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Home My WebLink AboutPacket - 07/19/2010 - City Council City of McHenry a R 333 South Green Street r www.ci.mchenry.il.us McHenry,Illinois 60050-5495 - Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA Administration REGULAR CITY COUNCIL MEETING (815) 363-2100 Monday, July 19, 2010, 7:30 PM Fax (815) 363-2119 Construction and 1. Call to Order Neighborhood Services (815) 363-2170 2, Roll Call Fax (815) 363-2173 Finance Department 3. Public Input Session: 10 Minute Limitation (815) 363-2100 Fax (815) 363-2119 4. Consent Agenda: A. Block Party; Parks and Recreation B. July 12, 2010 City Council meeting minutes; and (815) 363-2160 C. List of Bills. Fax (815) 363-3186 5. Fence variance, 3207 Foxview Highland Drive Police Non-Emergency (815) 363-2200 6. Sign variance, Patriot Estates subdivision Fax (815) 363-2149 7. Recapture Agreement, Michael and Ann Eckstein, 1910 Orchard Beach Road Public Works (815) 363-2186 8, Mayor Statement and Reports Fax (815) 363-2214 9. Committee Reports Mayor 10. Staff Reports Susan E. Low 1 1. Future Agenda Items City Clerk Janice C. Jones 12. Executive Session: Personnel Treasurer 13. Action taken on matters discussed in Executive Session Steven C. Murgatroyd 14. Adjournment Aldermen WARD 1 Victor A. Santi Posted: July 14, 2010 WARD 2 Andrew A. Glab WARD 3 Jeffrey A. Schaefer 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 July 19, 2010, City Council meeting consists of the following items: A. Block Party; B. July 12, 2010 City Council meeting minutes; and C. List of Bills. CONSENT AGENDA SUPPLEMENT To: Mayor and City Council Fin: Deputy Clerk Kunzer For: July 19, 2010 regularly scheduled City Council Meeting Re: Block Party Request Background. Traditionally, during the summer and fall months, the Clerk's Office receives numerous requests for permission to hold block parties within the City limits. The requests usually entail blocking off streets at specific locations within a particular subdivision. The Public Works Department provides barricades. The Fire Department offers a visit by personnel and/or a fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission must be granted. Following Council approval, the Police Department, Public Works Department, McHenry Township Fire Protection District, and the Applicant are notified in writing of the approval. The following Block Party Request was received and requires Council approval: Saturday August 2e from noon until midnight Ron Bielski of 1719 Jennifer Lane is requesting the closure of Jennifer Lane between its intersections with Prestwick and Orleans Streets. Copies of the request and PIQ map are attached for your edification. Recommendation. To approve Block Party Request as submitted. /kmk 07/12/2010 05'.06 FAX 18476392199 DUREX INDUSTRIES r�oo1/001 Fax#815-363-2128 Attu. McHenry City Counsel To: McHenry City Counsel 333 S_Green Street McHenry, 1160050 Fax#815-363-2128 From: Ron Bielski 1719 Jennifer Lane McHenry, 1160050 Phone Home#815-344-9343 Work#847462-2681 Date., 7/12/10 Re: Approval for block party We are asking for approval to have a block party on Saturday August 28th,2010,We will need to close off the intersections of Jennifer and Prestwick and Jennifer and Orleans in the Mill Creek subdivision.We would like to have these closed off from 12.00 PM to 11:59 PM.Please advise at your convenience that you have received this request and upon review.the outcome of this request. RAgards, ��(� �� a &�`'i. Ron Bielski Mill Creek OC Par ty t y PIQ F S 54; n r pp , �'i PR "M�LY • PRWIV,*CK i -I• -... DR � a k i s �— .. � .�� --�——�",�' r�.' J�^'/'t.� r—•ter 4 i 1 _.. ------------ uuRLW Le ` 4 i y 1 •„ r - r REGULAR MEETING July 12, 2010 Mayor Low called the regularly scheduled July 12, 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 Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Finance Director Black, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Chief of Police Brogan. PUBLIC INPUT SESSION Mr. Kenneth Diedrich of 307 Dale addressed Council and announced that he strongly objected to the two police officers stationed outside the Council chambers during Council meetings. He noted he also objects to Gary Lang's tax rebate. Mr. Michael Vick of 900 Yorktown in Patriot Estates addressed Council stating he believes the project has not complied with the 55 and older requirements of Housing for Older Persons Act (HOPA). HOPA requirements allow the community be more strict on the 55 and older regulations and Mr. Vick stated he believes Cunat is renting units to people that are not qualified to live in the subdivision. CONSENT AGENDA Motion by Wimmer, seconded by Blake,to approve the Consent Agenda as presented: A. Ordinance amending Municipal Code Chapter 13,Article II,Vehicle Impoundment; B. Request for block party with live entertainment and special event liquor license for PLAV annual party on August 1, 2010; C. Block Party request: Matthew Olk,3701 Main Street,Closure of Fourth Street on August 7,2010; D. City Council Minutes: June 14,2010 regularly scheduled meeting; June 28,2010 regularly scheduled meeting; E. List of As-Needed Checks: BLUE CROSS BLUE SHIELD O 109,250.80 COCO KEY WATER RESORT 497.11 COUNTY CLERKS OFFICE 20.00 ECKSTEIN, MICHAEL 24,437.70 FOP UNITS I/II 912.00 HERITAGE TITLE COMPANY 1,423.00 HLADISH, MARK 750.00 HOME DEPOT/GECF 961.76 IUOE, LOCAL 150 1,966.50 MCANDREWS PC, THE LAW OF 6,800.00 MCHENRY COUNTRY CLUB 140,000.00 MCHENRY POLICE OFFICER'S 987.00 MERKEL, MARISA 901.37 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 304.00 PETTY CASH FUND 640.00 POSTMASTER MCHENRY IL 1,261.75 PRE-PAID LEGAL SERVICES 142.45 RESERVE ACCOUNT 3,408.40 SAM'S CLUB 991.46 SECRETARY OF STATE 95.00 Regular Meeting Page 2 July 12,2010 SECRETARY OF STATE/INDEX 10.00 STAPLES CREDIT PLAN 58.98 TRAILS SWIM TEAM 357.00 UNITED PARCEL SERVICE 123.38 UNITED WAY OF MCHENRY CO 196.28 UNUM 1,560.27 GRAND TOTALS 298,098.54 FUND TOTALS GENERAL FUND 21,246.46 PAGEANT FUND 901.37 WATER/SEWER FUND 839.21 UTILITY IMPROVEMENTS FUND 141,423.00 EMPLOYEE INSURANCE FUND 109,250.80 RETAINED PERSONNEL ESCROW 24,437.70 TOTALS 298,098.54 F. List of Bills: A-YARD CORP 280.00 ADAMS ENTERPRISES INC, R. 75.00 ADAMS STEEL SERVICE INC 17.59 ADVANCED AUTOMATION AND 945.00 AFTERMATH INC 285.00 ALEXANDER EQUIPMENT RENT 4,743.32 AMELIO, ROBERT 282.00 ANDERSON, LORI 93.00 AQUAPREP 5,764.00 ARAMARK 107.98 AT&T 2,800.82 AUTO TECH CENTERS INC 565.44 BANKCARD SERVICES 420.21 BATTERIES PLUS 134.40 BAXTER & WOODMAN 120.00 BENTZ, DONALD J 127.50 BERGGREN, LEE 263.00 BIRK, JOHN 144.07 BLACKSTONE LANDSCAPE INC 10,261.25 BREMER, CURTIS H 156.00 BRENNAN, DAN 980.00 BROWNELLS INC 16.70 BUSS FORD SALES 17.74 CDS OFFICE TECHNOLOGIES 10,958.00 CDW GOVERNMENT INC 235.76 CERTIFIED FLEET SERVICES 450.00 COIL RACING ENGINES 200.00 COLORADO TIME SYSTEMS IN 425.00 COMCAST CABLE 74.90 COMED 26,872.07 CONSERV FS 137.00 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 1,247.88 CROWDER, TRACY 25.85 CURRAN CONTRACTING COMPA 503.59 DAHL, FRED 358.00 DEBOLT, JUSTIN 23.25 DELISI, PHIL 300.00 DOCUMENT IMAGING DIMENSI 516.00 DONS CLEANERS 7.40 DURA WAX COMPANY INC, TH 160.65 ED'S AUTOMOTIVE/JIM'S MU 218.00 ED'S RENTAL & SALES INC 105.00 EDER CASELLA & CO 20,000.00 FISCHER BROS FRESH 653.63 FLESCH COMPANY INC, GORD 428.06 FOWLER, JEFF R 115.00 FOXCROFT MEADOWS INC 16.32 G IMPRESSIONS INC 150.00 GENESIS TRUCK & AUTO PAR 493.16 GOLD MEDAL PRODUCTS 471.95 Regular Meeting Page 3 July 12,2010 GROVE, KELLY 121.88 HALOGEN SUPPLY COMPANY 1,678.70 HANSEN'S ALIGNMENT, DON 65.00 HARM'S FARM 60.64 HARRISON, JANET 62.00 HAWKINS INC 1,467.72 HOLIAN, CAROL 17.70 HYDROTEX 1,238.54 ILLINOIS AUDIO PRODUCTIO 135.00 ILLINOIS CITY/COUNTY MAN 283.75 ILLINOIS EPA 31,000.00 INNOVATIVE PACKAGING INC 94.00 INTERSTATE BATTERY SYSTE 99.60 IRISH PRAIRIE RECREATION 500.00 ITH ENGINEERING INC 830.00 J G UNIFORMS INC 159.42 JC LICHT/EPCO 480.00 JUSTEN, MARK 2,313.00 KALE UNIFORMS INC 73.80 KIMBALL MIDWEST 159.49 KLEAN, TRACY 64.20 KOLNER, KIMBERLY 3.85 KREASSIG, DANIEL 138.17 LANG PONTIAC-CADILLAC-SU 117.05 LEXISNEXIS 119.50 LIFEGUARD STORE INC, THE 114.00 LINE, GARY 64.80 LUNKENHEIMER, PATTIE 14.00 MARATHON GAS 30.00 MARATHON TOWING 65.00 MARTELLE WATER TREATMENT 1,186.90 MAZZUCA, JOE 138.00 MCANDREWS PC, THE LAW OF 6,800.00 MCH CTY MUNICIPAL RISK M 456,798.00 MCHENRY ANALYTICAL WATER 385.00 MCHENRY POWER EQUIPMENT 14.00 MCHENRY SCHOOLS TRANSPOR 733.21 MCHENRY SPECIALTIES 419.00 MCMASTER-CARR SUPPLY CO 73.79 METROPOLITAN