Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Packet - 08/03/2009 - City Council
City of McHenry 333 South Green Street _ www.ci.mchenry.il.us McHenry, Illinois 60050-5495 - r Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA REGULAR CITY COUNCIL MEETING Clerk's Office Monday, August 3, 2009, 7:30 PM (815)363-2100 Fax(815)363-2128 Administration 1. Call to Order (815)363-2108 2 Roll Call Fax(815)363-2119 Public Works 3. Pledge of Allegiance Community Development 4. Public Input Session: 10 Minute Limitation (815)363-2170 Fax(815)363-2173 5. Consent Agenda: Parks and Recreation A. Picnic/Special Use Permits; (815)363-2160 B. July 13 and July 20, 2009 City Council meeting minutes; and Fax(815)363-3186 C. List of Bills. Police Non-Emergency 6. Conditional use permit and variances to allow a monopole wireless telecommunications facility (815)363-2200 and variances to height and setback requirements at 1415 Industrial Drive Fax(815)363-2149 7. Lease agreement with Chicago SMSA Limited Partnership d/b/a Verizon Wireless to construct a Mayor 100' monopole telecommunications tower and installation of ground-mounted equipment at Susan E.Low 1415 Industrial Drive. City Clerk 8• Committee Recommendation: Concept plan for construction of a Disc Golf Course in Cold Janice C.Jones Springs Park Treasurer 9. Mayor — Statement and Reports David M.Welter 10. Committee Reports Aldermen 11. Staff Reports WARD 1 Victor A. Santi 12. Future Agenda Items WARD 2 13. Adjournment Andrew A.Glab WARD 3 P sted and Mailed: July 29, 2009 Jeffrey A. Schaefer WARD 4 Steven C.Murgatroyd WARD 5 Richard W.Wimmer WARD 6 Robert J.Peterson WARD 7 Geri A.Condon CONSENT AGENDA The Consent Agenda for the August 3, 2009 City Council meeting consists of the following items: A. Picnic/Special Use Permits; B. July 13 and July 20, 2009 City Council meeting minutes; and C. List of Bills. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: August 3, 2009 Regular City Council Meeting RE: Beer/Wine Permit Requests and Special Use Permit Requests RECOMMENDATION: To approve the attached Beer/Wine Permits and Special Use Permit requests. Background. The attached list of permit applications have been received in our office with all fees and documentation properly submitted. TConaway/pic perm CA for.doc tOR COUNCIL MEETING OF August 3, 2009: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 08/07/09 Maria Hernandez Wedding 616 N Lillian St, Apt D, McH 08/23/09 Sandra Cheatham 70th Bday 3719 West Maple, McH 08/29/09 Oscar Mendez Bday 2008 Oak Dr, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 08/07/09 Maria Hernandez Wedding 616 N Lillian St, Apt D, McH music, tables, chairs 08/23/09 Sandra Cheatham 70th Bday 3719 West Maple, McH music, grilling 08/29/09 Oscar Mendez Bday 2008 Oak Dr, McH moonwalk, music Wonaway\pic perm list.doc MMENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION q Contact Person: P' o� ��� � �r� �.Z Date of Picnic: �� b Company or OOrganization:�o�l�Address: Q I ���ll.,rt`llrin City/State/Zip: �4Ae n L to Ou-Go Home Phone: Work Work Phone: Park: ❑ Knox Park 0 Petersen Park A Veteran's Memorial Park Area: ❑ Shelter A // ❑ Shelter B 0 Shelter C 0 Other: Arrival Time: �W Departure Time.• I � •�b'otal Number Attending:_ Falsifying attendance numbers will result in loss of deposit 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.): w e- `t C List all activities that will be held: Items brought into park site: /tent ,�ables chairs ❑ benches ❑ carnival rides music ❑ animals ❑ model planes'! ❑ other ❑ other ater, electricity and restrooms are available at all sites. Please explain any additional utilities needed: Will beer/wine be present: , Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS **Indicate the number of beer/wine permits issued to the undersigned this calendar year- . Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this 3 permit on such date (number of wine bottles,beer cases,beer kegs, etc.) 