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Packet - 09/20/2010 - City Council
City of MCHenry � 333 South Green Street www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Mayor's Office (� (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Monday, September 20, 2010, 7:30 PM Administration (815) 363-2100 1. Call to Order Fax (815) 363-2119 2. Roll Call Construction and Neighborhood Services 3. Public Input Session: 10 Minute Limitation (815) 363-2170 Fax (815) 363-2173 4. Consent Agenda: Finance Department A. CALEA General Order Revision #26.9; (815) 363-2100 B. Parks special Use request; Fax (815) 363-2119 C. September 13, 2010 City Council meeting minutes; and D. List of Bills. Parks and Recreation (815) 363-2160 5. Conditional use permit and variances for 305 North Front Street Fax (815) 363-3186 6. Ordinance amending City of McHenry Zoning Ordinance Chapters VII and XIX relating Police Non-Emergency to recreational vehicles and trailers including a one-year amortization process (815) 363-2200 Fax (815) 363-2149 7. Ordinance amending Municipal Code Chapter 7.50 adding Sec. 7.50-15, Demolition, Repair, Enclosure or Remediation Public Works (815) 363-2186 8. Recommendation to a) award bid for solids handling upgrades to Maxim Construction Fax (815) 363-2214 Corporation for an amount not to exceed $2,399,000; b) waive bid requirements to purchase equipment from sole source providers totaling $768,947; and c) accept proposal from Advanced Automation and Controls, Inc. for SCADA system integration Mayor controls not to exceed $159,500 Susan E. Low 9. Recommendation to a) award bid to Greg Greenhill Construction Company to complete City Clerk sidewalks, driveway aprons, and landscaping in the Legend Lakes subdivision for Janice C. Jones $133,842.65; and, b) waive bid requirements and approve the sole source service provider for CIPP repair to the storm sewer in the Legend Lakes subdivision to Treasurer Infrastructure Solutions, Inc. for the lump sum price of $12,700 Steven C. Murgatroyd 10. Mayor Statement and Reports Aldermen WARD 1 1 1. Committee Reports Victor A. Santi 12. Staff Reports WARD 2 Andrew A. Glab 13. Future Agenda Items WARD 3 14. Adjournment Jeffrey A. Schaefer Posted: September 15, 2010 WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the September 20, 2010, City Council meeting consists of the following items: A. CALEA General Order Revision #26.9; B. Parks special Use request; C. September 13, 2010 City Council meeting minutes; and D. List of Bills. CONSENT AGENDA TO: Mayor, City Administrator, and Council Members FROM: Chief John Jones FOR: September 20, 2010 Council Meeting SUBJECT: General Order#26.9 Social Networking/Use of Agency Images, Recordings and Logos in the Public Domain Background: From time to time, the department sets forth new or revised policies, per CALEA standards to assist in maintaining the highest level of professionalism. As the popularity of social networking sites increases, it becomes necessary to formulate a policy with clear instructions for the use of those sites by department personnel. The attached order provides guidelines and procedures relating to social networking sites and advises both sworn and non-sworn personnel of the department policy regarding the use of such sites. Recommendation: Upon approval by consent agenda, this policy will be signed by the Chief of Police and implemented as department policy. CITY OF MCHENRY POLICE DEPARTMENT W ;, 333 S. Green Street, McHenry, Illinois 60050 x Effective Date General Order Number DRAFT GENeML:0� a 26.9 Subject Social Networking/Use of Agency Images,Recordings and Logos in the Public Domain Reference Rescinds/Replaces Last Reviewed/Revised: New Policy CALEA Standard/s, Distribution: Classification: No.Pages Master File Copy Chapter 3 Tab 3 3 All Department Personnel Personnel Structure I. PURPOSE The purpose of this policy is to establish the City of McHenry Police Department's policy concerning personal web pages or internet sites when referencing the McHenry Police Department, to ensure employees use appropriate discretion in the use of references to the McHenry Police Department so as not to discredit or disrespect the department, to ensure that the release, either directly or indirectly, of information concerning crimes, accidents, or violations of ordinances or statutes to persons outside the department is not disseminated, and that all employees treat as confidential the official business of the department. II. POLICY Employees of the McHenry Police Department have a right to have personal web pages or sites. When reference is made to or about the McHenry Police Department, a review of that reference is needed to ensure that such reference does not compromise our integrity and thus, undercut the public confidence in this agency or this profession. Therefore, it shall be the policy of the McHenry Police Department that employees of the department are prohibited from posting, transmitting and/or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked and unmarked vehicles, equipment, or other material that specifically identifies the McHenry Police Department, on any personal or social networking website or web pages,without the express written permission of the Chief of Police. No employee shall represent themselves, directly or indirectly, in any public forum as an employee of the McHenry Police Department, either by text, photograph, or image depicting the uniform, badge, or patch, in any manner that reflects a lack of good moral character. No employee will represent themselves in any public forum as an employee of the McHenry Police Department with other information, opinion, or posture that would bring unfavorable criticism or embarrassment upon the department. III. DEFINITIONS None IV. PROCEDURES A. Employees having personal web pages or other types of internet postings which can be accessed by the public, shall not place or allow photographs or depictions of themselves dressed in uniform and/or displaying official identification, patches or badges, or in any way, either directly or indirectly, identify themselves as an employee of the McHenry Police Department for any reason, without approval as indicated in this policy. B. Photographs or other depictions of department uniforms, badges, patches, or marked and unmarked units shall not be posted on internet sites without the express written permission of the Chief of Police. C. Photographs of the inside of the police department building as well as any crime or accident scene shall not be posted. D. Employees are prohibited from posting,transmitting, and/or disseminating any pictures or videos of official department training, activities,or work-related assignments without the express written permission of the Chief of Police. E. Employees wishing to use photographs, depictions, or references to the McHenry Police Department must receive approval of the Chief of Police. F. Employees who post photos,comments, etc. of other department employees must inform and seek approval from the employees(s)before posting same. G. Any employee becoming aware of or having knowledge of a posting or of any website or web page in violations of the provisions of this policy shall notify his/hers supervisor immediately for follow- up action. H. Sites deemed inappropriate, whether an employment association or not, bringing discredit to this department or to a department employee, or promoting misconduct,whether on or off duty, may be investigated through a criminal or administrative investigation. I. All employees shall treat as confidential the official business of the department. J. No employee shall release, either directly or indirectly, information concerning crimes, accidents, or violations of ordinances or statutes to persons outside the department who are not authorized to receive such information. K. No employee shall reveal any unauthorized information to any person not a member of the department not authorized to receive such information. L. If an employee indicates in any public forum any opinion on a police related issue,then that employee shall state the views and opinions expressed are the employee's personal ones, and not those of the McHenry Police Department. V. APPROVAL PROCESS A. An employee seeking approval to use references to the McHenry Police Department on a personal website,web page, or other public forum, shall submit a request for approval to the Chief of Police via the chain of command. B. The request shall describe the proposed reference and purpose. C. A list of reference(s)and any media to be used shall be provided. D. A printed layout of the entire web page, posting, or site shall be provided. E. The employee will receive an approval or denial of the request. F. Any changes made to a previously approved posting must be submitted for reconsideration. VI. LIMITATIONS A. No sexual,violent, racial, ethnically derogatory material, comments, pictures, artwork,video or other reference may be posted along with any department approved reference. B. Employees shall not post any material on the internet that brings discredit to or may adversely affect the efficiency or integrity of the McHenry Police Department. C. Employees should consider the possible adverse consequences of internet postings, such as future employment, cross-examination in criminal cases, and public as well as private embarrassment. D. Employees are reminded to exercise good judgment and demonstrate personal accountability when choosing to participate on social-networking sites. Established by the Order of: City Council Review Effective Date Classification: fs Chapter 3 Tab 3 Chief John M.Jones Personnel Structure CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: September 20, 2010 Regular City Council Meeting Re: Special Use and/or Beer/Wine Permit RECOMMENDATION: To approve the attached beer/wine special use request The attached permit application was received with all documentation properly submitted. Me'HENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION .-ontact Perso:i: fr` Date of Picnic:, -, Company/Organization:, � .4;AI i �t- // -. Address:__ City/State/Zip: /'/' / J,1/�� Home Phone 1 ;,��) �� Work/Cell Phone — Park: Knox Park ❑ Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time: Departure Time:,�,I— Total Number Attending:22 Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic, car show, craft show, wedding, etc.): List all activities that will be held: •:::A�� Q,t Items being brought into park site: F/tient ❑ tables i.7 chairs n benches ❑ carnival rides /Music ❑ animals ❑ model planes a other ❑ other Will beer/wine be present: 7yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year J . Indicate the number of beer/wine permits denied -"2. Indicate amount of beer/wine to be brought into the City Park under this permit on such date(number of wine bottles,beer cases,beer kegs, etc.)--Z,42el- 22- I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I dlso up4ersTa-nc 4hat not complying with the Park Permit rules will result in loss of deposit. Signature: ! Dater -J2122 Health permits are required by law for concessions and catering. Make arrangements to obtain permits NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: OFFICE USE Reservation Fee: $ Date Paid: Initials: Deposit Fee: $ Payment: ❑ Cash ❑ Check ❑ Charge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and or wine application REGULAR MEETING SEPTEMBER 13, 2010 Mayor Low called the regularly scheduled September 13, 2010 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Chief of Police Jones, City Engineer Pieper. OATH OF OFFICE: CHIEF OF POLICE JOHN M.JONES DEPUTY CHIEF OF POLICE ROBERT J. LUMBER Mayor Low announced the first order of business this evening is to conduct the swearing-in of Police Chief John M.Jones and Deputy Chief Robert J. Lumber. Mayor Low stated it is a testament to both gentlemen that such a large number of people are in attendance to witness the occasion. She noted the City is fortunate to have such a great police department and the City is grateful and appreciative of the men and women of its police force. In attendance were Police Commissioners Michael Roberts and Ramon Gregorio. Commissioner Roberts swore in Police Chief John M. Jones and stated it is a distinct honor to swear him in to his new position. Chief Jones introduced his wife Mary Jo who pinned his Chief of Police badge upon him. Mayor Low stated with the promotion of Chief Jones there is an opening for a Deputy Chief on the department. She stated Chief Jones has named Robert J. Lumber as Deputy Chief. Commissioner Roberts swore in Robert J. Lumber as Deputy Chief whereupon Deputy Chief Lumber introduced his wife and children. Chief Jones introduced his wife and family and thanked the Police Commission, Mayor Low and past Chiefs of Police, and Deputy Chief Roger Pechous for their assistance and mentoring. He stated it is an honor to have been chosen for this position. PUBLIC INPUT SESSION Barb Holmes of 206 Huntington Drive addressed Council asking the City to form a sub- committee to develop alternative forms of funding should the proposed McHenry High School District 156 referendum fail. Patti Boyd of 3607 Waukegan Road addressed Council thanking Chief of Police Jones for the immediate attention and response provided to her previously-voiced concerns. Regular Meeting Page 2 September 13,2010 Robert Knutchner of 2002 Pine Drive addressed Council stating his neighbor has turned his front yard into a "racetrack'. Races are conducted adjacent to children on the public sidewalk. Mayor Low suggested Mr. Knutchner approach his neighbor regarding his concerns. CONSENT AGENDA Mayor Low requested Consent Agenda Item A. Request to advertise for bids for Holiday Lighting, be removed for further discussion. Motion by Peterson, seconded by Condon,to approve the Consent Agenda as amended: B. Special Event Liquor License to host an Open House—McHenry Public Library; C. Special Event Liquor License for annual Oktoberfest—St.Patrick Church; D. Block Party Request: Paul Vogel,Mill Creek Subdivision,September 25,2010; E. City Council Minutes: August 30,2010 regularly scheduled meeting; F. List of As-Needed checks: BANKCARD SERVICES 259.00 BLUE CROSS BLUE`SHIELD 0 102,553.44 BUTLER, JORDYN 100.00 COCO KEY WATER RESORT 361.45 FOP UNITS I/II 1,729.00 GREGORIO, RAMON 2,441.20 GUSTAFSEN, BRITTANY 100.00 HOME DEPOT/GECF 384.04 IUOE, LOCAL 150 1,958.25 KASZUBOWSKI, VANESSA 100.00 MCHENRY HIGHT SCHOOL - W 972.08 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 288.00 POSTMASTER MCHENRY IL 1,249.50 PRE-PAID LEGAL SERVICES 284.90 SAM'S CLUB 998.30 UNITED PARCEL SERVICE 39.74 UnI 1,554.57 GRAND TOTALS 115,415.80 FUND TOTALS GENERAL FUND 8,600.05 PAGEANT FUND 1,272.08 WATER/SEWER FUND 290.03 EMPLOYEE INSURANCE FUND 104,994.64 INFORMATION TECHNOLOGY FUND 259.00 TOTALS 115,415.80 G. List of Bills: A-YARD CORP 64.00 ACE HARDWARE, BJORKMAN'S 1,955.45 ACE TOWING & RECOVERY 160.00 ADAMS ENTERPRISES INC, R 123.88 ADAMS STEEL SERVICE INC 85.00 ALEXANDER LUMBER CO 93.80 AUTO TECH CENTERS INC 208.50 BANKCARD SERVICES 515.00 BLACKSTONE LANDSCAPE INC 16,418.00 BRENNAN, DAN 1,015.00 BREWSTER, AMY 62.00 BROGAN, WILLIAM J 47.72 BUSS FORD SALES 653.21 CAREY ELECTRIC 5,740.00 Regular Meeting Page 3 September 13,2010 CARTRIDGE WORLD MCHENRY 219.98 CDW GOVERNMENT INC 677.30 CENTEGRA OCCUPATIONAL ME 417.48 CERTIFIED SERVICES INC 94.06 CHEMICAL PUMP SALES & SE 57.62 CHICAGO INTERNATIONAL TR 286.90 CLARIANT CORP 100.00 COMCAST CABLE 74.90 COMED 29,842.57 CONCRETE SOLUTIONS CORP 900.00 CONSTELLATION NEWENERGY 25,477.28 COUGHLIN, KEVIN 88.00 COUNTY CLERKS OFFICE 10.00 CURRAN CONTRACTING COMPA 8,710.77 CUSTOM LANDSCAPING 440.00 DOCUMENT IMAGING DIMENSI 109.00 DURA WAX COMPANY INC, TH 399.55 EAST JORDAN IRON WORKS 180.00 ED'S AUTOMOTIVE/JIM'S MU 138.00 ETTEN, CHRISTOPHER 76.23 FISCHER BROS FRESH 1,592.38 FOXCROFT MEADOWS INC 1,266.20 G IMPRESSIONS INC 94.50 HBK WATER METER SERVICE 124.14 HOLMSTROM, ROBERT 110.89 HYDROTEX 282.37 INTRAVARTOLO, TODD 24.37 JENSEN, KIM 58.00 KALE UNIFORMS INC 690.06 KIESLER'S POLICE SUPPLY 7,955.40 KIRCHNER FIRE 835.75 KIWANIS CLUB OF MCHENRY 220.00 LANE, CASEY 1,500.00 LANGE, MICHAEL 69.93 LAW ENFORCEMENT SYSTEMS 183.00 LEACH ENTERPRISES INC 74.98 LEE AUTO MCHENRY 348.96 LEXISNEXIS 113.00 MARATHON TOWING 125.00 MCANDREWS PC, THE LAW OF 61800.00 MCAULIFF & SEMROW PC 1,578.50 MCCANN INDUSTRIES INC 160.32 MCHENRY AREA YOUTH COMM 1,000.00 MCHENRY COMMUNITY SCHOOL 89.25 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY FIRESTONE 131.96 MCHENRY POWER EQUIPMENT 3.14 MCMASTER-CARR SUPPLY CO 45.71 MEADE ELECTRIC COMPANY I 875.85 MEYER MATERIAL COMPANY 512.27 MIHEVC, JENNY 138.00 MINUTEMAN PRESS OF MCH 36.50 MORRIE AND SONS INC 235.00 MYNARS, PAM 67.00 NAGY, JOLEE 70.00 NICOR GAS 296.96 O'HALLERAN, LAURIE 75.00 PATTEN INDUSTRIES INC 158.99 PETROLIANCE LLC 4,925.67 PETROW, STEPHANIE S 175.00 PETTIBONE & CO, P F 32.95 PITNEY BOWES INC 255.00 PORTER LEE CORPORATION 219.50 PRECISION SERVICE & PART 196.52 PRIME TACK & SEAL CO 960.30 REBARS & STEEL COMPANY 75.00 REICHE'S PLUMBING SEWER 115.00 REINDERS INC 197.51 RIVERSIDE BAKE SHOP 19.93 ROC CONSTRUCTION SUPPLY 50.63 Regular Meeting Page 4 September 13,2010 S-F ANALYTICAL LABORATOR 485.00 SCHWALENBERG, RYAN 250.00 SEC GROUP INC 4,043.39 SHAW SUBURBAN MEDIA 140.00 SHERMAN MECHANICAL INC 344.69 SPRING ALIGN OF PALATINE 924.55 ST PAULS EPISCOPAL CHURC 206.70 STAPLES ADVANTAGE 688.85 STATE TREASURER IDOT 7,445.79 SURESOURCE 227.85 TRIEBOLD IMPLEMENT INC 131.08 ULTRA STROBE COMMUNICAIT 90.56 UNITROL / STINGER SPIKE 106.00 USA BLUEBOOK 250.09 VALLEY VIEW ACRES 425.00 VIKING CHEMICAL COMPANY 8,531.48 VISIONAIR 6,610.00 WATER SOLUTIONS UNLIMITE 4,800.00 WATER WELL SOLUTIONS 13,250.70 WHOLESALE DIRECT INC 57.04 WILSON, DENISE 58.00 WITT, CINDY 25.60 ZAHN, DAN 315.00 GRAND TOTALS 180,049.96 FUND TOTALS GENERAL FUND 103,174.51 CAPITAL IMPROVEMENTS FUND 2,897.89 WATER/SEWER FUND 71,155.45 RISK MANAGEMENT FUND 19.93 INFORMATION TECHNOLOGY FUND 1,596.18 RETAINED PERSONNEL ESCROW 1,206.00 TOTALS 180,049.96 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM A• REQUEST TO ADVERTISE FOR BIDS FOR HOLIDAY LIGHTING Alderman Peterson stated every year he disagrees with the proposed expenditure of funds to provide holiday lighting in Veterans Memorial Park. He noted that particularly this year some difficult financial decisions had to be made. He noted the holiday lighting is a nice touch but it is unnecessary. He opined City Staff do a nice job decorating the City for the holidays without outside assistance. Alderman Condon expressed her appreciation for Alderman Peterson's concerns but noted this item has already been included in the budget and she would still like to approve the request for bids this evening. She stated Council could look at alternatives for holiday lighting during next year's budget discussions. Alderman Glab expressed his support for lights in the park. During this tough economy the lighting adds a little boost to the City businesses and holiday shoppers. Alderman Blake stated he enjoys Christmas but understands Alderman Peterson's concerns. Regular Meeting Page 5 September 13,2010 Alderman Wimmer inquired where the line item is included in this year's budget. City Administrator Black responded the item is included in the General Fund expenditures; however, $60,000 was transferred from the Tourism Fund to subsidize this type of program. Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to authorize Staff to go out for bid the for 2010 holiday lighting program for Veterans Memorial Park as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. PROPOSAL FOR BATH HOUSE ROOF REPLACEMENT AT RIVIERA MARINA SUBMITTED BY HOGAN EXTERIORS IN AN AMOUNT NOT-TO-EXCEED $2,250 Assistant City Administrator Hobson stated it has been brought to Staffs attention that the Riviera Marina bath house roof is in need of replacement. To prevent further damage from rotten and damaged wood, Staff is seeking council authorization to accept a proposal submitted by Hogan Exteriors to repair the roof.The proposal is in the amount of$2,250. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to accept a proposal submitted by Hogan Exteriors in the amount not-to-exceed $2,250 for the repair of the bath house room at Riviera Marina. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. SETTLEMENT AGREEMENT FOR STORM WATER COMPLAINTS, GRADING AND LANDSCAPING IN KRESSWOOD TRAILS SUBDIVISION,AMONG PACINI GROUP KRESSWOOD TRAILS HOA AND THE CITY OF MCHENRY Deputy City Administrator Martin stated a settlement agreement was drafted by City Attorney McArdle for the Kresswood Subdivision storm water complaints, grading and landscaping repairs.The agreement is among the Pacini Group, Kresswood Trails Home Owner's Association (HOA) and the City of McHenry. Deputy City Administrator Martin stated the agreement outlines the terms whereby Pacini would pay a one-time cash settlement to the Kresswood Trails HOA in the amount equal to approximately $160,000 or 110% of two bids acquired to do specific storm water facility repair, grading and landscape work within the subdivision. In addition the agreement stipulates that Pacini will pay the outstanding retained personnel amount of $22,238.15. The remaining approximately $245,000 of the called Letters of Credit would be returned to the Pacini Group. Deputy City Administrator Martin stated it is Staffs recommendation to approve the agreement as presented. Regular Meeting Page 6 September 13,2010 Alderman Condon expressed her gratitude to Deputy City Administrator Martin for all of his efforts in bring this agreement to a successful conclusion. Her sentiments were echoed by Council. Motion by Condon, seconded by Wimmer,to accept Staffs recommendation to approve and authorize the Mayor's execution of a settlement agreement among Pacini Group, Kresswood Trails HOA and the City of McHenry providing for the storm water facility repair, grading and landscaping required in Kresswood Trails Subdivision in the amount of $160,000, the payment to the City of McHenry of outstanding retained personnel fees regarding said subdivision in the amount of $22,238, and reimbursement to Pacini Group in the amount of $245,00 of its called Letters of Credit, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7 ARTICLE XVII SECTIONS 7-256-262 PROVIDING FOR ABATEMENT OF CHRONIC NUISANCE PROPERTIES Deputy City Administrator Martin stated the City's Police Department currently enforces nuisance abatements pursuant to Chapter 14 Section 140-2 of the Municipal Code. Staff believes this section, entitled Accountability for Conduct of Another, does not have the necessary elements to effectively deal with nuisance properties. Deputy City Administrator Martin stated City Attorney McArdle has drafted an ordinance which would amend Chapter 7 of the Municipal Code, Article XVII, Substandard and Dangerous Buildings, and provide for enforcement of nuisance abatement when specific offenses are identified at a single location more than one time. It is Staff's opinion the proposed ordinance would implement enforcement capabilities in consort with the current efforts of Crime Free Multi-Unit Housing initiative currently underway. Motion by Santi, seconded by Condon, to accept Staff's recommendation to pass an ordinance amending Municipal Code Chapter 7 Section XVII, Substandard and Dangerous Buildings, Section 7-256-7-262 as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 7 September 13,2010 MAYOR STATEMENT AND REPORT Mayor Low thanked Assistant City Administrator Hobson, Police Chief Jones and Fire District Chief Tony Huemann for the nice Patriot Day Ceremony on September 11th at Veterans Memorial Park. Mayor Low announced her intent to appoint Joyce Matuszewich to the City Landmark Commission to fill the unexpired term of Ronald Glosson. Mayor Low requested motion from the floor to approve the appointment. Motion by Glab, seconded by Wimmer, to approve the Mayor's appointment of Joyce Matuszewich to serve on the Landmark Commission with a term expiring April 30, 2012. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS Chairman Alderman Peterson reported a Parks and Recreation Committee meeting was held on September 8, 2010 and minutes would be forthcoming. STAFF REPORTS Assistant City Administrator Hobson announced the Kelly Miller Circus will be in Petersen Park September 14-16th. On Sunday September 19th from 9 a.m. until 4 p.m. the Chamber will host Country Meadows event and Wine Tasting Festival in Veterans Memorial Park. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:07 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:07 p.m. Mayor City Clerk DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10090408 100 01 1001 A-YARD CORP 8/27/10 MULCH 09/20/10 0 091410 210.00 100.01.6110 1009 091410 GLJ0952 210.00 091410 10090402 100 42 1438 AMERICAN RED CROSS OF GR CST055000 SUPPLIES 09/20/10 0 091410 8.00 100.42.6110 1009 091410 GLJ0952 8.00 091410 10090403 100 22 1488 ANCHOR TOWING 23919 TOWING SERVICES 09/20/10 0 091410 125.00 100.22.5110 1009 091410 GLJ0952 125.00 091410 10090793 100 22 1488 ANCHOR TOWING 23950 VEHICLE TOWING SERVICES 09/20/10 0 091510 125.00 100.22.5110 1009 091510 GLJ0967 125.00 091510 10090523 210 00 1498 ANDERSON, BRIAN SUMMER2010CITY BAND CONCERTS 09/20/10 O 091510 720.00 210.00.5110 1009 091510 GLJ0954 720.00 091510 10090525 210 00 1503 ANDERSON, CHRIS SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 30.00 210.00.5110 1009 091510 GLJ0954 30.00 091510 10090404 XXXXX XXXXX 1450 AT&T SEPT 2010 CENTREX PHONE LINES 09/20/10 0 091410 2,741.32 100.01.5320 1009 091410 GLJ0952 560.86 091410 100.02.5320 1009 091410 GLJ0952 56.77 091410 100.22.5320 1009 091410 GLJ0952 685.42 091410 100.30.5320 1009 091410 GLJ0952 229.01 091410 100.33.5320 1009 091410 GLJ0952 573.48 091410 100.41.5320 1009 091410 GLJ0952 111.32 091410 100.42.5320 1009 091410 GLJ0952 56.28 091410 100.43.5320 1009 091410 GLJ0952 55.68 091410 100.44.5320 1009 091410 GLJ0952 111.58 091410 100.45.5320 1009 091410 GLJ0952 169.07 091410 620.00.5110 1009 091410 GLJ0952 131.85 091410 10090405 510 XXXXX 1450 AT&T SEPT 2010 CENTREX PHONE LINES 09/20/10 0 091410 738.38 510.31.5320 1009 091410 GLJ0952 456.02 091410 510.32.5320 1009 091410 GLJ0952 282.36 091410 10090406 100 XXXXX 1450 AT&T SEPT 2010 ALARM CIRCUITS 09/20/10 0 091410 215.00 1D0.43.5320 1009 091410 GLJ0952 28.61 091410 100.45.5320 1009 091410 GLJ0952 106.74 091410 100.46.5320 1009 091410 GLJ0952 29.11 091410 100.33.5320 1009 091410 GLJ0952 50.54 091410 10090407 510 XXXXX 1450 AT&T SEPT 2010 ALARM CIRCUITS 09/20/10 0 091410 11.27 510.31.5320 1009 091410 GLJ0952 9.94 091410 510.32.5320 1009 091410 GLJ0952 1.33 091410 10090418 510 31 2039 B&W CONTROL SYSTEMS INTE 152128SCADA SUPPORT 09/20/10 0 091410 1,091.20 510.31.5110 1009 091410 GLJ0952 1091.20 091410 10090526 210 00 2009 BARCLAY, TIM SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 730.00 210.00.5110 1009 091510 GLJ0954 730.00 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 9/20/10 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 10090409 100 33 2035 BAXTER & WOODMAN 15213OPW GARAGE LUST CLOSURE 09/20/10 0 091410 524.00 100.33.5110 1009 091410 GLJ0952 524.00 091410 10090410 510 32 2035 BAXTER & WOODMAN 152129GIS MANAGEMENT 09/20/10 0 091410 2,138.50 510.32.5110 1009 091410 GLJ0952 2138.50 091410 10090528 210 00 3267 BAZAN, MAUREEN SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0954 740.00 091510 10090527 210 00 2038 BAZAN, MICHAEL SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 1,370.00 210.00.5110 1009 091510 GLJ0954 1370.00 091510 10090411 100 41 1 BELARMINO, BRENDA PARKS PROGRAM REFUND 09/20/10 0 091410 105.00 100.41.3637 1009 091410 GLJ0952 105.00 091410 10090529 210 00 2142 BELL, ADAM C SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 590.00 210.00.5110 1009 091510 GLJ0954 590.00 091510 10090530 210 00 2158 BERNHARD, DAVID A SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 520.00 210.00.5110 1009 091510 GLJ0954 520.00 091510 10090412 100 00 2 BONO, JOE REFUND PERMIT #10-07-092 09/20/10 0 091410 30.00 100.00.3410 1009 091410 GLJ0952 30.00 091410 10090413 100 03 2636 BRENNAN, DAN 9/10/10 MOWING SERVICES 09/20/10 0 091410 910.00 100.03.5110 1009 091410 GLJ0952 910.00 091410 10090414 100 03 2636 BRENNAN, DAN 9/10/10 MOWING SERVICES 09/20/10 0 091410 210.00 100.03.5110 1009 091410 GLJ0952 210.00 091410 10090531 210 00 2748 BURES, MARK - SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 60.00 210.00.5110 1009 091510 GLJ0954 60.00 091510 10090415 100 22 2765 BUSS FORD SALES 37931 VEHICLE REPAIR PARTS 09/20/10 0 091410 2,720.00 100.22.5370 1009 091410 GLJ0952 2720.00 091410 10090416 100 22 2765 BUSS FORD SALES 37991 VEHICLE REPAIR PARTS 09/20/10 0 091410 44.06 100.22.5370 1009 091410 GLJ0952 44.06 091410 10090417 100 22 2765 BUSS FORD SALES 37949 VEHICLE REPAIR PARTS 09/20/10 0 091410 48.92 100.22.5370 1009 091410 GLJ0952 48.92 091410 10090419 100 XXXXX 3015 CARQUEST AUTO PARTS STOR AUG 2010 VEHICLE REPAIR PARTS 09/20/10 0 091410 633.87 100.22.5370 1009 091410 GLJ0952 167.57 091410 100.45.5370 1009 091410 GLJ0952 187.56 091410 100.33.5370 1009 091410 GLJ0952 298.74 091410 100.33.5370 1009 091410 GLJ0952 20.000R 041410 10090420 510 32 3015 CARQUEST AUTO PARTS STOR AUG 2010 VEHICLE REPAIR PART 09/20/10 0 091410 171.96 510.32.5370 1009 091410 GLJ0952 195.96 091410 510.32.5370 1009 091410 GLJ0952 24.00CR 091410 .._DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10090739 210 00 3031 CAUTHORN, KYLE SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 150.00 210.00.5110 1009 091510 GLJ0960 150.00 091510 10090421 100 33 3285 CINTAS CORPORATION #355 355-01000 UNIFORM RENTALS 09/20/10 0 091410 152.08 100.33.4510 1009 091410 GLJ0952 152.08 091410 10090422 100 01 3285 CINTAS CORPORATION #355 355-01002 UNIFORM RENTALS 09/20/10 0 091410 96.32 100.01.4510 1009 091410 GLJ0952 96.32 091410 10090423 510 32 3285 CINTAS CORPORATION #355 35500992/9UNIFORM RENTALS 09/20/10 0 091410 524.16 510.32.4510 1009 091410 GLJ0952 524.16 091410 10090424 100 01 3285 CINTAS CORPORATION 4355 355-01002 FLOOR MAT RENTALS 09/20/10 0 091410 355.84 100.01.6110 1009 091410 GLJ0952 355.84 091410 10090425 100 33 3285 CINTAS CORPORATION #355 355-01000 FLOOR MAT RENTALS 09/20/10 0 091410 11.68 100.33.6110 1009 091410 GLJ0952 11.68 091410 10090426 510 32 3285 CINTAS CORPORATION #355 35500992/9SOAP & FLOOR MATS 09/20/10 0 061410 131.28 510.32.6110 1009 091410 GLJ0952 131.28 061410 10090794 510 32 3398 CLEVELAND MOTION CONTROL 56001933 EQUIPMENT REPAIRS 09/20/10 0 091510 2,266.51 510.32.5375 1009 091510 GLJ0967 2266.51 091510 10090427 100 33 3509 COMCAST CABLE 9/12-10/11INTERNET SERVICES 09/20/10 0 091410 50.02 100.33.5320 1009 091410 GLJ0952 50.02 091410 10090428 510 XXXXX 3509 COMCAST CABLE 9/12-10/11INTERNET SERVICES 09/20/10 0 091410 25.77 510.31.5320 1009 091410 GLJ0952 22.74 091410 510.32.5320 1009 091410 GLJ0952 3.03 091410 10090429 510 32 3530 COMED 8613100046WATER/SEWER PUMPING CHARGES 09/20/10 0 091410 1,627.51 510.32.5510 1009 091410 GLJ0952 1627.51 091410 10090430 100 33 3537 CONCRETE SOLUTIONS CORP 18400 MATERIALS 09/20/10 0 091410 640.80 100.33.6110 1009 091410 GLJ0952 640.80 091410 10090432 100 45 3539 CONSERV FS 1367368-INSUPPLIES 09/20/10 0 091410 35.40 100.45.6110 1009 091410 GLJ0952 35.40 091410 10090479 100 01 3559 COUNTY CLERKS OFFICE SYNEK NOTARY COMMISSION 09/20/10 0 091410 10.00 100.01.6940 1009 091410 GLJ0953 10.00 091410 10090433 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-165763BLECTRICAL SUPPLIES 09/20/10 0 091410 122.38 100.01.6110 1009 091410 GLJ0952 122.38 091410 10090434 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-165772ELECTRICAL SUPPLIES 09/20/10 0 091410 7.28 100.01.6110 1009 091410 GLJ0952 7.28 091410 10090435 100 01 3634 CRESCENT ELECTRIC SUPPLY. 112-166083ELECTRICAL SUPPLIES 09/20/10 0 091410 39.32 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.01.6110 1009 091410 GLJ0952 39.32 091410 10090436 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-165821ELECTRICAL SUPPLIES 09/20/10 0 091410 71.77 100.01.6110 1009 091410 GLJ0952 71.77 091410 10090437 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-165737ELECTRICAL SUPPLIES 09/20/10 0 091410 85.93 100.01.6110 1009 091410 GLJ0952 85.93 091410 10090438 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-165719ELECTRICAL SUPPLIES 09/20/10 0 091410 11.07 100.01.6110 1009 091410 GLJ0952 11.07 091410 10090439 100 01 3634 CRESCENT ELECTRIC SUPPLY 112-163193ELECTRICAL SUPPLIES 09/20/10 0 091410 1,137.64 100.01.6110 1009 091410 GLJ0952 1137.64 091410 10090740 210 00 3734 CUMMINGS, JOHN G SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090440 510 32 4004 D'ANGELO NATURAL SPRING AUG 2010 BOTTLED DISTILLED WATER 09/20/10 0 091410 46.50 510.32.6110 1009 091410 GLJ0953 46.50 091410 10090441 100 22 4031 DAWSON, CHRISTINE CLOTHING ALLOWANCE REIMB 09/20/10 0 091410 24.99 100.22.4510 1009 091410 GLJ0953 24.99 091410 10090795 100 47 4150 DEMARAIS, DAVE REIMB SWIM TEAM MEETING MILEAGE 09/20/10 0 091510 33.00 100.47,6110 1009 091510 GLJ0967 33.00 091510 10090442 100 45 5109 ED'S AUTOMOTIVE/JIM'S MU AUG 2010 VEHICLE SAFETY INSPECTIONS 09/20/10 0 091410 23.00 100.45.5370 1009 091410 GLJ0953 23.00 091410 10090443 100 33 5309 EJ EQUIPMENT 40492 SWEEPER SUPPLIES 09/20/10 0 091410 105.36 100.33.5370 1009 091410 GLJ0953 105.36 091410 10090444 100 22 6026 FAMILY TAILOR SHOP 234771/6 UNIFORM ALTERATIONS 09/20/10 0 091410 26.00 POPP 100.22.4510 1009 091410 GLJ0953 26.00 091410 10090445 100 22 6029 FAST EDDIES CAR WASH JULY 2010 VEHICLE WASHES 09/20/10 0 091410 186.90 100.22.5110 1009 091410 GLJ0953 186.90 091410 10090446 100 22 6029 FAST EDDIES CAR WASH AUG 2010 VEHICLE WASHES 09/20/10 0 091410 185.95 100.22.5110 1009 091410 GLJ0953 185.95 091410 10090796 510 31 6293 FISCHER BROS FRESH 13599 MATERIALS 09/20/10 0 091510 1,085.00 510.31.6110 1009 091510 GLJ0967 1085.00 091510 10090797 100 33 6293 FISCHER BROS FRESH 13648 MATERIALS 09/20/10 0 091510 566.13 100.33.6110 1009 091510 GLJ0967 566.13 091510 10090798 100 01 6293 FISCHER BROS FRESH 13638 MATERIALS 09/20/10 0 091510 690.81 100.01.6110 1009 091510 GLJ0967 690.81 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10090799 100 33 6293 FISCHER BROS FRESH 13598 MATERIALS 09/20/10 0 091510 510.00 100.33.6110 1009 091510 GLJ0967 510.00 091510 10090447 100 22 6390 FLESCH COMPANY INC, GORD 0UM972 1 PRINTER SUPPLIES 09/20/10 0 091410 542.93 100.22.6110 1009 091410 GLJ0953 542.93 091410 10090800 100 22 6390 FLESCH COMPANY INC, GORD OUS370 1 COPIER METER READING 09/20/10 O 091510 94.97 100.22.5110 1009 091510 GLJ0967 94.97 091510 10090448 510 31 6559 FOXCROFT MEADOWS INC 37010 GRASS SEED & STRAW 09/20/10 0 091410 101.00 510.31.6110 1009 091410 GLJ0953 101.00 091410 10090449 100 33 6559 FOXCROFT MEADOWS INC 37010 SOD 09/20/10 0 091410 125.60 100.33.6110 1009 091410 GLJ0953 125.60 091410 10090741 210 00 6643 FREUND, MICHAEL R SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 430.00 210.00.5110 1009 091510 GLJ0960 430.00 091510 10090450 100 XXXXX 7281 G IMPRESSIONS INC 10-001761 SPECIAL EVENT SIGNS 09/20/10 0 091410 255.00 100.46.6920 1009 091410 GLJ0953 252.00 091410 100.42.6110 1009 091410 GLJ0953 3.00 091410 10090451 100 04 7558 GOVERNMENT FINANCE OFFIC 0175702 MEMBERSHIP 09/20/10 0 091410 375.00 100.04.5430 1009 091410 GLJ0953 375.00 091410 10090452 100 22 7640 GREAT LAKES FIRE & SAFET 146729EMPLOYEE UNIFORM ITEMS 09/20/10 0 091410 147.00 100.22.4510 1009 091410 GLJ0953 147.00 091410 10090742 210 00 7770 GUYNES, TERRY SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 60.00 210.00.5110 1009 091510 GLJ0960 60.00 091510 10090801 100 22 8025 HARRIS, JAMES SUPPLIES REIMB 09/20/10 0 091510 21.04 100.22.6210 1009 091510 GLJ0967 21.04 091510 10090802 510 31 8042 HAWKINS INC 3153026 SUPPLIES 09/20/10 0 091510 1,167.32 510.31.6110 1009 091510 GLJ0967 1167.32 091510 10090803 510 31 8042 HAWKINS INC 3147770 SUPPLIES 09/20/10 0 091510 2,440.38 510,31.6110 1009 091510 GLJ0967 2440.38 091510 10090453 100 33 3662 HERITAGE-CRYSTAL CLEAN L 11539725 PARTS CLEANER SERVICES 09/20/10 0 091410 125.97 100.33.6110 1009 091410 GLJ0953 125.97 091410 10090743 210 00 8528 HOLTZ, TED SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 20.00 210.00.5110 1009 091510 GLJ0960 20.00 091510 10090454 510 32 8731 HUBER TECHNOLOGY INC J1003744 WWTP EQUIPMENT 09/20/10 0 091410 98,846.40 510.32.8500 1009 091410 GLJ0953 98846.40 091410 580-CWWSWW 10090761 510 32 9378 ILLINI POWER PRODUCTS 11250GEQUIPMENT SERVICE WORK 09/20/10 0 091510 1,412.73 1 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 6 � LIST OF BILLS COUNCIL MEETING 9/20/10 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 --------------------------------------------------------------------------------------------------------------------------- 510.32.5380 1009 091510 GLJ0964 1412.73 091510 10090455 100 22 9513 INTEGRA BUSINESS SYSTEMS INV37505 SUPPLIES 09/20/10 0 091410 63.15 100.22.6110 1009 091410 GLJ0953 63.15 091410 100-CHARACTER 10090762 510 32 9520 INTERSTATE BATTERY SYSTE 35980 BATTERIES 09/20/10 0 091510 99.60 510.32.6110 1009 091510 GLJ0964 99.60 091510 10090763 100 01 10145 JENSEN, TED 22919 BIKE RACKS 09/20/10 0 091510 1,452.53 100.01.5110 1009 091510 GLJ0964 1452.53 091510 10090456 100 22 11025 KALE UNIFORMS INC 480674EMPLOYEE UNIFORMS 09/20/10 0 091410 118.00 100.22.4510 1009 091410 GLJ0953 118.00 091410 10090457 100 22 11025 KALE UNIFORMS INC 478547BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090458 100 22 11025 KALE UNIFORMS INC 478546BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090459 100 22 11025 KALE UNIFORMS INC 478549BODY ARMOR 09/20/10 0 091410 576.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090460 100 22 11025 KALE UNIFORMS INC 478551BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090461 100 22 11025 KALE UNIFORMS INC 478550BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090462 100 22 11025 KALE UNIFORMS INC 478552BODY ARMOR- 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090463 100 22 11025 KALE UNIFORMS INC 478554BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090464 100 22 11025 KALE UNIFORMS INC 478555BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090465 100 22 11025 KALE UNIFORMS INC 478557BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090466 100 22 11025 KALE UNIFORMS INC 478548BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090467 100 22 11025 KALE UNIFORMS INC 478558BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 10090468 100 22 11025 KALE UNIFORMS INC 478556BODY ARMOR 09/20/10 0 091410 578.47 100.22.6110 1009 091410 GLJ0953 578.47 091410 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------ 10090804 100 22 11025 KALE UNIFORMS INC 482069EMPLOYEE UNIFORMS 09/20/10 0 091510 49.02 100.22.4510 1009 091510 GLJ0967 49.02 091510 10090805 100 22 11025 KALE UNIFORMS INC 482070SUPPLIES 09/20/10 0 091510 15.00 100.22.6110 1009 091510 GLJ0967 15.00 091510 10090806 100 XXXXX 11638 KRATZ PLUMBING COMPANY 3295 ANNUAL RPZ INSPECTIONS 09/20/10 0 091510 1,595.00 100.01.5110 1009 091510 GLJ0967 450.00 091510 100.45.5110 1009 091510 GLJ0967 1070,00 091510 100.30.5110 1009 091510 GLJ0967 75.00 091510 10090807 510 32 11638 KRATZ PLUMBING COMPANY 3295 ANNUAL RPZ INSPECTIONS 09/20/10 0 091510 675.00 510.32.5110 1009 091510 GLJ0967 675.00 091510 10090808 510 32 11703 KTD INC 9180 SUPPLIES 09/20/10 0 091510 96.76 510.32.6110 1009 091510 GLJ0967 96.76 091510 10090469 100 01 9428 LAMBERT, FRANCES B 5812 UNIFORM EMBROIDERY SERVICES 09/20/10 0 091410 45.00 100.01.4510 1009 091410 GLJ0953 45.00 091410 10090744 210 00 12740 LUNDHOLM, KARL SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 600.00 210.00.5110 1009 091510 GLJ0960 600.00 091510 10090809 100 47 12746 LUNKENHEIMER, PATTIE FIELD TRIP MEAL REIMB 09/20/10 0 091510 15.00 100.47.6110 1009 091510 GLJ0967 15.00 091510 10090470 100 33 13033 MAPLE CONSTRUCTION INC 4605 DIRECTIONAL BORE 09/20/10 0 091410 1,900.00 100.33.5110 1009 091410 GLJ0953 1900.00 091410 10090471 100 22 16015 MARATHON TOWING 14725 TOWING SERVICES 09/20/10 0 091410 173.00 100.22.5110 1009 091410 GLJ0953 173.00 091410 10090472 100 22 16015 MARATHON TOWING 14737 TOWING SERVICES 09/20/10 0 091410 125.00 100.22.5110 1009 091410 GLJ0953 125.00 091410 10090477 510 31 14246 MCHENRY ANALYTICAL WATER 25537 WATER SAMPLE ANALYSIS 09/20/10 0 091410 60.00 510.31.5110 1009 091410 GLJ0953 60.00 091410 10090766 XXXXX XXXXX 14258 MCHENRY COUNTY RECORDER JULY 2010 RECORDING FEES 09/20/10 0 091510 964.00 100.01.6940 1009 091510 GLJ0964 920.00 091510 740.00.6960 1009 091510 GLJ0964 44.00 091510 10090767 510 XXXXX 14258 MCHENRY COUNTY RECORDER JULY 2010 RECORDING FEES 09/20/10 0 091510 720.00 510.31.6940 1009 091510 GLJ0964 360.00 091510 510.32.6940 1009 091510 GLJ0964 360.00 091510 10090768 XXXXX XXXXX 14258 MCHENRY COUNTY RECORDER AUG 2010 RECORDING FEES 09/20/10 0 091510 1,257.00 100.01.6940 1009 091510 GLJ0964 1120.00 091510 740.00.6960 1009 091510 GLJ0964 137.00 091510 10090769 510 XXXXX 14258 MCHENRY COUNTY RECORDER AUG 2010 RECORDING FEES 09/20/10 0 091510 480.00 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 8 v LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------- 510.31.6940 1009 091510 GLJ0964 240.00 091510 510.32.6940 1009 091510 GLJ0964 240.00 091510 10090770 100 45 14266 MCHENRY FIRESTONE 17423 SUPPLIES 09/20/10 O 091510 27.99 100.45.6110 1009 091510 GLJ0964 27.99 091510 10090478 100 33 14269 MCHENRY POWER EQUIPMENT 8885 EQUIPMENT REPAIRS 09/20/10 0 091410 66.05 100.33.5370 1009 091410 GLJ0953 66.05 091410 10090487 100 00 14270 MCHENRY PUBLIC LIBRARY REFUNDSPECIAL EVENT LIQUOR LICENSE 09/20/10 0 091510 25.00 100.00.3310 1009 091510 GLJ0954 25.00 091510 10090745 210 00 14531 MCNEELY, TOM SUMMER2010CITY BAND CONCERTS 09/20/10 O 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090764 100 33 13277 MIDWEST HOSE AND FITTING M4114 SUPPLIES 09/20/10 0 091510 36.75 100.33.5370 1009 091510 GLJ0964 36.75 091510 10090765 100 33 13277 MIDWEST HOSE AND FITTING M4140 SUPPLIES 09/20/10 0 091510 19.79 100.33.5370 1009 091510 GLJ0964 19.79 091510 10090474 100 04 13291 MINUTEMAN PRESS OF MCH 73558 DIAL A RIDE VOUCHERS 09/20/10 0 091410 164.17 100.04.5330 1009 091410 GLJ0953 164.17 091410 10090475 100 00 13291 MINUTEMAN PRESS OF MCH 73555 PRINTED FORMS 09/20/10 0 091410 137.93 100.00.6210 1009 091410 GLJ0953 137.93 091410 10090476 100 22 13291 MINUTEMAN PRESS OF MCH 73580 NOTARY STAMP 09/20/10 0 091410 28.00 100.22.6210 1009 091410 GLJ0953 28.00 091410 10090480 100 XXXXX 14251 NAPA AUTO PARTS MPEC AUG 2010 VEHICLE REPAIR PARTS 09/20/10 0 091410 773.78 100.22.5370 1009 091410 GLJ0953 291.90 091410 100.33.5370 1009 091410 GLJ0953 264.42 091410 100.45.5370 1009 091410 GLJ0953 217.46 091410 10090481 510 XXXXX 14251 NAPA AUTO PARTS MPEC AUG 2010 VEHICLE REPAIR PARTS 09/20/10 0 091410 129.94 510.31.5370 1009 091410 GLJ0953 45.79 091410 510.32.5370 1009 091410 GLJ0953 84.15 091410 10090771 510 32 15077 NCL OF WISCONSIN INC 275103LA13 SUPPLIES 09/20/10 0 091510 480.79 510.32.6110 1009 091510 GLJ0964 480.79 091510 10090482 100 22 15165 NEVILLE, HOLLY CLOTHING ALLOWANCE REIMB 09/20/10 0 091410 56.98 100.22.4510 1009 091410 GLJ0953 56.98 091410 10090789 XXXXX XXXXX 15169 NEXTEL 24534085610ELL PHONES 09/20/10 0 091510 2,162.81 100.01.5320 1009 091510 GLJ0964 317.88 091510 100.02.5320 1009 091510 GLJ0964 150.45 091510 100.03.5320 1009 091510 GLJ0964 171.20 091510 100.22.5320 1009 091510 GLJ0964 874.95 091510 100.30.5320 1009 091510 GLJ0964 75.54 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.5320 1009 091510 GLJ0964 295.52 091510 100.41.5320 1009 091510 GLJ0964 76.29 091510 100.45.5320 1009 091510 GLJ0964 88.78 091510 100.46.5320 1009 091510 GLJ0964 20.58 091510 100.47.5320 1009 091510 GLJ0964 16.86 091510 620.00.5320 1009 091510 GLJ0964 74.76 091510 10090790 510 XXXXX 15169 NEXTEL 24534065610ELL PHONES 09/20/10 0 091510 178.31 510.31.5320 1009 091510 GLJ0964 98.49 091510 510.32.5320 1009 091510 GLJ0964 79.82 091510 10090483 100 41 1 NICHOLLS, ANGEL PARKS PROGRAM REFUND 09/20/10 0 091410 45.00 100.41.3636 1009 091410 GLJ0953 45.00 091410 10090746 210 00 15276 NIELSEN, RICHARD SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 70.00 210.00.5110 1009 091510 GLJ0960 70.00 091510 10090772 100 33 16717 OTTER SALES & SERVICE IN P112463 VEHICLE REPAIR PARTS 09/20/10 0 091510 106.74 100.33.5370 1009 091510 GLJ0964 106.74 091510 10090484 100 01 16716 OTTOSEN BRITZ KELLY COOP 45598 PROFESSIONAL SERVICES 09/20/10 0 091410 402.00 100.01.5230 1009 091410 GLJ0953 402.00 091410 10090773 100 01 17005 PACE 65851 LOCAL SHARE DIAL A RIDE 09/20/10 0 091510 8,435.40 100.01.5110 1009 091510 GLJ0964 8435.40 091510 10090485 510 31 17008 PALMER, MIKE SUPPLIES REIMB 09/20/10 0 091410 6.94 510.31.6110 1009 091410 GLJ0953 6.94 091410 10090486 100 03 2532 PETROLIANCE LLC 8890610 VEHICLE FUEL 09/20/10 0 091410 115.06 100.03.6250 1009 091410 GLJ0953 115.06 091410 10090488 100 22 2532 PETROLIANCE LLC 8883766 VEHICLE FUEL 09/20/10 0 091510 2,398.22 100.22.6250 1009 091510 GLJ0954 2398.22 091510 10090489 100 XXXXX 2532 PETROLIANCE LLC 8890680 VEHICLE FUEL 09/20/10 0 091510 70.42 100.45.6250 1009 091510 GLJ0954 39.00 091510 100.03.6250 1009 091510 GLJ0954 31.42 091510 10090490 100 22 2532 PETROLIANCE LLC 8886814 VEHICLE FUEL 09/20/10 0 091510 2,151.14 100.22.6250 1009 091510 GLJ0954 2151.14 091510 10090491 100 33 2532 PETROLIANCE LLC 8886813 VEHICLE FUEL 09/20/10 0 091510 1,123.70 100.33.6250 1009 091510 GLJ0954 1123.70 091510 10090492 100 XXXXX 2532 PETROLIANCE LLC 8883765 VEHICLE FUEL 09/20/10 0 091510 1,026.68 100.33.6250 1009 091510 GLJ0954 945.09 091510 100.01,6250 1009 091510 GLJ0954 81.59 091510 10090493 100 45 2532 PETROLIANCE LLC 8890613 VEHICLE FUEL 09/20/10 0 091510 36.81 100.45.6250 1009 091510 GLJ0954 36.81 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10090494 510 31 2532 PETROLIANCE LLC 8886811 VEHICLE FUEL 09/20/10 0 091510 286.72 510.31.6250 1009 091510 GLJ0954 286.72 091510 10090495 510 31 2532 PETROLIANCE LLC 8890612 VEHICLE FUEL 