INDUSTRIES 1,739.37 MIDWEST HOSE AND FITTING 36.32 MOORE, KEVIN 229.50 MORRIE AND SONS INC 165.00 NICOR GAS 554.17 OLD TOWNE PIZZA 62.00 PEPSI BEVERAGE COMPANY 570.37 PETERSEN, NICOLE 6.00 PETROLIANCE LLC 11,788.49 PETTIBONE & CO, P F 27.95 PITEL SEPTIC INC 200.00 PRECISION SERVICE & PART 159.98 PRIME TACK & SEAL CO 796.95 PROSAFETY INC 120.95 REISHUS, DEIRDRE 189.00 RICCI, DONNA 8.49 RIVERSIDE BAKE SHOP 121.14 ROTARY CLUB OF MCHENRY 437.53 ROWE, HERBERT W 75.00 S-F ANALYTICAL LABORATOR 485.00 SALON UNIQUE 30.00 SCHWEITZER, BRIAN H 150.00 SEC GROUP INC 29,581.86 SHAW SUBURBAN MEDIA 98,00 SHERWIN INDUSTRIES INC 2,962.07 SILVA, ANA 66.00 SIRCHIE FINGER PRINT LAB 438.58 SPENGEL, TRISH 41.25 ST PAULS EPISCOPAL CHURC 230.55 STANS OFFICE TECHNOLOGIE 179.00 STAPLES BUSINESS ADVANTA 120.01 Regular Meeting Page 4 July 12,2010 STAYWELL 27.02 SUNBURST SPORTSWEAR INC 1,442.88 TEGTMEIER, TERRY 92.00 TRAFFIC CONTROL & PROTEC 1,169.88 UNITED STATES POSTAL SER 75.00 VALENTINES REPAIR 101.09 VALLEY POPCORN CO 1,125.50 VALLEY VIEW ACRES 340.00 VIKING CHEMICAL COMPANY 1,303.00 VLCEK, PEGGY 5.40 WASTE MANAGEMENT OF WI P 13,866.24 WHOLESALE DIRECT INC 65.70 WILSON NURSERIES INC 86.00 WUNDERLICK - MALEC 226.00 ZAHN, DAN 408.00 ZARNOTH BRUSH WORKS INC 462.50 ZEP SALES & SERVICE 327.91 GRAND TOTALS 674,669.85 FUND TOTALS GENERAL FUND 89,947.51 PAGEANT FUND 150.00 AUDIT EXPENSE FUND 20,000.00 CAPITAL IMPROVEMENTS FUND 12,995.81 WATER/SEWER FUND 78,574.76 UTILITY IMPROVEMENTS FUND 8,839.80 RISK MANAGEMENT FUND 459,487.12 INFORMATION TECHNOLOGY FUND 1,071.10 RETAINED PERSONNEL ESCROW 3,603.75 TOTALS 674,669.85 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR MINOR VARIANCE—DAVID KALLAY 500 BALLY ROAD Deputy City Administrator Martin stated Mr. David Kallay, property owner of 500 Bally Road, is requesting two minor variances to allow an existing 256 square foot shed on his property. The variances requested are to allow more than two accessory structures on the premises and permission to exceed the maximum area of 1,000 square feet for all accessory structures on the site. Deputy City Administrator Martin noted the applicant appeared at a Public Hearing before the Planning and Zoning Commission on March 4, 2010 where a request for four variances was recommended for denial by a 5-2 vote. The four variances being requested at that time included: 1. Placement of more than two accessory structures on the subject property; 2. Exceeding the maximum area of 1,000 square feet for all accessory structures on the property; 3. Permitting an accessory structure to be located in the required side yard less than three feet from the property line; 4. Permitting less than the minimum separation distance required between accessory structures on a site. Regular Meeting Page 5 July 12,2010 Deputy City Administrator Martin noted the applicant has since relocated the accessory structure on his property, and now no longer requires four variances. He noted since the applicant has been cooperative and reduced the need for four variances and made an attempt to bring his property closer into compliance, Staff supports the request for the two remaining variances: 1. To allow more than two accessory structures on a residential property; 2. To exceed the maximum cumulative area of 1,000 square feet for accessory structures on the premises. Deputy City Administrator Martin noted since there was a recommendation of denial from the Planning and Zoning Commission, a vote of 5 of 7 aldermen is required to override the recommendation. Alderman Santi stated he has spoken with Mr. Kallay and noted the accessory structures are not unsightly and are aesthetically pleasing. Alderman Glab opined the applicant should have complied with City ordinances. If a variance is issued, then the City is condoning a future non-compliance issue as a precedent would be set. Alderman Schaefer stated the contractor should have been knowledgeable regarding City requirements relating to accessory structures. Alderman Wimmer stated he had no problem with the request, particularly as the applicant has a large lot. Alderman Peterson noted a mistake was made, but the resident should not be penalized for the error. He concurred the structures were aesthetically pleasing. Alderman Schaefer noted he is pleased the applicant is working with Staff to correct his mistake. Alderman Glab expressed concern that he could not find the proper address posted on the property. Alderman Peterson noted his only concern is that the "shed" is built according to City code requirements. The applicant has already paid one and one-half times the building permit fee for his error in not securing a permit prior to construction of the shed. Motion by Santi, seconded by Wimmer, to accept Staffs recommendation and to overrule the recommendation of the Planning and Zoning Commission, to pass an ordinance providing for the following variances to David Kallay for his property located at 500 Bally Road: 1. To allow four accessory structures on the subject property; Regular Meeting Page 6 July 12,2010 2. To allow 1,621 square feet for all accessory structures on the subject premises. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. LEASE AGREEMENT FOR MAIN STREET STATION LOCATED AT 4005 WEST MAIN STREET—TREY AND TOM CORPORATION Deputy City Administrator Martin stated Council annually considers a lease with Trey and Tom Corporation for the rental of the train station on an annual basis. The corporation operates Main Street Saloon on the premises. The property is leased by the City from the Union Pacific Railroad, and the City in turn sub-leases the building to Trey and Tom Corporation. The amount of the lease would remain at $950 per month. The lease would be for one year with an option to renew for one year. It is Staff's recommendation to approve the lease as presented. Alderman Glab stated everyone is pleased with the tenant. The City is fortunate to have such a responsible tenant on the site. Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to approve a lease agreement with Trey and Tom Corporation for the term of one year beginning September 1, 2010 with an option to renew for an additional year for the Union Pacific Railway Station located at 4005 West Main Street, including a monthly rental payment of$950. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROVIDING FOR AMENDMENT TO MUNICIPAL CODE CHAPTER 14 RELATING TO TOBACCO REGULATIONS Deputy City Administrator Martin stated a letter was received from Kevin Chrzanowski of Zukowski, Rogers, Flood and McArdle recommending the City pass an ordinance revising current tobacco regulations contained in Municipal Code, Chapter 14. He noted the state statutes have been amended requiring each municipality to update local ordinances which govern tobacco sales and use. Deputy City Administrator Martin noted the proposed ordinance contains provisions relating to the requirement that tobacco vendors complete a vendor education program prior to the license being issued. He suggested removing that provision as a requirement of the ordinance as it has never been enacted. It is Staff's recommendation the ordinance provided by Mr. Chrzanowski be approved as amended. Regular Meeting Page 7 July 12,2010 Motion by Santi, seconded by Wimmer, to accept Staff's recommendation to pass an ordinance providing for the amendment of the Municipal Code Chapter 14 Sections 14-37 through 14-44, Tobacco Regulations, subject to the deletion of the provision requiring completion of a Vendor Education Program by prospective licensees. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO ISSUE $5 66 MILLION IN GENERAL OBLIGATION BONDS FOR CWWTP AND SWWTP SANITARY SYSTEM IMPROVEMENTS Finance Director Black stated in March 2010 the Council approved proceeding with the project to improve the sanitary sewer system. The total estimated cost of the project is $7.86 million which includes the following improvements: 1. Modifications to the raw wastewater pumping station at the CWWTP; 2. Construction of the force main providing the conveyance between the CWWTP and SWWTP; 3. Installation of fine screen units at both the CWWTP and SWWTP; and 4. Various upgrades to the CWWTP. Director Black stated it is Staff's intention to fund the project through a combination of Capital Development Fees ($2.2 million) and bond proceeds ($5.66 million). The City would issue the bonds through the Build America Bonds Program. He noted local governments participating in the program may issue taxable bonds in lieu of tax-exempt bonds for governmental purposes and receive a rebate equal to 35% of the interest paid over the life of the bonds. The bonds would be repaid using revenue from the existing debt service fee charged to sewer customers. Director Black noted the bidding for the components of the Project has come in under budget thus far. He stated Staff is seeking authorization to proceed with the issuance of $5.66 million in General Obligation Bonds for Sanitary Sewer System Improvements at the CWWTP and SWWTP. Alderman Peterson inquired about the bond solicitation process. Director Black explained factors involved in the issuance of bonds, noting the City would pledge sewer revenues to fund payment of the General Obligation Bonds. Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to authorize Staff to proceed with the issuance of $5.66 million in General Obligation Bonds to augment Capital Development Fees in the amount of $2.2 million to fund the CWWTP and SWWTP Sanitary Sewer System Improvements Project. Regular Meeting Page S July 12,2010 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 23 IMPOSING A HOME RULE MUNICIPAL RETAILER'S OCCUPATION TAX AND MUNICIPAL SERVICE TAX Director Black stated a Public Hearing was held on June 7, 2010 to offer an opportunity for public comments/questions relating to a possible increase in Local Municipal Retailer's Occupations Tax and Local Municipal Service Occupation Tax as permitted by the City being recognized as a Home Rule City. As outlined at the Public Hearing and during earlier budget discussions prior to the adoption of the 2010-2011 Fiscal Year Budget, Staff has utilized several cost-cutting measures, including significant Staff reduction in order to reduce the budget deficit. He noted the budget deficits projected for future years are due in large part to an increase in the City's contribution to police pension funding as mandated by State Statute. Director Black presented a PowerPoint slideshow outlining and clarifying the budget shortfall, particularly in the General Fund. He provided additional information regarding how the Police Pension is operated and regulated by State Statute, Director Black noted the second contributing factor in the General Fund shortfall is the fundamental gap between annual revenues and expenses which has been exacerbated by the economic downturn and slow recovery. He noted the City has made significant spending reductions in an effort to address the structural deficit and the decline in revenue. It would appear at this time the only means of bringing the General Fund into balance is to increase City funding. The proposed .5% increase in Local Sales Tax would create the revenue required and at the same time allow residents to have a lower tax burden than residents of other nearby municipalities. If implementation of the Local Sales Tax is not approved, Staff and service reductions would have to be used to eliminate the deficit projects for FY 2011-2012. Alderman Glab inquired if other municipalities applied local sales tax to titled vehicles (i.e. cars, boats, etc). Director Black responded he does not believe they do, but agreed to look into it and provide Council with the information. Alderman Glab inquired if anyone has looked into establishing a municipal transfer tax on real estate. Director Black stated that tax must be initiated by referendum. Alderman Peterson requested an explanation of Home Rule Sales Tax. Director Black provided an explanation which items can and cannot be taxed, as a result of Home Rule Municipal Retailer's Occupation Tax and Municipal Service Tax. He noted food, medicine and titled vehicles cannot be taxed with the Home Rule Municipal Retailer's Occupation Tax and Municipal Service Tax. Regular Meeting Page 9 July 12,2010 Alderman Santi inquired about the 1% telecommunications tax, and asked if any surrounding municipalities have as low a telecommunications tax as McHenry. Director Black responded the 1%telecommunication tax generates about$180,000 per year. Alderman Schaefer asked if the telecommunications tax is applicable to everyone in the community. Director Black stated the tax is applied to both landlines and cellular phones. Alderman Schaefer thanked those members of the community who had contacted him and provided information regarding this issue. He stated most of the business people he spoke with understand that the tax would not affect them directly. He further stated as part of the Finance and Personnel Committee, he can attest there is not a lot of "fluff" in the budget. He stressed the importance of looking at what would benefit the community as a whole. Alderman Blake noted Alderman Schaefer made some valid points. He stated of all the options presented, a sales tax makes the most sense. However, asking people that have already made cuts to make more cuts is difficult. He still has some serious concerns. Alderman Condon stated in seven years she has faced many issues that have been controversial, but they were isolated. This issue affects the entire community. She thanked everyone who has approached her to offer their input regarding this topic. She noted those persons are part of the solution. She stated she has encountered as many in support of the tax as those who are opposed. Alderman Condon continued stating even with the increase in sales tax, the overall burden would be less or equal to the present. One of her biggest fears is that if the funding issues that are present currently are not addressed, the City will fall so far behind that it would be unable to catch up. Even with the tax increase, some cuts may still need to be made. Alderman Condon asked Council members to consider that as the economy improves tax revenues increase. She suggested the tax be implemented at a rate of.25% in 2011 and another .25% in 2012. Alderman Peterson stated he heard discussion regarding extended time to fund the Police Pension Plan. Director Black noted he has not heard anything recently about an extension of fully funding the plan. Alderman Peterson expressed concern that $1.5 million would not be reached through eligible sales tax receipts. Director Black responded figures are projected based in proportion to current tax receipts on the existing 1%tax. Alderman Peterson asked if $1.5 million could be generated, he would like to see the City dispose of the annual vehicle sticker requirement which generates a minimal amount of income for the City. Alderman Peterson questioned if the economy turns around, could the Local Sales Tax be repealed? He wondered if after two years Council would be able to consider its repeal. He suggested a possible sunset clause could be included in the motion regarding this matter. Alderman Peterson stated he would have liked to see a special recreational tax implemented instead of the local sales tax. He noted he would still like to see some additional cuts made to offset the projected shortfall. Regular Meeting y Page 10 July 12,2010 Alderman Glab commented on government spending in general, citing employee salaries. He noted if a decision regarding this tax is to be made with a vote being taken this evening which included no time constraints or sunset clause, it could potentially put a burden on another Council in the future. Alderman Santi thanked Council for their input and the citizens of the community for their attendance. He stated he reached out to people in the community to learn the feeling of residents regarding the potential tax increase. He noted July 2008 was the last time the City made any capital expenditures. He expressed concern regarding the expenditures that have been delayed due to budget constraints. He stated he is open to revisiting the tax at a future date to consider its repeal if it is no longer needed. Alderman Santi stated he is present as an alderman prepared to make a decision that is best for the City and not solely for himself as an individual. Mayor Low stated she realizes each of the aldermen is agonizing about the decision to implement a local sales tax. The City is in the business of customer service with the responsibility to provide residents with affordable quality of life and to provide employees with the tools they need to do their job. Mayor Low stated she realizes Council views its responsibility very seriously. Mayor Low stated everything mentioned regarding this issue this evening is very legitimate and needs to be recognized in the consideration of this matter. She thanked