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Packet - 10/12/2009 - City Council
City of MCHenry 333 South Green Street r www.ci.mchenry.il.us McHenry,Illinois 60050-5495 ' ,i Mayor's Office (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Monday, October 12, 2009, 7:30 PM Clerk's Office (815)363-2100 Fax(815)363-2128 Administration (815)363-2108 1. Call to Order Fax(815)363-2119 2. Roll Call Public Works fv�� Community 3. Public Input Session: 10 Minute Limitation Development (815)363-2170 4. Consent Agenda: Fax(815)363-2173 A. September 21, and September 28, 2009 City Council meeting minutes; and B. List of Bills. Parks and Recreation (815)363-2160 5. Class A Liquor License for BuddyZ Riverwalk, Inc.d/b/a BuddyZ Riverwalk,A Chicago Pizzeria, Fax(815)363-3186 3542 West Waukegan Road and ordinance increasing the number of Class A licenses from 26 to 27 Police Non-Emergency (815)363-2200 6, Class F1 liquor license for FSJ Enterprises, Inc.d/b/a Liquors&Wines, 520 South Route 31 and Fax(815)363-2149 ordinance increasing the number of Class F1 licenses from three to four Mayor 7. Recommendation to discontinue staff and consultant planning and implementation efforts for a Susan E.Low Disc Golf Course in Cold Springs Park due to projected costs for the facility. City Clerk 8. Ordinance authorizing a second amendment to the Curtis Commercial Redevelopment Janice C.Jones Agreement, 1110 North Green Street Treasurer 9. 2010 Street Resurfacing Program David M.Welter 10. Mayor — Statement and Reports Aldermen 11. Committee Reports WARD i Victor A. Santi 12. Staff Reports WARD 2 13. Future Agenda Items Andrew A.Glab WARD 3 14. Adjournment Jeffrey A. Schaefer Posted: October 7, 2009 WARD 4 Steven C.Murgatroyd WARD 5 Richard W.Wimmer WARD 6 Robert J.Peterson WARD 7 Geri A.Condon WNW ENT AGEMOIA The Consent Agenda for the October 12, 2009 City Council meeting consists of the following items: A. September 21, and September 28, 2009 City Council meeting minutes;and B. List of Bills. Commitment REGULAR MEETING SEPTEMBER 21,2009 Mayor Low called the regularly scheduled September 21, 2009 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Absent: Condon. Also in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Police Chief Brogan, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Finance Director Black, City Engineer Cieslica. Mayor Low invited representatives of McHenry Webelos Pack 131 to lead the assembly in the Pledge of Allegiance. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input provided by Council. CONSENT AGENDA Motion by Schaefer, seconded by Santi,to accept the Consent Agenda as presented: A. Final payment for Well No 2 rehabilitation and authorizing change order adding$4,985 to contract amount—Water Well Solutions; B. Committee recommendation to approve financial policies; C. Request for Block Party: Mark Nunley,2710 Bush Terrace,Saturday,September 26,2009; D. list of Bills: ACE TOWING & RECOVERY 55.00 ADAMS STEEL SERVICE INC 15.00 ARAMARK 59.97 AT&T 3,311.35 BECKER, CASSANDRA L 310.00 BRENNAN, DAN 210.00 CDW dOVERNMENT INC 1,560.00 COMCAST CABLE 75.78 COMMUNICATIONS REVOLVING 115.00 CONSERV FS 117.95 CRESCENT ELECTRIC SUPPLY 192.60 DEMARAIS, DAVE 33.00 FORE GOLF LLC 815.00 GEOGLEIN, EUGENE 3,375.00 HAWKINS INC 1,511.38 IPMA-HR 360.00 LEMBKE TRUCK SERVICE INC 287.20 MACDONALD, BJ 30.00 MARTEL, SUSAN 43.00 MCCANN INDUSTRIES INC 64.11 MCH CTY MUNICIPAL RISK M 328,765.00 MCHENRY ANALYTICAL WATER 60.00 MCMASTER-CARR SUPPLY CO 47.77 MEADE ELECTRIC COMPANY I 184.94 MIDWEST HOSE AND FITTING 34.60 MIDWEST METER INC 61.50 MINUTEMAN PRESS OF MCH 615.20 Page 2 September 21,2009 NEXTEL 1,771.78 NICOR GAS 419.35 NORTHWEST ELECTRICAL SUP 65.60 OTTOSEN BRITZ KELLY COOP 1,120.00 PACE 6,866.89 PETROLIANCE LLC 435.76 REINDERS INC 365.71 SAM'S CLUB 139.83 SCHOPEN PEST SOLUTIONS 165.00 SECRETARY OF STATE / POL 79.00 STAN'S FINANCIAL SERVICE 222.00 STAPLES BUSINESS ADVANTA 261.08 VERIZON WIRELESS 155.10 WASTE MANAGEMENT OF WI P 7,154.69 WITT, CINDY 83.94 GRAND TOTALS 361,616.08 FUND TOTALS GENERAL FUND 20,953.45 WATER/SEWER FUND 9,927.36 RISK MANAGEMENT FUND 328,765.00 INFORMATION TECHNOLOGY FUND 1,970.27 TOTALS 361,616.08 FUND TOTALS GENERAL FUND 12,633.55 PAGEANT FUND 1,274.19 BAND FUND 600.00 WATER/SEWER FUND 455.23 EMPLOYEE INSURANCE FUND 119,638.01 INFORMATION TECHNOLOGY FUND 14.00 TOTALS 134,614.98 Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson. .r Voting Nay: None. Absent: Condon. Motion carried. REQUEST FOR EXTENSION TO SUBMIT FINAL PLAT FOR PROPOSED BROOKE ESTATES DEVELOPMENT—ANDREAS AND DEBORAH SZECHOWYCZ Deputy City Administrator Martin stated as Council will recall Andreas and Deborah Szechowycz requested annexation of their property abutting Ridge Road comprised of 6.46 acres in September 2007. At that time Council authorized the annexation subject to the applicants submitting final plat of subdivision for review and consideration by September 2008. In August 2008,the applicants sought and received a one-year extension of the requirement for final plat submittal. At this time, the Szechowycz' are seeking an additional two-year extension due to the uncertainty associated with the state of the current economy. Staff has reviewed the request and is comfortable with a one-year extension at this time. Alderman Glab noted Staffs reservation with the number of extensions already granted to the applicants. Deputy City Administrator Martin responded the request for extensions is largely due to the uncertainty in the housing market. Page 3 September 21,2009 Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to approve a one-year extension of the final plat submittal requirement by Andreas and Deborah Szechowycz for their 6.46-acre property located on Ridge Road. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. AGREEMENT FOR EASEMENT APPRAISAL FOR SANITARY SEWER CONVEYANCE LINE — HARRISON &ASSOCIATES IN THE AMOUNT NOT-TO-EXCEED$13,200 City Administrator Maxeiner stated Council on March 30, 2009 authorized an engineering services agreement with SEC Group for sanitary sewer improvements associated with the Central Wastewater Treatment Plant (CWWTP) and the South Wastewater Treatment Plant (SWWTP). The agreement included the identification of necessary easements required to construct the sanitary sewer conveyance line between the CWWTP and SWWTP. SEC Group has determined the best route for the conveyance line which would cross McHenry Country Club property in two locations. Consequently, Staff is seeking municipal utility easements on these portions of the McHenry Country Club property to allow the construction and maintenance of the conveyance line. City Administrator Maxeiner noted it has been determined the best way to proceed is for the City to obtain an appraisal of the proposed easements. Harrison & Associates has submitted a proposal which would include the following: • Phase I consulting services to determine the exact details of what needs to be appraised in the amount not-to-exceed $3,200; • Phase II valuation services to include an appraisal report culminating in an opinion of compensation for the required easements in the amount not-to-exceed $10,000; • Phase III post-appraisal services including negotiation, updating the appraisal, conferences, preparation, deposition time, court stand-by, court appearance, and testimony for an hourly rate of$320. City Administrator Maxeiner stated it is Staffs recommendation to authorize the Mayor's execution of an agreement with Harrison & Associates for Phase I and Phase II of a appraisal services proposal submitted regarding proposed easements relating to the CWWTP to SWWTP conveyance line in the amount not-to-exceed $13,200. Public Works Director Schmitt stated he has been working with McHenry Country Club board members regarding the proposed easements. At this time Staff is attempting to ascertain the monetary value of the proposed easements. City Engineer Cieslica explained the process which would occur in constructing the conveyance line and the engineering required to prepare for the process. Page 4 September 21,2009 In response to Alderman Santi's inquiry regarding a possible staging area for the installation of the conveyance line, City Engineer Cieslica stated a staging area would be required as part of the process to install the line. Alderman Wimmer inquired if there was a reason Harrison & Associates was chosen as the appraisal firm. City Administrator Maxeiner responded the City has always found their work to be exceptional. Staff has a high level of confidence in the work previously submitted by this firm. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to authorize the Mayor's execution of a proposal submitted by Harrison & Associates for the following work to be conducted with regard to the obtaining of easement for construction and maintenance of a conveyance line between the CWWTP and SWWTP for the following work in the amount not-to-exceed $13,200: • Phase I consulting services to determine the exact details of what needs to be appraised in the amount not-to-exceed $3,200; • Phase II valuation services to include an appraisal report culminating in an opinion of compensation for the required easements in the amount not-to-exceed $10,000. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low noted today is the last full day of summer and expressed her gratitude for so many great activities enjoyed by the community during the season. She thanked Staff for all the efforts which went into making each event a success in the City. COMMITTEE REPORTS Chairman Alderman Wimmer reported a Public Works Committee meeting was held this evening prior to the Council meeting. Minutes will be forthcoming. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS No Future Agenda Items were discussed. EXECUTIVE SESSION: IMMINENT LITIGATION Motion by Peterson, seconded by Wimmer, to go into Executive Session to discuss Imminent Litigation at 7:45 p.m. Page 5 September 21,2009 Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Council went into Executive Session at 7:48 p.m. Motion by Wimmer,seconded by Schaefer to go back into Open Session at 8:04 p.m. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Council went back into Open Session at 8:04 p.m. OPEN SESSION REGARDING MATTERS DISCUSSION IN EXECUTIVE SESSION Motion by Wimmer, seconded by Glab, to authorize the City Administrator and City Attorney to finalize an agreement with Arch Insurance and to authorize the Mayor to sign the Agreement and Release for an unrestricted cash payment of $1.0 million for the public improvements in the Legend Lakes Subdivision. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. ADJOURNMENT Motion by Santi, seconded by Wimmer,to adjourn the meeting at 8:05 p.m. Voting Aye: Santi,Glab,Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. The meeting was adjourned at 8:05 p.m. Mayor City Clerk REGULAR MEETING SEPTEMBER 28j 2009 Mayor Low called the regularly scheduled September 28, 2009 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Also in attendance were: City Administrator Maxeiner,City Clerk Jones,City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Police Chief Brogan, Director Construction Neighborhood Services Schwalenberg, Public Works Director Schmitt, Finance Director Black, City Engineer Cieslica. PUBLIC HEARING:CREATION OF WAUKEGAN-MAIN HISTORIC DISTRICT Mayor Low called a Public Hearing to order at 7:32 p.m. regarding the creation of the Waukegan-Main Historic District. Deputy City Administrator Martin stated the purpose of the public hearing is to provide an opportunity for public input regarding the creation of the proposed District. Certified notices of the Public Hearing were sent to all property owners within the proposed District. Abutting property owners were also notified via regular mail of the Public Hearing. Notice was published in the Northwest Herald. Deputy City Administrator Martin noted several verbal comments have been received in the Office of the City Clerk. Written correspondence was received from Ron Bykowski who owns several parcels within the proposed District. He is requesting the properties from 3810 to 3822 Waukegan Road be excluded from the District as he plans to redevelop this property in the future. Additionally, Nancy Vazanno who owns the vacant parcel directly west of Landmark School has requested the portion of her property which extends down to Waukegan Road be . excluded from the District. Deputy City Administrator Martin stated at the conclusion of the Public Hearing, the Council may choose to: • Designate the landmark or preservation district by ordinance; • Refer the report and recommendation back to the Landmark Commission with suggestions for revisions;or • Deny the landmark designation. Deputy City Administrator Martin noted if Council denies the creation of the District, no nomination for landmark designation of the same site,structure or district shall be made within 90 days of the denial. Mayor Low invited questions and comments from the audience. Richard Smith of 3705 Main Street addressed Council noting his residence was constructed in the 1900's by his wife's family. He inquired why the apartment building and AI'N Page 2 September 28,2009 Ann's building are not included within the District. Mr. Smith requested that his home be excluded from the District. Scott Schultz of 3619 Main Street addressed Council stating he likes the idea of establishing an historic district. He noted, however, he has issues with how this historic district is set up. He stated the biggest issue is the fact that no buildings within the business district have been incorporated Into the District. He opined some vital pieces to McHenry's history are not being included in the District. Mr. Schultz further stated there are many issues which need to be addressed if this is to be done properly. Mr. Schultz inquired how building a house on a vacant lot would be affected if the vacant land is located within the District. Matthew Olk of 3701 Main Street addressed Council and inquired if other communities with established historic districts have been asked the pros and cons.regarding this issue. He also inquired how the parameters of the District were established. Jason Golnick of 3608 John Street addressed Council and stated he built the house on John Street for his parents. He stated he has had experience dealing with building in historic districts. He noted there has been some difficulty with regard to obtaining building department approvals when an historic district has been involved. Marion Metz of 3813 Waukegan Road addressed Council stating he fundamentally resents having to ask an agency for permission to do something to his own home. He noted good people take care of their homes. Julie Pieruccini of 3811 Waukegan Road addressed Council stating her home needs renovation. She noted there are rentals across the street from her home. Everyone on her side of the street takes care of their homes. Dennis Young of 3803 Main Street addressed Council stating he ran into difficulty with homeowner's insurance this past summer because his house is plaqued. He Inquired