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 ark property. I also understand that n 7t complying with the Park Permit rules will result in loss of deposit. Signatur < Date: Y-� —d 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 ONLY***** ** `**r** ***** **** ********************* Reservation Fee: $ '! Date Paid: f'I/' C Initials: Deposit Fee: $ .50 Payment: -- ❑ Cash❑ Check?ICharge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: Forms\picnic fonns\special use and beer and or wine application McHENRY PARK FACILITIES SPECIAL USE AND/OR BEERIWINE APPLICATION Contact Person: D to of Picnic: Company or Organization: Address: 3J] 19 W-6i Sf 0Cs-� City/State/Zip: I wc Home Phone: (- Work Phone: �S �-1 -/Q Park: ❑ Knox Park ®'Petersen Park ❑ Veteran's Memorial Park Area: @`'Shelter A 0 Shelter B 0 Shelter C ❑ Other: Arrival Time:_/e±l Departure Time: Total Number Attending:__ S<�D Falsifying attendance numbers will result in loss of deposit 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: Items brought into park site: ❑ tent 0 tables 0 chairs ❑ benches 0 carnival rides Vniusic ❑ animals ❑ model planes ❑ other ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: Will beer/wine be present: ❑ Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar yeas. Indicate the number of beer/wine permits denied(! 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.) CS�iS�C 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 pursuan 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 tl special use and/or beer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the p propert . I al o erstan�tt not complying with the Park Pe t rul will result in loss of deposi Signature: 4� Ulm.` Date: v 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 subj ect to further approval. Restrictions: OFFICE USE ONLY a**** **r *************** **r***r* **************x****** Reservation Fee: $ Cam- 0 Date Paid: Initials: Deposit Fee: $ Payment: 0 Cash❑ Check❑ Charge Total Fee: $ Submitted to City Council:.. f�{ Confirmation Sent: Initials: City Council Approval: Foams\picnic fonns\special use and beer and or wine application �MMENRY PARK FACILITIES SPECIAL USE AND/OR BEERIWINE APPLICATION Contact Person:_ - ®`�C'Cl.� ��'Y)d e Date of Picnic- Company or Organization: Address: 0 0 8 n ig is z 1z. City/State/Zip: _ M C H F N R-Y IL KD O -0 Home Phone: R LS- A617 iJ-�, L4 Work Phone: Park: ❑ Knox Park A Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A rkShelter B ❑ Shelter C ❑ Other: Arrival Time: Departure Time: G/V Total Number Attending: Falsifying attendance numbers will result in loss of deposit 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: Items brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides X'music, ❑ animals ❑ model planes' ❑ other!Amna- ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: Will beer/wine be present: kyes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS *Indicate the number of beer/wine permits issued to the undersigned this calendar year. Indicate the number of beer/wine permits denied S.L. 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.) 0 Oa-Ses 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 pursuar 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 tl 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 also understand that not complying with the Park Permit rules will result in loss of depos: Signature: (2scay W1:RAr\aS--1 Date:_ c :'�,A<- ©ci v 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 subj ect to further approval. Restrictions: **r****r**** ****r*****r*************FOR OFFICE USE Reservation Fee: $ Date Paid: Initials: _ Deposit Fee: $ C:;�5 Payment: Cash❑ Check❑ Charge Total Fee: $ Submitted to City Council: Cj Confirmation Sent: Initials: City Council Approval: Foims\picnic foims\special use and beer and or wine application REGULAR MEETING J U LY 13, 2009 Mayor Low called the regularly scheduled July 13, 2009 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Also in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Public Works Director Schmitt, Director of Construction and Neighborhood Services Schwalenberg, Chief of Police Brogan. PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes of Public Input Session. CONSENT AGENDA Alderman Condon requested an amendment be made to the June 29, 2009 minutes of the regularly scheduled City Council meeting. She requested with regard to the request submitted by the McHenry Elementary Education Foundation for its 5K run/walk, clarification be made that temporary street closures referred to on page 7 of the minutes include streets in the Trails of Winding Creek and Park Ridge Estates Subdivisions. City Clerk Jones noted the minutes would be amended as requested. Motion by Wimmer, seconded by Peterson,to accept the Consent Agenda as amended: A. City Council Minutes: June 29,2009 regularly scheduled meeting; July 6,2009 regularly scheduled meeting; B. List of Bills: ADAMS OUTDOOR POWER EQUI 16.80 AFTERMATH INC 285.00 ALEXANDER