the aldermen for their efforts in making an informed decision. Alderman Condon stated she would not want to see an expiration date included on the local sales tax, but it should be examined as to its need every year. She stated the City did nothing wrong, there is no finger-pointing or blame to be assigned. The City has been responsible regarding employee salaries and increases. Alderman Peterson inquired if internet sales could be taxed. Director Black responded in the negative. Alderman Peterson stated he is in favor of putting an expiration date on the tax and reviewing its need periodically. Alderman Wimmer stated there is not a good tax; no one is happy about the implementation of a new tax. He stated, however, that the local sales tax would impact people the least of any of the other options to increase revenue. Alderman Peterson stated personnel cuts have not been adequately addressed nor in sufficient detail. Mayor Low stated she does not know how personnel issues can be addressed in detail without reopening the entire budget process for the 2010-2011 fiscal year. Director Black affirmed the Mayor was correct. Mayor Low stated the local sales tax, if passed, would not go into effect until January 1, 2011. Regular Meeting Page 11 July 12,2010 Alderman Schaefer stated he is not in favor of putting a time limit on the proposed local sales tax. He stated he agrees Council could look at other avenues for revenue enhancement, such as maintaining and growing a business base in the community. Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to pass an ordinance amending Municipal Code Chapter 23 by implementing a Home Rule Municipal Retailer's Occupation Tax and Home Rule Municipal Service Occupation Tax in the amount of .5%effective January 1, 2011. Voting Aye: Santi, Schaefer, Wimmer, Condon. Voting Nay: Glab, Blake, Peterson. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported Sunday, July 18t" is the Fiesta Days Parade and advised Council members who were planning to participate to contact Assistant City Administrator Hobson. She noted the first weekend of Fiesta Days was successful, was very well-attended, and no incidents were reported. She expressed her appreciation to the McHenry Chambers and City personnel. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Assistant City Administrator Hobson provided details of the remainder of the Fiesta Days schedule of events. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: POTENTIAL LITIGATION AND PERSONNEL Mayor Low requested a motion to adjourn to Executive Session to discuss Potential Litigation and Personnel. Motion by Santi, seconded by Wimmer, to go into Executive Session to discuss Potential Litigation and Personnel at 9:25 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:34 p.m. Regular Meeting Page 12 July 12,2010 Motion by Wimmer, seconded by Blake,to go back into Open Session at 10:35 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:35 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken in Open Session regarding matters discussed in Executive Session. ADJOURNMENT Motion by Wimmer, seconded by Peterson,to adjourn the meeting at 10:36 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 10:36 p.m. Mayor City Clerk :-DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ________ ------------------ --------------------------------------------------------- 10070471 100 41 1 ABIOL, CONNIE PARKS PROGRAM REFUND 07/19/10 0 071310 85.00 100.41.3634 1007 071310 GLJ0622 85.00 071310 10070573 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S JUNE 2010 MATERIALS & SUPPLIES 07/19/10 0 071410 1,507.22 100.01.6110 1007 071410 GLJ0629 225.82 071410 100.33.6110 1007 071410 GLJ0629 418.51 071410 100.22.6210 1007 071410 GLJ0629 10.75 071410 100.42.6110 1007 071410 GLJ0629 407.90 071410 100.43.6110 1007 071410 GLJ0629 36.64 071410 100.44.6110 1007 071410 GLJ0629 46.09 071410 100.47.6110 1007 071410 GLJ0629 39.88 071410 100.45.6110 1007 071410 GLJ0629 321.63 071410 10070574 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S JUNE 2010 MATERIALS & SUPPLIES 07/19/10 0 071410 833.08 510.31.6110 1007 071410 GLJ0629 373.39 071410 510.32.6110 1007 071410 GLJ0629 459.69 071410 10070472 100 22 1077 ACE TOWING & RECOVERY 6027 VEHICLE TOWING SERVICES 07/19/10 0 071310 125.00 100.22.5110 1007 071310 GLJ0622 125.00 071310 10070473 510 32 1114 ADVANCE AUTO PARTS JUNE 2010 SUPPLIES 07/19/10 0 071310 167.76 510.32.6110 1007 071310 GLJ0622 167.76 071310 10070575 100 33 1251 AGS REBUILDERS 1511 VEHICLE REPAIR PARTS 07/19/10 0 071410 159.00 100.33,5370 1007 071410 GLJ0629 159.00 071410 10070474 100 42 1438 AMERICAN RED CROSS OF GR 53485 WATER SAFETY TRAINING 07/19/10 0 071310 4.00 100.42.6110 1007 071310 GLJ0622 4.00 071310 10070475 100 41 1438 AMERICAN RED CROSS OF GR 53650 WATER SAFETY TRAINING 07/19/10 0 071310 13.00 100.41.5430 1007 071310 GLJ0622 13.00 071310 10070476 100 22 1488 ANCHOR TOWING 23534 VEHICLE TOWING SERVICES 07/19/10 0 071310 125.00 100.22.5110 1007 071310 GLJ0622 125.00 071310 10070569 100 41 1 ANELLI, MAUREEN PARKS PROGRAM REFUND 07/19/10 0 071310 20.00 100.41.3637 1007 071310 GLJ0626 20.00 071310 10070477 100 XXXXX 1450 AT&T JULY/AUG ALARM CIRCUITS 07/19/10 0 071310 107.73 100.43.5320 1007 071310 GLJ0622 28.60 071310 100.46.5320 1007 071310 GLJ0622 29.20 071310 100.33.5320 1007 071310 GLJ0622 49.93 071310 10070478 510 XXXXX 1450 AT&T JULY/AUG ALARM CIRCUITS 07/19/10 0 071310 10.95 510.31.5320 1007 071310 GLJ0622 9.66 071310 510.32.5320 1007 071310 GLJ0622 1.29 071310 10070479 XXXXX XXXXX 1450 AT&T JULY/AUG CENTREX PHONE LINES 07/19/10 0 071310 2,697.85 100.01.5320 1007 071310 GLJ0622 554.94 071310 100.02.5320 1007 071310 GLJ0622 55.06 071310 100.22.5320 1007 071310 GLJ0622 662.12 071310 DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ---------------------------------------------------------- ----------------------- 100.30.5320 1007 071310 GLJ0622 223.14 071310 100.33.5320 1007 071310 GLJ0622 571.03 071310 100.41.5320 1007 071310 GLJ0622 110.12 071310 100.42.5320 1007 071310 GLJ0622 57.09 071310 100.43.5320 1007 071310 GLJ0622 55.10 071310 100.44.5320 1007 071310 GLJ0622 110.12 071310 100.45.5320 1007 071310 GLJ0622 167.28 071310 620.00.5110 1007 071310 GLJ0622 131.85 071310 10070480 510 XXXXX 1450 AT&T JULY/AUG CENTREX PHONE LINES 07/19/10 0 071310 724.10 510.31.5320 1007 071310 GLJ0622 445.19 071310 510.32.5320 1007 071310 GLJ0622 278.91 071310 10070481 100 01 1452 AT&T LONG DISTANCE 857237047 LONG DISTANCE PHONE SERVICE 07/19/10 0 071310 1.05 100.01.5320 1007 071310 GLJ0622 1.05 071310 10070490 510 31 2039 B&W CONTROL SYSTEMS INTE 151026SCADA SUPPORT SERVICES 07/19/10 O 071310 845.00 510.31.5110 1007 071310 GLJ0622 845.00 071310 10070482 510 31 2035 BAXTER & WOODMAN 151027GIS MANAGEMENT 07/19/10 0 071310 5,764.50 510.31.5110 1007 071310 GLJ0622 5764.50 071310 10070483 100 47 2139 BELLMORE, STEVE 7/11/10 BASKETBALL OFFICIAL 07/19/10 0 071310 40.00 100.47.6920 1007 071310 GLJ0622 40.00 071310 10070484 100 03 2636 BRENNAN, DAN 6/29/10 MOWING SERVICES 07/19/10 0 071310 770.00 100.03.5110 1007 071310 GLJ0622 770.00 071310 10070485 100 03 2636 BRENNAN, DAN 6/29/10 MOWING SERVICES 07/19/10 0 071310 210.00 100.03.5110 1007 071310 GLJ0622 210.00 071310 10070486 100 22 2765 BUSS FORD SALES 37089 VEHICLE REPAIR PARTS 07/19/10 0 071310 1,600.00 100.22.5370 1007 071310 GLJ0622 1600.00 071310 10070487 100 22 2765 BUSS FORD SALES 37129 VEHICLE REPAIR PARTS 07/19/10 0 071310 57.92 100.22.5370 1007 071310 GLJ0622 57.92 071310 10070488 510 31 2765 BUSS FORD SALES 37130 VEHICLE REPAIR PARTS 07/19/10 0 071310 49.90 510.31.5370 1007 071310 GLJ0622 49.90 071310 10070489 100 22 2765 BUSS FORD SALES 37212 VEHICLE REPAIR PARTS 07/19/10 0 071310 72.22 100.22.5370 1007 071310 GLJ0622 72.22 071310 10070491 100 XXXXX 3015 CARQUEST AUTO PARTS STOR JUNE 2010 VEHICLE REPAIR PARTS 07/19/10 0 071310 689.11 100.01,5370 1007 071310 GLJ0622 20.37 071310 100.01.6110 1007 071310 GLJ0622 4.57 071310 100.03.5370 1007 071310 GLJ0622 11.28 071310 100.22.5370 1007 071310 GLJ0622 595.75 071310 100.33.5370 1007 071310 GLJ0622 12.83 071310 100.45.5370 1007 071310 GLJ0622 44.31 071310 • DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ---------------------------------------------------------------------------------' 10070492 510 31 3015 CARQUEST AUTO PARTS STOR JUNE 2010 VEHICLE REPAIR PARTS 07/19/10 0 071310 12.99 510.31.5370 1007 071310 GLJ0622 12.99 071310 10070493 620 00 3135 CDW GOVERNMENT INC TDC9798 PRINTER 07/19/10 0 071310 205.29 620.00.6270 1007 071310 GLJ0622 205.29 071310 10070494 100 33 6635 CHICAGO INTERNATIONAL TR 111127451 VEHICLE REPAIR PARTS 07/19/10 0 071310 11.84 100.33.5370 1007 071310 GLJ0622 11.84 071310 10070576 100 33 6635 CHICAGO INTERNATIONAL TR 111127050 VEHICLE REPAIR PARTS 07/19/10 0 071410 326.60 100.33.5370 1007 071410 GLJ0629 326.60 071410 10070577 100 33 6635 CHICAGO INTERNATIONAL TR 111127289 VEHICLE REPAIR PARTS 07/19/10 0 071410 487.92 100.33.5370 1007 071410 GLJ0629 487.92 071410 10070495 510 32 3285 CINTAS CORPORATION #355 355992/999EMPLOYBE UNIFORM RENTALS 07/19/10 0 071310 494.70 510.32.4510 1007 071310 GLJ0622 494.70 071310 10070496 510 32 3285 CINTAS CORPORATION #355 355992/999FLOOR MAT RENTALS & SOAP 07/19/10 0 071310 164.10 510.32.6110 1007 071310 GLJ0622 164.10 071310 10070497 100 33 3285 CINTAS CORPORATION #355 355841098 EMPLOYEE CLOTHING ALLOWANCE 07/19/10 0 071310 186.94 100.33.4510 1007 071310 GLJ0622 166.94 071310 10070498 100 01 3285 CINTAS CORPORATION #355 355-01002 EMPLOYEE UNIFORM RENTALS 07/19/10 0 071310 120.40 100.01.4510 1007 071310 GLJ0622 120.40 071310 10070499 100 01 3285 CINTAS CORPORATION #355 355-01002 FLOOR MAT RENTALS 07/19/10 0 071310 444.80 100.01.6110 1007 071310 GLJ0622 444.80 071310 10070500 100 33 3285 CINTAS CORPORATION.