what sort of difficulty would be encountered once his property is located within the historic district. Jason Golnick of 3803 Main Street addressed Council again noting a lot of people will have difficulty selling their property if their homes are included in the historic district. He stated as a contractor he has discovered many people do not want to pay additional costs which could be associated with being included in a District. This would cause a burden on included homeowners. Gerhard Rosenberg of 3716 Waukegan addressed Council stating some misinformation about the historic district has been spread throughout the community. He stated houses can be built that are similar to those already existing in the area. Deputy City Administrator Martin responded to some of the comments/questions as follows: Page 3 September 28,2W9 • Five years ago the City attempted to establish an historic district which included a fairly large area and incorporated commercial properties within its boundaries.The proposed district before Council for consideration this evening was deliberately made smaller in order to be more manageable; • In order for the District to be successful, It must be properly administered; • The school buildings have not been included as the schools are part of a separate taxing body and not subject to City building regulations; • Packets were not sent to every property within and/or abutting the District due to the cost of producing and mailing them; • The Landmark Commission has done extensive research and communicated with other communities regarding their established historic districts; • Research conducted by the City has indicated there would be no immediate increase in taxes as a consequence of the District being implemented; • Simply put, a building at least 50 years old would qualify to be considered of historic value. City Administrator Maxeiner stated all information received this evening will be summarized for the Landmark Commission who will then make a recommendation to City Council regarding the possible establishment of the historic district. Matthew Olk of 3701 Main Street stated he would like more in-depth answers to his questions. He suggested the Landmark Commission along with City Council be made available to respond to residents/property owner's questions. David Gelwicks of 3817 Waukegan addressed Council stating he has concerns with his home becoming part of a small exclusive group that is managed by government control. Mayor Low suggested that any further questions be directed to Deputy City Administrator Martin as he is the Staff liaison with the Landmark Commission. She noted the Landmark Commission meets on the first Tuesday of the month at 7 p.m. in the Municipal Center. Joseph Aguilar of 3715 Waukegan addressed Council asking if the intent of the City is to have an historic district in which everyone would participate and that all properties would be "cleaned up". Laurie Marshall of 3806 Main addressed Council inquiring why the City states they cannot afford to send out informational pamphlets. Matthew Old inquired if there would be another meeting which would afford the public to comment and ask questions about the District. City Attorney McArdle stated there would be a public Council meeting at which the audience would have an opportunity to state their opinion. Page 4 September 29,2009 Terri Golnick of 3608 John Street addressed Council about her concerns about traffic due to the implementation of the historic district. Dee Ann Warner of 3701 Main Street addressed Council and asked what her Alderman, Vic Santi,felt about the proposed District. Motion by Wimmer,seconded by Schaefer,to close the Public Hearing at 8:16 p.m. Voting Aye: Sant!,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input provided by Council CONSENT AGENDA Motion by Wimmer,seconded by Santi,to approve the Consent Agenda as presented: A. Donation of surplus computer equipment to IDOT for distribution to various municipal police departments in the state of Illinois; B. Request for waiver of temporary sign permit fee—McHenry Township Fire Protection District; C Special use/picnic permits; D. City council Minutes: September 14,2009 regularly scheduled meeting; E Ust of Bills: ADAMS STEEL SERVICE INC 450.00 AFTERMATH INC 95.00 ANDERSON, LORI 155.00 AT&T 126.39 AT&T LONG DISTANCE 66.21 AUTO TECH CENTERS INC 204.50 BATTERIES PLUS 220.93 BENTZ, DONALD J 102.00 BIRK, ADRIANA 16.00 CHICAGO INTERNATIONAL TR 207.83 CONSERV FS 3,080.93 CONSTELLATION NEWENERGY 38,363.80 CRESCENT ELECTRIC SUPPLY 537.84 CURRAN CONTRACTING COMPA 7,309.29 CUTTING EDGE COMMUNICKI 92.50 D'S MARINE SERVICE INC 108.88 DOCUMENT IMAGING DIMENSI 248.75 DORAN, ROBERT A 330.00 DREISILKER ELECTRIC MOTO 108.33 DURA WAX COMPANY INC, TH 57.50 EAST JORDAN IRON WORKS 4,875.00 ED'S RENTAL & SALES INC 45.90 ELGIN BABE RUTH 7,500.00 FISCHER BROS FRESH 2,009.38 FLESCH COMPANY INC, GORD 764.61 FOWLER, JEFF R 138.00 FOXCROFT MEADOWS INC 08.40 GANDOR, MARK 88.40 GAVULA, LUANN 171.00 Page 5 September 28,2009 GREAT LAKES FIRE & SAFET 95.00 GROWER EQUIPMENT & SUPPL 384.28 HACH COMPANY 477.11 HUNT, KATHLEEN 76.00 ILLINOIS STATE POLICE 20.00 JULIE INC 283.50 KALE UNIFORMS INC 15.90 KIMBALL MIDWEST 469.50 KING, LAURA 155.00 KLITZ CUTTING TOOLS INC 166.05 KOSCINSKI, LESLIE 169.00 LANGE, SHANNON 61.70 LEMBKE TRUCK SERVICE INC 178.00 LUNDY & MILLER EXCAVATIN 5,060.00 MAZZUCA, JOE 184.00 MCHENRY ANALYTICAL WATER 375.00 MCHENRY SPECIALTIES 162.50 MDC ENVIRONMENTAL SERVIC 4,580.00 MENDEZ LANDSCAPING& BRI 2,500.00 MID AMtRICAN WATER OF WA 392.33 MIDWEST METER INC 143.37 MINUTEMAN PRESS OF MCH 339.00 MOABBER, RONALD 139.00 NICOR GAS 641.08 NORTH SUBURBAN WATER 45.00 NORTHERN ILLINOIS POLICE 884.53 OWSLEY, MIKE 160.50 PEPSI-COLA GENL BOT 127.76 PERRICONE GARDEN CENTER 360.00 PETROLIANCE LLC 6,531.03 PETTIBONE & CO, P F 605.24 PITEL SEPTIC INC 825.00 PRECISION SERVICE & PART 192.92 PRO PLAYER CONSULTANTS I 1,110.00 RADICOM INC 172.50 REICHE'S PLUMBING SEWER 168.00 ROC CONSTRUCTION SUPPLY 331.50 ROTH, SALLY 102.66 RUSHING, RHONDA 25.00 SCHATZ, DONALD 195.00 SEC GROUP INC 585.00 SIRCHIE FINGER PRINT LAB 92.31 STAPLES BUSINESS ADVANTA 710.43 TEAM REIL INC 437.00 TEGTMEIER, TERRY 460.00 THOMAS TRUCKING INC, KEN 735.00 TRIEBOLD IMPLEMENT INC 105.11 UNITED LABORATORIES 370.20 UNITED PARCEL SERVICE 23.41 USTA 35.00 VIKING CHEMICAL COMPANY 1,375.80 WALMART COMMUNITY 132.53 WATER PRODUCTS - AURORA 532.00 WILSON, MARY 66.50 WIRTZ, PAT 125.22 ZUKOWSKI ROGERS FLOOD & 9,250.00 GRAND TOTALS 111,501.84 FUND TOTALS GENERAL FUND 41,434.47 TOURISM FUND 5,060.00 CAPITAL IMPROVEMENTS FUND 8,037.84 WATER/SEWER FUND 49,249.85 INFORMATION TECHNOLOGY FUND 469.68 RETAINED PERSONNEL ESCROW 7,250.00 TOTALS 111,501.84 Page 6 Septimber 28,2009 Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE—PATRIOT ESTATES DEVELOPMENT Deputy City Administrator Martin stated a request was submitted by Cunat Inc for approval of the extension of the temporary advertising sign permit for the existing off site advertising sign for Patriot Estates Subdivision. The sign is located at the southeast corner of the intersection of Bull Valley Road and Crystal Lake Road. The sign consists of two 10' by 10' identical panels shaped in a "V" configuration. The applicant has annually requested extension of the sign permit. Staff has reviewed the request and supports a one-year permit extension subject to the applicant coming before Council for approval of additional future extensions. Alderman Condon stated the City needs to provide an opportunity for the developer to advertise as much as possible and she would support the extension of the permit. Alderman Santi concurred with Alderman Condon. Alderman Glab noted the sign has been posted for a long time and stated he wopid support the permit extension for one more year. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to approve a one-year extension of the temporary advertising sign permit for Patriot Estates Subdivision for the off-premises advertising sign located at the southeast corner of the intersection of Bull Valley Road and Crystal Lake Road as requested by Cunat Inc.,subject to the condition that the developer return to City Council for renewal on an annual basis. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT There was no Statement or Report from Mayor Low. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner reported the curbside fall leaf collection program begins on October 5, 2009 and will occur on residents' regular refuse disposal days.The City's fall hydrant flushing program is scheduled Jo begin on October 5, 2009 and should be completed by October 16, 2009. Page 7 September 28,2009 Assistant City Administrator Hobson reported the Antique Truck and Tractor Show at the Petersen Farm Homestead is scheduled for next weekend,October 3rd and 4th FUTURE AGENDA ITEMS No Future Agenda Items were discussed. EXECUTIVE SESSION:REVIEW OF EXECUTIVE SESSION MINUTES Motion by Wimmer, seconded by Schaefer, to go into Executive Session to discuss Executive Session Minutes at 8:21 p.m. Voting Aye: Sant!,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:27 p.m. Motion by Glab,seconded by Wimmer,to go back into Open Session at 8:30 p.m. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:31 p.m. OPEN SESSION REGARDING MATTERS DISCUSSION IN EXECUTIVE SESSION Motion by Wimmer, seconded by Murgatroyd to pass a resolution authorizing the. release of the following Executive Session Minutes: April 20,2009 personnel January 19,2009 Property Acquisition November 17,2008 Personnel October 20,2008 collective Bargaining September 29,2008 Executive Session Minute Review and Approval September 15,2008 Personnel August 25,2008 Property Acquisition March 31,2008 ligation February 19,2008 Personnel December 17,2007 Executive Session Minutes Review and Approval November 19,2007 Personnel. and to pass a resolution authorizing the destruction of the following audio tapes of Executive Session Minutes: 1/14109 VM7 214/08 4/16/07 2/11/08 6/4/07 2/18/08 11/19/07 12/3/07 12/17/07. Page 8 September 28,2009 Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer,seconded by Santi,to adjourn the meeting at 8:32 p.m. Voting Aye: . Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:32 p.m. Mayor City Clerk DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ---------------------------------------------------------------------------------------------------------------------- 9100210 100 33 1108 ADAMS ENTERPRISES INC, R 416978VEHICLE REPAIR PARTS 10/12/09 0 100609 196.00 100.33.5370 0910 100609 GLJ9213 196.00 100609 9100211 100 33 1106 ADAMS STEEL SERVICE INC 285733SUPPLIES 10/12/09 0 100609 8.00 100.33.6110 0910 100609 GLJ9213 8.00 100609 9100304 100 42 1438 AMERICAN RED CROSS OF GR CST49264 LIFEGUARD TRAINING 10/12/09 0 100709 15.00 100.42.6110 0910 100709 GL09222 12.00 100709 100.42.5430 0910 100709 GLJ9222 3.00 100709 9100212 100 33 1632 ARAMARK 12687198 EMPLOYEE UNIFORMS 10/12/09 0 100609 367.90 ETTEN 100.33.4510 0910 100609 GLJ9213 367.90 100609 9100213 100 45 1632 ARAMARK 1354593 EMPLOYEE UNIFORMS 10/12/09 0 100609 94.96 BARTOLAI 100.45.4510 0910 100609 GLJ9213 94.96 100609 9100214 100 33 1632 ARAMARK 12623545 EMPLOYEE UNIFORMS 10/12/09 0 100609 199.43 LANGE 100.33.4510 0910 100609 GLJ9213 199.43 100609 9100215 100 33 1632 ARAMARK 12623610 EMPLOYEE UNIFORMS 10/12/09 0 100609 83.94 LANGE 100.33.4510 0910 100609 GLJ9213 83.94 100609 9100216 510 31 1632 ARAMARK 12849669 EMPLOYEE UNIFORMS 10/12/09 0 100609 187.95 WILLIAMS 510.31,4510 0910 100609 GLJ9213 187.95 100609 9100217 100 45 1450 AT&T 344-2792 ALARM CIRCUITS 10/12/09 0 100609 26.95 100.45.5320 0910 100609 GLJ9213 26.95 100609 9100305 100 41 1738 AUTO TECH CENTERS INC 211266TIRE 10/12/09 0 100709 76.23 100.41.5370 0910 100709 GLJ9222 76.23 100709 9100227 100 33 2039 B&W CONTROL SYSTEMS INTE 146153PUBLIC WORKS GARAGE LUST 10/12/09 0 100609 1,097.50 100.33.8900 20392 0910 100609 GLJ9215 PROJ# 100-PWLUST 1097.50 100609 1097.50 100-PWLUST 9100228 510 31 2039 B&W CONTROL SYSTEMS INTE 146154SCADA IMPROVEMENTS 10/12/09 0 100609 4,196.50 510.31.8300 0910 100609 GLJ9215 4196.50 100609 510-EQUIPWA 9100218 620 00 6289 BANKCARD SERVICES ANNUAL WEB URL NAME FEE 10/12/09 0 100609 125.00 620.00.5110 0910 100609 GLJ9215 125.00 100609 9100219 510 31 6289 BANKCARD SERVICES BLUE TOOTH GPS RECEIVER 10/12/09 0 100609 106.00 510.31.6110 0910 100609 GLJ9215 106.00 100609 9100220 740 00 2035 BAXTER & WOODMAN 146151MORGAN HILL 10/12/09 0 100609 573.85 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 740.00.5220 0910 100609 GLJ9215 573.85 100609 9100221 740 00 2035 BAXTER & WOODMAN 146150KRESSWOOD TRAILS UNIT II 10/12/09 0 100609 305.35 740.00.5220 0910 100609 GLJ9215 305.35 100609 9100222 740 00 2035 BAXTER & WOODMAN 146152LIBERTY TRAILS UNIT 2 10/12/09 0 100609 413.75 740.00.5220 0910 100609 GLJ9215 413.75 100609 9100223 510 32 5 BECECHE, CAESAR 2010172103W/S OVERPAYMENT REFUND 10/12/09 0 100609 60.58 510.32.3660 0910 100609 GLJ9215 60.58 100609 9100306 100 03 2636 BRENNAN, DAN 10/1/09 MOWING SERVICES 10/12/09 0 100709 560.00 100.03.5110 0910 100709 GLJ9222 560.00 100709 9100307 100 03 2636 BRENNAN, DAN 9/29/09 MOWING SERVICES 10/12/09 0 100709 350.00 100.03.5110 0910 100709 GLJ9222 350.00 100709 9100224 510 32 2739 BUCK BROS INC 03 3005304GATOR #622 REPAIR PARTS 10/12/09 0 100609 65.24 510.32.5370 0910 100609 GLJ9215 GATER #622 REPAIR PARTS 65.24 100609 §100225 510 32 2739 BUCK BROS INC 03 3005465GATOR #622 REPAIR PARTS 10/12/09 0 100609 32.09 510.32.5370 0910 100609 GLJ9215 32.09 100609 9100308 100 47 2741 BUENZLI INC, JAMES J 723201-A PARKS GOLF PROGRAM 10/12/09 0 100709 350.00 100.47.5110 0910 100709 GLJ9222 350.00 100709 9100226 100 33 2765 BUSS FORD SALES 34106 VEHICLE REPAIR PARTS 10/12/09 0 100609 15.22 _ 100.33.5370 0910 100609 GLJ9215 15.22 100609 9100309 100 22 2765 BUSS FORD SALES 34024 VEHICLE REPAIR PARTS 10/12/09 0 100709 515.86 100.22.5370 0910 100709 GLJ9222 515.86 100709 9100229 100 XXXXX 3015 CARQUEST AUTO PARTS STOR SEPT 09 VEHICLE REPAIR PARTS 10/12/09 0 100609 348.22 100.03.5370 0910 100609 GLJ9217 77.02 100609 100.22.5370 0910 100609 GLJ9217 162.60 100609 100.33.5370 0910 100609 GLJ9217 108.60 100609 9100230 100 33 3012 CASEY EQUIPMENT COMPANY C85315PAVER REPAIR PARTS 10/12/09 0 100609 87.39 100.33.5370 0910 100609 GLJ9217 87.39 100609 9100310 510 31 3248 CHEMICAL PUMP SALES AND 69570 EQUIPMENT SERVICE WORK 10/12/09 0 100709 1,590.00 510.31.6110 0910 100709 GLJ9222 1590.00 100709 9100231 620 00 3509 COMCAST CABLE 10/4-11/3 HIGH SPEED INTERNET SERVICE 10/12/09 0 100609 74.90 620.00.5110 0910 100609 GLJ9217 74.90 100609 9100232 100 33 3528 COMED 8990135056STREET LIGHTS 10/12/09 0 100609 21,908.83 100.33.5520 0910 100609 GLJ9217 21908.83 100609 9100233 510 XXXXX 3531 COMED SEPT 09 WATER/SEWER PUMPING CHARGES 10/12/09 0 100609 1,727.17 510.31.5510 0910 100609 GLJ9217 265.73 100609 .DATE 10/07/2009 12.40 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.32.5510 0910 100609 GLJ9217 1461.44 100609 9100234 100 XXXXX 3531 COMED SEPT 09 UTILITIES 10/12/09 0 100609 711.85 100.33.5520 0910 100609 GLJ9217 51.43 100609 100.44.5510 0910 100609 GLJ9217 98.89 100609 