LUMBER CO 573.48 ASHLAND SPECIALTY CHEMIC 2,610.00 AT&T 28.59 B&W CONTROL SYSTEMS INTE 1,066.03 BAN-KOE SYSTEMS INC 395.00 BAXTER & WOODMAN 559.40 BJORKMAN, MARGIE 63.64 BLACKHAWK PRODUCTS GROUP 113.49 CARQUEST AUTO PARTS STOR 465.63 CDW GOVERNMENT INC 906.92 CINTAS CORPORATION #355 1,310.13 COMCAST CABLE 74.90 COMED 30,257.55 CONCRETE SOLUTIONS 835.00 CONSERV FS 197.03 DRUML, AMY 62.00 ED'S AUTOMOTIVE/JIM'S MU 172.00 ED'S RENTAL & SALES INC 71.60 EDER CASELLA & CO 20,000.00 FAST EDDIES CAR WASH 14.95 G IMPRESSIONS INC 20.00 GALLS INCORPORATED 547.03 GITZKE, WILLIAM J 9.95 GOLD MEDAL PRODUCTS 1,183.87 HARRISON, JOHN J 26.52 HAWKINS INC 1,870.91 Page 2 July 13,2009 ILLINOIS EPA 31,000.00 INNOVATIVE PACKAGING INC 103.58 IRISH PRAIRIE RECREATION 550.00 LAMBERT, FRANCES B 139.00 LEXISNEXIS 118.50 MANZO, MARGO 36.67 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 280.49 MCHENRY COMMUNITY HIGH S 9,710.75 MCHENRY COMMUNITY SCHOOL 17,222.25 MCHENRY FIRESTONE 15.00 MCHENRY NAPA 1,328.76 MCHENRY PUBLIC LIBRARY 3,990.00 MCHENRY TOWNSHIP FIRE PR 3,990.00 MEYER MATERIAL COMPANY 71.27 MINUTEMAN PRESS OF MCH 469.00 NCL OF WISCONSIN INC 804.24 NORTH EAST MULTI-REGIONA 460.00 PEPSI-COLA GENL BOT 807.88 PERRICONE GARDEN CENTER 268.80 PETROLIANCE LLC 4,459.32 PROSAFETY INC 360.29 RASMUSSEN REBUILDING & M 50.00 RIDGEVIEW ELECTRIC INC 2,475.00 SAWDOWSKI, LISA 263.25 SCHLITTER, CHARLES 152.00 SEC GROUP INC 93,227.80 SHAW SUBURBAN MEDIA 212.00 STANS OFFICE TECHNOLOGIE 230.10 STAPLES BUSINESS ADVANTA 276.21 STERBENZ, THOMAS 60.00 SWIFT CO INC, JOHN S 3,232.60 TELEDYNE ISCO INC 354.31 TRAFFIC CONTROL & PROTEC 101.60 USA BLUEBOOK 609.32 VALLEY VIEW ACRES 945.00 VAN GALDER BUS COMPANY 75.00 VIKING CHEMICAL COMPANY 957.00 WEST PAYMENT CENTER 1,755.00 WEST SIDE TRACTOR SALES 366.30 GRAND TOTALS 252,065.71 FUND TOTALS GENERAL FUND 52,924.84 PAGEANT FUND 608.00 AUDIT EXPENSE FUND 20,000.00 DEVELOPER DONATION FUND 34,913.00 CAPITAL IMPROVEMENTS FUND 8,000.00 WATER/SEWER FUND 47,759.20 UTILITY IMPROVEMENTS FUND 85,087.80 INFORMATION TECHNOLOGY FUND 2,073.47 RETAINED PERSONNEL ESCROW 699.40 TOTALS 252,065.71 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PERMIT TO POST TEMPORARY ADVERTISING SIGNS IN MUNICIPAL RIGHTS-OF- WAY FOR PERFORMANCES OF RIVERVIEW THEATER'S SHAKESPEARE IN THE PARK Deputy City Administrator Martin stated a request was submitted by Angie Kells of Riverview Theatre Company to allow temporary advertising signs announcing this year's Shakespeare in the Park Festival. The festival begins on July 18th in Veterans Park with Page 3 July 13,2009 additional performances at Petersen Park on July 21-24 and July 26th. The signs are 24" by 19" and would be posted at the following locations: • North Richmond Road and McCullom Lake Road; • Route 120 and Crystal Lake Road; • Route 120 and Front Royal Drive; • Green Street and Charles Miller Road; • Crystal Lake Road and Bull Valley Road. Deputy City Administrator Martin stated the signs would be removed at the event's conclusion. Staff has no concerns and supports the request. Alderman Condon stated this is a unique opportunity for the organization to advertise its event. Motion by Schaefer, seconded by Condon,to accept Staffs recommendation to approve the installation of temporary advertising signs by Riverview Theatre Company for its Shakespeare in the Park event until July 26, 2009 at the following locations: • North Richmond Road and McCullom Lake Road; • Route 120 and Crystal Lake Road; • Route 120 and Front Royal Drive; • Green Street and Charles Miller Road; • Crystal Lake Road and Bull Valley Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CLASS G1 LIQUOR LICENSE FROM BURRITO CITY y MARISCOS ESTILO NAYANT, INC D/B/A BURRITO CITY, 4305 WEST ELM STREET; AND ORDINANCE INCREASING THE NUMBER OF CLASS G1 LIQUOR LICENSES FROM FOUR TO FIVE City Administrator Maxeiner stated Maria E. Delgado, President of Burrito City y Mariscos Estilo Nayant, Inc. has requested a Class G1 liquor license for the facility located at 4305 West Elm Street. Ms. Delgado has met with the Mayor, provided all required paperwork, paid all associated fees, and has been fingerprinted. It is the Mayor's recommendation to approve the issuance of the Class G1 liquor license to Burrito City subject to the condition that satisfactory fingerprint results are obtained and all employees involved in the sale and/or service of alcoholic beverages attend a BASSET certification class. In addition, if Council approves the issuance of the license, an ordinance must be approved increasing the number of Class G1 liquor licenses from four to five. Mayor Low stated Ms. Delgado is extremely conscientious. Page 4 July 13,2009 Motion by Murgatroyd, seconded by Santi,to accept the Mayor's recommendation to: 1 Approve a Class G1 Liquor License for Burrito City y Mariscos Estilo Nayant Inc. d/b/a Burrito City, located at 4305 West Elm Street, subject to satisfactory fingerprint results and all employees involved in the sale and/or service of alcoholic beverages attend a BASSET certification class; 2 Pass and approve an ordinance increasing the number of Class G1 Liquor Licenses from four to five. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT TO ALLOW OUTDOOR DISPLAY OF RECREATIONAL VEHICLES ON FORMER SITE OF JUSTEN FUNERAL HOME, 3519 WEST ELM STREET Deputy City Administrator Martin stated a request was received from Jim Potts seeking permission to have an outdoor display of ATV and jet skis on the former location of Justen Funeral Home, 3519 West Elm Street. Mr. Potts has secured the property owner's permission and is seeking a temporary use permit to allow the display on Saturday, July 18th and Sunday, July 19th between the hours of 8 a.m. and 4 p.m. Staff has reviewed the request and supports it being granted, subject to the applicant displaying only these types of vehicles so as not to compete with the Harley Davidson dealership, and that no food shall be served without benefit of securing a permit from the McHenry County Health Department. Motion by Santi, seconded by Peterson, to accept Staff's recommendation to approve a temporary use permit for the outdoor display of ATV's and jet skis on the property located at 3519 West Elm Street on Saturday, July 181h, and Sunday,July 19th, between the hours of 8 a.m. and 4 p.m. Discussion on the motion: Alderman Glab inquired about traffic movement in the parking lot. Deputy City Administrator Martin responded there will be some ingress and egress from Green Street with displays set up in the parking lot. Alderman Schaefer expressed concern that the display does not spill out onto the sidewalk. Alderman Murgatroyd enumerated his concerns: 1. This is not a local businessman/vendor; 2. The spirit of the use is not in keeping with sidewalk sales; 3. The parade might be interrupted on Sunday by the display. Alderman Murgatroyd stated he could not support the temporary use permit. Alderman Peterson stated he had no issues with the display. His concern was that anything sold would not generate sales tax for McHenry. Deputy City Administrator Martin noted there would be no sales taking place. Page 5 July 13,2009 Alderman Condon stated she could support the Saturday display but not on Sunday. Alderman Santi requested clarification that only ATV's and jet skis would be displayed. Deputy City Administrator Martin confirmed that only ATV's and jet skis would be displayed on Saturday,July 18th, and Sunday, July 19th from 8 a.m. until 4 p.m. Alderman Peterson inquired if the applicant would be willing to limit traffic ingress and egress during the two hours of the parade. Alderman Santi stated he would be willing to amend his motion to restrict the event to Saturday only. Alderman Peterson stated he would not support amending his second to the motion.The motion reverted back to its original form. Voting on the Motion: Voting Aye: Santi, Wimmer, Peterson. Voting Nay: Glab,Schaefer, Murgatroyd, Condon. Absent: None. Motion failed. Alderman Glab stated he does not believe the event has been well thought out. He opined the matter should be tabled. He noted he could not support the temporary use unless ingress and egress is restricted on both days of the event. Motion by Condon, seconded by Santi, to approve a temporary use permit for the outdoor display of only ATV's and jet skis on the property located at 3519 West Elm Street on Saturday, July 18, 2009 between the hours of 8 a.m. and 4 p.m. subject to the condition that no food shall be served without obtaining a health permit from the McHenry County Department of Health. Voting Aye: Santi,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT TO ALLOW OUTSIDE DISPLAY OF MERCHANDISE — SEARS APPLIANCE OUTLET, 1750 NORTH RICHMOND ROAD Deputy City Administrator Martin stated a request was submitted by Sears Appliance Outlet for a temporary use permit to allow the outside display of lawn tractors, grills and appliances at their facility located at 1750 North Richmond Road. The event would be held on three consecutive Saturdays, July 18, July 25 and August 1 between the hours of 8 a.m. and 6 p.m. The applicant intends to erect a 10' by 15'tent in the extended parking area. Page 6 July 13,2009 Deputy City Administrator Martin noted the request includes installation of a 12' by 4' banner announcing the sale. Due to its size, the banner requires a variance from the sign ordinance. Deputy City Administrator Martin concluded noting it is Staffs recommendation to grant the temporary use permit for the event and to grant a variance to permit installation of the 48 square foot banner to advertise the event. Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to grant the following to Sears Appliance Outlet for its facility located at 1750 North Richmond Road: 1. Temporary use permit to allow the outside display of lawn tractors, grills, and appliances on July 18, July 25 and August 1,2009 between the hours of 8 a.m.and 6 p.m.; 2. To erect a 10'by 15'tent in the extended parking area of the site for display of sales merchandise; 3. Variance to allow installation of a 12'by 4'advertising banner announcing the event. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION REGARDING THE FOLLOWING IN CONJUNCTION WITH CABA 2009 WORLD SERIES EVENT: 1. TO HOST EVENT AT PETERSEN PARK FIELD#2 FROM 7/25/09 THROUGH 8/2/09; 2. TO HOST THE WORLD SERIES OPENING CEREMONIES ON 7/26/09 AT PETERSEN PARK FIELD #2; 3. EXPENDITURE OF UP TO $12,000 FROM TOURISM FUND FOR VARIOUS IMPROVEMENTS TO PETERSEN PARK FIELD#2; 4. TO PROVIDE STAFF SUPPORT FOR ALL RELATED EVENTS In attendance was Enrico Heirman, Executive Director for the CABA World Series. Assistant City Administrator Hobson stated several requests have been made by the Continental Amateur Baseball Association (CABA) in preparation for the CABA World Series event taking place between July 25, 2009 and August 2, 2009. The McHenry portion of the event will take place at Petersen Park Field #2 and at the VFW fields. CABA would like to host the Grand Opening Ceremony at Petersen Park Field #2 on Sunday, July 26th. The event would include food vendors, small amusement rides, a DJ and a small fireworks display. Assistant City Administrator Hobson noted event organizers recently evaluated Petersen Park Field #2 and provided a list of improvements required prior to the commencement of the series. Staff is seeking authorization to utilize up to $12,000 from the Tourism Fund to make the suggested improvements prior to July 25tn Assistant City Administrator Hobson stated the request also includes authorization to provide Staff support where necessary for the event. Page 7 July 13,2009 Mayor Low acknowledged the presence of Mr. Heirman. Alderman Condon stated the CABA World Series is a wonderful opportunity to demonstrate what the City of McHenry has to offer. Alderman Santi stated he is looking forward to the event and concurred with Alderman Condon. Alderman Glab stated the need for Staff support for the event appears to be open- ended. Assistant City Administrator Hobson responded areas where assistance could be provided include crowd control, setting up the fields, trash can placement/emptying, picnic table placement, etc. City Administrator Maxeiner noted the $12,000 would be utilized from the Tourism Fund. He stated money from the Tourism Fund is restricted in its use. Moneys must be expended on overnight stays and related uses. City Administrator Maxeiner further stated that although teams from Puerto Rico and Panama will be unable to participate this year due to the economy,there will be 23 out-of-state teams participating in the event. Alderman Peterson inquired as to the number of games to be played per day. Mr. Heirman responded there are five games per day. When asked, Mr. Heirman responded the event encompasses approximately 3,000 hotel rooms. City Administrator Maxeiner stated an anonymous e-mail sent which stated the City of McHenry is paying CABA to play in McHenry is unfounded and untrue. Mayor Low stated this is a good example of a number of groups coming together for the good of the City. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to authorize the following in conjunction with CABA 2009 World Series Event: 1. To host event at Petersen Park Field#2 from 7/25/09 through 8/2/09; 2. To host the World Series Grand Opening Ceremony on 7/26/09 at Petersen Park Field#2; 3. Expenditure of up to$12,000 from Tourism Fund forvarious improvements to Petersen Park Field#2; 4. To provide Staff support for all related events. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mr. Heirman thanked Mayor Low and Staff for their support. He provided a brief overview of the Grand Opening Ceremony which will occur on Sunday, July 26, 2009. He noted the great spirit of cooperation, the beautiful field, nice facility and a great park. He Page 8 July 13,2009 acknowledged there will be a festival atmosphere. Local restaurants will participate in concessions. PRESENTATION: CRIME FREE MULTI-HOUSING PROGRAM—MCHENRY POLICE DEPARTMENT McHenry Crime Prevention Police Officer John Adams provided a presentation overview of the Crime Free Multi-Housing Program. He outlined the three-step program which will ultimately reduce the number of police calls, particularly in apartment complexes. The goal is to provide a better living environment for everyone in the community. Crime Free Multi-Housing is designed to assist tenants, owners, and property managers in keeping criminal activity away from their property. The program consists of educating property owners and managers, reviewing property conditions and maintenance, and hosting crime prevention meetings with tenants. Alderman Condon asked if this is a national program. Officer Adams stated it is an international program. Alderman Condon noted the Community Development Committee has discussed some of the items addressed in this program. She complimented Officer Adams regarding his presentation and thanked him for bringing it forward. Alderman Murgatroyd stated he like the fact that participation in the program at this time is voluntary to the property owners. Alderman Schaefer opined he would like to see the program expanded to include single- family dwellings. Alderman Glab inquired how the program would be enforced regarding absentee landlords. Officer Adams responded through the application process and water bills absentee landlords would be brought onboard. If landlords are out of the country, the property owner can designate someone to represent them. Alderman Santi opined it is an excellent program. The long-term value is excellent. City Administrator Maxeiner stated Council will receive feedback and information about the program as it comes to fruition. AUTHORIZATION REGARDING ROUTE 31/ROUTE 120 INTERSECTION IMPROVEMENTS: 1. TO ENTER INTO A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION; 2. TO ENTER INTO A PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION—SEC GROUP, IN THE AMOUNT NOT-TO-EXCEED $617,168.42 City Administrator Maxeiner stated in 2005 Council authorized an engineering services agreement with SEC Group for the Phase I engineering for improvements to the Illinois Route 31 (Richmond Road) and Illinois Route 120 intersection. An Open House was held at the Page 9 July 13,2009 McHenry Municipal Center on December 9, 2008 to discuss, inform, and obtain public comment about the proposed improvements. Subsequently, SEC Group has submitted the Phase I engineering report to Illinois Department of Transportation (IDOT) and anticipates approval by July 31, 2009. City Administrator Maxeiner noted the next step in the process is to begin Phase II engineering. SEC Group has submitted an engineering services agreement using IDOT's required standard form. The scope of work includes preparation of Phase II contract plans and right-of- way documents. It is estimated the contract documents will be prepared to meet a November 2010 bid letting. Council has been provided with a proposed Local Agency Agreement for Federal Participation including. an entire Phase II engineering amount of $617,168.42, reimbursable to the City from the Federal Highway Administration and Illinois Department of Transportation. It is Staff's recommendation to approve the following: 1. Phase II preliminary engineering services agreement regarding the Illinois Route 31 and Illinois route 120 intersection improvements with SEC Group in the amount not-to-exceed$617,168.42;and 2. Local Agency Agreement for Federal Participation in the project. City Administrator Maxeiner noted City Engineer Steve Cieslica was in attendance and would respond to any Council questions or comments. Alderman Murgatroyd inquired as to the likely turn-around for reimbursement. City Administrator Maxeiner responded 60-90 days. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to approve the following: 1. Authorization for the Mayor and City Clerk's execution of a Local Agency Agreement for Federal Participation in the Illinois Route 31(Richmond Road)and Illinois Route 120 intersection improvement project;and 2. Authorization for the Mayor and City Clerk's execution of Phase II Engineering Services Agreement regarding the Illinois Route 31 (Richmond Road) and Illinois Route 120 intersection improvement project with SEC Group in the amount not-to-exceed$617,168.42. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low congratulated all involved in preparing for and hosting the Fiesta Days noting a great time was had by all during the opening weekend. COMMITTEE REPORTS There were no Committee Reports. Page 10 July 13,2009 STAFF REPORTS Assistant City Administrator Hobson announced Fiesta Days events scheduled for this week, noting the festivities will conclude with Parade Day, Sunday, June 19, 2009. FUTURE AGENDA ITEMS Alderman Glab expressed concerns regarding City Staff time being expended picking up illegal signs in public right-of-way. He opined the City needs to get tougher, send letters, and ticket offenders in violation of the sign ordinance. Mayor Low concurred the signs are a problem. She stated she believes that Director of Construction and Neighborhood Services Schwalenberg and his Staff had done an excellent job of identifying offenders and addressing the problem. ADJOURNMENT Motion by Condon, seconded by Peterson,to adjourn the meeting at 8:55 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:55 p.m. Mayor City Clerk REGULAR MEETING J U LY 20, 2009 Mayor Low called the regularly scheduled July 20, 2009 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Also in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin,Assistant City Administrator Hobson. PUBLIC HEARING: 2009/2010 APPROPRIATION ORDINANCE IN THE AMOUNT OF$30,150,797 Mayor Low at 7:31 p.m. opened the Public Hearing for public comment regarding the 2009/2010 Appropriation Ordinance. City Administrator Maxeiner noted prior to Council consideration of the City's annual appropriation ordinance a public hearing must be held to afford an opportunity for public comment and questions. He stated notice of the public hearing was published as required by State Statute in the Northwest Herald on July 8, 2009. He stated that no written or verbal comments or questions were received in the City Clerk's Office following the publication. In response to Mayor Low's inquiry there were no questions or comments from Council regarding the 2009-2010 Appropriation Ordinance. Additionally, there were no questions or comments from the audience regarding this matter. Motion by Santi, seconded by Wimmer, to close the Public Hearing regarding the 2009/2010 Appropriation Ordinance in the amount of$30,150,797 at 7:33 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION OF AND ACTION ON 2009/2010 APPROPRIATION ORDINANCE IN THE AMOUNT OF$30.150,797 Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to pass and approve the 2009/2010 Appropriation Ordinance for the City of McHenry in the amount of$30,150,797. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes of Public Input Session. r Page 2 July 20,2009 CONSENT AGENDA Alderman Glab noted that he wholeheartedly supports the resolution authorizing Staff's application for a CDBG Grant to provide for the installation of municipal sanitary sewers in Hunterville Subdivision. Motion by Wimmer, seconded by Peterson,to accept the Consent Agenda as presented: A. Resolution in support of the City's application for CDBG Grant in the amount of$150,000 to extend municipal sanitary sewer to Hunterville Subdivision; B. Committee Recommendation: Amendment to Municipal Code, Chapter 13, Traffic Control Ordinance, regarding installation of stop signs,establishing speed limit,and installation of no parking signs; C. Request for block party with live entertainment and special event liquor license for PLAV Annual Party; D. Block Party request: Darnell Qualls,Green Valley Subdivision,September 5,2009; E. Picnic/Special Use Permits; F. List of Bills: A W TOOL SALES INC 84.13 A-ABLE ALARM SERVICE INC 328.50 ACE HARDWARE, BJORKMAN'S 2,935.59 ACRES GROUP 14,475.00 AMELIO, ROBERT 141.00 AT&T 3,552.97 AUBUCHON, CHRISTINE 12.00 AUTO TECH CENTERS INC 425.86 B&W CONTROL SYSTEMS INTE 584.00 BARNES, JEAN 15.00 BELLMORE, STEVE 60.00 BENTZ, DONALD J 229.50 BHFX DIGITAL IMAGING 180.64 BREMER, CURTIS H 286.00 BRENNAN, DAN 1,295.00 BROGAN, WILLIAM J 34.50 BUSS FORD SALES 116.40 CDW GOVERNMENT INC 273.52 CENTEGRA OCCUPATIONAL ME 581.30 CHICAGO INTERNATIONAL TR 35.04 