#355 355-01000 EMPLOYEE UNIFORM RENTALS 07/19/10 0 071310 190.10 100,33.4510 1007 071310 GLJ0622 190.10 071310 10070501 100 33 3285 CINTAS CORPORATION #355 355-01000 FLOOR MAT RENTALS 07/19/10 0 071310 14.60 100.33.6110 1007 071310 GLJ0622 14.60 071310 10070502 100 33 3509 COMCAST CABLE 7/12-8/11 INTERNET SERVICES 07/19/10 0 071310 50.02 100.33.5320 1007 071310 GLJ0622 50.02 071310 10070503 510 XXXKX 3509 COMCAST CABLE 7/12-8/11 INTERNET SERVICES 07/19/10 0 071310 25.77 510.31.5320 1007 071310 GLJ0622 22.74 071310 510.32.5320 1007 071310 GLJ0622 3.03 071310 10070504 620 00 3532 COMMUNICATIONS REVOLVING T1045315 COMMUNICATION CHARGES 07/19/10 0 071310 105.00 620.00.5110 1007 071310 GLJ0622 105.00 071310 10070505 100 01 3559 COUNTY CLERKS OFFICE SCIAMENOTARY COMMISSION RENEWAL 07/19/10 0 071310 10.00 100.01.6940 1007 071310 GLJ0622 10.00 071310 10070506 100 01 3733 CULVERS OF MCHENRY 6/27/10 DAY AT THE FARM LUNCH VOUCH 07/19/10 0 071310 224.00 100.01.4220 1007 071310 GLJ0622 224.00 071310 100-LDMKCOM DATE 7/14/2010 09:58 AM CITY OF MCHENRY LIST OF BILLS COUNCIL MEETING 7/19/10 PAGE ` 4 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 ------------------------------------------------------------------ 10070507 100 33 3742 CURRAN CONTRACTING COMPA 73422 MATERIALS 07/19/10 0 071310 40.00 100.33.6110 1007 071310 GLJ0622 40.00 071310 10070578 100 01 3742 CURRAN CONTRACTING COMPA 73644 MATERIALS 07/19/10 0 071410 404.94 100.01.6110 1007 071410 GLJ0629 404.94 071410 10070579 510 31 3742 CURRAN CONTRACTING COMPA 73644 MATERIALS 07/19/10 0 071410 495.72 510.31.6110 1007 071410 GLJ0629 495.72 071410 10070580 100 33 3742 CURRAN CONTRACTING COMPA 73624 MATERIALS 07/19/10 0 071410 3,337.95 100.33.6110 1007 071410 GLJ0629 3337.95 071410 10070581 510 31 3742 CURRAN CONTRACTING COMPA 73624 MATERIALS 07/19/10 0 071410 675.75 510.31.6110 1007 071410 GLJ0629 675.75 071410 10070508 510 32 4004 D'ANGELO NATURAL SPRING JUNE 2010 BOTTLED DISTILLED WATER 07/19/10 0 071310 62.00 510.32.6110 1007 071310 GLJ0622 62.00 071310 10070509 620 00 4530 DOCUMENT IMAGING DIMENSI 68627 PRINTER SUPPLIES 07/19/10 0 071310 307.96 620.00.6210 1007 071310 GLJ0622 04 129.96 071310 620.00.6210 1007 071310 GLJ0622 22 178.00 071310 10070510 510 32 4637 DREISILKER ELECTRIC MOTO I704464 ELECTICAL SUPPLIES 07/19/10 0 071310 33.84 510.32.6110 1007 071310 GLJ0622 33.84 071310 10070582 510 32 4637 DREISILKER ELECTRIC MOTO I704100 ELECTRICAL SUPPLIES 07/19/10 0 071410 90.00 510.32.6110 1007 071410 GLJ0629 90.00 071410 10070511 100 41 1 DUNNING, TAPMQY PARKS PROGRAM REFUND 07/19/10 0 071310 165.00 100.41.3634 1007 071310 GLJ0622 165.00 071310 10070583 100 33 5050 EAST JORDAN IRON WORKS 3274025 GRATES & FRAMES 07/19/10 0 071410 443.04 100.33.6110 1007 071410 GLJ0629 443.04 071410 10070584 510 31 5050 EAST JORDAN IRON WORKS 3274025 GRATES & FRAMES 07/19/10 0 071410 309.14 510.31.6110 1007 071410 GLJ0629 309.14 071410 10070512 100 01 5107 ED'S RENTAL & SALES INC 1353256 DAY AT THE FARM RENTAL ITEM 07/19/10 0 071310 1,455.00 100.01.4220 1007 071310 GLJO622 1455.00 071310 100-LDMKCOM 10070585 100 33 5107 ED'S RENTAL & SALES INC 135588102 EQUIPMENT RENTAL 07/19/10 0 071410 210.00 100.33.6110 1007 071410 GLJ0629 210.00 071410 10070513 100 22 6029 FAST EDDIES CAR WASH JUNE 2010 SQUAD CAR WASHED 07/19/10 0 071310 56.80 100.22.5370 1007 071310 GLJ0622 56.80 071310 10070514 100 22 6390 FLESCH COMPANY INC, GORD OTG434COPIER METER READING 07/19/10 0 071310 105.69 100.22.5110 1007 071310 GLJ0622 105.69 071310 DATE* 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 7/19/10 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 -------------------------------- 10070515 100 33 6559 FOXCROFT MEADOWS INC 36727 SOD 07/19/10 0 071310 102.48 100.33.6110 1007 071310 GLJ0622 102.48 071310 10070570 620 00 6780 FUTURE LINK OF ILLINOIS 32265 MOBILE COMPUTERS 07/19/10 0 071310 10,820.00 620.00.6270 1007 071310 GLJ0626 10620.00 071310 10070516 100 44 7535 GOLD MEDAL PRODUCTS 21660000NCESSION SUPPLIES 07/19/10 0 071310 15.45 100.44.6110 1007 071310 GLJ0622 15.45 071310 10070517 100 22 8017 HANSEN'S ALIGNMENT, DON 6/8/10VEHICLE REPAIRS 07/19/10 0 071310 65.00 100.22.5370 1007 071310 GLJ0622 65.00 071310 10070518 100 02 9281 IIMC ID#6625 ANNUAL DUES 07/19/10 0 071310 165.00 KUNZER 100.02.5410 1007 071310 GLJ0625 165.00 071310 10070586 510 32 9440 ILLINOIS EPA ILR400385 ANNUAL NPDES PERMIT FEE 07/19/10 0 071410 1,000.00 510.32.5110 1007 071410 GLJ0629 1000.00 071410 10070519 100 01 9559 IPMA-HR 24164178 MEMBERSHIP RENEWAL 07/19/10 0 071310 360.00 BLACK-MAXEINER-ZINANNI 100.01.5410 1007 071310 GLJ0625 360.00 071310 10070587 100 33 11286 KIM13ALL MIDWEST 1562156 SUPPLIES 07/19/10 0 071410 158.76 100.33.5370 1007 071410 GLJ0629 169.59 071410 100.33.5370 1007 071410 GLJ0629 EARLY PAY DISCOUNT 10.83CR 071410 10070521 100 42 11284 KING CUT CONCRETE CUTTER 14125 CONCRETE CUTTING SERVICES 07/19/10 0 071310 600.00 100.42.5110, 1007 071310 GLJ0625 600.00 071310 10070522 510 32 11537 KOMLINE-SANDERSON ENGINE 42007017 EQUIPMENT REPAIRS 07/19/10 0 071310 1,045.27 510.32.5375 1007 071310 GLJ0625 1045.27 071310 10070523 510 32 11537 KOMLINE-SANDERSON ENGINE 42007037 EQUIPMENT REPAIRS 07/19/10 0 071310 2,934.70 510.32.5375 1007 071310 GLJ0625 2934.70 071310 10070588 100 33 12142 LEACH ENTERPRISES INC 735584VEHICLE REPAIR PARTS 07/19/10 0 071410 369.96 100.33.5370 1007 071410 GLJ0629 369.96 071410 10070524 100 22 12143 LEE AUTO MCHENRY JUNE 2010 VEHICLE REPAIR PARTS 07/19/10 0 071310 166.73 100.22.5370 1007 071310 GLJ0625 166.73 071310 10070525 100 01 13017 MARTIN, DOUG 6/27/10 DAY AT THE FARM SUPPLIES RE 07/19/10 0 071310 31.92 100.01.4220 1007 071310 GLJ0625 31.92 071310 100-LDMKCOM 10070531 100 33 14069 MCCANN INDUSTRIES INC 11024381 VEHICLE REPAIR PARTS 07/19/10 0 071310 103.74 100.33.5370 1007 071310 GLJ0625 103.74 071310 10070532 260 00 14276 MCHENRY COMMUNITY HIGH S JUNE 2010 OPERATING FEES 07/19/10 0 071310 1,627.00 260.00.6970 1007 071310 GLJ0625 1627.00 071310 DATE 7/14/2010 09:58 AM CITY OF MCHENRY LIST OF BILLS COUNCIL MEETING 7/19/10 PAGE ' 6 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 ------------------------------------------------------------------- 10070533 260 00 14275 MCHENRY COMMUNITY SCHOOL JUNE 2010 OPERATING FEES 07/19/10 0 071310 2,306.00 260.00.6970 1007 071310 GLJ0625 2306.00 071310 10070535 100 01 14258 MCHENRY COUNTY RECORDER JUNE 2010 RECORDING FEES 07/19/10 0 071310 281.50 100.01.6940 1007 071310 GLJ0625 281.50 071310 10070536 510 XXXXX 14258 MCHENRY COUNTY RECORDER JUNE 2010 RECORDING FEES 07/19/10 0 071310 480.00 510.31.6940 1007 071310 GLJ0625 240.00 071310 510.32.6940 1007 071310 GLJ0625 240.00 071310 10070537 100 22 14266 MCHENRY FIRESTONE 17284 VEHICLE REPAIRS 07/19/10 0 071310 68.00 100.22.5370 1007 071310 GLJ0625 68.00 071310 10070538 100 45 14266 MCHENRY FIRESTONE 17283 TIRE REPAIRS 07/19/10 0 071310 28.99 100.45.6110 1007 071310 GLJ0625 28.99 071310 10070539 100 33 14266 MCHENRY FIRESTONE 17285 TIRES 07/19/10 0 071310 195.44 100.33.5370 1007 071310 GLJ0625 195.44 071310 10070534 260 00 14270 MCHENRY PUBLIC LIBRARY JUNE 2010 OPERATING FEES 07/19/10 0 071310 135.00 260.00.6980 1007 071310 GLJ0625 135.00 071310 10070540 100 22 14278 MCHENRY SPECIALTIES 2010-774 FOERSTER RETIREMENT