100.45.5510 0910 100609 GLJ9217 543.02 100609 100.46.5510 0910 100609 GLJ9217 18.51 100609 9100235 510 XXXXX 3531 CONED SEPT 09 UTILITIES 10/12/09 0 100609 657.11 510.31.5510 0910 100609 GLJ9217 262.40 100609 510.32.5510 0910 100609 GLJ9217 394.71 100609 9100236 100 22 3562 COX, LAURA 9/1-2/09 TRAINING EXPENSE REIMB 10/12/09 0 100609 14.85 100.22.5420 0910 100609 GLJ9217 14.85 100609 9100237 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-143569ELECTRICAL SUPPLIES 10/12/09 0 100609 48.84 100.01.6110 0910 100609 GLJ9217 48.84 100609 9100238 620 00 3751 CUSHING TECHNOLOGIES INC MCH2O08100CAD/RMS SOFTWARE MAINTENANC 10/12/09 0 100609 5,575.00 620.00.5110 0910 100609 GLJ9217 5575.00 100609 9100239 100 22 4136 DEBOLT, JUSTIN 9/24/09 TRAINING EXPENSE REIMB 10/12/09 0 100609 8.00 100.22.5420 0910 100609 GLJ9217 8.00 100609 9100240 100 22 4136 DEBOLT, JUSTIN 9/14-18/09TRAINING EXPENSE REIMB 10/12/09 0 100609 40.00 100.22.5420 0910 100609 GLJ9217 40.00 100609 9100311 620 00 4530 DOCUMENT IMAGING DIMENSI 53849 PRINTER SUPPLIES 10/12/09 0 100709 198.00 620,00.6210 0910 100709 GLJ9222 22 198.00 100709 9100241 100 41 1 DOHERTY, KIM PARKS PROGRAM REFUND 10/12/09 0 100609 94.00 100.41.3636 0910 100609 GLJ9217 94.00 100609 9100312 100 33 4760 DURA WAX COMPANY INC, TH 335907CLEANING SUPPLIES 10/12/09 0 100709 38.00 100.33.6110 0910 100709 GLJ9222 38.00 100709 9100242 510 32 5050 EAST JORDAN IRON WORKS 3204456 SUPPLIES 10/12/09 0 100609 250.00 510.32.6110 0910 100609 GLJ9217 250.00 100609 9100243 100 33 5109 ED'S AUTOMOTIVE/JIM'S MU SEPT 2009 VEHICLE SAFETY INSPECTIONS 10/12/09 0 100609 46.00 100.33.5370 0910 100609 GLJ9217 46.00 100609 9100313 100 47 2549 FORE GOLF LLC 723201-A PARKS GOLF PROGRAM 10/12/09 0 100709 200.00 100.47.5110 0910 100709 GLJ9222 200.00 100709 9100244 100 33 6559 FOXCROFT MEADOWS INC 35744 SOD 10/12/09 0 100609 78.00 100.33.6110 0910 100609 GLJ9217 78.00 100609 9100245 100 33 6559 FOXCROFT MEADOWS INC 35765 SOD 10/12/09 0 100609 20.80 100.33.6110 0910 100609 GLJ9217 20.80 100609 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9100246 100 33 6559 FOXCROFT MEADOWS INC 35762 SOD & SUPPLIES 10/12/09 0 100609 231.20 100.33.6110 0910 100609 GLJ9217 231.20 100609 9100247 100 33 6559 FOXCROFT MEADOWS INC 35686 SOD 10/12/09 0 100609 128.80 100.33.6110 0910 100609 GLJ9217 128.80 100609 9100248 100 22 7640 GREAT LAKES FIRE & SAFET 144707EMPLOYEE UNIFORM ITEMS 10/12/09 0 100609 49.95 LUMBER 100.22.4510 0910 100609 GLJ9217 49.95 100609 9100249 100 00 2 GREEN PEARL REFUND PERMIT #09-09-029 10/12/09 0 100609 30.00 100.00.3410 0910 100609 GLJ9217 30.00 100609 9100250 100 03 8140 HEADLEY, JEAN CLOTHING ALLOWANCE REIMB 10/12/09 0 100609 157.20 100.03.4510 0910 100609 GLJ9217 157.20 100609 9100251 510 32 3662 HERITAGE-CRYSTAL CLEAN L 11301611 PARTS CLEANER SERVICE 10/12/09 0 100609 118.75 510.32.5110 0910 100609 GLJ9217 118.75 100609 9100252 100 33 3662 HERITAGE-CRYSTAL CLEAN L 11302516 USED ANTIFREEZE REMOVAL SER 10/12/09 0 100609 117.00 100.33.6110 0910 100609 GLJ9217 117.00 100609 9100253 100 22 8542 HORIBA JOBIN YVON INC 215084DETECTIVE SUPPLIES 10/12/09 0 100609 549.19 100.22.6210 0910 100609 GLJ9217 549.19 100609 9100254 620 00 9406 ILLINOIS AUDIO PRODUCTIO 79773 MESSAGE ON HOLD SERVICES 10/12/09 0 100709 135.00 620.00.5110 0910 100709 GLJ9218 135.00 100709 9100255 510 31 9520 INTERSTATE BATTERY SYSTE 30998 BATTERIES 10/12/09 0 100709 74.97 510.31.6110 0910 100709 GLJ9218 74.97 100709 9100315 100 41 1 KARAMAGIANIS, WENDY PARKS PROGRAM REFUND 10/12/09 0 100709 37.00 100.41.3636 0910 100709 GLJ9222 37.00 100709 9100256 100 33 11286 KIMBALL MIDWEST 1224654 SUPPLIES 10/12/09 0 100709 426.08 100.33.5370 0910 100709 GLJ9218 426.08 100709 9100257 100 22 11390 KLEAN, TRACY 9/22-24/09TRAINING EXPENSE REIMB 10/12/09 0 100709 10.81 100.22.5420 0910 100709 GLJ9218 10.81 100709 9100258 100 04 11635 KRANZ, ANNE CLOTHING ALLOWANCE REIMB 10/12/09 0 100709 81.44 100.04.4510 0910 100709 GLJ9218 81.44 100709 9100259 100 33 12143 LEE AUTO MCHENRY 434-66786 VEHICLE REPAIR PARTS 10/12/09 0 100709 47.82 100.33.5370 0910 100709 GLJ9218 47.82 100709 9100260 100 22 12143 LEE AUTO MCHENRY 434-66729 VEHICLE REPAIR PARTS 10/12/09 0 100709 39.74 100.22.5370 0910 100709 GLJ9218 39.74 100709 9100261 100 22 1074 LEXISNEXIS 20090930 CUSTOM COMPREHENSIVE REPORT 10/12/09 0 100709 112.50 100.22.5110 0910 100709 GLJ9218 112.50 100709 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9100262 100 33 12545 LORCH, NANCY CLOTHING ALLOWANCE REIMB 10/12/09 0 100709 107.56 100.33.4510 0910 100709 GLJ9218 107.56 100709 9100263 100 01 13023 MAYFAIR CARPETS & FURNIT 540990ELEVATOR CARPET 10/12/09 0 100709 300.00 100.01.5110 0910 100709 GLJ9218 300.00 100709 9100268 100 01 14067 MCANDREWS PC, THE LAW OF 01 105LEGAL FEES - TRAFFIC 10/12/09 0 100709 6,800.00 100.01.5230 0910 100709 GLJ9218 6800.00 100709 9100316 100 41 14069 MCCANN INDUSTRIES INC 11022589 SUPPLIES 10/12/09 0 100709 46.59 100.41.6950 0910 100709 GLJ9222 46.59 100709 9100269 260 00 14276 MCHENRY COMMUNITY HIGH S SEPT 2009 OPERATING FEES 10/12/09 0 100709 2,646.00 260.00.6970 0910 100709 GLJ9218 2646.00 100709 9100270 260 00 14275 MCHENRY COMMUNITY SCHOOL SEPT 2009 OPERATING FEES 10/12/09 0 100709 3,570.00 260.00.6970 0910 100709 GLJ9218 3570.00 100709 9100271 260 00 14270 MCHENRY PUBLIC LIBRARY SEPT 2009 OPERATING FEES 10/12/09 0 100709 198.00 260.00.6980 0910 100709 GLJ9218 198.00 100709 9100272 260 00 14261 MCHENRY TOWNSHIP FIRE PR SEPT 2009 OPERATING FEES 10/12/09 0 100709 198.00 260.00.6990 0910 100709 GLJ9218 198.00 100709 9100264 510 31 13309 MID AMERICAN WATER OF WA 114385W SUPPLIES 10/12/09 0 100709 34.00 510.31.6110 0910 100709 GLJ9218 34.00 100709 9100265 510 31 13288 MIDWEST METER INC 11356-IN WATER METER PARTS 10/12/09 0 100709 2,359.87 510.31.6110 0910 100709 GLJ9218 2359.87 100709 9100266 100 22 13291 MINUTEMAN PRESS OF MCH 71418 NOTARY STAMP 10/12/09 0 100709 28.00 FOERSTER 100.22.6210 0910 100709 GLJ9218 28.00 100709 9100267 100 02 13291 MINUTEMAN PRESS OF MCH 71445 BUSINESS CARDS 10/12/09 0 100709 36.50 SANTI 100.02.6210 0910 100709 GLJ9218 36.50 100709 9100273 100 22 15540 NORTHERN ILLINOIS POLICE 6851 MANDATORY UNIFORM 10/12/09 0 100709 197.07 DUCAK 100.22.6110 0910 100709 GLJ9218 197.07 100709 9100274 100 22 17141 PECHOUS, ROGER CLOTHING ALLOWANCE REIMB 10/12/09 0 100709 202.39 100.22.4510 0910 100709 GLJ9218 202.39 100709 9100275 100 03 2532 PETROLIANCE LLC 8733281 VEHICLE FUEL 10/12/09 0 100709 34.46 100.03.6250 0910 100709 GLJ9218 34.46 100709 9100276 100 03 2532 PETROLIANCE LLC 8733344 VEHICLE FUEL 10/12/09 0 100709 36.27 100.03.6250 0910 100709 GLJ9218 36.27 100709 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9100277 100 KXXXK 2532 PETROLIANCE LLC 8731226 VEHICLE FUEL 10/12/09 0 100709 75.05 100.01.6250 0910 100709 GLJ9218 12.17 100709 100.03.6250 0910 100709 GLJ9218 62.88 100709 9100278 100 22 2532 PETROLIANCE LLC 8731231 VEHICLE FUEL 10/12/09 0 100709 1,827.73 100.22.6250 0910 100709 GLJ9218 1827.73 100709 9100279 100 22 2532 PETROLIANCE LLC 8732309 VEHICLE MAINTENANCE FLUIDS 10/12/09 0 100709 146.01 100.22.6250 0910 100709 GLJ9218 146.01 100709 9100280 100 33 2532 PETROLIANCE LLC 8732307 VEHICLE MAINTENANCE FLUIDS 10/12/09 0 100709 6,582.95 100.33.6250 0910 100709 GLJ9218 6582.95 100709 9100281 100 45 2532 PETROLIANCE LLC 8731229 VEHICLE FUEL 10/12/09 0 100709 328.36 100.45.6250 0910 100709 GL79218 328.36 100709 9100282 100 45 2532 PETROLIANCE LLC 8733283 VEHICLE FUEL 10/12/09 0 100709 159.51 100.45.6250 0910 100709 GLJ9218 159.51 100709 9100283 100 45 2532 PETROLIANCE LLC 8733347 VEHICLE FUEL 16/12/09 0 100709 148.96 100.45.6250 