09/20/10 0 091510 37.30 510.31.6250 1009 091510 GLJ0954 37.30 091510 10090496 510 32 2532 PETROLIANCE LLC 8883762 VEHICLE FUEL 09/20/10 0 091510 204.24 510.32.6250 1009 091510 GLJ0954 204.24 091510 10090497 510 32 2532 PETROLIANCE LLC 8873265 VEHICLE FUEL 09/20/10 0 091510 107.57 510.32.6250 1009 091510 GLJ0954 107.57 091510 10090498 510 32 2532 PETROLIANCE LLC 8880390 VEHICLE FUEL 09/20/10 O 091510 531.93 510.32.6250 1009 091510 GLJ0954 531.93 091510 10090810 100 33 2532 PETROLIANCE LLC 8890684 VEHICLE FUEL 09/20/10 0 091510 1,008.73 100.33.6250 1009 091510 GLJ0967 1008.73 091510 10090811 100 45 2532 PETROLIANCE LLC 8890683 VEHICLE FUEL 09/20/10 0 091510 428.08 100.45.6250 1009 091510 GLJ0967 428.08 091510 1009*0812 510 32 2532 PETROLIANCE LLC 8886810 VEHICLE FUEL 09/20/10 0 091510 363.89 510.32.6250 1009 091510 GLJ0967 363.89 091510 10090813 100 33 2532 PETROLIANCE LLC 8886258 VEHICLE MAINTENANCE FLUIDS 09/20/10 0 091510 1,477.10 100.33.6250 1009 091510 GLJ0967 1477.10 091510 10090814 510 31 2532 PETROLIANCE LLC 8890682 VEHICLE FUEL 09/20/10 0 091510 246.71 510.31.6250 1009 091510 GLJ0967 246.71 091510 10090499 100 22 17154 PETTIBONE & CO, P F 20669 EMPLOYEE UNIFORMS 09/20/10 O 091510 99.00 100.22.4510 1009 091510 GLJ0954 99.00 091510 10090500 100 22 17154 PETTIBONE & CO, P F 20406 EMPLOYEE UNIFORMS 09/20/10 0 091510 51.00 100.22.4510 1009 091510 GLJ0954 51.00 091510 10090501 100 22 17154 PETTIBONE & CO, P F 20700 EMPLOYEE UNIFORMS 09/20/10 0 091510 41.80 100.22.4510 1009 091510 GLJ0954 41.80 091510 10090502 100 22 17154 PETTIBONE & CO, P F 20844 SUPPLIES 09/20/10 0 091510 100.00 100.22.6210 1009 091510 GLJ0954 100.00 091510 10090747 210 00 17296 PITNER, KEITH SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090749 210 00 17529 POE, DAVE SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090750 210 00 17540 POLYACK, MICHAEL SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 70.00 210.00.5110 1009 091510 GLJ0960 70.00 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 9/20/10 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 ------------------------------------------------------------------------------------------------------------ 10090751 210 00 17553 POTTS, MIKE SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090774 510 31 19017 RADIOSHACK CORPORATION 252746SUPPLIES 09/20/10 0 091510 14.99 510,31.6110 1009 091510 GLJ0964 14.99 091510 10090503 510 31 19157 REICHE'S PLUMBING SEWER 8/24/10 WATER METER INSTALLATION 09/20/10 0 091510 155.00 510.31.5110 1009 091510 GLJ0954 155.00 091510 10090775 100 45 19155 REINDERS INC 1314386 SUPPLIES 09/20/10 0 091510 48.15 100.45.5370 1009 091510 GLJ0964 48.15 091510 10090776 100 45 19155 REINDERS INC 1312076 VEHICLE REPAIR PARTS 09/20/10 0 091510 1,006.65 100.45.5370 1009 091510 GLJ0964 1006.65 091510 10090777 100 45 19155 REINDERS INC 1312076 VEHICLE REPAIR PARTS 09/20/10 0 091510 62.71 100.45.5370 1009 091510 GLJ0964 62.71 091510 10090504 610 00 19175 REX AUTO BODY 6213 VEHICLE REPAIRS 09/20/10 0 091510 1,000.00 610.00.5980 1009 091510 GLJ0954 1000.00 091510 10090752 210 00 19251 RHODES, DONALD E SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 600.00 210.00.5110 1009 091510 GLJ0960 600.00 091510 10090753 210 00 19290 RIGG, NATHAN SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090505 100 01 19312 RIVERSIDE BAKE SHOP 748037CAKE - JONES/LUMBER RECEPTION 09/20/10 0 091510 75.85 100.01,6940 1009 091510 GLJ0954 75.85 091510 10090506 100 01 19312 RIVERSIDE BAKE SHOP 745990RETIREMENT RECOGNITION 09/20/10 0 091510 70.85 100.01.6940 1009 091510 GLJ0954 70.85 091510 10090507 100 XXXXX 20015 SAM'S CLUB AUG 2010 SUPPLIES 09/20/10 0 091510 172.43 100.01.6110 1009 091510 GLJ0954 99.65 091510 100.44.6110 1009 091510 GLJ0954 72.78 091510 10090754 210 00 20091 SCHLINDER, ANDY SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 70.00 210.00.5110 1009 091510 GLJ0960 70.00 091510 10090778 580 32 20430 SEC GROUP INC 69308 SEWER SYSTEM IMPROVEMENTS 09/20/10 0 091510 10,344.30 580.32.8500 1009 091510 GLJ0964 10344.30 091510 580-SWWTP 10090779 440 00 20430 SEC GROUP INC 6/69354 RT 31/RT120 INTERSECTION 09/20/10 0 091510 12,580.26 440.00.8600 1009 091510 GLJ0964 12580.26 091510 440-RT31/120 10090780 441 00 20430 SEC GROUP INC 69432 2010 ROAD PROGRAM 09/20/10 0 091510 15,780.00 441.00.8600 1009 091510 GLJ0964 15780.00 091510 441-STPROGRAM DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 12 LIST OF BILLS COUNCIL MEETING 9/20/10 ` 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 # LAC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------- 10090815 440 00 20430 SEC GROUP INC 69309 LEGEND LAKES BUILDOUT 09/20/10 0 091510 6,550,00 440.00.5110 1009 091510 GLJ0967 6550.00 091510 440-KIMBALL 10090816 580 32 20430 SEC GROUP INC 69489 SEWER SYSTEM UPGRADE DESIGN 09/20/10 0 091510 19,572.28 580.32.8500 1009 091510 GLJ0967 19572.28 091510 580-CWWSWW 10090781 100 33 20257 SHERWIN INDUSTRIES INC SS038620 SUPPLIES 09/20/10 0 091510 822.50 100.33.6110 1009 091510 GLJ0964 822.50 091510 10090817 100 33 20257 SHERWIN INDUSTRIES INC SS038887 SUPPLIES 09/20/10 0 091510 1,104.50 100.33.6110 1009 091510 GLJ0967 1104.50 091510 10090508 100 22 20311 SIRCHIE FINGER PRINT LAB 559366SUPPLIES 09/20/10 0 091510 344.68 100.22.6110 1009 091510 GLJ0954 344.68 091510 10090509 100 41 1 SMALE, PATTI PARKS PROGRAM REFUND 09/20/10 0 091510 66.00 100.41.3636 1009 091510 GLJ0954 66.00 091510 10090755 210 00 20428 SMARZEWSKI, JOHN SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 670.00 210.00.5110 1009 091510 GLJ0960 670.00 091510 10090510 100 41 1 SMITH, MARY PARKS PROGRAM REFUND 09/20/10 0 091510 116.00 100.41.3636 1009 091510 GLJ0954 116.00 091510 10090782 100 03 20707 STAN'S FINANCIAL SERVICE 11732 LARGE FORMAT COPIER/SCAN LEASE 09/20/10 0 091510 222.00 100.03.5110 11080352 1009 091510 GLJ0964 222.00 091510 222.00 10090511 100 21 20704 STANARD & ASSOCIATES INC 15956 RECRUIT EVALUATIONS 09/20/10 0 091510 790.00 100.21.5110 1009 091510 GLJ0954 790.00 091510 10090783 620 00 20710 STANS OFFICE TECHNOLOGIE 274968INTERNET SERVICES 09/20/10 0 091510 179.00 620.00.5110 1009 091510 GLJ0964 179.00 091510 10090512 100 04 20711 STAPLES ADVANTAGE 8016414519OFFICE SUPPLIES 09/20/10 0 091510 54.99 100.04.6210 1009 091510 GLJ0954 54.99 091510 10090818 100 33 20701 STATE FIRE MARSHAL 5125029898LIFT CERTIFICATE RENEWAL 09/20/10 0 091510 75.00 100.33.6110 1009 091510 GLJ0967 75.00 091510 10090784 100 22 20747 SUNNYSIDE COMPANY 160356VEHICLE REPAIR PARTS 09/20/10 0 091510 99.00 100.22.5370 1009 091510 GLJ0964 99.00 091510 10090513 100 22 20888 SYMBOLARTS 133844BADGE SET 09/20/10 0 091510 85.00 100.22.6110 1009 091510 GLJ0954 85.00 091510 10090514 100 21 21251 THEODORE POLYGRAPH SERV 2610 RECRUIT TESTING 09/20/10 0 091510 135.00 100.21.5110 1009 091510 GLJ0954 135.00 091510 . DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 9/20/10 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 -------------------------------------------------------------------------------------- 10090515 100 33 21256 THOMPSON ELEVATOR INSPEC 10-3076 PW LIFT INSPECTION 09/20/10 O 091510 75.00 100.33.6110 1009 091510 GLJ0954 75.00 091510 10090756 210 00 21292 TIPPS, GREGORY P SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 720.00 210.00.5110 1009 091510 GLJ0960 720.00 091510 10090757 210 00 21526 TOALSON, BILL SUMMER2010CITY BAND CONCERTS 09/20/10 O 091510 310.00 210.00.5110 1009 091510 GLJ0960 310.00 091510 10090516 100 33 21632 TRAFFIC CONTROL & PROTEC 67001 SUPPLIES 09/20/10 0 091510 881.00 100.33.6110 1009 091510 GLJ0954 881.00 091510 10090785 100 33 21632 TRAFFIC CONTROL & PROTEC 67359 STREET SIGNS 09/20/10 0 091510 70.93 100.33.6110 1009 091510 GLJ0964 70.93 091510 10090786 100 33 21632 TRAFFIC CONTROL & PROTEC 67358 STREET SIGNS 09/20/10 0 091510 8.30 100.33.6110 1009 091510 GLJ0964 8.30 091510 10090758 210 00 21646 TRIEFENBACH, GORDON W SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 740.00 210.00.5110 1009 091510 GLJ0960 740.00 091510 10090760 210 00 23026 VAN KANEGAN, TOM SUMMER2010CITY BAND CONCERTS 09/20/10 0 091510 180.00 210.00.5110 1009 091510 GLJ0960 180.00 091510 10090787 510 31 23152 VERIZON WIRELESS 2454833580MOBILE BROADBAND 09/20/10 0 091510 45.13 510.31.5320 1009 091510 GLJ0964 45.13 091510 10090786 620 00 23152 VERIZON WIRELESS 2453408562MOBILE BROADBAND 09/20/10 0 091510 44.02 620.00.5110 1009 091510 GLJ0964 44.02 091510 10090791 510 32 23287 VIKING CHEMICAL COMPANY 206172CHEMICALS 09/20/10 0 091510 1,784.40 510.32.6110 1009 091510 GLJ0964 1784.40 091510 10090792 510 32 24028 WASTE MANAGEMENT OF WI P 2307227427SLUDGE DISPOSAL SERVICES 09/20/10 0 091510 5,595.44 510,32.5580 1009 091510 GLJ0964 5595.44 091510 10090517 510 31 22501 WILLIAMS, TOM CLOTHING ALLOWANCE REIMB 09/20/10 0 091510 57.78 510.31.4510 1009 091510 GLJ0954 57.78 091510 10090518 100 41 1 ZICKUS, BECKY PARKS PROGRAM REFUND 09/20/10 0 091510 10.00 100.41.3636 1009 091510 GLJ0954 10.00 091510 10090819 100 33 27295 ZIMMERMAN, BOB CLOTHING ALLOWANCE REIMB 09/20/10 O 091510 128.04 100.33.4510 1009 091510 GLJ0967 128.04 091510 10090519 100 01 27765 ZUKOWSKI ROGERS FLOOD & 89900 LEGAL FEES - CORP 09/20/10 O 091510 9,459.50 100.01.5230 1009 091510 GLJ0954 9459.50 091510 10090520 100 01 27765 ZUKOWSKI ROGERS FLOOD & 89901 LEGAL FEES - CORP 09/20/10 O 091510 3,562.50 100.01.5230 1009 091510 GLJ0954 3562.50 091510 DATE 9/15/2010 04:00 PM CITY OF MCHENRY PAGE 14 LIST OF BILLS COUNCIL MEETING 9/20/10 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 10090521 740 00 27765 ZUKOWSKI ROGERS FLOOD & 89902 CURTIS/RIVERWALK 09/20/10 0 091510 247.50 740.00.5230 1009 091510 GLJ0954 247.50 091510 10090522 740 00 27765 ZUKOWSKI ROGERS FLOOD & 89903 CLEAR WIRELESS 09/20/10 0 091510 1,595.00 740.00.5230 1009 091510 GLJ0954 1595.00 091510 EXPENDED LIQUID ACCRUAL GRAND TOTALS 280,360.07 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 72,005.79 222.00 210 BAND FUND 13,890.00 440 CAPITAL IMPROVEMENTS FUND 19,130.26 441 LOCAL STREET IMPROVEMENTS FUND 15,780.00 510 WATER/SEWER FUND 126,184.31 580 UTILITY IMPROVEMENTS FUND 29,916.58 610 RISK MANAGEMENT FUND 1,000.00 620 INFORMATION TECHNOLOGY FUND 429.63 740 RETAINED PERSONNEL ESCROW 2,023.50 „*+* 280,360.07 222.00 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: September 20, 2010 Regular City Council Meeting RE: Conditional Use Permit and Variances for the property located at 305 N Front Street Background. The subject property consists of approximately three acres, is vacant and located at 305 N Front Street immediately south of the Fountain Shoppes Shopping Center and north of the Warsaw Inn Restaurant. The applicant, Tommy's Transfer Station, would like to develop the subject property with a retail/restaurant strip building, with a drive-in establishment on the north side of the proposed building immediately west of Front Street, and with a mini warehouse facility in the rear of the property to the west. Commercial zoning surrounds the property on all sides, with the exception of the vacant industrial-zoned land to the west. The applicant is requesting a conditional use permit to allow a mini warehouse/self-storage facility and drive-in establishment in the C-5, Highway Commercial zoning district as well as requesting variances to allow more than one principal building on a zoning lot and a variance from the required lot width along an arterial roadway. Staff Analysis. Drive-in Establishment The applicant is requesting a conditional use permit to allow a mini warehouse facility and drive-in establishment attached to a strip retail building in the C-5 zoning district. It is not uncommon to request a drive-in facility on a strip building. It makes the building more versatile from a use perspective and enhances marketability of the site. The applicant is not looking for a full-scale restaurant or fast food place but simply a coffee shop or similar use. The city has drive-in establishments similar to the configuration proposed on the subject property, in the Diamond Plaza Shopping Center on north Richmond Road (Illinois Route 31) and directly to the west in the Northgate West Shopping Center. The most recent drive-in of this type was approved for the western end of a multi tenant building on east Illinois Route 120 in the Gateway to McHenry Shopping Center. Mini Warehouse Facility The length of the subject property lends itself appropriate for multiple uses on the site. A mini warehouse or self-storage facility is proposed to the rear of the property. It will have controlled access, well lit for security, will not be open 24 hours and the storage units will not be climate controlled. There are units proposed within five separate buildings. The applicant has also contacted the McHenry Township Fire Protection District to ensure adequate turning radii are provided throughout the property. As depicted on the site plan a template of a fire engine's driving pattern is superimposed on the site and demonstrates adequate maneuverability throughout this area. One curb cut is proposed on Front Street (Illinois Route 31) and two interconnections with the Fountain Shoppes. Lot Width The existing lot width of the subject property is 197 feet, however, being located on Illinois Route 31 which is classified as a major arterial the city's zoning ordinance requires a minimum lot width of 200 feet. Staff does not have any concerns with this variance as it is minimal and a preexisting condition. Multiple Buildings on a Zoning Lot The applicant is also requesting a variance to allow multiple buildings on a zoning lot. The zoning ordinance restricts a zoning lot to one principal building. The applicant is proposing six buildings. One of these is a strip retail/restaurant building adjacent to the Route 31 frontage and the other five are mini warehouse buildings proposed to the west of the retail building. Staff does not have any concerns with this request due to the size and length of the property. The subject property is approximately three acres but is also 670 feet long. In staff s opinion it is unrealistic to use this property entirely for retail due to its length and setback from Route 31. In addition, the mini warehouse buildings abut a vacant property to the west which is zoned I-1, Industrial. Both the retail and mini warehouse uses are permitted in the C-5 zoning district, the retail by right and the mini warehouse as a conditional use. Recommendation. The Planning and Zoning Commission recommended approval of a conditional use permit to allow a drive-in establishment and mini warehouse facility in accordance with the attached plans and approval of variances for lot width along an arterial street and to allow multiple buildings (six) on a zoning lot in accordance with the attached plans (6-0). The minutes of that meeting are attached. Staff concurs with this recommendation. Location Map: 305 N Front Street ----------w------------- --'---- ------_---- s ,i 1 ! ❑, '� 11 i 9 v a• + x 9 5 8 i t a t � t� � ,- •n� 1 • r- I J f f �� t 1 N Q N Subject �ropert,. a: -r, t ----- w w __..__.. —.--. • LEE E ____________________________________ uS • 4 � i • YOUNG eu_ , 1 a' i ST.PAUL 31 7 Y $ e ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 305 N FRONT STREET, IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City requesting a Conditional Use Permit for a drive-thru establishment and Variances, for the property legally described on Exhibit"A"attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 19, 2010, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit and Variances; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variances is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow a drive-in establishment and mini warehouse facility in accordance with the attached site and landscape plans and building elevations, collectively(the "SITE PLAN") attached hereto and incorporated herein as Exhibit B. SECTION 2: That the SUBJECT PROEPRTY is hereby granted variances for lot width along an arterial street and to allow multiple buildings (six) on a zoning lot in accordance with the attached SITE PLAN. SECTION 3: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: l. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees,patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2010 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2010 MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY Public Hearing: Tommy's Transfer Station LLC File No. Z-756 305 N Front Street Conditional Use Permit and Variances Interim Chairman Schepler called the Public Hearing to order at 7:33 p.m. regarding File No Z-756, an application for the following as submitted by Attorney Michael C Poper on behalf of Tommy's Transfer Station for the property located at 305 North Front Street: Conditional Use Permit to allow a mini warehouse facility and drive-in establishment on the subject premises; Variance to allow more than one building on a zoning lot; Variance to allow less than 200' lot width along an arterial roadway. Interim Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 2, 2010. Notices were mailed to all abutting property owners of record and the property was posted as required by ordinance. A Certificate of Publication and Affidavit of compliance with notice requirements are on file in the City Clerk's Office. In attendance were Attorney Michael Poper, Property Owner Tom Greco, Architect Steve Barnes, Engineer John Tierney, and the Landscape Architect representing the applicant, who were sworn in by Interim Chairman Schepler. Attorney Poper provided a summary of the request before the Commission at this Hearing. He noted as the subject property abuts an arterial roadway, a minimum lot width of 200 feet is required by the Zoning Ordinance. The subject property is 197 feet wide and requires a variance to permit a building to be constructed on it. The subject property is approximately 3 acres in area. As the parcel is narrow and very deep, the applicant is seeking a variance to allow more than one principal building on the lot. The front portion would feature a retail strip center, similar to that found on the adjacent Fountains Shoppes Center. The applicant intends to use the rear portion of the property to house a self-storage business. The office for the self-storage business would be located in the southwest corner of the strip center. The self-storage business would be comprised of five mini-warehouse storage buildings which requires a variance to allow more than one principal building on a zoning lot. Attorney Poper noted the subject property is zoned C-5 Highway Commercial District. The mini-warehouse storage facility requires a conditional use in the C-5 District. Additionally, the applicant is seeking a conditional use to allow a drive-up facility in the retail center portion of the development. Attorney Poper stated the applicant is seeking no variances with regard to the City's landscaping or lighting requirements. He noted the mini-warehouse storage facility would likely be open from dawn until dusk and would be accessed users via a key code entry. For security purposes a camera system would be used and would be sensitive to motion detectors. Mr. Greco noted he intends to have the retail center complement the architectural features of the Fountains Shoppes. The building would be setback in a line with the Fountain Shoppes and would appear to be an extension of the existing shopping center. Mr. Greco stated he believes the development of his property would increase the value of the adjacent commercial developments. He intends to match the light standards used by the Fountains Shoppes in order to blend the two developments. Deputy City Administrator Martin provided the Commission with the Staff Report regarding the request. He noted the zoning on the property is appropriate for the proposed uses. The request for conditional use permit would allow the proposed mini-warehouse storage facility and a drive-up establishment on the retail portion of the project. As stated by Mr. Poper, variances would be required to allow the proposed six principal buildings on one zoning lot and a reduced lot width for a parcel adjacent to an arterial roadway. Deputy City Administrator Martin stated the drive-up facility would not be a full- service restaurant but would more likely be something similar to a small Dunkin' donuts or Starbucks. Staff has expressed concern regarding the proposed turning radius around the northern end of the building,particularly with regard to the drive-up window. The McHenry Township Fire Protection District will review the building plans and will approve the proposed turning radii on the site plan. Deputy City Administrator Martin noted that due to the extreme depth of the property, the parcel is not conducive to development of the entire piece as retail. Staff supports the proposed mini-warehouse storage facility on the rear portion of the property. He stated a single curb cut on Front Street is being proposed and the development could possibly interconnect to the Fountain Shoppes Center. He suggested if this is the case the City would like request a cross-access easement agreement be executed between the two parties. Deputy City Administrator Martin stated the applicant intends to utilize the property to its fullest potential, noting it is 670 feet in depth. Consequently, it would not be beneficial to develop the entire site as retail. The property immediately to the west of the subject property is currently zoned I1 Industrial. Therefore the proposed mini-warehouse storage facility appears to be a good fit. Staff has reviewed the application and supports the requested action as requested. Interim Chairman Schepler invited comments and questions from members of the Commission. In response to an inquiry, Mr. Barnes stated there would be security fencing in place around the perimeter of the mini-warehouse storage facility. He noted architectural block would be utilized to construct security fencing along the rear(western) edge of the mini- warehouse storage facility. It would be approximately six feet high. Additionally, motion sensors and cameras would also be utilized to further assist in site security. Responding to a question, Attorney Poper stated police and fire would have emergency access to the storage facility area. Concern was expressed regarding potential flooding of adjacent vacant property to the west of the site. Mr. Tierney responded the flow of surface water runoff would be compliant with the McHenry County Stormwater Protection Ordinance which is enforced by the City. In response to an inquiry as to why the applicant is choosing to move forward with developing the property at this down during a difficult economy, Mr. Greco responded that is precisely when he has chosen to develop the property at this time. Development costs are extremely favorable due to the state of the economy. He noted he has owned the property for twelve years and has now decided to develop it as presented. Mr. Poper stated the applicant could rent to one or several retail business owners. There would be 