PLAQUE 07/19/10 0 071310 80.00 100.22.6210 1007 071310 GLJ0625 80.00 071310 10070589 100 33 13140 MEADE ELECTRIC COMPANY I 646263TRAFFIC SIGNAL MAINTENANCE 07/19/10 0 071410 122.42 100.33.6110 1007 071410 GLJ0629 122.42 071410 10070590 100 33 13140 MEADE ELECTRIC COMPANY 1646264TRAFFIC SIGNAL MAINTENANCE 07/19/10 0 071410 122.42 100.33.6110 1007 071410 GLJ0629 122.42 071410 10070526 510 31 13172 MEYER MATERIAL COMPANY 240815MATERIALS 07/19/10 0 071310 30.45 510.31.6110 1007 071310 GLJ0625 30.45 071310 10070527 100 01 13291 MINUTEMAN PRESS OF MCH 72984 PETERSEN FARM HANDOUTS 07/19/10 0 071310 51.75 100.01.4220 1007 071310 GLJ0625 51.75 071310 100-LDMKCOM 10070528 100 01 13291 MINUTEMAN PRESS OF MCH 73097 PETERSEN FARM HANDOUTS 07/19/10 0 071310 46.50 100.01.4220 1007 071310 GLJ0625 46.50 071310 100-LDMKCOM 10070529 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 73149 NOTARY STAMPS 07/19/10 0 071310 84.00 QUICK/KLEIN/GERAGHTY 100.01.6210 1007 071310 GLJ0625 28.00 071310 100.22.6210 1007 071310 GLJ0625 28.00 071310 100.41.6210 1007 071310 GLJ0625 28.00 071310 10070530 100 01 13400 MJ'S COFFEE BAR 6/27/10 DAY AT THE FARM MEAL VOUCHE 07/19/10 0 071310 48.00 100.01.4220 1007 071310 GLJ0625 48.00 071310 100-LDMKCOM DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10070541 100 XXXXX 14251 NAPA AUTO PARTS MPEC JUNE 2010 VEHICLE REPAIR PARTS 07/19/10 0 071310 1,825.60 100.03.5370 1007 071310 GLJ0625 8.75 071310 100.22.5370 1007 071310 GLJ0625 537.28 071310 100.33.5370 1007 071310 GLJ0625 729.35 071310 100.45.5370 1007 071310 GLJ0625 544.47 071310 100.45.6110 1007 071310 GLJ0625 5.75 071310 10070542 510 XXXXX 14251 NAPA AUTO PARTS MPEC 2010-774 VEHICLE REPAIR PARTS 07/19/10 0 071310 242.80 510.31.5370 1007 071310 GLJ0625 188.93 071310 510.32.5370 1007 071310 GLJ0625 53.87 071310 10070591 100 33 16717 OTTER SALES & SERVICE IN P109216 VEHICLE REPAIR PARTS 07/19/10 0 071410 344.22 100.33.5370 1007 071410 GLJ0629 344.22 071410 10070543 100 01 16716 OTTOSEN BRITZ KELLY COOP 44749 PROFESSIONAL SERVICES 07/19/10 0 071310 1,190.00 100.01.5230 1007 071310 GLJ0625 1190.00 071310 10070592 100 33 16826 OWSLEY, MIKE TOOL ALLOWANCE REIMB 07/19/10 0 071410 156.15 100.33.4510 1007 071410 GLJ0629 156.15 071410 10070544 100 01 17005 PACE 56078 DIAL A RIDE LOCAL SHARE 07/19/10 0 071310 8,984.60 100.01.5110 1007 071310 GLJ0625 8984.60 071310 10070545 100 22 2532 PETROLIANCE LLC 8854740 VEHICLE FUEL 07/19/10 0 071310 2,431.08 100.22.6250 1007 071310 GLJ0625 2464.26 071310 100.22.6250 1007 071310 GLJ0625 33.18CR 071310 10070546 100 45 2532 PETROLIANCE LLC 8859385 VEHICLE FUEL 07/19/10 0 071310 389.72 100.45.6250 1007 071310 GLJ0625 389.72 071310 10070593 510 31 2532 PETROLIANCE LLC 8859384 VEHICLE FUEL 07/19/10 0 071410 154.42 510.31.6250 1007 071410 GLJ0629 154.42 071410 10070594 100 33 2532 PETROLIANCE LLC 8859386 VEHICLE FUEL 07/19/10 0 071410 428.08 100.33.6250 1007 071410 GLJ0629 428.08 071410 10070547 100 41 19028 PITEL SEPTIC INC 6658 PORTABLE TOILET RENTALS 07/19/10 0 071310 1,625.00 100.41.5110 1007 071310 GLJ0625 1625.00 071310 10070548 100 33 17656 PROSAFETY INC 2/665890 EMPLOYEE UNIFORM DELEVERY F 07/19/10 0 071310 5.96 ETTEN 100.33.4510 1007 071310 GLJ0625 5.96 071310 10070549 100 45 19155 REINDERS INC 1303977 SUPPLIES 07/19/10 0 071310 74.69 100.45.5370 1007 071310 GLJ0625 74.69 071310 10070550 100 45 19155 REINDERS INC 1304480 SUPPLIES 07/19/10 0 071310 46.31 100.45.5370 1007 071310 GLJ0625 46.31 071310 10070595 100 45 19155 REINDERS INC 1304793 EQUIPMENT REPAIR PARTS 07/19/10 0 071410 423.22 DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.45.5370 1007 071410 GLJO629 423.22 071410 10070596 100 45 19155 REINDERS INC 1305216 EQUIPMENT REPAIR PARTS 07/19/10 0 071410 333.60 100.45.5370 1007 071410 GLJ0629 333.60 071410 10070597 100 33 19531 ROC CONSTRUCTION SUPPLY 22568 SUPPLIES 07/19/10 0 071410 230.68 100.33.6110 1007 071410 GLJ0629 230.68 071410 10070556 100 47 20354 ROCKALL, KRISTIAN 02-006PARKS PROGRAM INSTRUCTOR 07/19/10 0 071310 2,958.75 100.47.5110 1007 071310 GLJ0625 2958.75 071310 10070551 100 33 19540 ROGERS, MATT SAFETY BOOT REIMB 07/19/10 0 071310 113.94 100.33.4510 1007 071310 GLJ0625 113.94 071310 10070571 100 XXXXX 20015 SAM'S CLUB JUNE/JULY SUPPLIES 07/19/10 0 071310 1,470.65 100.01.6110 1007 071310 GLJ0626 176.50 071310 100.44.6110 1007 071310 GLJ0626 1294.15 071310 10070552 100 01 20088 SCHAFER, PAT 6/27/10 DAY AT THE FARM SUPPLIES RE 07/19/10 0 071310 174.45 100.01.4220 1007 071310 GLJ0625 174.45 071310 100-LDMKCOM 10070553 440 00 20430 SEC GROUP INC 4/68041 RTE 31/RTE 120 INTERSECTION 07/19/10 0 071310 30,377.40 440.00.5110 1007 071310 GLJ0625 30377.40 071310 10070598 100 33 20250 SHERMAN MECHANICAL INC S50556CLIMATE CONTROL REPAIRS 07/19/10 0 071410 1,048.35 100.33.5110 1007 071410 GLJO629 1048.35 071410 10070599 510 XXXXX 20250 SHERMAN MECHANICAL INC S50556CLIMATE CONTROL REPAIRS 07/19/10 0 071410 540.06 510.31.5110 1007 071410 GLJ0629 476.52 071410 510.32.5110 1007 071410 GLJ0629 63.54 071410 10070600 100 33 20250 SHERMAN MECHANICAL INC S50453CLIMATE CONTROL REPAIRS 07/19/10 0 071410 130.68 100.33.5110 1007 071410 GLJ0629 130.68 071410 10070601 510 XXXXX 20250 SHERMAN MECHANICAL INC S50453CLIMATE CONTROL REPAIRS 07/19/10 0 071410 67.32 510.31.5110 1007 071410 GLJO629 59.40 071410 510.32.5110 1007 071410 GLJO629 7.92 071410 10070554 100 22 20311 SIRCHIE FINGER PRINT LAB 554229LAB SUPPLIES 07/19/10 0 071310 231.66 100.22.6210 1007 071310 GLJ0625 231.66 071310 10070557 100 02 20582 SPRINT 523579813 CELL PHONE CHARGES 07/19/10 0 071310 117.55 100.02.5320 1007 071310 GLJ0625 117.55 071310 10070558 100 03 20707 STAN'S FINANCIAL SERVICE 11527 LARGE FORMAT COPIER/SCAN 07/19/10 0 071310 222.00 100.03.5110 11080352 1007 071310 GLJ0625 222.00 071310 222.00 10070559 100 03 20710 STANS OFFICE TECHNOLOGIE 273393COPIER METER READING 07/19/10 0 071310 276.26 100.03.5110 1007 071310 GLJ0625 276.26 071310 DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10070560 100 XXXXX 20711 STAPLES ADVANTAGE 8015880026OFFICE SUPPLIES 07/19/10 0 071310 222.02 100.00.6210 1007 071310 GLJ0625 69.02CR 071310 100.04.6210 1007 071310 GLJ0625 43.05 071310 100.41.6210 1007 071310 GLJ0625 25.97 071310 100.00.6210 1007 071310 GLJ0625 72.89 071310 100.01.6210 1007 071310 GLJ0625 32.10 071310 100.03.6210 1007 071310 GLJ0625 80.44 071310 100.04.6210 1007 071310 GLJ0625 36.59 071310 10070561 100 46 10160 SUPERVALU JUNE 2010 SUPPLIES CHARGED AT JEWEL 07/19/10 0 071310 106.35 100.46.6110 1007 071310 GLJ0625 106.35 071310 10070562 100 22 21023 TASER INTERNATIONAL SL1209634 SUPPLIES 07/19/10 0 071310 1,061.55 100.22.6110 1007 071310 GLJ0625 1061.55 071310 10070563 100 22 22390 ULINE 33184319 SAFETY SUPPLIES 07/19/10 0 071310 149.63 100.22.6210 1007 071310 GLJ0625 149.63 071310 10070602 100 22 22396 ULTRA STROBE COMMUNICAIT 6102 VEHICLE EQUIPMENT 07/19/10 0 071410 532.23 100.22.6270 1007 071410 GLJ0629 532.23 071410 10070564 100 45 22495 UNITED LABORATORIES 18747 SUPPLIES 07/19/10 0 071310 428.67 100.45.6110 1007 071310 GLJ0625 428.67 071310 10070603 100 33 22495 UNITED LABORATORIES 17925 SUPPLIES 07/19/10 0 071410 197.03 100.33.5370 1007 071410 GLJ0629 197.03 071410 10070565 620 00 23152 VERIZON WIRELESS 2424895514MOBILE BROADBAND SERVICES 07/19/10 0 071310 88.04 620.00.5110 1007 071310 GLJ0625 88.04 071310 10070566 620 00 23152 VERIZON WIRELESS 2424895513MOBILE BROADBAND SERVICES 07/19/10 0 071310 88.04 620.00.5110 1007 071310 GLJ0625 88.04 071310 10070572 510 31 23152 VERIZON WIRELESS 2426329267MOBILE BROADBAND 07/19/10 0 071310 45.43 510.31.5320 1007 071310 GLJ0626 45.43 071310 10070567 440 00 24023 WARD & ASSOC INC, ROBERT 10-114A LEGEND LAKES BUILDOUT REPAI 07/19/10 0 071310 6,200.00 440.00,5110 1007 071310 GLJ0625 6200.00 071310 10070568 510 31 24038 WATER SOLUTIONS UNLIMITE 28494 CHEMICALS 07/19/10 0 071310 4,800.00 510.31.6110 1007 071310 GLJ0625 4800.00 071310 EXPENDED LIQUID ACCRUAL GRAND TOTALS 122,127.96 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 47,636.63 222.00 DATE 7/14/2010 09:58 AM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 7/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 260 ANNEXATION FUND 4,068.00 440 CAPITAL IMPROVEMENTS FUND 36,577.40 510 WATER/SEWER FUND 22,099.75 620 INFORMATION TECHNOLOGY FUND 11,746.18 **** 122,127.96 222.00 tl` F s AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: July 19, 2010 Regular City Council Meeting RE: Fence Variance at 3207 Foxview Highland Drive Background. Attached is a letter from the applicants who resides at 3207 