0910 100709 GLJ9218 148.96 100709 9100284 510 31 2532 PETROLIANCE LLC 8731228 VEHICLE FUEL 10/12/09 0 100709 272.22 510.31.6250 0910 100709 GLJ9218 272.22 100709 9100285 510 31 2532 PETROLIANCE LLC 8732308 VEHICLE MAINTENANCE FLUIDS 10/12/09 0 100709 973.40 510.31.6250 0910 100709 GLJ9218 973.40 100709 9100317 100 22 2532 PETROLIANCE LLC 8725184 DRUM CREDIT 10/12/09 0 100709 40.00- 100.22.6250 0910 100709 GLJ9222 40.00CR 100709 9100318 100 22 2532 PETROLIANCE LLC 8725179 VEHICLE MAINTENANCE FLUIDS 10/12/09 0 100709 975.50 100.22.6250 0910 100709 GLJ9222 975.50 100709 9100286 100 22 17154 PETTIBONE & CO, P F 18626 EMPLOYEE UNIFORM ITEMS 10/12/09 0 100709 165.00 KEENE 100.22.4510 0910 100709 GLJ9218 165.00 100709 9100287 100 22 17154 PETTIBONE & CO, P F 18628 EMPLOYEE UNIFORM ITEMS 10/12/09 0 100709 165.00 CRUZ 100.22.4510 0910 100709 GLJ9218 165.00 100709 9100319 100 45 17293 PIONEER MANUFACTURING CO INV351252 SUPPLIES 10/12/09 0 100709 124.65 100.45.6110 0910 100709 GLJ9222 124.65 100709 9100288 100 41 18738 QUICK, KATHLEEN CLOTHING ALLOWANCE REIMB 10/12/09 0 100709 159.28 100.41.4510 0910 100709 GLJ9218 159.28 100709 9100289 740 00 20430 SEC GROUP INC 62988 EVERGREEN PARK 10/12/09 0 100709 650.00 740.00.5220 0910 100709 GLJ9221 260.00 100709 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 740.00.5220 0910 100709 GLJ9221 390.00 100709 9100290 740 00 20430 SEC GROUP INC 63456 ITH PARKING LOT 10/12/09 0 100709 715.00 740.00.5220 0910 100709 GLJ9221 715.00 100709 9100291 510 32 20430 SEC GROUP INC 62988 ORCHARD BEACH SANITARY SEWER 10/12/09 0 100709 455.00 510.32.5110 0910 100709 GLJ9221 195.00 100709 510.32.5110 0910 100709 GLJ9221 130.00 100709 510.32.5110 0910 100709 GLJ9221 130.00 100709 9100292 100 22 20172 SEXTON, ERIC M 9/21-22/09TRAINING EXPENSE REIMB 10/12/09 0 100709 16.00 100.22.5420 0910 100709 GLJ9221 16.00 100709 9100293 100 01 20668 SHAW SUBURBAN MEDIA SEPT. 09 LEGAL ADVERTISING 10/12/09 0 100709 140.90 100.01.6940 0910 100709 GLJ9221 89.30 100709 100.01.5330 0910 100709 GLJ9221 51.60 100709 9100294 100 03 20710 STANS OFFICE TECHNOLOGIE 26518000PIER METER READING 10/12/09 0 100709 141.18 100.03.5110 0910 100709 GLJ9221 141.18 100709 9100295 100 03 20710 STANS OFFICE TECHNOLOGIE 265193LARGE COPIER METER READING 10/12/09 0 100709 63.98 100.03.5110 0910 100709 GLJ9221 63.98 100709 9100296 620 00 20710 STANS OFFICE TECHNOLOGIE 265428INTERNET SERVICES 10/12/09 0 100709 179.00 620.00.5110 0910 100709 GLJ9221 179.00 100709 9100298 100 33 20701 STATE FIRE MARSHAL 5125023719PW FACILITY LIFT CERTIFICAT 10/12/09 0 100709 66.00 100.33.6110 0910 100709 GLJ9221 66.00 100709 9100299 510 XXXXX 20701 STATE FIRE MARSHAL 5125023719PW FACILITY LIFT CERTIFICAT 10/12/09 0 100709 34.00 510.31.6110 0910 100709 GLJ9221 30.00 100709 510.32.6110 0910 100709 GLJ9221 4.00 100709 9100321 100 45 20748 SUNRISE ENVIRONMENTAL SC 90829 SUPPLIES 10/12/09 0 100709 152.95 . 100.45.6110 0910 100709 GLJ9222 152.95 100709 9100300 100 22 20889 SYNEK, JENNIFER 9/22-23/09TRAINING EXPENSE REIMB 10/12/09 0 100709 12.71 100.22.5420 0910 100709 GLJ9221 12.71 100709 9100322 100 33 21254 THOMAS TRUCKING INC, KEN 965164TOP SOIL 10/12/09 0 100709 245.00 100.33.6110 0910 100709 GI.J9222 245.00 100709 9100301 100 33 21632 TRAFFIC CONTROL & PROTEC 64852 STREET SIGNS 10/12/09 0 100709 236.71 100.33.6110 0910 100709 GLJ9221 236.71 100709 9100302 510 31 22669 USA BLUEBOOK 907686SUPPLIES 10/12/09 0 100709 165.85 510.31.6110 0910 100709 GLJ9221 165.85 100709 9100303 100 41 1 WOJCIK, DENISE PARKS PROGRAM REFUND 10/12/09 0 100709 30.00 100.41.3636 0910 100709 GLJ9221 30.00 100709 DATE 10/07/2009 12:40 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 10/12/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ---------------------------------------------------------------------------------------------------------- EXPENDED LIQUID ACCRUAL GRAND TOTALS 78,250.32 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 49,332.77 1,097.50 260 ANNEXATION FUND 6,612.00 510 WATER/SEWER FUND 13,360.70 620 INFORMATION TECHNOLOGY FUND 6,286.90 740 RETAINED PERSONNEL ESCROW 2,657.95 rrrw 78,250.32 1,097.50 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K.Maxeiner,City Administrator FOR: October 12,2009 Regular City Council Meeting RE: 2010 Street Resurfacing Program ATTACHMENTS: 1) Street Ranking List 2)Preliminary Cost Estimates Background. On August 31, 2009, the City Council authorized bonding for up to $3.5 million to finance road improvements throughout the city. After including engineering costs in the total, approximately$3.07 million is left for actual construction. Staff and SEC Group have prepared a list of 33 streets including alternates based on condition and cost for this year's program Cost estimates and street condition rankings for each street are attached. To establish the list, staff and SEC Group visited each street to verify and inspect the current condition of the pavement. Each street on the list was broken down based on a typical pay item in a resurfacing contract. The lengths and widths were then calculated to establish an estimated cost to resurface each street. Staff also recommends including three alternate streets listed by priority resurfacing needs in the bid package. With this approach, a street or streets may be added or removed from the street program dependent on the unit bid prices received. Ana sis. At the September 21, 2009 Public Works Committee Meeting, staff.and SEC Group presented the proposed list of streets to be included in the 2010 Street Resurfacing Program After a brief discussion, the Public Works Committee unanimously recommended to seek City Council approval for 2010 road resurfacing of the attached list of streets. Recommendation. Staff requests City Council approval of the attached list of streets to be included in the 2010 street resurfacing program as recommended by the Public Works Committee. SEC Group, Inc. An HR Green CoTpany City of McHenry SEC Job#: MCHE-090328 Program Calced By:UP 2010 Road Pro g Checked By:SPC Preliminary Cost Estimates September 4,2009 Street Name: Costs Whiting Drive $ 273,448.04 Victor Drive $ 18,078.00 Tomlinson Drive $ 188,312.50 Thornwood Drive $ 109,355.03 Silver Glen Road $ 51,342.93 Ramble Road $ 104,091.87 Prime Parkway $ 188,767.13 Pearl Street $ 37,462.40 Park Street $ 60,922.40 Ojibwa Lane $ 229,681.07 Northside Avenue $ 26,327.81 Meadow Lane $ 114,081.79 Huntington Drive $ 155,879.31 High Street $ 87,493.34 Heritage Drive $ 31,045.14 Greenbrier Drive $ 47,463.24 Freund Avenue $ 55,609.52 Fairway Drive $ 141,475.36 Dale Avenue $ 63,675.18 Dale Avenue 2 $ 40,029.15 Burning Tree Drive $ 203,512.94 Bennington Lane $ 249,204.36 Bennington Lane 2 $ 16,216.28 Beach Drive $ 42,472.52 Anne Street $ 135,104.84 Sub-Total $ 2,671,052.15 Alternate Street Names: Costs Mill Street $ 53,799.52 Malibu Court $ 74,111.93 Golfview Avenue $ 29,035.30 Eagle Point $ 38,734.19 Church Street $ 18,201.29 Burning Tree Cicrle $ 234,850.13 Bretons Drive $ 162,410.41 Borden Street $ 19,652.71 Sub-Total $ 630,795.47 Project Construction Toni $ 3,301,047.62 N1Jobs\Smith\2009\090328 MCHE 2010 Road Program\Engi need ng\quant-cost\Preliminary E0PC-cjp-090309.x1s City of McHenry 2010 Road Program Street Ranking Preliminary Cost Estimates Street Name: Boundary Costs Northside Avenue (Route 120 to Plymouth) $ 26,327.81 Ramble Road (Home to North) $ 104,091.87 Tomlinson Drive (Whiting to Whiting) $ 188,312.50 Ojibwa Lane (Matanuska to Curran) $ 229,681.07 Thornwood Drive (Dartmoor to Waters Edge) $ 109,355.03 Burning Tree Drive (Ridge to Eagle Point) $ 203,512.94 