8,000 square feet of inline retail space available. The mini-warehouse storage facility office would use approximately 600-800 square feet of the retail space. Commissioners noted the proposed project is a good use for the property. Some discussion occurred regarding the proposed parking and onsite traffic pattern. Deputy City Administrator Martin stated the site plan would be reviewed when the project is submitted for building permit approval. At that time, the Fire District would also review the site plan logistically for maneuverability of emergency equipment on the premises. It was also noted at this time there may be a visibility issue of vehicles going south around the retail building following use of the drive-up window. Concern was expressed that vehicles entering into the in/out lanes along the south property line might not have clear line of sight. Deputy City Administrator Martin noted this matter would be addressed prior to site plan approval by Staff. He noted it was possible Staff could require that all those exiting the drive-up facility be directed to leave the facility by driving to the north via the cross access easement with the Fountain Shoppes. Additionally, an internal "yield" sign could be posted at the south terminus of the retail building as it joins with the in/out lanes for the property from Route 31. Mr. Tierney stated in response to an inquiry that the proposed on site detention appears for be adequate for the project. He further noted the applicant would be required to comply with the McHenry County Stormwater Protection Ordinance. The entire site would drain to the west, as that is the direction of current surface water flow. Brief discussion occurred regarding the proposed landscape plan. It was suggested that all trees be planted so as to not eventually becoming a hindrance to electricity provider(s). It was noted that it is undesirable to have trees planted in a development only to have them unnaturally pruned several years later to accommodate one or more of the utilities. , Interim Chairman Schepler opened the floor to questions and comments from the . audience. The following were sworn in by Interim Chairman Schepler prior to addressing the Commission. Myrna Smith, 3907 W High Street: Ms. Smith stated the City needs more grassy land and open spaces. She opined the subject property should remain vacant and undeveloped. She expressed concern that there are many vacant commercial buildings in town and that these buildings could be used for this project. She urged the City to leave the grassy land in its natural state. She further stated that traffic in the area will greatly increase if this proposed project is constructed. She stated this project is a bad idea and cited the following reasons: The buildings could end up vacant once it is built as so many others are in town; The applicant should consider developing the vacant building/land north of the Library; She does not want this project to be constructed across the street from her house; She stressed the City should"take care of the garbage"before constructing any new land developments. Tony Cannon, 1245 Club Road, Woodstock, IL: In response to Mr. Cannon's inquiry regarding the proposed curb cut for the project, he was advised the project's curb cut would not affect that of the Fountain Shoppes, Mr. Cannon's property. Mr. Cannon acknowledged he is in favor of retail development in the area but expressed some concern regarding access to Route 31 due to traffic congestion. He opined a cross-access easement agreement should help both properties obtain access to Route 31. Mr. Cannon stated they raised their building 3' off of the base to accommodate the surface water runoff flow from the building. Mr. Barnes stated the development of the subject property should in fact assist with drainage from Mr. Cannon's property. In response to Mr. Cannon's inquiry, Deputy City Administrator Martin stated sidewalks would be required in the development. Ed Buss, Buss Ford, I I I South Route 31: Mr. Buss asked if the project was being constructed all at one time or in phases. Mr. Greco responded all parts of the project would be constructed simultaneously. Mr. Buss expressed concern that the mini-warehouse storage facility would be built and the retail portion would remain unconstructed. Mr. Greco reiterated it would be built as one entire project. Deputy City Administrator Martin noted Staff would recommend approval in accordance with the site plan presented. The site plan would include all buildings in the project. Mr. Buss again expressed concern that the City would approve the project and then the developer would construct the mini-warehouse storage facilities but decide to hold off on building the retail center due to the economy. Mr. Cannon inquired if there would be a marquee sign. Mr. Greco responded the free- standing sign would be similar to that of the Fountain Shoppes. Mr. Poper stated the applicant would meet all requirements of the sign ordinance. No variances would be sought. In response to an inquiry, Mr. Greco stated there would be no outside storage associated with the storage facility. All storage would be contained within the buildings. There being no further inquiries from the audience, Interim Chairman Schepler closed the public input portion of the Hearing at 8:15 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-756, an application for the following as submitted by Tommy's Transfer Station LLC for the property located at 305 North Front Street: Conditional Use Permit to allow a mini warehouse facility and drive-in establishment on the subject premises; Be approved subject to the project being developed in substantial conformance with the plans submitted with the application and prepared by Steve Barnes revised 7/28/2010; and that Table 31, the Approval Criteria for Conditional Use Permits,pages 357-358 of the Zoning Ordinance ,has been met Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Comments by Commissioners: Nadeau: Stated he had reservations regarding the project,particularly during these tough economic times. He worried there might be an empty retail building for awhile. Schepler: He likes the project and noted it is well-designed. He wished the applicant well. Buhrman: Referencing the comment by Ms. Smith, he noted Mr. Greco has owned the subject property for twelve years and has no interest in the vacant buildings located north of the Mchenry Library. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-756, an application for the following as submitted by Tommy's Transfer Station LLC for the property located at 305 North Front Street: Variance to allow a 197 foot lot width on a lot abutting an arterial street; Variance to allow six principle buildings on a zoning lot; Be approved subject to the project being developed in substantial conformance with the plans submitted with the application and prepared by Steve Barnes revised 7/28/2010; and that Table 32, the Approval Criteria for Variances,pages 377-378 of the Zoning Ordinance ,has been met Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Interim Chairman Schepler closed the Public Hearing regarding File No. Z-756 at 8:23 p.m. File Number Z756 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street❑McHenry,IL 60050❑Tel: (815)363-2170❑Fax: (815)363-2173 1. Name of Applicant Thomas N. Grieco,Manager Tel 630-443-6085 Address c/o Michael C. Poper, 130 Cass St., Woodstock IL 60098 Fax 630-443-6286 2. Name of Property Owner Tommy's Transfer Station,LLC Tel 630-443-6085 (If other than Applicant) Address 5N648 Courcival,Wayne, Illinois 60184 Fax 630-443-6286 3. Name of Engineer: John Ambrose,Baxter&Woodman Engineering_ Tel 815-459-1260 (If represented) Address: 8678 Ridgefield Road, Crystal Lake, IL 60012 Fax 815-455-0450 4. Name of Attorney Michael C. Poper Tel 815-334-8294 (If represented) Address 130 Cass Street, Woodstock, Illinois 60098 Fax 815-334-8295 5. Common Address of Location of Property 305 N. Front Street,McHenry, Illinois 60050 6. Requested Action(s)(check all that apply) Zoning Map Amendment(Rezoning) Zoning Variance—Minor X Conditional Use Permit Zoning Text Amendment X Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The Proposed Plan is for Retail/Office Building facing Front Street (State Route 31) with approximately 230 Mini Storage units with access through secure gates on private driveways which will be shielded from sight from Front Street by the Retail/Office Building_ Page 1 of 3 7. Current Use of Property Vacant 8. Current Zoning Classification of Property,Including Variances or Conditional Uses C-5 Commercial District 9. Current Zoning Classification and Land Use of Adjoining Properties_ North: C-5 South: C-5 East: RS-3 West: I-1 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee(amount) $ 950.00 2. Narrative Description of Request X 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application 5. FORM C—Conditional Use Application X 6. FORM D—Zoning Variance Application _ 7. FORM E—Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice X 12. Sign(Provided by the City,to be posted by the Applicant) X 13. Site Plan X 14 Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not he owner of record of the subject property, the applications shall disclose the legal capacity of the Applicant and the full name, and telephone number of the owner(s). In addition, an affidavit of the owner(s) shall be filed with the application stating that the Applicant has the authority from the owner(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a Land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicant(s) _ - C-- Page 3 of 3 File Number Z756 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street❑McHenry,IL 60050 ❑Tel: (815)363-2170 ❑Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written fmdings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic The proposed use will not cause any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance The proposed use will not cause any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Page 1 of 1 File Number Z756 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 ❑Tel: (815)363-2170 o Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your quest. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Page 1 of 2 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality,property values, or public safety or welfare in the vicinity. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City as viewed in light of any changes conditions since their adoption. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Page 2 of 2 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: September 20, 2010 Regular City Council Meeting RE: Regulations for Recreational Vehicles and Trailers Background. Based on difficulties experienced by the Construction and Neighborhood Services Department with enforcing the current regulations, staff has reevaluated the definition and regulations for the placement and storage of recreational vehicles in residential areas. Definition of Recreational Vehicle and Trailer Below are the current definitions for both recreation vehicle and trailer and attached to this supplement are the regulations associated with each. p. 501 of the zoning ordinance Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters in conjunction with recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes, or any other vehicle with state R.V., R.T., or T.A. license plates (existing definition). p. 511 of the zoning ordinance Trailer: Any portable structure or vehicle designed for highway travel and used on a short-term or interim basis for living, sleeping, or commercial purposes (existing definition). Included in both the definition of recreation vehicles and trailers is reference to each having a use as living quarters, recreational vehicles on a "temporary" basis and trailers for a "short-term or interim basis." This significantly limits the scope for what is defined as both a recreational vehicle and trailer. For example, recreational vehicles would not include jet skis, wave runners, ATVs, boats without temporary living quarters, and other type of vehicles commonly deemed recreational. The existing definitions have posed a problem and have become difficult to enforce. Below are staff s proposed revised definition for recreational vehicle and trailer: Recreational Vehicle: Any vehicle or boat designed or used primarily for recreational purposes and not used as a commercial vehicle, including but not limited to the following: boat/watercraft-motorized or non-motorized, camper trailer, all terrain vehicle (ATV), motorized trailer, off-the-road vehicle, racing car or cycle, recreational vehicle trailer, truck camper or snowmobile (proposed definition). Trailer: A portable structure supported by one or more wheels without its own motive power which is towed or hauled and designed or used for carrying or transporting motorcycles, recreational vehicles as defined herein or other cargo and that is eligible to be licensed or registered and insured for highway use. This definition does not include flat-bed trucks, dump trucks or stake-bed trucks (proposed definition). Regulations for Recreational Vehicles and Trailers Current regulations allow one recreational vehicle per dwelling unit. In addition, the regulations provide a hierarchy of choices indicating how a recreational vehicle may be stored. Code officers for the city have been having a difficult time enforcing these standards because of the options provided. For example, someone may call in and state their neighbor has a recreational vehicle on the driveway and says this is illegal because the zoning ordinance states if there is a garage on-site the recreational vehicle must be stored in the garage. The person with the recreational vehicle can state that while they do have a garage it is unavailable because they store their car or other items in it which makes it impossible to put the recreational vehicle inside. As a result of difficulties in interpreting the provisions in the zoning ordinance staff has tried to write alternative language that is clearer than the existing language. In addition, to these definitions staff is proposing the following revised regulations for recreational vehicles and trailers. • Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; • Trailers and Recreational Vehicles must be properly licensed; • Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon but in no case shall the parking surface be less than 9'X 18', said parking surface shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface which may consist of brick, asphalt, concrete or paver brick. It is important to note some subdivisions do have more restrictive covenants than what is permitted by the zoning ordinance and may require recreational vehicles to be stored in a garage. This is regulated by the individual homeowner's association not the zoning ordinance. Amortization Staff believes a one-year amortization time frame, from the date of passage of this ordinance by the City Council, whereby residents who do not meet the new regulations can come into compliance is appropriate. During this one-year time frame staff will educate residents on the newly adopted regulations. Community Development Committee. At the January 26 Community Development Committee meeting (minutes attached) the Committee considered amendments to the current recreational vehicle and trailer regulations. The majority of the discussion with regards to recreational vehicles was related to limiting the size, number, and placement of the vehicles on a lot. The Committee recommended approval (2-1) of staff s proposed amendments. Planning and Zoning Commission. The Planning and Zoning Commission considered the amendments to the zoning ordinance with regards to recreational vehicles and trailers at two meetings and requested further clarification from the city attorney only on commercial vehicles; however, the Planning and Zoning Commission did not vote on either of the proposed amendments to the commercial or recreational vehicle and trailer regulations until the second meeting (both sets of minutes attached). The majority of the discussion at the Planning and Zoning Commission meeting on this issue centered on the size, location, and time when recreational vehicles should be allowed to be parked on a residential driveway. The Planning and Zoning Commission vote on this issue was 3-3; therefore, no official recommendation from this body is being forwarded to the city council. Staff Recommendation. Approval of the attached ordinance amending Chapters VII and XIX of the City of McHenry zoning ordinance with regards to recreational vehicles and trailers, including a one-year amortization period from the date of passage of this ordinance, as presented. ORDINANCE NO. AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE REGARDING THE REGULATION OF PARKING OF RECREATIONAL VEHICLES AND TRAILERS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance regarding the regulation of parking of recreational vehicles and trailers; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 17, 2010 and continued to July 8, 2010 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter VII Off-Street Parking and Loading, Section B. Off- Street Parking Provisions, Sub-section (8A.) Parking of Recreational Vehicles is hereby amended by deleting the entire section and replacing it with the following language: "8. Parking of Recreational Vehicles and Trailers A. In Residential Districts • Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; • Trailers and recreational vehicles must be properly licensed; • Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon but in no case shall the parking surface be less than 9' X 18', said parking surface shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface which may consist of brick, asphalt, concrete or paver brick". SECTION 2: That Chapter XIX Definitions is hereby amended by deleting the following definitions: "RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters in conjunction with recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes, or any other vehicle with state R.V., R.T., or T.A. license plates. TRAILER: Any portable structure or vehicle designed for highway travel and used on a short-term or interim basis for living, sleeping, or commercial purposes. And replacing them with the following: RECREATIONAL VEHICLE: Any vehicle or boat designed or used primarily for recreational purposes and not used as a commercial vehicle, including but not limited to the following: boat/watercraft-motorized or non-motorized, camper trailer, all terrain vehicle (ATV), motorized trailer, off-the-road vehicle, racing car or cycle, recreational vehicle trailer, truck camper or snowmobile. TRAILER: A portable structure supported by one or more wheels without its own motive power which is towed or hauled and designed or used for carrying or transporting motorcycles, recreational vehicles as defined herein or other cargo and that is eligible to be licensed or registered and insured for highway use. This definition does not include flat-bed trucks, dump trucks or stake-bed trucks". SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2010 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 22010 MAYOR ATTEST: CITY CLERK ORDINANCE NO. AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORDINANCE REGARDING THE REGULATION OF PARKING OF RECREATIONAL VEHICLES AND TRAILERS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance regarding the regulation of parking of recreational vehicles and trailers; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 17, 2010 and continued to July 8, 2010 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter VII Off-Street Parking and Loading, Section B. Off- Street Parking Provisions, Sub-section (8A.) Parking of Recreational Vehicles is hereby amended by deleting the entire section and replacing it with the following language: "8. ParkinE of Recreational Vehicles and Trailers A. In Residential Districts • Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; • Trailers and recreational vehicles must be properly licensed; • Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon but in no case shall the parking surface be less than 9' X 18', said parking surface shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface which may consist of brick, asphalt, concrete or paver brick". SECTION 2: That Chapter XIX Definitions is hereby amended by deleting the following definitions: "RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters in conjunction with recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes, or any other vehicle with state R.V., R.T., or T.A. license plates. TRAILER: Any portable structure or vehicle designed for highway travel and used on a short-term or interim basis for living, sleeping, or commercial purposes. And replacing them with the following: RECREATIONAL VEHICLE: Any vehicle or boat designed or used primarily for recreational purposes and not used as a commercial vehicle, including but not limited to the following: boat/watercraft-motorized or non-motorized, camper trailer, all terrain vehicle (ATV), motorized trailer, off-the-road vehicle, racing car or cycle, recreational vehicle trailer, truck camper or snowmobile. TRAILER: A portable structure supported by one or more wheels without its own motive power which is towed or hauled and designed or used for carrying or transporting motorcycles, recreational vehicles as defined herein or other cargo and that is eligible to be licensed or registered and insured for highway use. This definition does not include flat-bed trucks, dump trucks or stake-bed trucks". SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2010 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2010 MAYOR ATTEST: CITY CLERK No off-street parking for any non-single-family residential use is permitted within any required yard abutting property in an RS District. No parking for any non-residential use is permitted within any required yard abutting property in any Residential District. . 