Foxview Highland Drive in Foxview Highlands Subdivision. They are requesting a variance from the fence ordinance to.replace a section of existing fencing along their western property line with another section of fencing not consistent with the style of fence along their southern and eastern property lines. Currently, the city's fence ordinance states that if any section of fence is removed it must be replaced with the same style fencing. The ordinance provision follows: "If one or more sections of a fence and/or posts are removed because of damage, disrepair or otherwise the section(s) and/or post(s) must be replaced with a fence similar in style, appearance and height consistent with the fencing immediately adjacent to, on either side of, the piece being replaced so as to have a consistent line offence". The neighbor to the west, 3209 Foxview Highland Drive, installed a six-foot high dog ear style fence along their eastern property line and the applicant would like to remove the portion of their chain link fence along their western property line and replace it with a privacy fence (see attached photo). Analysis. When Foxview Highlands Subdivision was first constructed there were covenants that stated the only style of fencing permitted was green chain link. Currently, the applicant has a green chain link fence as do several of the homes in the area. The homeowner's association, however, was never established so the covenants are a moot point. Staff has evaluated this request and believes that a physical hardship, on which a variance is based, does not exist. Financial hardship cannot be considered a valid reason for a variance. Recommendation. Denial of a fence variance for the property at 3207 Foxview Highland Drive as presented. Subject Property RD ........... PLEASANT VIEW -7- FOXVIEW HIr HLAND DR.• ..................... William and Linda Hiatt 3207 Foxview Highland Dr. McHenry, Il 60050 Home: (815)344-3636 Cell: (815)347-6124 July 6, 2010 Douglas P.Martin 333 S. Green St. McHenry, I160050 Re: Permission for a fence variance Dear Mr. Martin: I recently spoke to you and also to Alderman Wimmer about a concern we have regarding installing a privacy fence along the east side of our backyard. Over the weekend, our neighbor at 3209 Foxview Highland Drive installed a privacy fence himself that extends approximately one third of the length of our existing green chain link fence. We are extremely disappointed for several reasons. Primarily, since it was put up adjacent to our existing fence,weeds and tall grasses will inevitably grow between the fences. When we brought this to his attention he did not communicate any options as he implied that it was us that had to look at it. Secondly,before he installed his fence we looked at a fence line that was consistent not only on our property,but throughout the neighborhood as the green chain link was an ordinance when we had it installed. Now we are looking at a full chain link and a privacy fence that actually has dark marred stains in view of our patio area. We would like to take down our chain link and install a board-on-board privacy fence along the east side of our backyard. It came to our attention that we would need a variance to do this. We truly do not want to do the entire perimeter of our yard for several reasons. The first reason is the cost would be a burden for us at this time as we have had two estimates from fencing companies. Also,when considering doing the whole yard, other than cost there were other,thing that troubled us. We talked to our neighbor on the west side of our property, and we agreed that a lot of the bushes on that side of the yard that our fully mature would have to be interfered with. We are also concerned because this neighbor has a beautiful flower garden that would be interfered with. Furthermore, on the south side of the yard we look into an open area that is farmed and is considered to be potential conservation. This open area is what attracted us to our home n 1997, and we don't really want to obscure this view in the back. We also have grape and raspberry vines that would have to be destroyed or interrupted. Thus,we are respectfully, asking to be granted a variance that we will only have to take out the chain link on the east side of the yard, and professionally replace it with a board- on-board to preserve the aesthetics of our backyard. I would like to thank both you and Alderman Wimmer for listening to our concerns. We never expected for something like this to occur. We are also sending pictures of the current fence line. We would like to sincerely thank you for consideration of this matter. Respectfully, Bill and Linda Hiatt cc: Alderman Wimmer cc. Ross Polerecky z g•W,�1 01, ,g AGENDA SUPPLEMENT TO: Mayor and City Council Members FROM: Douglas Martin, Deputy City Administrator FOR: July 19, 2010 Regular City Council Meeting RE: Request for Sign Variances, Patriot Estates Subdivision Background. Cunat, Inc. is requesting sign variances to allow two advertising banners and two additional informational signs at the Patriot Estates subdivision on Crystal Lake Road. A letter from the applicant is attached along with photographs of the proposed signage. The applicant is requesting a variance to allow two (24 square foot) banners to be placed on existing homes as depicted in the attached photographs and two (16 square foot) free standing informational signs as depicted. It should be noted that the pennants are no longer on the freestanding sign. Analysis. In 2008 the applicant received several sign variances including: a second development entrance sign, height variance for the development entrance sign, four (16 square foot) promotional/directional signs, three (6 square foot) promotional signs and seven (6 square foot)promotional flags. Staff would recommend that the sign variances approved in 2008 for all the promotional/directional signs including the four (16 square foot) and three (6 square foot) signs be erased if the current request is approved. The City Council has considered many requests recently to display banners for an extended period of time and the concern has been raised about banners becoming faded, worn, etc. Staff believes that if this happens the applicant should either replace the banner with an identical new banner or remove the banner. The applicant has agreed to replace either banner shall it become unsightly. Recommendation. Approval of two (16 square foot) freestanding informational signs and two (24 square foot) banners with the conditions that the signs and banners are removed no later than April 1, 2011, the sign variances approved on October 6, 2008, with the exception of the variances for the monument sign and flags be erased and if staff finds the banners to be unsightly, worn or tattered prior to that date the applicant will be required to replace that banner with an identical new banner. Culliat Construction and May 14,2010 Neighborhood Services MAY 17 2010 City of McHenry City of McHenry Attn: Ross Polerecky 333 South Green Street McHenry, Illinois 60050 Re: Sign Violation Dear Ross: As a follow-up to our sign permit application submitted May 3, 2010, enclosed please find color pictures of the two signs in question at the Patriot Estates Subdivision. Cunat Contracting, LLC, installed two vinyl signs measuring 3' high x 8' wide over the garage door area at 806 Madison Avenue and 808 Madison Avenue. The reason for these signs is to attract customers to our new sales models, and to inform the customers know the base price point. We apologize for our oversight and look forward to resolving this issue as soon as possible. If you need any additional information, or if you have any questions,please feel free to contact me at your earliest convenience at 815/759-8515. Thank you. Sincerely, CUNAT CONTRACTIN LLC evin Villont Director of Construction KV/sss Enclosures(4) Cunat,Inc. 5400 West Elm Street McHenry,Illinois 60050 Phone:(815)385-3192 Fax:(8I5)385-2068 ISO'�'Ci k IM w n y y� fin§��•t'S.$.;! � i i 6 f i iX Y Y ` WM1 YY t1 " a A lRyn�"L�r pk ,Y a AtY Mx+i"3�t CywX, "S VVi ; rx { Vk tIJa4 > ttS � h-X.�a51 ut } s r L:3 A�ttit r. t � �a 4 n` i Rio ,f b�1r11Ypwp Ct4• w T a . 'E x i4 ls� � ro q a dry,. i VV d 3 j 1 x y ffin s a WO Swim # ^s ✓ e ni�"e' *,#i a •�e7.- '' j �N.L .'� a .f ,+ F • '�-. i ` i . Btand New Single Fnvy ,11ans" ' ={� . r es via III galilt r u • f- i�f. ll F!t4. C7ft(ti •'New Ranch � Qor Pa s . �.