Bennington Lane (Martin to Martin) $ 249,204.36 Bennington Lane 2 (Martin to Tomlinson) $ 16,216.28 High Street (Timothy to Front) $ 87,493.34 Freund Avenue (Church to Maple) $ 55,609.52 Whiting Drive (Tomlinson to Dead End) $ 273,448.04 Park Street (Route 120 to Pearl) $ 60,922.40 Fairway Drive (Green to Dead End) $ 141,475.36 Meadow Lane (Route 120 to Shore) $ 114,081.79 Heritage Drive (Greenbrier to Winding Creek) $ 31,045.14 Victor Drive (Sunset to Parkside) $ 18,078.00 Dale Avenue (High to Young) $ 63,675.18 Pearl Street (Park to Riverside) $ 37,462.40 Anne Street (Front to Green) $ 135,104.84 Greenbrier Dr. (Creekside to Huntington) $ 47,463.24 Silver Glen Road (Burning Tree to Timber Trail) $ 51,342.93 Huntington Drive (Greenbrier to Dartmoor) $ 155,879.31 Prime Parkway (Route 31 to Miller Parkway) $ 188,767.13 Beach Drive (Green to Bonita) $ 42,472.52 Dale Avenue 2 (Anne to High) $ 40,029.15 Golfview Avenue (John to Golfview Terrace) $ 29,035.30 Borden Street (Route 120 to North) $ 19,652.71 Burning Tree Circle (Eagle Point to Eagle Point) $ 234,850.13 Mill Street (Crystal Lake to Dead End) $ 53,799.52 Malibu Court (Crystal Lake to Heritage) $ 74,111.93 Total $ 3,082,501.74 Alternate Street Names: Boundary Costs Bretons Drive (Green to Ronda) $ 162,410.41 Church Street (Freund to Grand) $ 18,201.29 Eagle Point (Burning Tree Crl to Dead End) $ 38,734.19 Total $ 219,345.89 r AGENDA $1U PUM14 ' TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: October 12, 2009 Regular City Council Meeting RE: Request for Class A Liquor License from BuddyZ Riverwalk, Inc. d/b/a BuddyZ Riverwalk, A Chicago Pizzeria located at 3542 W. Waukegan Road, and approval of the attached Ordinance increasing the number of Class A liquor licenses from 26 to 27. Joseph Scarnato, President of BuddyZ Riverwalk, Inc. is requesting a liquor license for the new "BuddyZ Riverwalk, A Chicago Pizzeria" located at 3542 W. Waukegan Road in the Riverwalk Center development. Mr. Scarnato has been fingerprinted by the McHenry Police Department, met with the Mayor, and has paid all associated fees. Recommendation: It is the recommendation of the Mayor to approve the request for a Class A Liquor License from BuddyZ Riverwalk, Inc. d/b/a BuddyZ Riverwalk, A Chicago Pizzeria, conditioned upon the completion of all state requirements, satisfactory fingerprint report, all employees involved in the sale and/or service of alcohol obtain BASSET certification, and the attached ordinance increasing the number of Class A licenses from 26 to 27. ORDINANCE NO. MC-09- AN ORDINANCE Increasing Class A Liquor Licenses [BuddyZ Riverwalk] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS, as follows: SECTION 1. Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class"A"Liquor Licenses from twenty-six to twenty-seven. SECTION 2. 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 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,Illinois. SECTION 4. 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 12th day of October,2009. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk r AGENDA SUPPLEMENT r TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: October 12, 2009 Regular City Council Meeting RE: Request for Class 171 Liquor License from FSJ Enterprises, Inc. d/b/a Liquors & Wine, located at 520 South Route 31, and approval of the attached Ordinance increasing the number of Class F1 liquor licenses from three to four. Shah Suchit, registered agent for FSJ Enterprises, Inc. is requesting a license to operate a liquor store at 520 South Route 31 . Mr. Shah has been a partner in the Family Food Mart of McHenry, Inc. d/b/a Family Food Mart located at 820 North Front Street since March 2002. He has obtained certification in Beverage Alcohol Sellers and Servers Education and Training (BASSET) and is conversant with the State of Illinois liquor control regulations. Mr. Shah was fingerprinted by the McHenry Police Department, met_with the Mayor, and has paid all associated fees. Recommendation: It is the recommendation of the Mayor to approve 1) the request for a Class F1 Liquor License from FSJ Enterprises, Inc. d/b/a Liquors &Wine, conditioned upon a satisfactory fingerprint report and all employees involved in the sale service of alcohol obtain BASSET certification; and, 2) the attached ordinance increasing the number of Class F1 licenses from three to four. ORDINANCE NO. MC-09- AN ORDINANCE Increasing Class F1 Liquor Licenses (FS Enterprises) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS, as follows: SECTION 1. Section 476(4) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class"F1" Liquor Licenses from three(3)to four(4). SECTION 2. 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 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,Illinois. SECTION 4. 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 12`h day of October,2009. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Markin,Deputy City Administrator FOR: October 12,2009 Regular City Council Meeting RE: Second Amendment to the Agreement with Curtis Commercial for the Redevelopment of the former Medical Arts Site RECOMMENDATION: Approval of an ordinance authorizing the second amendment to the Agreement with Curtis Commercial for the redevelopment of the former medical arts site Background The City Council approved the First Amendment to the Redevelopment Agreement with Curtis Commercial approximately one and a half years ago. The first amendment provided an additional $200,000 to Curtis Commercial for the completion of public parking improvements, resulting in a total of$624,028 of tax increment financing(TIF)incentives dedicated to providing on-site public parking. Staff recently met with John Curtis and his partners regarding the redevelopment project and he stated that he anticipated having residential models open within the next few weeks. In addition,BuddyZ restaurant is completing the buildout of their unit and an additional retail lease has been secured. The only outstanding piece of the project remaining is the construction of the multi-story parking structure. The Council will recall in accordance with the First Amendment to the Redevelopment Agreement John Curtis is required to construct a three-story parking structure and provide a total of forty-six(46)public parking spaces for use and at no charge by the general public. Staff Analysis John Curtis informed staff that he is currently$570,000 over budget on the parking structure after receiving project bids. The original cost of the structure was estimated at approximately $1.35 million and the current total bid amount is$1.92 million. The majority of the cost overrun can be attributed to the increase in steel prices,caisson- support costs for the structure foundation as a result of poor soil conditions and the increase in labor costs. As a result of the increase in construction cost Mr. Curtis is requesting the parking structure be scaled back from three stories to a one-story deck. A preliminary layout of that proposal is attached to this supplement. As proposed the parking garage would be solely for private use,either by the residents or the attached businesses, and controlled by keycard entry. Due to the fact that the number of public parking spaces cannot be accommodated within a one-story parking structure staff is recommending Curtis Commercial be responsible for paving the parking lot area where the former Wahl Appliance Building was located This lot was purchased by the City several years ago has been designated for future parldng area. Once paved and striped the