8. PARKING OF RECREATIONAL VEHICLES A In Residential Districts A single recreational vehicle as defined herein per dwelling unit may be parked or stored in a Residential District provided that: 1. it is at no time occupied for living or sleeping purposes except as may be allowed by the City Council on a temporary basis 2. it is not connected to natural gas,water, or sanitary sewer service 3.it is stored in its collapsed position if it is a vehicle ofthe collapsible type not stored in a garage 4. it is parked or stored in a location determined by the following: a. The vehicle shall be parked in a garage, carport, or covered parking space, where one is available on the premises large enough to'accommodate the vehicle b. otherwise, the vehicle shall be parked in the driveway to the rear of the actual building line of the principal building that is opposite the street to which the driveway has access where this is possible to do . c.otherwise,the vehicle shall be parked in the driveway ahead of said building line but not encroaching upon any public sidewalk d. otherwise, where the dwelling unit does not have its own driveway, the vehicle shall be parked in an open off-street parking space. B.In Other Districts There shall be no restrictions on parking of recreational vehicles in non-residential districts, other than those concerning outdoor storage. -169- C ty,- did not n land marking th homes or business could still do so. The historic area would not be limited to only resi buildings nor only to Main Street and Waukegan Road. The display of signage in the neighborho would assume the historic identity in a non-aggressive manner. Mr. Rosenberg state t he learned a great deal regarding the difference between an Historic District and an Historic Ne borhood. Responding to Alderman Santi's in ' ing regarding funding and grants that might be available, Deputy City Administrator Martin state at funding is available from the state provided that a certain amount of improvements are done. dditionally, he noted that a tax credit is available for commercial properties. Alderman Glab voiced concerns that there are no regu ' ns or guidelines in place to retail the aesthetics of a neighborhood. He opined that regulate regarding plaquing need to be mandatory. Deputy City Administrator Martin suggested amen g or expanding the Teardown Ordinance to address Alderman Glab's concerns. Alternatively, uggested a zoning overlay district could be established to regulate the historic neighborhoods. Following a brief discussion Chairman Alderman Condon directed Staff to r ''ew the tear down ordinance as it applies to historic neighborhoods. It was the consensus of Committee to move forward with the establishment of historic neighborhoods. --�. Discussion on Recreational Vehicle and Trailer Regulations Chairman Alderman Condon introduced Mr. John Weltzien. She explained that Mr. Weltzien had contacted her regarding issues he has with some of the residents in his neighborhood who own recreational vehicles. Deputy City Administrator Martin stated that Staff has had, and continues to have, difficulty in the enforcement of the ordinance regarding recreational vehicles and trailers. Mr. Weltzien addressed the Committee stating that during summer months owners of two of the homes in his neighborhood, the Trails of Winding Creels,have been in violation of the ordinance. One homeowner has a camper parked in the driveway all of the time and the other is running a business out of his home/garage and has built shelving in the garage to accommodate the product he/she sells. Consequently, none of his vehicles, his utility trailer, or boat, can be parked in the structure, and therefore; are creating an eyesore in the neighborhood. Mr. Weltzien suggested an amendment to the zoning ordinance which would address how the residents want their neighborhood to look. He also requested assistance from City Staff to facilitate clearing up the situation across the street from his residence. Deputy City Administrator Martin informed the Committee that Staff has been re-evaluating the definition and regulations for placement and storage of recreational vehicles, based on the difficulties experienced by the Construction and Neighborhood Services Department personnel in enforcing the current regulations. He noted that the current definition of what constitutes a recreational vehicle is "A vehicular type unit primarily designed as temporary living quarters ...". This presents the first point of conflict defining a recreational vehicle and significantly limits the scope of what constitutes a recreational vehicle and would not include: • Jet skis; • Wave runners; • ATV's; • Boats without temporary living quarters, etc. Deputy City Administrator Martin proposed the following revised definition for recreational velvcles: "Recreational Vehicle: Any vehicle or boat designed or used primarily for recreational purposes and not used as a commercial vehicle, including but not limited to the following: boat/watercraft-motorized or non-motorized, camper trailer, all terrain vehicle (ATV), motorized trailer, off-the-road vehicle, racing car or cycle, recreational vehicle trailer, trick camper or snowmobile." He noted that in the current zoning ordinance recreational vehicles and trailers are one in the same. The existing definition for trailer has also posed a problem and has become difficult to enforce. Staff is suggesting revising the definition for trailer as follows: "Trailer: A portable structure supported by one or more wheels without its own motive power which is towed or hauled and designed or used for carrying or transporting motorcycles, recreational vehicles as defined herein or other cargo and that is eligible to be licensed or registered and insured for highway use. This definition does not include flat-bed trucks, dump trucks or stake-bed trucks." Deputy City Administrator Martin stated that the current -regulations limit one recreational vehicle per dwelling unit. In addition, the regulations provide a hierarchy of choices regarding how a recreational vehicle can be stored. Code officers for the City have been having a difficult time enforcing these standards due to the options provided. For example, someone may call in and state that their neighbor has a recreational vehicle on the driveway and say this is illegal because the zoning ordinance states that if there is a garage on site the recreational vehicle must be stored in the garage. The person with the recreational vehicle can state.that while they do have a garage it is unavailable because they store their car or other items in the garage, which make it impossible to store the recreational vehicle inside. Deputy City Administrator Martin noted that some subdivisions have more restrictive covenants than what is permitted by the zoning ordinance, which may require that recreational vehicles are stored in a garage. This is regulated by the covenants and not the zoning ordinance. As a result of the difficulties in interpreting the provisions in the zoning ordinance, Staff has attempted to come up with alternative language that may be clearer than the existing language. In addition to the definitions, Staff is proposing the following revised regulations for recreational vehicles and trailers: • Only one recreational vehicle or trailer shall be permitted in the required front yard or required confer side yard as defined herein; • Trailers must be properly licensed; • Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an appropriate solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon but in no case shall the parking surface be Iess than 9' x 18', said parking surface shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface which may consist of brick, asphalt, concrete of paver brick. Staff is proposing that these provisions replace the existing location provisions. Deputy City Administrator Martin informed the Committee that in the near future Staff would like to bring forward regulations for commercial vehicles, which are closely related to recreational vehicles. Alderman Glab stated he was in favor of only one recreational vehicle per property site and opined that the size of the vehicle should be regulated. He stated that he believes that an ordinance of this magnitude should not be effectuated this quickly and with spring nearly upon us this issue should have been discussed last year. Chairman Alderman Condon announced that she supports everything Staff has put together and stated it is a good start. She noted that McHenry is a recreational community, but agrees that only one recreational vehicle should be permitted in the front of a parcel of property. Addressing an inquiry from Aldennan Santi, Deputy City Administrator Martin stated an amortization period would be extended to individuals following approval of the ordinance. Aldennan Santi, responding to Alderman Glab's statement regarding wanting the ordinance done right, stated that it is imperative to create an ordinance that people can live with now. Alderman Sand stated that he is pleased to see recreational vehicle regulations tightened up as he believes Staff will be better able to enforce the proposed regulations. Staff suggested, following the process of approving the revised ordinance, a fair amount of time for amortization would be the beginning of fall 2010. Responding.to an inquiry from the Committee, Deputy City Administrator Martin stated that the proposed ordinance would go to Council. From Council it would proceed to the Planning & Zoning Commission for a public hearing and then return to Council for approval. Mr. Weltzien indicated he would like something in the ordinance that clearly states if the recreational vehicle fits in a garage it has to be stored in the garage. Deputy City Administrator Martin noted he would have to check with the City Attorney regarding such a mandate. Alderman Glab stated he would not support an ordinance that imposed enforcement of a necessity that a recreational vehicle would have to fit in a garage. Staff suggested that both the recreational vehicle and trailer regulations, together with the commercial vehicle regulations, proposed to be discussed at the next Community Development Committee meeting, be brought to Council concurrently. Motion by Santi, seconded by Condon, to direct Staff to proceed forward with the revision to the regulations regarding recreational vehicles and trailers. Aye: Condon, Santi. Nay: Glab. Absent: None. Motion carried. Revised De y i is ra or Martin informed the Committee that, following the last Community Deve ent Committee meeting in which goals for 2010 were suggested, the following revisions d additions have been made to the goals for 2010: • Prov Feedback on Development Proposals, as needed(Ongoing) • Discuss de Compliance Activities and Processes (October-November) • Zoiung- .ous Text Amendments (April-May) • Discussion Re ding Rental Properties (January-February) • Establish Criteria r Drive-Thru Facilities (July-August) • Review Recreation .cle Definition/Ordinance (January/February) • Review Administrative judication Ordinance • Historic District Update/C ified Local Government • Discussion on Main Street Re 'talization • Ordinance on Residential Anim rocessing • Discussion on Residential Electric -vice Line Location o Power line should be run fro ie side of the property rather than straight across the property. • Discussion on Incentives for Small/Mediu ized Businesses o Possibility of incentive programs for b inesses located in the City. • Discussion on Residential Setbacks for Garages o Setbacks for garage doors to eliminate e problem of recreational vehicles extending onto the sidewalk. • Downtown Parking Alderman Santi opined that the goals for 2010 appear to be aggr ive. Chairman Alderman Condon opined that, while the Comnuttee may not have the opport .ity to address all of the topics, many of those outlined need to be addressed. The question was posed regarding whether the downtown parking issue sho d be addressed by the Community Development Committee or the Public Works Committee. A ennen Glab and Santi concurred that the Community Development Conunittee should address col ems regarding downtown parking. Other Business Chairman Alderman Condon announced that Deputy City Administrator Martin will be unavailable to attend the scheduled meeting of the Community Development Committee n May 25, 2010 and suggested the meeting be rescheduled to May 18, 2010. Deputy City Administrator Martin informed the Committee that Staff is attempting to put together a business retention event. Planning and Zoning Commission 6117 7 I� X49 June 17,2010 / rPage 2 P 4-Z-- .. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter- 4e noted the-em.,enrizsruen is non-conformmg an in order for the applic ' construct his desired addition, he would require a one-foot variance. Staff has re d the request and supports the minor variance as submitted. Chairman Howell invited questions and comments from the Commission. Responding to an inquiry, Mr. Golnick stated the size of the addition is ap oximately 19'8" by 40'. The addition would include two rooms and a hallway. He noted the would be a patio door out of the smaller room. Question was raised as to the possibility of hitting an aband ed well or septic during the construction of the addition. Deputy City Administrator M in stated all construction issues would be addressed during the permit review and inspectio rocesses. When asked about the status of the soil on the pre ses, Mr. Golnik stated he had soil tests completed, but he has not yet received the report. this time he is unsure if the addition would be constructed on a slab, or if he would be requ' d to use caissons or piers. He will know more when he has received the soils report. Mr. Golnik stated he would be the gener contractor for the project. Chairman Howell noted there was one in the audience wishing to comment on this matter. Motion by Nadeau, seconded Buhrman, to recommend to City Council, with regard to File No. Z-755, an application fo minor variance to approve a 5' interior side yard setback to allow the construction of a bull ' g addition as requested by Jason and Amy Golnick for their property located at 3317 West V 'ce Avenue, as presented, and that Table 32, the Approval Criteria for Variances,pages 377 78 of the Zoning Ordinance, as been met. Voting Aye: uhrman,Ekstrom, Howell,Nadeau, Thacker. Voting Nay: None. Not Voti None. Abstai g: None. Abse : Morck, Schepler. Motion carried 5-0. Chairman Howell closed the Public Hearing regarding File No. Z-754 at 7:44 p.m. Public Hearing: City of McHenry File No. Z-755 Text Amendment --16b. Chairman Howell called the Public Hearing to order at 7:45 p.m. regarding File No. Z-755, an application for a text amendment to amend the ordinance as it relates to the parking of recreational and commercial vehicles in the residential districts. Planning and Zoning Commission June 17,2010 Page 3 Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on May 29, 2010. A Certificate of Publication is on file in the City Clerk's Office. Deputy City Administrator Martin stated Staff has experienced great difficulty in attempting to enforce the City's current regulations regarding the parking of recreational and commercial vehicles. To that end the matter was presented to the Community Development Committee for discussion and direction. The result is that the Committee has developed more concise definitions as they relate to these two categories of vehicles, and clearer regulations governing the parking of the vehicles in the residential districts. Recreational Vehicles Deputy City Administrator Martin stated the recommendation was to amend the definition to more accurately reflect what is meant by a recreational vehicle. Additionally, the definition of trailer is being amended to more clearly identify all of the potential uses for trailers. The definition also includes specific exclusions in order to avoid confusion. Deputy City Administrator Martin noted the following changes are also being proposed to the regulations governing recreational vehicles: 1. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; 2. Trailers must be property licensed; 3. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface: a. Which shall be no less than the minimum dimensions of the vehicle or trailer being parked thereon,but in no case shall the parking surface be less than 9' by 18% b. Which shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface; c. Which may consist of brick, asphalt, concrete or paver brick. Deputy City Administrator Martin noted the new definitions and regulations should assist in determining how to enforce parking requirements and guidelines. These definitions and regulations would replace those currently existing in the Off-Street Parking chapter of the Zoning Ordinance. Commercial Vehicles Deputy City Administrator Martin stated the Committee also looked at the parking of commercial vehicles in the residential districts. The Committee recommended simplifying the definition for ease of enforcement. It was noted that many residents have jobs where they are permitted to bring their work vehicles home. Under the current regulations no commercial vehicles can be parked outside in a residential district overnight. Staff concurs with the revised definition and would change the "In Business Districts" regulations to "Non-Residential Districts" thereby creating regulations for in the residential districts and the non-residential districts. Planning and Zoning Commission June 17,2010 Page 4 Deputy City Administrator Martin presented the following regulations for commercial vehicles in residential districts: 1. No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district; a. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; b. The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks,boom trucks, earth-moving equipment, tow trucks, step-vans, semi tractor trailers with or without a trailer, and any vehicle in excess of 10,000 pounds in weight; 2. Two commercial vehicles, as defined herein, that do not exceed 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the Zoning Ordinance. Deputy City Administrator Martin noted, currently, any vehicle which has a D or above registration with the state is prohibited from parking in the residential district. Staff believes making the proposed changes would provide a more practical approach to regulating parking of recreational and commercial vehicles in the residential districts as opposed to the current license/registration-driven requirements. Chairman Howell invited questions and comments from the commissioners. It was noted that there are many vans and trucks which exceed the 10,000 pound maximum requirement. Chairman Howell stated it appears the proposed changes make it easier to park a commercial vehicle in the residential neighborhoods. He opined that the residential neighborhoods which are zoned RS3 and greater in area (RS2, RS1, E) should not be allowed to have commercial vehicles parked on them. He stated he would not support making it easier to have commercial vehicles being parked in the residential neighborhoods. He noted a home in his neighborhood has a small commercial bus which they use for transporting their large family. He does not believe this is appropriate. He further stated a vehicle which is designed for commercial use should not be allowed to be parked or stored in the residential district. Ekstrom concurred with Howell. She stated her preference to limit the number of commercial vehicles to one on a site rather than two. She further stated she would prefer that the vehicles be smaller in size. The proposed large size of admissible commercial vehicles should be reduced. Chairman Howell also stated that passenger vehicles with commercial graphics should also be banned from the residential district. He stated he concurs with the proposed changes to the recreational vehicle definitions and regulations. Ekstrom inquired if formerly the recreational vehicles could be parked in front of the house. Deputy City Administrator explained there currently exists a hierarchy of permissible parking for recreational vehicles in the residential district (i.e. first it should be stored in the garage, if large Planning and Zoning Commission June 17,2010 Page 5 enough; otherwise it shall be parking in the driveway to the rear of the building line; otherwise it shall be parked in the driveway ahead of the building line; otherwise in an open off-street parking space). Thacker stated recreational vehicles are not typically stored in a garage. He noted he has a panel work van in his neighborhood. He stated he would rather look at the panel van than a large camper or recreational vehicle. Chairman Howell stated he would not be in favor of liberalizing either the parking/storage of recreational vehicles or commercial vehicles. Thacker noted there are some commercial vehicles being parked in his neighborhood. The vehicles are regular vans with commercial decals. Deputy City Administrator Martin questioned whether the City has the right to regulate writing/graphics on vehicles. Chairman Howell requested City Attorney Cahill to research the issue of freedom of speech relative to commercial vehicles' graphics/advertising and being prohibited from parking in a residential district. Chairman Howell opined passenger cars with graphics are actually billboards on wheels. Attorney Cahill stated commercial freedom of speech is not as protected as other freedoms of speech;however, she is not sure how protected they are. She agreed to research the issue. Buhrman noted he has a popup camper which is parked in his driveway during the summer months. He suggested recreational vehicles should only be stored in driveways or in the residential districts between May 1st and November I". Otherwise, they should be stored off-site. Chairman Howell suggested having size limits for recreational vehicles as well as for commercial vehicles. Ekstrom stated the proposed new definitions are acceptable. The proposed regulations governing recreational vehicle storage are appropriate. However, she stated she is not in favor of being more lenient with regard to the storage of commercial vehicles in the residential districts. Chairman Howell invited questions/comments from the audience. Jason Golnick of 3317 West Venice Avenue addressed the Commission, stating he wished to comment on the proposed amendments. He noted he has a large pickup truck and will use it to transport his family as it would accommodate the needed three infant car seats. He noted there is advertising on the back of the truck. The vehicle is too large to be stored in his garage. He feared if stricter regulations, as suggested by the commissioners, were adopted he would be unable to store his vehicle on his premises. Mr. Golnik acknowledged there are plenty of old trucks, panel vans, etc. being stored around town that should be cleaned up or removed and he would concur that the City would be best served to be rid of them. He further stated he formerly had a job with Planning and Zoning Commission June 17,2010 Page 6 a heating and air conditioning company. As a perk he was permitted to take the company vehicle home and use it as a second vehicle. He opined if more stringent regulations were adopted as proposed by the commissioners, he would be unable to take advantage of a similar situation today. Mr. Golnik went on to say that having more than one commercial vehicle on a site might be necessary but he concurred there should be no more than two commercial vehicles on a site. Chairman Howell suggested the City might have to allow variances to permit commercial vehicles to be parked or stored in the residential district rather than broadening the parking restrictions as proposed by the Community Development Committee. Chairman Howell noted he did not want