� � . ; �•_ ram- a q gar i'' Ca'Y L'6`aj: - y ♦ # @@g¢ {y�■s� i�O 1 a( Y.:.:: ,..i>..T'Iw1fY�nC•C+',f+}E ay' .. E �O h tF• '✓'< �,�[- x ,,, i0. °t�STYRbLi, T �� S {�i: �-x d3dc' .<:: t .',."uxarn.A.,._..._. _ ._J•`a-.Tra.T �. F..si�x{ A`� t °" ^ F $ 165,000 rom 815-459- 1855 = L t _ 1 r kj t r. aE , � t 4 ; yi ?, ST:+g... .. .3. g �eNy, ,:-.�.AW' -:. -'t 6•'.- t 4 '� :...:: -�:. ..:; ... .:...- 4 .f -,x n. ::_.- :^....moo: a-'..•" .:'.> W - .:-,, ilk k.a •2ems. 'y' a'� YY��k _ w�C C � r.,. s AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: July 19, 2010 Regular City Council Meeting RE: Eckstein Recapture Agreement Background. On June 29, 2009 the City of McHenry entered into a pre-annexation agreement with Michael and Ann Eckstein for the purpose of connecting to the City's sanitary sewer system. The Eckstein's reside at 1910 Orchard Beach Road which is currently located in unincorporated McHenry County. Analysis. The pre-annexation agreement was subsequently amended to include a reimbursement provision commonly used in annexation agreements. Staff and the city attorney worked in conjunction with the Ecksteins on writing a reimbursement agreement for the Ecksteins' sewer improvement on Orchard Beach Road. The sewer improvement consisted of the extension of 321 feet of 8" sewer main along with the installation of two manholes. All of the costs associated with the construction, engineering, tree removal, legal work on the agreement, etc. were included in the total certified costs equaling $29,300.08, $23,256.94 of which can be reimbursed from the four benefitted properties. This is a 20 year agreement and interest will accrue for a maximum of ten years and the money is not collected until any of the benefitted properties actually connect to the city's sewer system. Recommendation. To approve the attached recapture agreement. e.f ,� �#"�cs R-170 ,00 CD R. 7 J CD 9 C> 0012 9 C? 061 R-230 --T 0, v 75-002 ARBOR CE9 2 916 D '070 ............ i 2. -Y 7(:-003 0 7;r 6 V, 07 77-004 'v, (D.L.96 -012 78-005 1_0 ............................ 07,1. 79-006 ti-013 W �0...........---------....... 9-014 .0-007 MLOCK 6, fj *C its,* 0 4�1 RD ' BEACH 7 '00 110 200 400 600 feet Printed for City of McHenry 7/12/2010 Center of View in BHA Map Page: 09-25 McHenry County N BruceHarris &Associates,Inc. Copyright 2009,McHenry County Eckstein Reimbursement Agreement This Agreement authorizing reimbursement for construction of improvements beneficial to the public is entered into this day of , 2010("Agreement")by and between the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois(hereafter referred to as "City") and Michael and Ann Eckstein(hereafter referred to "Property Owners"). Recitals Whereas,Property Owners are the owners of record of real estate legally described as follows: Lots 57 and 58 in Orchard Beach being a L Howe S Subdivision of part of the south half of Section 24 and the Northwest quarter of Section 25, all in Township 45 North,Range 8 East of the third principal meridian, according to the plat thereof recorded April 14, 1894 as Document No 12452 in Book 1 of Plats,page 50, in McHenry County, Illinois. PINS: 09-25-102-018 and 09-25-102-019 ("Eckstein Parcel"); Whereas,Property Owners previously constructed and installed the following public utility improvements: 321 linear feet of 8" sanitary sewer main north along Orchard Beach Road along with two manholes to service up to five residences("Improvements"); Whereas,the Improvements constitute valuable and substantial improvements benefiting not only the Eckstein Parcel,but also adjacent properties legally described as follows: Lots 52, 53, 54, 55, and 56 in Orchard Beach being a L Howe S Subdivision of part of the south half of Section 24 and the Northwest quarter of Section 25, all in Township 45 North, Range 8 East of the third principal meridian, according to the plat thereof recorded April 14, 1894 as Document No 12452 in Book 1 of Plats, page 50, in McHenry County,Illinois. ("Benefitted Properties"); Whereas,the City is authorized, by 65 ILCS 5/9-5-1 et. seq.,to enter into agreements to provide for the reimbursement of certain public improvement costs. Now,therefore, in consideration of the mutual promises and agreements set forth herein,the parties hereto agree as follows: 1. The costs paid by the Property Owners of the Improvements and approved by the City total$29,300.08 ("Certified Costs"). 2. The Certified Costs of the Improvements shall be allocated on a pro-rata lineal foot basis between the Eckstein Parcel and the Benefitted Properties as follows: Lots Owner PIN Lineal Feet Cost Per Reimbursement Lineal Foot Fee 52 & Larry& Su-Ann Guerzon 09-25-102-013 56 Lineal Feet $91.5628 $5,127.52 53 1920 N. Orchard Beach (Combined PIN for lots 52 Rd. and 53) 54 Michael&Nancy 09-25-102-015 66 Lineal Feet $91.5628 $6,043.14 Connor 1918 N. Orchard Beach Rd. 55 Will Higgins 09-25-102-016 66 Lineal Feet $91.5628 $6,043.14 1916 N. Orchard Beach Rd. 56 Sean& Colleen Battles 09-25-102-017 66 Lineal Feet $91.5628 $6,043.14 1914 N. Orchard Beach Rd. 57 & Michael &Ann Eckstein 09-25-102-018 & 66 Lineal Feet $91.5628 $6,043.14 58 1910 N. Orchard Beach 09-25-102-019 Rd. The Property Owners shall have the right to be reimbursed for a portion of the Certified Costs incurred, as allocated above, ($23,256.94)through the collection of the Reimbursement Fee referenced above from the owners of the Benefitted Property upon connection of improvements located on their land to the Improvements. The owners of the Benefitted Property seeking to connect to the Improvements shall be required to pay the Reimbursement Fee, plus simple interest calculated at a rate of five percent(5%)per annum computed from the date that the Improvements were accepted by the City, June 7,2010, until the earlier of the date of payment of the Reimbursement Fee or ten(10)years after the date of this Agreement; plus a collection charge payable to the City of three percent(3%)of the Reimbursement Fee. The Reimbursement Fee shall be paid by the owner of the Benefitted Property seeking to connect to the Improvements upon the connection of that Benefiting Property to the Improvements. 3. The right to receive the Reimbursement Fee, plus any interest thereon or other amounts authorized under this Agreement, as well as all other rights, responsibilities, and remedies under this Agreement are the personal rights,responsibilities, and remedies of the Property Owners and shall not run with the ownership of the Eckstein Parcel. 4. If such Benefitted Property Owners fail or refuse to pay the Reimbursement Fee when due,the Property Owners shall have the right to enforce all rights allowed under Illinois law to secure payment. 5. The term of this Agreement shall be twenty(20)years from the date of this Agreement. 6. The City shall use its best efforts to collect the Reimbursement Fee from the Benefitted Property Owners, however, shall not be obligated to bring any suit to enforce the collection of same, nor shall the City or any of its officials be liable to the Property Owners or their successors or assigns in any manner for failure to make such collections. Property Owners hereby agree to defend, indemnify and 2 hold harmless the City, its elected officials and employees for any and all lawsuits,damages, attorney fees incurred relating in any way to this Agreement. 7. Any amendment to this Agreement shall be in writing. 8. Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be: delivered by United States first class pre-paid postage. All notices shall be addressed to the parties at their respective addresses: To the City: City of McHenry City Clerk's Office 333 South Green Street McHenry, IL 60050 To Property Owners: Michael and Ann Eckstein 1910 Orchard Beach Road McHenry, IL 60050 9. In the event a court of competent jurisdiction determines by final order that the amount of the fees or interest payable hereunder exceeds the amount that may be reimbursed by the Property Owners under applicable law,then such amount shall be automatically reduced to such amount as the court then determines would conform to such requirements of the law so that the provision establishing the fees and interest payable may be given force and effect.The parties agree all actions instituted to enforce this Agreement shall be commenced and heard in the 22"d Judicial Circuit Court of McHenry County, Illinois. Approved this day of , 2010 Property Owners City of McHenry By: By: Michael Eckstein Mayor Attest: By: Ann Eckstein City Clerk Z:\M\McHenryCityof\Eckstein\Recapture.Agmt.doc 3