lot will yield approximately 25 parking spaces. While this proposed solution is not ideal staff does not want to see the construction project halted or delayed for any extended period of time due to the financial impact of the parking stricture. Recommendation Staff is recommending that a second amendment to the Redevelopment Agreement with Curtis Commercial be approved by the City Council which would effectuate the proposed change. The proposed second amendment and an ordinance authorizing the second amendment to the redevelopment agreement are attached to this supplement. ORDINANCE NO. An Ordinance Authorizing Execution of a Second Amendment of a Redevelopment Agreement with McHenry Riverwalk Center LLC WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health,safety,and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County,Illinois, as follows: SECTION 1: The Mayor and City Clerk are authorized to execute Second Amendment to Redevelopment Agreement between the City of McHenry, McHenry Riverwalk Center LLC and Curtis Commercial Inc., a true and correct copy of which is attached hereto. SECTION 2: If any section,paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid,such judgment shall not affect,impair, invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances and motions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form(which publication is hereby authorized)as provided by law. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Susan E. Low (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: Z:\M\McHenryCityof\Ordinances\Curtis2ndAmendment.ord.doc CERTIFICATION I,JANICE C.JONES,do hereby certify that I am the duly appointed,acting and qualified Clerk of the City of McHenry,McHenry County,Illinois,and that as such Clerk,I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry,held on the day of , 2009, the foregoing Ordinance entitled An Ordinance Authorizing Execution of a Second Amendment of a Redevelopment Agreement with McHenry Riverwalk Center LLC,was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. ,including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall,commencing on the day of_ 2009, and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk. I do further certify that the original,of which the attached is a true and correct copy,is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2009. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) F Second Amendment to Redevelopment Agreement THIS SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT ("Second Amendment") is entered into this day of , 2009, between the City of McHenry, an Illinois municipal corporation ("City"), McHenry Riverwalk Center, LLC, an Illinois limited liability company ("Developer") and Curtis Commercial, Inc ("Former Developer"). RECITALS A. On or about March 5, 2007 the City entered into a Redevelopment Agreement with the Former Developer ("Original Agreement"), which, in accordance with the terms of this First Amendment, the Former Developer desires to hereby assign all of its right title and interest in and to the Original Agreement to the Developer pursuant to this First Amendment. All capitalized terms not defined herein shall have the definitions set forth in the Original Agreement. B. On or about April 7, 2008, the parties to the Original Agreement executed a First Amendment to Redevelopment Agreement ("First Amendment"). C. The parties hereto desire to amend certain terms and provisions of the First Amendment pursuant to this Second Amendment. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Incorporation of Recitals. All of the recitals contained in this Second Amendment are true and correct and are hereby incorporated into this Second Amendment as though they were fully set forth in this Section 1. 2. Parking Requirements. The Developer shall perpetually reserve not less than_ on site parking spaces within the parking lot constructed on the Subject Property for use, at no charge, by the general public. The parking spaces so reserved and their location within the parking structure shall be mutually agreed upon by the Developer and the City prior to the issuance of any certificate of occupancy for the Subject Property and shall include the required number of handicapped spaces, in accordance with the current applicable Illinois Accessibility Code. 3. Offsite Improvement. Contemporaneously with construction of the parking lot constructed on the Subject Property, the Developer shall, at its sole cost and expense, reconstruct the existing public parking lot depicted on the attached Parking Exhibit prepared by Haeger Engineering dated 10-6-09 relative to its project no. 07-039E. The City's consulting engineer shall prescribe the specifications of said construction. 4. Covenants. Prior to issuance of any occupancy permits, Developer shall draft and file with the McHenry County Recorder of Deeds restrictions and covenants against the Subject Property ("Covenants"). The Covenants shall be subject to review and approval by the City and shall include provisions that the City is a third party beneficiary thereof with the power to enforce the same, and that no amendment that affects the rights of the City thereunder shall be effective without the prior written consent of the City, which shall not be unreasonably withheld. The Covenants shall include the following, at a minimum: (a) any construction of Boone Lagoon piers must be consistent with that of Riverwalk Place subdivision.; (b) use of Boone Lagoon piers shall be for temporary docking only, available to the general public and shall not be used overnight; (c) the association created shall have all maintenance obligations with regard to the parking lot constructed on the Subject Property and the adjacent pier constructed on Boone Lagoon; and (d) the allocation and reservation of the public parking spaces required hereunder. The parties hereto acknowledge that all maintenance of the Subject Property, improvements constructed thereon, including the public portion of the parking lot, shall be the obligation of the Developer and the covenants shall so reflect. 5. Exhibit B. The floor plan for the First Floor attached as Exhibit B to the Original Agreement shall be amended to delete the reference to "2 Level Parking Garage" and read "A covered parking lot providing at least public spaces, shall be constructed here." 6. Exhibit D. Exhibit D of First Amendment is hereby deleted and replaced with Exhibit D attached hereto. 7. Conflicts. In the event the terms of this Second Amendment conflict with the terms of the First Amendment, the terms of this Second Amendment shall govern. Except as specifically provided herein, the Original Agreement and First Amendment shall remain in full force and effect. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their duly authorized officers on the above date at McHenry, Illinois. City of McHenry By: Susan E. Low, Mayor McHenry Riverwalk Center, LLC By: Name: Its: Revised Exhibit D to Redevelopment Agreement Project Budget • ' ; ' � � t 1i ri • _ 4 r r L me NO � . • 1 . •' Striped-off space at r existing utilih/pole �♦ PARKING EXHIBIT • CURTIS COMMERCIAL 0. McHENRY, IL • WHAEGER ENGINEERING *. • consulting engineers land surveyors ,{ 1300 Pl—Gr Rood,Schaumburg,IL 60173 TN:847,394.66M Fm:847.394,6608 www.hoegaronginaering.com Project Manager: MLA Engineer: Sheet 1 Date: 10-6-09 Project No. 07-039E �1 Plot Date: Oct 06,2009-12:23pm Plotted By:mike-o Layout:8.5x1 1-LS ©20099 Ho ,E+in nng,uc File Name:P:\2007\07039\Drawings\Workspace-Engineers\McHenry Public Parking Lot.dwg