to be too restrictive but when the Aesthetics Committee met several years ago the Committee drafted criteria for recreational and commercial vehicle storage and he opined those are the regulations which should be considered by the City at this time. Mr. Golnik stated he knows many people who have boats, recreational vehicles, etc. but he encourage the City to make it a requirement that these people prove they are actually using these vehicles and not just buying them and storing them on their premises. If unused, these vehicles become an eyesore to the neighborhood. Chairman Howell closed the Public Comment portion of the Public Hearing. Chairman Howell indicated the Commission must decide whether to make a recommendation regarding the proposed text amendments at this time. Motion by Thacker, seconded by Ekstrom, to send the proposed text amendments regarding the parking and storage of recreational and commercial vehicles in the residential district back to Staff for further study relative to the discussion which occurred at this meeting, specifically with regard to freedom of speech considerations relating to graphics and writing on commercial vehicles, and to bring the matter back to the Planning and Zoning Commission for consideration on July 8, 2010 at 7:30 p.m. Voting Aye: Buhnnan, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None, Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Chairman Howell closed the public hearing at 8:23 p.m. Other Business Chairman Howell requested the Commission be provided with new laminated identification cards. City of McHenry Planning and Zoning Commission Special Meeting July 8,2010 Chairman Howell called the Jul er Planning and Loning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Ekst �WK, Howell, Morck, Schepler, and Thacker. Absent: Nadeau. Also in attendance were: Attorney K Cahill, Deputy City Administrator Martin, and Deputy City Clerk Kunzer. Approval of Minutes Motion by Ekstrom, seconded by Thacker, to approve the mi s of the Planning and Zoning Commission Meeting as presented: June 17, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, ck,Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: N au. Moti rried 6-0. Public Hearing: City of McHenry File No.Z-755 Text Amendment --�. Chairman Howell reconvened the Public Hearing to order at 7:31 p.m. regarding File No Z-755, an application for Text Amendment relating to definitions and regulations pertaining to recreational vehicle and commercial vehicle parking in the Zoning Ordinance as submitted by the City of McHenry. Chairman Howell stated the Public Hearing was held on June 17, 2010 and continued to this date at the request of the commission. Staff was directed to seek clarification regarding Freedom of Speech issues relating to commercial vehicle signage. Deputy City Administrator Martin noted the Attorney Cahill has provided a memo outlining the legal opinion as it relates to enforcing parking of commercial vehicles in the residential district in light of Freedom of Speech parameters. The memorandum was provided for commissioners' edification. He noted Staff has not changed its recommendation with regard to the proposed amendments relating to the parking of recreational and commercial vehicles in the residential district. Chairman Howell invited questions and/or comments from the Commission. Buhrman inquired if Chairman Howell had any comments, inasmuch as he expressed many concerns at the Hearing on June 171h Chairman Howell responded he would not favor easing restrictions regarding the parking of either commercial or recreational vehicles in the residential districts. He noted he would like to see the proposal submitted by the Planning and Zoning Aesthetics Committee be considered by the City. He also Planning and Zoning Commission • July 8,2010 Page 2 noted he concurs with the proposed definitions for both commercial vehicles and recreational vehicles. But he does not concur with easing parking restrictions for these vehicles in the residential district. Chairman Howell stated he would approve an amendment which would be more restrictive. However if the motion includes the current proposal of refined definitions with less restrictions, he will vote against the amendment. Brief discussion occurred regarding whether a motion should be made to include both the proposed amendments for commercial and recreational vehicles. Deputy City Administrator suggested two motions, one for recreational vehicles and another for commercial vehicles, be made in order to provide clarity to Council regarding the matter. Thacker noted in the past the City has encountered difficulties regarding the enforcement of these types of parking violations. He opined there is not enough Staff to properly enforce these regulations. He inquired as to Staff's posture on enforcement. He inquired if any/all city employees could possibly note violators as they traveled throughout town. If a City employee of any department noted a vehicle being parked on the grass, they should ensure that the violation is acted upon. He stressed this should happen despite the department in which the employee worked. Deputy City Administrator Martin noted violations are handled on a complaint-driven basis. When complaints come into the Construction and Neighborhood Services Department they are logged in, a complaint form generated, and followed up by department personnel. Additionally, if a complaint is received in a particular neighborhood, the area is inspected for other similar violations to ensure equality of enforcement. He noted all complaints are taken seriously. They are followed through and pursued until remedied. Deputy City Administrator Martin noted it is impossible for the department Staff to drive on all the City streets every day. Chairman Howell noted he does not have a problem with Staff not driving over every street every day. However, if a resident complains, the potential violation should be explored. Chairman Howell opined the City should adopt a more restrictive commercial vehicle definition as proposed by Staff. However, he reiterated is could not support easing the parking restrictions of vehicles in the residential district. Chairman Howell noted there was no one in the audience wishing to offer comments or questions regarding this matter. Motion by Buhrman, seconded by Schepler, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to recreational vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Buhrman, Morck, and Schepler. Voting Nay: Ekstrom, Howell, and Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed to carry 3-3. Planning and Zoning Commission July 8,2010 Page 3 Comments by Commissioners: Ekstrom: stated she has a problem with allowing multiple recreational vehicles, trailers boats, etc to be parked on a lot in the residential district and therefore opposes the proposed amendments. Chairman Howell: stated he has previously made his position clear and voted against the proposed amendments. Motion by Buhrman, seconded by Morck, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Morck Voting Nay: Buhrman, Ekstrom, Howell, Schepler, and Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed to carry 1-5. Comments by Commissioners: Ekstrom: stated she is opposed to allowing the parking of two commercial vehicles on a site overnight. She stated it would be her recommendation that one commercial vehicle be allowed and if necessary two could be allowed if granted by the City. Schepler: concurred with Ekstrom and would prefer one commercial vehicle be permitted. Thacker: also agreed with Ekstrom; there should be no more than one commercial vehicle on a premises overnight. If special circumstances exist,the City could allow a second vehicle. On the recommendation of Attorney Cahill, the Commission discussed proposing a recommendation to allow a maximum of one commercial vehicle on a residential premises overnight. Motion by Ekstrom, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments subject to the recommendation that only one commercial vehicle be allowed on a residential premises overnight. Voting Aye: Buhrman, Ekstrom, Morck,Schepler, and Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 5-1. Comments by Commissioners: Chairman Howell: stated he still opposed the text amendments regulating commercial parking as they were less restrictive than current regulations. He stated he is peeved that the detailed work the commission had done as part of the Aesthetics Committee was never addressed or considered when Planning and Zoning Commission July 8,2010 Page 4 reviewing proposed text amendments relating to parking issues. He opined commercial vehicles should include any vehicle which has writing, lettering, logos, or markings. He stressed no commercial vehicles should be permitted in RS-3 District, RS-2 District, RS-IA District, RS-1 District or E District unless a variance was sought and granted. Chairman Howell closed the Public Hearing regarding File No. Z-755 at 7:50 p.m. Adjournment Motion by Schepler, seconded by Thacker,to adjourn the meeting at 7:50 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck,Schepler,and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0.The meeting was adjourned at 7:50 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: September 20, 2010, Regular City Council Meeting RE: Demolition, Repair, Enclosure or Remediation Ordinance Background. At the April 19, 2010 meeting the city council approved amendments to the administrative adjudication process the city uses. As part of the administrative adjudication process the city, through ordinance adoption, can enforce violations dealing with unsafe buildings or those that are considered by ordinance to be uninhabitable or unsanitary. Attached is a proposed municipal code amendment which would allow city code enforcement officers to use the administrative adjudication process for this purpose. The council will recall that the city went to McHenry County Court and obtained an injunction regarding the unsanitary home on Church Street to allow staff to have the home secured. The home has been sold and is being repaired and remodeled. The passage of the attached ordinance provides the city with more flexibility in terms of utilizing the administrative adjudication process or going through the circuit court. Cases will be evaluated individually and depending on circumstances staff will choose the most efficient and practical method to achieve compliance and resolve code violations issues in an expedient manner. Analysis. Attached is the proposed ordinance, prepared by the city attorney's office, which essentially mirrors Illinois statute requirements regarding this issue. This is an ordinance that is another tool the city has to expedite matters of this type using the administrative adjudication process. Through this ordinance the city has the authority to demolish, repair or enclose or order the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the city. In addition, the city can seek authority to remove or have garbage, debris and other hazardous, noxious or unhealthy substances or materials removed from those buildings. Recommendation. Approval of the attached ordinance as presented. ORDINANCE NO. An Ordinance Amending Chapter 7.50 of the City of McHenry, Municipal Code, to Add Section 7.50-15, Demolition, Repair, Enclosure or Remediation WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Section 7.50-15, Parking and Standing of Vehicles and the Condition and Use of Vehicle Equipment, Section 7.50-16, Election of Remedies, and Section 7.50-17, Fines Applicable to all Offenses, of the City of McHenry, Municipal Code, shall be renumbered as Sections 7.50-16, 7.50-17 and 7.50-18, consecutively, and such changes shall be made, as needed,in Chapter 7.50 of the City of McHenry, Municipal Code. SECTION 2; Section 7.50-15 of the City of McHenry, Municipal Code, shall read as follows: Sec. 7.50-15 Demolition, Repair, Enclosure or Remediation. (A) Pursuant to 65 ILCS 5/11-31-1, the City has the authority to demolish, repair or enclose or cause the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the City and may remove or cause the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from those buildings. When such action is warranted, the director is authorized, empowered and directed to: (1) Apply to the hearing officer: (a) for an order authorizing action to be taken with respect to a building if the owner or owners of the building, including the lien holders of record, after at least 15 days' written notice by mail to do so, have failed to put the building in a safe condition or to demolish it or (b) for an order requiring the owner or owners of record to demolish, repair or enclose the building or to remove garbage, debris and other hazardous, noxious or unhealthy substances or materials from the building. It is not a defense to the cause of action that the building is boarded up or otherwise enclosed, although the hearing officer may order the defendant to have the building boarded up or otherwise enclosed. Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed is sufficient notice under this Section. (2) The hearing upon the application shall be expedited by the hearing officer and shall be given precedence over all other suits. (3) The cost of the demolition, repair, enclosure or removal incurred by the City, by an intervenor, or by a lien holder of record, including hearing costs, attorneys' fees and other costs related to the enforcement of this Section, is recoverable from the owner or owners of the real estate or the previous owner or both if the property was transferred during the 15-day notice period and is a lien on the real estate; the lien is superior to all prior existing liens and encumbrances, except taxes, if, within 180 days after the repair, demolition, enclosure or removal, the City, the lien holder of record or the intervenor who incurred the cost and expense, shall file a notice of lien for the cost and expense incurred in the office of the McHenry County Recorder of Deeds. (4) The notice must consist of a sworn statement setting out: (a) A description of the real estate sufficient for its identification, (b) The amount of money representing the cost and expense incurred, and (c) The date or dates when the cost and expense was incurred by the City, the lien holder of record, or the intervenor. Upon payment of the cost and expense by the owner of or persons interested in the property after the notice of lien has been filed, the lien shall be released by the City, the person in whose name the lien has been filed, or the assignee of the lien, and the release may be filed of record as in the case of filing notice of lien. (5) Unless the lien is enforced under Section 7.50-15(C), the lien may be enforced by foreclosure proceedings as in the case of mortgage foreclosures under 735 ILCS 511101 et seq., or mechanics lien foreclosures. An action to foreclose this lien may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the City, including hearing costs, reasonable attorneys' fees, advances to preserve the property, and other costs related to the enforcement of this Section,plus statutory interest, are a lien on the real estate and are recoverable by the City from the owner or owners of the real estate. (6) All liens arising under this Section shall be assignable. The assignee of the lien shall have the same power to enforce the lien as the assigning party, except that the lien may not be enforced under Section 7.50-15(B). (7) If the City determines that any dangerous and unsafe building or uncompleted and abandoned building within the City fulfills the requirements for an action by the City under 310 ILCS 5011 et seq., the City may petition under that act in a proceeding brought under this Section. (B) In any case where the City has obtained a lien it may enforce the lien pursuant to Section 7.50-14. (C) In addition to any other remedy provided by law, the City may petition the 22°d Judicial Circuit Court to have property declared abandoned under this Section if- (1) The property has been tax delinquent for 2 or more years or bills for water service for the property have been outstanding for 2 or more years; (2) The property is unoccupied by persons legally in possession; and (3) The property contains a dangerous or unsafe building for reasons specified in the petition. All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, shall be named as defendants in the petition and shall be served with process. In addition, service shall be had under 735 ILCS 5/2-206 as in other cases affecting property. The City, however, may proceed under this Section in a proceeding brought under Section 7.50-15(A). Notice of the petition shall be served in person or by certified or registered mail on all persons who were served notice under Section 7.50-15(A). If the City proves that the conditions described in this Section exist and (i) the owner of record of the property does not enter an appearance in the action, or, if title to the property is held by an Illinois land trust, if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, if title to the property is held by an Illinois land trust, enters an appearance and specifically waives his or her rights under this Section, the court shall declare the property abandoned. Notwithstanding any waiver, the City may move to dismiss its petition at any time. In addition, any waiver in a proceeding under this Section does not serve as a waiver for any other proceeding under law or equity. If that determination is made, notice shall be sent in person or by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, stating that title to the property will be transferred to the City unless, within 30 days of the notice, the owner of record or any other person having an interest in the property files with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property. If the owner of record enters an appearance in the action within the 30-day period, but does not at that time file with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition, or specifically waive his or her rights under this Section, the court shall vacate its order declaring the property abandoned if it determines that the owner of record does not intend to abandon the property. In that case, the City may amend its complaint in order to initiate proceedings under Section 7.50- 15(A), or it may request that the court order the owner to demolish the building or repair the dangerous or unsafe conditions of the building alleged in the petition or seek the appointment of a receiver or other equitable relief to correct the conditions at the property. The powers and rights of a receiver appointed under this Section shall include all of the powers and rights of a receiver appointed under 65 ILCS 5/11-31-2. If a request to demolish or repair the building is filed within the 30-day period, the court shall grant permission to the requesting party to demolish the building within 30 days or to restore the building to safe condition within 60 days after the request is granted. An extension of that period for up to 60 additional days may be given for good cause. If more than one person with an interest in the property files a timely request, preference shall be given to the owner of record if the owner filed a request or, if the owner did not, the person with the lien or other interest of the highest priority. If the requesting party (other than the owner of record) proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by the court, the court shall issue a quitclaim judicial deed for the property to the requesting party, conveying only the interest of the owner of record, upon proof of payment to the City of all costs incurred by the City in connection with the action, including but not limited to court costs, attorney's fees, administrative costs, the costs, if any, associated with building enclosure or removal and receiver's certificates. The interest in the property so conveyed shall be subject to all liens and encumbrances on the property. In addition, if the interest is conveyed to a person holding a certificate of purchase for the property under 35 ILCS 200/1-1 et seq., the conveyance shall be subject to the rights of redemption of all persons entitled to redeem under that Act, including the original owner of record. If the requesting party is the owner of record and proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by the court, the court shall dismiss the proceeding under this Section. If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, and if no person with an interest in the property files a timely request or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the court, the City may petition the court to issue a judicial deed for the property to the City. A conveyance by judicial deed shall operate to extinguish all existing ownership interests in, liens on, and other interest in the property, including tax liens, and shall extinguish the rights and interests of any and all holders of a bona fide certificate of purchase of the property for delinquent taxes. Any such bona fide certificate of purchase holder shall be entitled to a sale in error as prescribed under 35 ILCS 200/1-1 etseq.). (D) The City may use the provisions of this Section to expedite the removal of certain buildings that are a continuing hazard in the City. If a residential or commercial building is 3 stories or less in height as defined by the City's building code, and the Director of Construction and Neighborhood Services determines that the building is open and vacant and an immediate and continuing hazard to the City, then the Director of Construction and Neighborhood Services shall be authorized to post a notice not less than 2 feet by 2 feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired or enclosed, and unless any garbage, debris and other hazardous, noxious or unhealthy substances or materials are removed so that an immediate and continuing hazard to the City no longer exists, then the building may be demolished, repaired or enclosed, or any garbage, debris and other hazardous, noxious or unhealthy substances or materials may be removed, by the City. Not later than 30 days following the posting of the notice, the City shall do all of the following: (1) Cause to be sent, by certified mail, return receipt requested, a Notice to Remediate to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the City to demolish, repair or enclose the building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials if that action is not taken by the owner or owners. (2) Cause to be published, in a newspaper published or circulated in the City, a notice setting forth (i) the permanent tax index number and the address of the building, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and(iii) a statement that the City intends to demolish, repair or enclose the building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for 3 consecutive days. (3) Cause to