency in nature by the Mayor on the Water Main and Sanitary Sewer Extensions - Contract C in an amount not to exceed $50,000 per Change Order with verbal or email notice to the City Council as soon as practicable 

The aldermen voted as follows: 

Ayes: Proffitt, Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum Nays:0 

Absent:0 

Abstain: 0 

This motion passed 

e. Water treatment Addition Change Order 

Motion to Approve a change order for the Water Treatment Addition contract from the awarded amount of $7,263.000.00 to $7,302,605.60 

Alderman DeSerto made a motion, seconded by Alderman Proffitt to Approve a change order for the Water Treatment Addition contract from the awarded amount of $7.263.000.00 to $7,302,605.60 

The aldermen voted as follows: 

Ayes: Proffitt, Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum Nays: 0 

Absent: 0 

Abstain:0 

This motion passed 

f. Prospect Street Railroad Agreement 

Motion to Authorize the Mayor and City Clerk to execute a public highway at grade crossing agreement with Union Pacific Railroad regarding Prospect Street Railroad Crossing subject to final edits by the city engineer Baxter and Woodman and the Mayor Alderman DeBoer had several questions as stated below: 

1. Section 7A of the contracts states that The Railroad shall be responsible for designing and installing the muli-use path crossing waning system and modifications to its existing vehicular crossing devices. The work to be perlbrmed by the Railroad, at the Political Body's sold cost and expense, is described in the Railroads Material and Force Account Estimates dated July 25, 2024 and h;Jy 26,202, marked Exhibit C attached hereto and hereby made a part of hereof (the "Estimates, the Railroad's Estimated cost for the Railroads work associated with the Project is $533,827.00. Alderman Deboer stated it will obviously be well outside of the 6 month date for this estimate by the time construction commences, so how much ofa delay or what extra costs will there be fbr the City for the Railroad to present us with a new estimate. As these dates are not accurate, she stated they should be changed to reflect the correct timing. 2. Section 7D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within 365 days. Alderman DeBoer questioned, we have to pay within 30 days of receipt of progressive billing but they have 365 days to final bill? 

3. Section 10. 

B. The Railroad, if it so elects to terminate this Agreement effective upon delivery of written notice to the Political Body in the even the Political Body does not commence construction on the portion of the Project located on the Railroad's property within 18 months from the Eifective Date. 

D. If the Agreement is terminated as provided above, or for any reason, the Political Body shall pay the Railroad all actual costs incurred by the Railroad. 

Alderman DeBoer is concerned with the history of delay on the last Prospect Street Project, this could be a huge liability. 

4. Section 14. Special Provisions Pertaining to American Recovery and Reinvestment ACT of 2009. 

Alderman DcBoer asked if any of the grants Baxter and Woodman found for us is going to require this paperwork to be completed, if so will Baxter and Woodman complete it? 

5. The city will be responsible to pay for the pavement maintenance inside the crossing area and outside the crossing area outside of 24 inches from the railway as well as the maintenance of the pedestrian gates. 

6. Section 6 Changes in Grade. 

Alderman DeBoer asked if the Railroad will contact us stating we need to pay our portion of X Dollars and how can this be budgeted? City Attomey David McArdle stated the UP wilt be responsible for any change in grade and future track. 

7. Flagging - Alderman Miller stated that in his experience that if the UP does not have flaggers available, they can pull the flaggers for the day which can be very costly. 

8. Annual maintenance cost 

Alderman DeBoer stated that the City is not responsible to pay annual maintenance costs. 

9. Article 5 - Schedule of work on a month basis. 

Alderman DeBoer asked if Baxter and Woodman would be maintaining this agreement 

Alderman Miller made a motion, seconded by Alderman Mobley to Authorize the Mayor and City Clerk to execute a public highway at grade crossing agreement with Union Pacific Railroad regarding Prospect Street Railroad Crossing subject to final edits by the city engineer Baxter and Woodman and the Mayor 

The aldermen voted as follows: 

Ayes: Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum Nays: Proffitt 

Absent: 0 

Abstain: 0 

This motion passed 7-1. 

MAYOR'S STATEMENT AND REPORT 

Mayor Koziol reported had no report 

DEPARTMENT HEAD AND STAFF REPORTS

HR/Finance Director Megan Lopez 

HR/Finance Director Megan Lopez stated her report will be in closed session 

City Administrator Nick Radcliffe 

City Administrator Nick Radcliffe reported that we have CDBG grant documentation from the County for the Elm Street sidewalk project and is working through the final submittal. The Elm Street Sidewalk project was budgeted for and also reported the Annual TIF meeting is next week.

Director of Public Works Daniel Javed 

Director ofPublic Works Daniel Javed reported the city has been part of the rook river watershed group. They have completed the nutrition and reduction plan. The plan is put together and has a final meeting on 12/11 to finalize the plan. Working on the updates for the LED service testing. He also wanted to thank the County for providing an email twice a day with the weather forecast from D'TN for their winter operations. This is helping Public Works to make better decisions for the city. 

Chief of Police Nathan Hayes 

Chief of Police Nathan Hayes had no report

City Attorney David McArdle 

City Attorney David McArdle stated his report will be in closed session 

CITY COUNCIL REPORT 

Alderman Miller requested an update on IDOT about West Route 20 repair. Director of Public Works Dan Javed stated he did receive an email back and there is no more work scheduled in the area by the department. The Bureau ofOperations has submitted a request that the area be repaved, but has not been approved yet. 

Alderman Proffitt questioned the 6502 Maple Street update. City Administrator Nick Radcliffe will respond to Alderman Proffitt's question the following day. He also asked about the street light on Route 23 that is flickering. Director of Public Works Dan.laved stated they are troubleshooting the issue but will have response on how to fix it.

10. EXECUTIVE SESSION 

a. Discussion on the appointment, employment, compensation, discipline, performance, or dismissal of specific employees pursuant to 5 ILCS 12012 (c) (I) 

b. Litigation in pursuant to 5 ILCS 12012(c)(ll) 

Alderrnan DeBoer made a motion at 9:00 p.m. that the City Council may adjourn to closed for Litigation pursuant 1o 5 ILCS 120/2(c)(11) and Discussion on the appointment, employment, compensation, discipline, performance or dismissal of specific employees pursuant to 5 ILCS 120/2 (c)(l) session seconded by Alderman DeSerto. 

The alderman voted as follows:

Ayes: Proffitt, Miller, Mortensen, Mobley, DeBoer Weiss, DeSerto and Keenum

Nays:0 

Absent:0 

Abstain: 0 

This motion passed 

ROLL CALL FOLLOWING THE RETURN FROM EXECUTIVE SESSION

Present this evening at 9:32PM are Mayor John Koziol; Aldermen Proffitt, Mortensen, Mobley. Keenum, DeSerlo, Weiss, Miller and DeBoer. Also present are City Administrator Nick Radcliffe, Director ol'Public Works Daniel Javed, City Attorney David McArdle, Director of Finance/HR Megan Lopez, and Chief of Police Nathan Hayes. 

ADJOURNMENT

Alderman DeBoer made a motion, seconded by Alderman Mobley at 9:33PM. This passed with a voice vote. 

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