be recorded the Notice to Remediate mailed in the office of the McHenry County Recorder of Deeds. Any person or persons with a current legal or equitable interest in the property objecting to the proposed actions of the Director of Construction and Neighborhood Services may file his or her objection in an appropriate form in the Office of Administrative Adjudication. If the building is not demolished, repaired, or enclosed or the garbage, debris or other hazardous, noxious or unhealthy substances or materials are not removed, within 30 days of mailing the notice to the owners of record, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, or within 30 days of the last day of publication of the notice, whichever is later, the Director of Construction and Neighborhood Services shall have the power to demolish, repair or enclose the building or to remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials. The City may proceed to demolish, repair or enclose a building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials under this Section within a 120-day period following the date of the mailing of the notice if the Director of Construction and Neighborhood Services determines that the demolition, repair enclosure, or removal of any garbage, debris or other hazardous, noxious or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the City proceeds with any of the actions authorized by this Section, any person with a legal or equitable interest in the property has sought a hearing under this Section before the Office of Administrative Adjudication and has served a copy of the complaint on the City Administrator, then the City shall not proceed with the demolition, repair or enclosure or removal of garbage, debris or other substances until the hearing officer determines that that action is necessary to remedy the hazard and issues an order authorizing the City to do so. If the hearing officer dismisses the action for want of prosecution, the City must send the objector a copy of the dismissal order and a letter stating that the demolition, repair enclosure or removal of garbage, debris or other substances will proceed unless, within 30 days after the copy of the order and the letter are mailed, the objector moves to vacate the dismissal and serves a copy of the motion on the City Administrator. Notwithstanding any other law to the contrary, if the objector does not file a motion and give the required notice, if the motion is denied by the hearing officer, or if the action is again dismissed for want of prosecution, then the dismissal is with prejudice and the demolition, repair, enclosure or removal may proceed forthwith. Following the demolition, repair or enclosure of a building, or the removal of garbage, debris or other hazardous, noxious or unhealthy substances or materials under this Section, the City may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure or removal occurred, for the cost and expense incurred, in the office of the McHenry County Recorder of Deeds. This lien has priority over the interests of those parties named in the Notice to Remediate mailed under Section 7.50-15(D)(1), but not over the interests of third party purchasers or encumbrancers for value who obtained their interests in the property before obtaining actual or constructive notice of the lien. The notice of lien shall consist of a sworn statement setting forth: (1) A description of the real estate, such as the address or other description of the property, sufficient for its identification; (2) The expenses incurred by the City in undertaking the remedial actions authorized under this Section; (3) The date or dates the expenses were incurred by the City; (4) A statement by the Director of Construction and Neighborhood Services that the building was open and vacant and constituted an immediate and continuing hazard to the community; (5) A statement by the Director of Construction and Neighborhood Services that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this Section; and (6) A statement as to when and where the notice was published. The lien authorized by this Section may thereafter be released or enforced by the City as provided in Section 7.50-15(A). (E) The City may remove or cause the removal of, or otherwise environmentally remediate hazardous substances and petroleum products on, in, or under any abandoned and unsafe property within the City. In addition, where preliminary evidence indicates the presence or likely presence of a hazardous substance or a petroleum product or a release or a substantial threat of a release of a hazardous substance or a petroleum product on, in, or under the property, the City may inspect the property and test for the presence or release of hazardous substances and petroleum products. For purposes of this Section: (1) "property" or "real estate" means all real property, whether or not improved by a structure; (2) "abandoned"means: (a) the property has been tax delinquent for 2 or more years; (b) the property is unoccupied by persons legally in possession; and (3) "unsafe" means property that presents an actual or imminent threat to public health and safety caused by the release of hazardous substances; and (4) "hazardous substances" means the same as in 415 ILCS 5/3.215. The code administrator shall apply to the hearing officer (i) for an order allowing the entry to the property and inspect and test substances on, in, or under the property; or (ii) for an order authorizing the code administrator to take action with respect to remediation of the property if conditions on the property, based on the inspection and testing authorized in paragraph (i), indicate the presence of hazardous substances or petroleum products. Remediation shall be deemed complete for purposes of paragraph (ii) above when the property satisfies Tier 1, II, or III remediation objectives for the property's most recent usage, as established by 415 ILCS 511 et seq., and the rules and regulations promulgated thereunder. Where, upon diligent search, the identity or whereabouts of the owner or owners of the property, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed is sufficient notice under this Section. The hearing officer shall grant an order authorizing testing under paragraph (i) above upon a showing of preliminary evidence indicating the presence or likely presence of a hazardous substance or a petroleum product or a release of or a substantial threat of a release of a hazardous substance or a petroleum product on, in, or under abandoned property. The preliminary evidence may include, but is not limited to, evidence of prior use, visual site inspection or records of prior environmental investigations. The testing authorized by paragraph (i) above shall include any type of investigation which is necessary for an environmental professional to determine the environmental condition of the property, including but not limited to performance of soil borings and groundwater monitoring. The hearing officer shall grant a remediation order under paragraph (ii) above where testing of the property indicates that it fails to meet the applicable remediation objectives. The hearing upon the application to the hearing officer shall be expedited and shall be given precedence over all other suits. The cost of the inspection, testing or remediation incurred by the City or by a lien holder of record, including court costs, attorney's fees, and other costs related to the enforcement of this Section, is a lien on the real estate; except that in any instances where the City incurs costs of inspection and testing but finds no hazardous substances or petroleum products on the property that present an actual or imminent threat to public health and safety, such costs are not recoverable from the owners nor are such costs a lien on the real estate. The lien is superior to all prior existing liens and encumbrances, except taxes and any lien obtained under Section 7.50-15(A) or (D), if, within 180 days after the completion of the inspection, testing or remediation, the City or the lien holder of record who incurred the cost and expense shall file a notice of lien for the cost and expense incurred in the office of the McHenry County Recorder of Deeds. The notice must consist of a sworn statement setting out (i) a description of the real estate sufficient for its identification, (ii) the amount of money representing the cost and expense incurred, and (iii) the date or dates when the cost and expense was incurred by the City or the lien holder of record. Upon payment of the lien amount by the owner of or persons interested in the property after the notice of lien has been filed, a release of lien shall be issued by the City, the person in whose name the lien has been filed, or the assignee of the lien, and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced under Section 7.50-15(B) or by foreclosure proceedings as in the case of mortgage foreclosures under 735 ILCS 511101 et seq., or mechanics' lien foreclosures; provided that where the lien is enforced by foreclosure under Section 7.50- 15(B) or under either statute, the City may not proceed against the other assets of the owner or owners of the real estate for any costs that otherwise would be recoverable under this Section but that remain unsatisfied after foreclosure except where such additional recovery is authorized by separate environmental laws. An action to foreclose this lien may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the City, including court costs, reasonable attorney's fees, advances to preserve the property, and other costs related to the enforcement of this Section,plus statutory interest, are a lien on the real estate. All liens arising under this Section shall be assignable. The assignee of the lien shall have the same power to enforce the lien as the assigning party, except that the lien may not be enforced under Section 7.50-15(B). (F) In any case where the City has obtained a lien under Section 7.50-15(A), the City may also bring an action for a money judgment against the owner or owners of the real estate in the amount of the lien in the same manner as provided for bringing causes of action in 735 ILCS 5/2-101 and, upon obtaining a judgment, file a judgment lien against all of the real estate of the owner or owners and enforce that lien as provided for in 735 ILCS 5/2- 101. SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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.IAPMcHenryCityof IOrdinanceslDemolition.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 2010, the foregoing Ordinance entitled An Ordinance Amending Chapter 7.50 of the City of McHenry, Municipal Code, to Add Section 7.50-16, Demolition, Repair, Enclosure or Remediation, 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 2010, and will continue for at least 10 days thereafter. Copies of such Ordinance are 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 2010. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: September 20, 2010 Regular City Council Meeting RE: Wastewater Treatment Plants Solids Handling Upgrades ATTACHMENTS: 1) SEC Group, Inc. bid recommendation 2) SEC Group, Inc. equipment pre-purchase recommendation 3)Advanced Automation and Controls, Inc. contract agreement Background. On July 26, 2010, the City Council authorized staff to publicly bid the solids handling system upgrades at the Central Wastewater Treatment Plant (CWWTP) and the South Wastewater Treatment Plant (SWWTP). Consolidating the treatment of the wastewater solids is a step towards abandoning the CWWTP while providing the sanitary sewer system more flexibility to handle additional flow capacity. This investment is a cost effective means to keep the CWWTP in operation for a minimum of ten additional years. Bids were received on August 31, 2010 for the construction of the solids handling upgrades. There were four(4) bidders for this project with bids ranging from$2,399,000 to $2,669,000. The Engineer's Opinion of Probable Cost(EOPC) for this project was $2,104,000. Analysis. SEC Group has reviewed the bid documents and recommends awarding the contract for the solids handling system upgrades to the lowest bidder, Maxim Construction Corporation of Volo, Illinois for the lump sum price of$2,399,000. Although the lowest bid is greater than the EOPC, the overall sanitary sewer project is within budget. SEC Group is recommending purchasing equipment directly from the sole source vender rather than through a third party contractor. This procedure will reduce cost and expedite delivery of the equipment. The attached letter recommends purchasing the following equipment: • Velocity Dynamics, Inc. —Polymer Blending System- $67,660.00 • Smith Ecological Systems, Inc.—Gas Chlorination System- $22,550.00 • Parkson Corporation—Fine Screen Unit- $198,852.00 • Komline-Sanderson—Belt Filter Press - $349,910.00 • Vogelsang—Positive Displacement Pumps - $129,975.00 Advanced Automation and Controls, Inc (AAC) formerly known as SEC Automation, Inc. has submitted a proposed contract agreement for the Supervisory Control and Data Acquisition (SCADA) system integration of the controls for solids handling at the South Wastewater Treatment Plant (SWWTP) and the Central Wastewater Treatment Plant (CWWTP). Recently AAC performed all of the SCADA integration on the wastewater system including the installation of a city wide SCADA system on the sanitary sewer lift stations. The proposed contract will be completed on a time and material basis in an amount not to exceed $159,500.00. Recommendation. Staff recommends the following: 1) The award of bid for the solids handling upgrades at CWWTP and SWWTP to Maxim Construction Corporation of Volo, Illinois in an amount not to exceed $2,399,000.00 2) Waive the bidding requirements and purchase equipment from the sole source providers as recommended by SEC Group: • Velocity Dynamics, Inc. —Polymer Blending System- $67,660.00 • Smith Ecological Systems, Inc. —Gas Chlorination System - $22,550.00 • Parkson Corporation—Fine Screen Unit- $198,852.00 • Komline-Sanderson—Belt Filter Press - $349,910.00 • Vogelsang—Positive Displacement Pumps - $129,975.00 3) To enter into a contract agreement with Advanced Automation and Controls, Inc. (AAC) for the SCADA system integration of the controls for the solids handling at CWWTP and SWWTP in an amount not to exceed $159,500.00 SEC Group, Inc. An HR GreenCorrpany September 9,2010 Mr. Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 Re: Solids Handling System Upgrades Recommendation for Award Job No.: MCHE-090039.01 Dear Mr. Schmitt: The City of McHenry(CITY)received four(4)bid proposals for the construction of the"Solids Handling System Upgrades" at the bid opening on August 31, 2010. The four (4) bids ranged in price from $2,399,000.00 to $2,669,000.00. Based upon SEC Group, Inc., an HR Green Company's (SEC/HR Green) review of the bid documents, SEC/HR Green recommends that the CITY award the construction of the "Solids Handling System Upgrades" to Maxim Construction Corporation in the amount of$2,399,000.00. The Engineer's Opinion of Probable Cost(EOPC) for this work was $2,104,000. If you have any questions please call. Sincerely, SEC GROUP,INC., AN HR GREEN CO M NY ��, & - Chad Pieper,P.E. Project Manager CJP/ cc: Mr. Ed Coggin,P.E., SEC Group,Inc., an HR Green Company Hrgmhnas\O:\090039\Administration\bid-docs\090039.01-Solids Handling\ltr-090910-Recommendaton for Award-Solids handling.docx progress. innovation.expertise. 420 N.Front Street,Suite 100 IMcHenry,IL 60050 Phone:815.385.1778 IFax:815.385.1781 1 www.secgroupinc.com SEC Group, Inc. An HR Green C Tpany September 9,2010 Mr.Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry,Illinois 60050 Re: Solids Handling System Upgrades Proposals for Equipment Pre-purchase Job No.: MCHE-090039.01 Dear Mr. Schmitt: The City of McHenry(CITY)recently received proposals for the equipment to be purchased by the CITY for the "Solids Handling System Upgrades". Based upon SEC Group, Inc., an HR Green Company's (SEC/HR Green) review of the proposals, SEC/HR Green recommends that the CITY award the purchase orders to the following vendors: 1. Velocity Dynamics,Inc. Polymer Blending System $67,660.00 2. Smith Ecological Systems, Inc. Gas Chlorination system $22,550.00 3. Parkson Corporation Fine Screen Unit $ 198,852.00 4. Komline-Sanderson Belt Filter Press $ 349,910.00 5. Vogelsang Positive Displacement Pumps $ 129,975.00 If you have any questions please call. Sincerely, SEC GROUP,INC., AN HR GREEN COMP Chad Pieper,P.E. Project Manager CJP/ cc: Mr. Ed Coggin,P.E., SEC Group,Inc.,an HR Green Company Hrgmhnas\O:\090039\Administration\bid-docs\090039.01-Solids Handling\ltr-090910-Recommendaton for Award-Solids handling-Equipment.docx progress. innovation.expertise. 420 N.Front Street,Suite 100 (McHenry,IL 60050 Phone:815.385.1778 (Fax:815.385.1781 1 www.seegroupinc.com Contract Agreement SCADA and Controls Services Central and South WWTP Solids Project Phone 815.578.0655 Fax 815.578.0677 Advanced Automation and Controls, Inc. 780 Ridgeview Drive McHenry,IL 60050 Name Mr. Jon Schmitt JOB NUMBER: Company City of McHenry Address 333 S. Green St. REFERENCE : SCADA/Control Services McHenry, IL 60050 Central and South WWTP Solids Project Phone Number 815.363.2196 LOCATION: McHenry, IL Fax Number 815.363.2208 PROPOSAL DATE: September 10, 2010 (Rev 1) ■AS SPECIFIED ❑AS EQUAL ❑F.O.B. FACTORY PRICES DO NOT INCLUDE SALES OR USES TAXES ❑AS ALTERNATIVE ❑TRSP.PREPAID TERMS: NET-30 DAYS PER ATTACHED TERMS AND CONDITIONS ITEM QUAN DESCRIPTION TOTAL PRICE 1 1 Advanced Automation and Controls,Inc.is pleased to provide the Time and Material/Not following contract to provide SCADA and control system to Exceed Amount: modifications for the City of McHenry Central and South WWTP Solids project.This contract will cover the required services $159,500.00 needed to integrate the controls between the Central and South WWTP's.This contract is a time and material,not to exceed. Services covered under this contract include,but are not limited to the following: McHenry Waste Water Treatment Plant Upgrade Central and South Plants Solids Proiect The following Sections within the bid documents and specifications will be provided under this contract agreement. Required material and services under these sections will be covered under the contract,unless OTHERWISE noted. ➢ 13410-Instrumentation and Control Integration ➢ 13420-Remote Instruments ➢ 13430-Boxes,Panels,and Control Centers ➢ 13450-Central Control ➢ 13480-Instrumentation and Control Schedules ➢ 13490-Measurement and Control Commissioning ➢ 16425—Variable Frequency Drives Section 13410-Instrumentation and Control Integration 1. Submittals—Hardware and Software 2. Submittals—Training Process 3. Submittals—Startup and Commissioning Process(s) Section 13420-Remote Instruments 1. Flow,Liquid,Magnetic Flow Tube,Large Diameter (Quantity of 4) 2. Level,Liquid,Ultrasonic(Quantity of 5) 3. Float switches(Quantity of 2) 4. Gas detector,methane as common to wastewater treatment plants(Quantity of 1) Section 13430-Boxes,Panels,and Control Centers 1. Control Panels(Solids Building CP-8,Central Plant CP- SL) 2. Programmable Logic Controllers(PLC) 3. Ethernet Switches 4. Uninterruptible Power Supply 5. Operator Interface Terminals(OIT) Section 13450-Central Control 1. Central control equipment and programming/configuration including plant SCADA screens,PLCs,UPSs,and radio telemetry equipment.All programming of the process control system will follow the specifications as noted in Section 13450.This serves as a guideline for integrating the new system(s)at both facilities. Section 13480-Instrumentation and Control Schedules 1. Instrumentation and Control Panel schedules as noted within the specifications and drawings.Basic schedules of these items will follow the outline as specified in Section 13480. Section 13490-Measurement and Control Commissioning 2. Factory Acceptance Test(F.A.T.) 3. Onsite Commissioning and Startup 4. System Verification and Testing Material Provided Under Contract by AAC Inc Flow Meters(Otv. 1 Each) ➢ FM-1110 SIEMENS,Magflow 5100W 14"Flowtube ➢ FM-2115 ABB, 1 ODX311 4"Flowtube/50XM100N ➢ FM-2145 ABB 10DX311 4"Flowtube/50XM100N ➢ FM-2134 ABB, lODX311 4"Flowtube/50XM100N Ultrasonic Level Tranducers(Otv. 1 Each) ➢ LIT-2000 Milltronics Hydroranger 200 w/XRS-5 Transducer ➢ LIT-3003 Milltronics Hydroranger 200 w/XRS-5 Transducer ➢ LIT-3004 Milltronics Hydroranger 200 w/XRS-5 Transducer ➢ LIT-3005 Milltronics Hydroranger 200 w/XRS-5 Transducer ➢ LIT-3006 Milltronics Hydroranger 200 w/XRS-5 Transducer Float Switches(Otv. 1 Each) ➢ LSL-2001 Anchor Scientific Eco-Float ➢ LSL-4240 Anchor Scientific Eco-Float Gas Detector(Otv. 1 Each) ➢ Sierra Monitor Corporation Sentry IT(Central Plant HW Screening Building) Section 16425—Variable Frequency Drives ➢ Gravity Belt Thickener Feed Pump—SP2112/SP2111 ➢ Belt Filter Press Feed Pumps—SP2141 /SP2142 ➢ Thickened Sludge Transfer Pumps—SP2131 /SP2132 Description of Services/System Operations: • Radio's will be used for linking CP-8 and CP-SL.This information will be linked to the main PLC at the South Plant. • Integration of the new Solids Handling System.Once the data is coming into SCADA,a new SCREEN will be created and all references to the old unit will be removed. A meeting will need to be held with Staff to determine what they would like to see on the screen. • The touch panels both CP-8 and CP-SL,will display all control and monitoring of the local process controls.A meeting will be help with Staff to determine what information is desired on the screens. 9 Ethernet connectivity to the 6 AB PowerFlex Drives located in the Solids Handling Building.Units will be controls within CP-8 and/or from Central/South Plant. • The SWWTP SCADA system will display information from the CWWTP`s CP-8 and CP-SLAn operational meeting will be held with staff to discuss what points they may want to control(set-point changes)at the CWWTP from the SWWTP SCADA system. • Setup and verification of supplied field instrumentation. AAC will assure that all the provided equipment such as flow meter,level monitors,Etc.are operating per system specifications. • Configuration and Start-up services for the six(6)VFD's as listed above.VFD include the following:SP2111, SP2112,SP2131,SP2132,SP2141 and SP2142. • System start-up and commissioning services.AAC will provide on-site system startup and commissioning of the new Solids Handling Control System. Proiect Notes: • Included within the material estimates are all require material that AAC will be providing as part of our services. • AAC will work with the electrician to assure proper installation of Ethernet and antenna cables for the PLC's. • The contracted electrician is responsible for all wiring, conduit,and electrical material as required for the project outside of running the antenna cables and installing the antennas.(Included within AAC contract)This includes pulling of wire,mounting of boxes,installation of conduit, Etc. • Installation of the equipment provide by AAC such as control panels,flow tubes,level transmitters,Etc.will be the responsibility of the electrical or general contactor. AAC will assist the contractors to assure proper installation is performed. • Required meetings are INCLUDED within the cost estimate.This is budgeted for two separate meetings either on site or at the engineer's facility. • One(1)year service warranty is covered from date of project commission or acceptance.This covers any required programming or system issues that may arise after commissioning has taken place.This does not include changes made outside of the original scope of services. • Material warranties are covered by the manufacturer's warranty.They are typically One(1)year from invoice date of purchase. If you have any questions please do not hesitate to call me at 815 578-0655. HOURLY RATES Principal..................................................................................................................................................................................................$125.00/hour Senior Applications Engineer Straight Time(84 M-F).........................................................................................................................$110.00/hour Senior Application Engineer Overtime(Before 8,After 4 M-F)...........................................................................................................$170.00/hour Senior Application Engineer Premium (Holidays,Sundays,Off-Hour Demands)...............................................................................................................................................$220.00/hour ApplicationEngineer................................................................................................................................................................................$90.00/hour Application Engineer Overtime(Before 8,After 4 M-F).......................................................................................................................$135.00/hour Application Engineer Premium (Holidays,Sundays,Off-Hour Demands)...............................................................................................................................................$180.00/hour ControlSystems Technician.....................................................................................................................................................................$80.00/hour Control Systems Technician Overtime(Before 8,After 4 M-F)............................................................................................................$120.00/hour Control Systems Technician Premium (Holidays,Sundays,Off-Hour Demands)...............................................................................................................................................$160.00/hour Administrative...........................................................................................................................................................................................$50.00/hour Expenses: StraightTime Phone Support(8-4 M-F)...................................................................................................................................................$45.00/hour Off-Time Phone Support(Before 8,After 4 M-F)...................................................................................................................................$90.00/hour TravelTime-Straight Time(8-4 M-F)......................................................................................................................................................$50.00/hour Mailing/Shipping........................................................................................................................... ................Cost ........................................................ Mileage..........................................................................................................................................................................................................$.50/mile ProjectMaterials(REIM)......................................................................................................................................................................................Cost Other Expenses(lodging,transportation,meals)..................................................................................................................................................Cost STATEMENT ON WORKLOAD AND PROJECT COMPLETION AAC,INC.is proud of our reputation for excellent service to our CLIENT's. Staff members are assigned to each CLIENT project and are responsible to see the project through to completion. With an experienced professional staff,our CLIENT's can be assured that each project is afforded the attention required. Your project is just as important to us as it is to you. At this time,there are no major projects in-house or backlogged for our Department which would interfere with our ability to service the CLIENT. A team will be available full-tune for the duration of the time required to complete the project. The expertise of our Application Engineers will be afforded to the project as necessary and all assigned staffwill support the project for the CLIENT with the excellent level of service that has made AAC,INC.the choice of many municipalities. INDEMNITY.LIABILITY AND INSURANCE AAC,INC.hereby agrees to and shall hold CLIENT harmless from any liability or damages for property damage or bodily injury,including death,which may arise from AAC,INC.'s negligent operations under this Agreement,to the proportion such negligence contributed to the damages,injury or loss. CLIENT agrees to and shall hold AAC,INC.harmless from any liability or damages for property damage or bodily injury,including death,which may arise from all causes of any kind other than AAC,INC.'s negligence. Each party shall obtain and maintain insurance coverage of a type and in the amounts described below. Each party shall name the other party as an additional insured on insurance policies covering the project and shall provide the other party with satisfactory proof of insurance. It is understood and agreed that,in seeking the services of AAC,INC.under this Agreement,CLIENT is requesting AAC,INC.to undertake uninsurable obligations for CLIENT's benefit involving the presence or potential presence of hazardous substances. Therefore,CLIENT agrees to hold harmless,indemnify and defend AAC,INC.from and against any and all claims,losses,damages,liability and costs including but not limited to,costs of defense,arising out of or in any way connected with the presence,discharge,release or escape of contaminants of any kind, accepting only such liability as may arise out of the sole negligence of AAC,INC.in the performance of services under this Agreement. AAC,INC.shall maintain: 1. Statutory worker's compensation for all of AAC,INC.'s employees at the project as required by the State of Illinois. 2. Comprehensive general liability insurance in an amount not less than$1,000,000.00 each occurrence and$1,000,000.00 aggregate. 3. AAC,INC.will maintain$1,000,000.00 of professional liability insurance. 4. Provide Certificates of Insurance to CLIENT naming CLIENT as additional insured. CLIENT shall maintain: I. Property insurance and comprehensive general liability insurance. CERTIFICATE OF MERIT The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against AAC,INC.unless the CLIENT has first provided AAC,INC.with a written certification executed by an independent design professional currently practicing in the same discipline as AAC,INC.and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier;b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to AAC,INC.not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. TERMINATION OF AGREEMENT Either party may terminate this Agreement for material breach of the Agreement by the other party after giving written notice of breach. Excepting breaches by CLIENT for non-payment of AAC,INC.'s invoices,neither party shall terminate this Agreement without giving the other party thirty(30)days written notice of intent to terminate. OUTSIDE CONSULTANTS AAC,INC.is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to AAC,INC.for use in preparation of plans. AAC,INC.is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. ATTORNEY FEES in the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred including staff time,court costs,attorneys'fees and other related expenses. STANDARD OF CARE Services provided by AAC,INC,under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. CLIENTSHIP OF FINAL DOCUMENTATION AND SYSTEM CONFIGURATION All documents including those documents on electronic media prepared by AAC,INC.will be forwarded to the end user upon acceptance. AAC, INC.will not be responsible for any software licensing required to complete the project. All software licenses and hardware required to complete application verifications will be obtained or provided by the CLIENT. REUSE OF DOCUMENTS All project documents including,but not limited to,software,plans and specifications furnished by AAC,INC.under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by AAC,INC.,shall be at the CLIENT'S sole risk,and CLIENT shall indemnify and hold harmless AAC,INC.from all claims,damages and expenses including attorney's fees arising out of or resulting there from. FAILURE TO ABIDE BY DESIGN DOCUMENTS OR TO OBTAIN GUIDANCE The CLIENT agrees that it would be unfair to hold AAC,INC.liable for problems that might occur should AAC,INC.'S plans,specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow AAC,INC.'S guidance with respect to any errors,omissions,inconsistencies,ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing AAC, INC.'S plans,specifications or other instruments of service. Accordingly,the CLIENT waives any claim against AAC,INC.and agrees to defend,indemnify and hold AAC,INC.harmless from any claim for injury or losses that result from failure to follow AAC,INC.'S plans, specifications or design intent,or for failure to obtain and/or follow AAC,INC.'S guidance with respect to any alleged errors,omissions, inconsistencies,ambiguities or conflicts contained within or arising as a result of implementing AAC,INC.'S plans,specifications or other instruments of services. The CLIENT also agrees to compensate AAC,INC.for anytime spent and expenses incurred by AAC,INC.'S prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non-binding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the Arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of AAC,INC.and its sub consultants to the CLIENT for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attomeys'fees and costs and expert witness fees and costs,so that the total aggregate liability of AAC,INC.and its subconsultants to all those named shall not exceed AAC, INC.'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. EXCLUSION This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services.These work items are considered extra and are billed separately on an hourly basis. PAYMENT I. Compensation for labor will be based on a Time and Material,Not to Exceed basis of$159,500.00.All invoices shall be paid within 15 days on hardware purchases and 30 days on professional services of the invoice date. All outstanding invoices,greater than 30 days,shall have 1.5%interest compounded monthly added to the invoice. 2. Should CLIENT fail to pay for professional services hereunder,as billed within 45 days of sucb billing,AAC,INC.shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 3. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. TIME LIMIT This AGREEMENT must be executed within thirty(30)days ofthe composition date to be accepted under the terms set forth herein. This contract shall expire one(1)year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one(1)copy for your files and return one to our office. If this AGREEMENT merits your approval and acceptance,please sign and return to our office. If you have any questions or comments, please contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, Advanced Automation and Controls, Inc. Thomas C. Otto President City of McHenry Accepted by: Title: Date: Advanced Automation and Controls, Inc. Accepted by: Title: Date: Nancy Lorch From: Jon Schmitt Sent: Friday, September 10, 2010 1:03 PM To: Nancy Lorch Subject: FW: Revised I&C Quote for Solids Project Attachments: Sol ids_Central_South_W W TP_Contract_082610Rev 1.pdf From: Tom Otto [mailtoaotto@aacontrolsinc.com] Sent: Friday, September 10, 2010 12:45 PM To: Jon Schmitt; Paul Rogers Cc: cpieper@hrgreen.com; ecoggin@hrgreen.com Subject: Revised I&C Quote for Solids Project Jon/Paul, Please find the attached revised quote for the I&C portion of the Solids project. Per Ed Coggin, I have added the 6 VFD's to the contract. Included in these services is the procurement of the material, panel fabrication and drive calibration/ startup services. If you have any questions, please do not hesitate to call me. If not, I will see you at the Council Meeting on the 21st. Thank you again. Have a great weekend! Advanced Automation & Controls, Inc. Thomas C. Otto, President 780 Ridgeview Drive Suite J McHenry, IL 60050 Phone: 815.578.0655 Fax: 815.578.0677 Cell: 815.307.4925 1 : AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: September 20, 2010 Regular City Council Meeting RE: Legend Lakes Subdivision Public Improvements ATTACHMENTS: 1) SEC Group, Inc. Bid Recommendation and Bid Results 2) Infrastructure Solutions, Inc. Proposal Background. On December 7, 2009, the City Council authorized staff to seek bids/proposals to construct the unfinished public improvements in the Legend Lakes Subdivision. Funding for the remaining public improvements will be provided by the $1.0 million dollar settlement with the surety company that held the public improvement bonds after Kimball Hill Homes filed bankruptcy. Bids were received on September 8, 2010 for the removal/replacement of the damaged sidewalks and driveway aprons, installation of new sidewalks, and landscaping of the public right of way. There were four(4)bidders for this project with bids ranging from$133,842.65 to $195,718.25. Analysis. SEC Group has analyzed and checked the bids for accuracy and recommends awarding the contract for the completion of the sidewalks, driveway aprons and landscaping in the Legend Lakes Subdivision to the lowest bidder, Greg Greenhill Construction Company, Inc. for the amount of $133,842.65. This is a unit price contract and the final cost of construction will be based on actual final quantities. SEC Group is recommending to spot repair damaged storm sewer pipes using a cured in place pipe (CIPP) liner. This method repairs the damaged storm sewer pipe without excavation therefore eliminating restoration of the excavated area. Infrastructure Solutions, Inc. is the qualified contractor in this area specializing in this type of work and has provided the attached lump sum proposal in the amount of$12,700.00. Recommendation. Staff recommends the following: 1) Award of bid for the completion of the sidewalks, driveway aprons and landscaping in the Legend Lakes Subdivision to Greg Greenhill Construction Company, Inc. for the amount of $133,842.65 (actual amount may vary based on quantities used). 2) Waive bidding requirement and approve the sole source service provider for performing CIPP repair to the storm sewer in the Legend Lakes Subdivision to Infrastructure Solutions, Inc. in the lump sum price of$12,700.00 SEC Group, Inc. An HR GreenC xrpany September 10,2010 Mr.Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 Re: Legend Lakes Buildout Recommendation for Award Job No.:MCHE-090379 Dear Mr. Schmitt: The City of McHenry(CITY)received four(4)bid proposals for the construction of the"Legend Lakes Buildout" at the bid opening on September 8, 2010. The four (4) bids ranged in price from $133,842.65 to $195,718.25. Please see the attached bid results for a complete breakdown. Based upon SEC Group, Inc., an HR Green Company's (SEC/HR Green) review of the bid documents, SEC/HR Green recommends that the CITY award the construction of the "Legend Lakes Buildout" to Greg Greenhill Construction Co., Inc. in the amount of$133,842,65. The Engineer's Opinion of Probable Cost(EOPC) for this work was$225,486.83. If you have any questions please call. Sincerely, SEC GROUP, INC., AN HR GREEN COMPANY Chad Pieper,P.E. Project Manager CJP Attachment Rrgmhnns\O:10903791Administration\bid-does\BuildouNtr-091010-Recommendaton for Award-Buildout.doex progress.innovation, expertise. 420 N.Front Street,Suite 100 IMeHenry,IL 60050 Phone:815.385.1778 IFax:815.385.1781 I www.swgmupiric.com Client: City of McHenry SEC Group Inc. Job Name: Legend Lakes Buildout an HR Green Company By: Chad J.Pieper,P.E. 420 North Front Street,Suite 100 Job No.: 090379 McHenry,Illinois 60050 Date: September 10,2010 815-85-1T78 OFFICIAL BID TAB r$29.2295.00 ers Estimate Alliance Contractors,Inc. Landmark Contractors, Greg Greenhill Chadwick Contracting Inc. Construction Co.,Inc. Company Item No. Item Unit Total Quantityt Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cos[ 1 EXISTING CONCRETE SIDEWALK REMOVAL&DISPOSEL S Ft 19020 $15,216.00 .95 59,414.90 $3.05 $5 801.10 $1.00 1 902. $2.40 ,564.80 EXISTING CONCRETE DRIVEWAY APRONS REMOVAL& 2 DISPOSEL Ft 16600 $8,300.00 $4.95 $8.217.00 $3.05 $5,063.00 $1.00 $1,660.00 $1.50 $2,490.00 3 TOPSOIL RE-SPREAD L.S. 1 0 $29,295.00 $98490.00 98490.00 $97.274.00 $97,274.00 000.00 600o.00 $81,900.00 $81900.00 4 SEEDING L.S, 1 0 $14,122.50 $28,965.00 $28,955.00 $28,610.00 $28,610.00 $18,000.00 $18,000.00 $27,500.00 $27,500.00 5 PORTLAND CEMENT CONCRETE SIDEWALK,4" S Ft 64790 $77,748.00 $5.00 $32.396.00 $5.65 $36.606.35 $4.70 $26.563.90 $3.90 $25.268.10 6 AGGREGATE BASE COURSE SIDWALKS,TYPE B,5' S Ft 45770 $9,154.00 $0.55 $2,517.35 $0.45 $2,059.65 $0.75 $3.432.75 $1.20 $5,492.407 PORTLAND CEMENT CONCRETE DRIVEWAY APRON,5" Ft 16600 $23,240.00 .15 $10 .00 $5.05 $8.383.00 $4.35 $7,221.00 $4.80 $7968 00 8 DETECTABLE WARNINGEach 38 . 0 $19,000.00 $145.00 $5,510.00 $133.00 $5,054.00 $238.50 $9,063.00 $168.86 $6,416.68 Sub-Totals $196.075.50 As-read $195,718.25 As-read $188.851.10 As-read $133,842.65 As-read $161,599.98 Contingency 20% $29,411.33 TOTAL $225,486.83 Corrected $195,718.25 Corrected $188,851.10 Corrected $133,842.65 Corrected 1$161,599.98 [j] crurer 312 illini Drive `nC. Yorkville, IL 60560 630-800-5452 S.E.C.Group, Inc. 7/4/2010 Attn: Chad Pieper 420 N. Front St,Suite 100 McHenry IL 60050 PROPOSAL: LEGEND LAKES, STORM SEWER IMPROVEMENTS,McHENRY IL PROPOSED AMOUNTS NO. ITEM IQTYIU/Ml PRICE I AMOUNT STORM SEWER TO BE REPAIRED BY CIPP SPOT REPAIR: 1 NH#1,C131-2A TO INL 1-213, 12" PIPE X 3' LF CIPP SPOT REPAIR 1 EA $ 1,995.00 $ 1,995.00 2 NH#6,7,8, C137-7 TO INL7-76, 15" PIPE X 4' LF CIPP SPOT REPAIR 1 EA $ 2,715.00 $ 2,715.00 3 NH#6,7,8, MI7-6 TO INL7-6A, 15"PIPE X F LF CIPP SPOT REPAIR 1 EA $ 3,175.00 $ 3,175.00 4 NH#6,7,8, C66-37 TO INL37B, 12"PIPE X 5' LF CIPP SPOT REPAIR 1 EA $ 2,715.00 $ 2,715.00 5 NH#6,7,8, MHO-29 TO FES6-29A, 10"PIPE X 4'LF CIPP REPAIR 1 EA $ 2,100.00 $ 2,100.00 PROPOSAL TOTAL $ 12,700.00 SCOPE OF WORK. The scope of this proposal includes: -Preparing the above specified location(s) to accept a liner. -Installing a spot repair liner at the above specified location(s) by the pull in place method. -Providing a televised proof of completion DVD and report. -Traffic Control The following will be supplied by others: -All water used in the above process -7lelll/U RANDY HARKER, INFRASTRUCTURE SOLUTIONS, INC. DATE PROPOSAL VALID FOR 30 DAYS SERVICES BILLED UPON COMPLETION OF REPAIRS NOT SUBJECT TO RETENTION WARRANTY-1 YEAR FROM DATE OF INSTALLATION TERMS-30 DAYS SIGNATURE OF ACCEPTANCE DATE MAYOR'S REPORT TO: City Council FROM: Mayor Susan E. Low FOR: September 20, 2010, Regular City Council Meeting Re: Planning and Zoning Commission Appointment At the September 20th City Council meeting, I intend to announce the appointment of Joseph Doherty to the Planning and Zoning Commission. Mr. Doherty has been selected to replace the position vacated by John Howell with a term ending April 30, 2011 . Please contact me prior to the meeting if you have any comments or objections to the appointment, thank you. City of McHenry Application for Committee, Commission or Board Mail or Deliver to: Office of the Mayor,City of McHenry,333 South Green St,McHenry IL 60050 Application for Appointment to �Lr1�v' b�/�'L' t �c��/'� Committee/Commission/Board. 1. Name: C Sib t'i`( . YC f��%Z� Spouse: x/•'`/t✓i�/Z 4 Y Address: 2! L -e G c.C•v 1-4,4 Phone: Home Sls e 9z -Z3 77 Work fls 363--7/vU Mobile ,f/s YZ-Z 3'7-7 City Resident Since: /&Z 2. In this Section please use P for Presently;F for Formerly: Elected or Appointed Positions Held; Member of Organizations(list offices held): ��%zf RA! � r✓�%I�R L �L 4� "N 3t�'9ii? ��' CNF.�<Z`! k��G•r�Yf-� C� �u�.[,° ti r3 k s TirZ�AS y 2 t-71 (r) Occupational Background: L'i T fr CF M eY,-A f y PC'Me 2�/s,PR,rc,y Nr'►i�/Z (f) Ftl S? r����� C`r?iZ /,✓i�sr•✓ tz �c�?r"t/L- Formal Education: L H7,ya t/C ,1(, SC.�fcY:t- CtAssiy ho Co 3.Do you or any of your close family or business connections own,hold stock in,serve as director of or work for any business which provides products or services to: City of McHenry N-0 Other Government Entity /y© If yes,please identify and explain: 4.Do you or any of your close family or business connections serve on any Committee,Commission,Board or otherwise with an organization or agency which has,or may have,any business or personal transactions with the Committee,Commission or Board to which you are making application? If "yes"please identify and explain: FA f? EAR/r",S 5. Are you generally familiar with'the functions and workings of the Committee/Commission/Board to which you are making application? YE,s Have you attended meetings of this body? r s What prompted you to apply for consideration of appointment to this position? f/tr O?,7e%? T4--1%'T`J erc '/vim !17A�'k r� C��i Y I' cc vt What studies,responsibilities,accomplishments,publications or community projects have you participated in or initiated which you feel may qualify.you for this position? 3 Cf ewZ y -✓ j CJiZfyA,%tY �r91'ift CEN' s. / t��°t TC 3I4�>6c E•MPt�Y�`F-� . ! /,�lA3 /+✓VoL.t✓c-'y Other comments: 97! ' ARVA�A)6• SiAt,^F.> rr 0u1Z F<lz-i•T t,912 ait-/ lit CYEAilV'19 .S my f tf tee HAVC- 0P'E-%Jc7J cep ,y't C.aA%iCA✓.o Other information you would like to include may be attached to this application.The Mayor,being responsible for appointments to Committees/Commissions/Board will interview each applicant personally. What days and times are you available: RN V ?//`16 - f R LL ,f/-' OcOZ, -Z3-7'7 q -P�Y Signed: i ^rC/ Date: - 1y The Mayor and the City of McIfenry wish to than you for your interest.It is appreciated! Date Received: Date Considered: lok-0 d D l b Action: Revised: 3/16/05