COMCAST CABLE 75.78 COONEY, GARY W 150.00 COUNTY CLERKS OFFICE 10.00 CULVERS OF MCHENRY 154.00 CUMPSTON, LISA 65.00 CURRAN CONTRACTING COMPA 546.46 CUTTING EDGE COMMUNICATI 26.00 D'ANGELO NATURAL SPRING 69.75 DAWSON, CHRISTINE 75.90 DELISI, PHIL 200.00 DREISILKER ELECTRIC MOTO 64.14 DURA WAX COMPANY INC, TH 33.30 ED'S RENTAL & SALES INC 1,758.00 FBI NAA 50.00 FISCHER BROS FRESH 1,267.01 FOWLER, JEFF R 207.00 FRY, ROBERT J 115.00 G IMPRESSIONS INC 120.00 GALLAGHER RISK MANAGEMEN 29.00 GALLS INCORPORATED 154.48 GOLD MEDAL PRODUCTS 3,138.75 GOVERNALE, MARY 85.00 GREAT LAKES FIRE & SAFET 179.94 HALOGEN SUPPLY COMPANY 355.60 HARM'S FARM 210.00 HENDRICKSON FLYING SERVI 3,817.20 ICMA 584.86 IIMC 75.00 Page 3 July 20,2009 ILLINOIS AUDIO PRODUCTIO 135.00 ILLINOIS CITY/COUNTY MAN 299.00 JOHNSON, DAWN 3.39 KAMINS, WILLIAM 53.00 KIMBALL MIDWEST 112.97 KING, TOM 100.00 KRUMMET, BILL 1,310.00 LAKESIDE PEST CONTROL SE 100.00 LANG PONTIAC-CADILLAC-SU 748.18 LIFEGUARD STORE INC, THE 92.90 MARYS FLOWERS & GIFTS 131.00 MAZZUCA, JOE 161.00 MCH CTY MUNICIPAL RISK M 328,766.00 MCHENRY COUNTY EDC 900.00 MCHENRY COUNTY RECORDER 1,461.00 MCHENRY FAVORITE SPORT C 50.00 MCHENRY SCHOOLS TRANSPOR 789.30 MELROSE PYROTECHNICS INC 20,000.00 MENDEZ LANDSCAPING & BRI 250.00 METROPOLITAN INDUSTRIES 1,892.71 MEYER MATERIAL COMPANY 615.14 MIDWEST METER INC 18,878.81 MILLER, EMMETT 500.00 MINUTEMAN PRESS OF MCH 270.70 MJ'S COFFEE BAR 69.00 MOORE, KEVIN 382.50 MOY, JIM 12.00 NEXTEL 2,583.18 NICOR GAS 371.90 OTTOSEN BRITZ KELLY COOP 875.00 OWSLEY, MIKE 103.47 PEPSI-COLA GENL BOT 2,424.34 PETROLIANCE LLC 9,639.08 PETTIBONE & CO, P F 45.50 PITEL SEPTIC INC 1,825.00 PRIME TACK & SEAL CO 816.48 PRO PLAYER CONSULTANTS I 1,600.00 RADIOSHACK CORPORATION 7.98 REGNER, WILLIAM J 53.48 RESERVE ACCOUNT 1,519.82 RIVERSIDE BAKE SHOP 64.76 ROCKALL, KRISTIAN 1,910.00 ROTH, SALLY 62.25 RYBA, RON 77.93 S&S WORLDWIDE INC 152.25 SAM'S CLUB 1,322.59 SANTIAGO, RUBEN 45.00 SCHAFER, PAT 108.66 SCHWINGBECK, ROBIN 51.66 SEC GROUP INC 2,751.65 SECRETARY OF STATE / POL 80.00 SECRETARY OF STATE/INDEX 10.00 SECTION 8 DOORS & HARDWA 1,750.00 SHERMAN MECHANICAL INC 729.69 SPRINT 116.97 STAN'S FINANCIAL SERVICE 222.00 TEGTMEIER, TERRY 92.00 THOMAS TRUCKING INC, KEN 770.00 UNITED LABORATORIES 464.55 UNITED STATES POSTAL SER 75.00 VERIZON WIRELESS 155.37 VIKING CHEMICAL COMPANY 8,561.56 WASTE MANAGEMENT OF WI P 6,864.81 WATER SOLUTIONS UNLIMITE 4,700.00 WILLIAMS ELECTRIC SERVIC 983.28 ZAHN, DAN 198.00 GRAND TOTALS 471,531.93 Page 4 July 20,2009 FUND TOTALS GENERAL FUND 87,672.31 PAGEANT FUND 148.60 CAPITAL IMPROVEMENTS FUND 1,750.00 WATER/SEWER FUND 52,127.27 RISK MANAGEMENT FUND 329,037.36 INFORMATION TECHNOLOGY FUND 754.39 RETAINED PERSONNEL ESCROW 42.00 TOTALS 471,531.93 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT FOR TEMPORARY OFFICE TRAILER — MTFPD. 3610 WEST ELM STREET Deputy City Administrator Martin stated a request was submitted by the McHenry Township Fire Protection District (MTFPD) for a temporary use permit to allow a temporary office trailer to be placed on their site located at 3610 West Elm Street. The duration of the permit would be for one year, at which time the applicant would be required to seek Council approval for an extension of the use. Responding to an inquiry, City Administrator Maxeiner stated emergency vehicle access would not be impaired due to the location of the trailer on the premises. Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to approve a temporary use permit to allow a temporary office trailer on the McHenry Township Fire Protection District Property located at 3610 West Elm Street for a period of one year at which time the applicant will be required to seek an extension from City Council. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY ADVERTISING AND DIRECTIONAL SIGNS FOR CABA WORLD SERIES Assistant City Administrator Hobson stated the CABA World Series organizers have requested permission to post advertising and directional signs to assist participants and visitors to their event being partially hosted by the City of McHenry at Petersen Park from July 24th through August 2nd.The request includes posting 18" by 24" signs at the following locations: • Bull Valley Road and Crystal lake Road • Route 31 and Prime Parkway • Route 31 and Bull valley Road • Route 31 and Route 120(AT&T) • Route 31 and Route 120(former Justen Funeral Home) • Route 120(Riverside Chocolate Factory) • Route 120(VFW) • Route 120 and Riverside Drive Page 5 July 20,2009 • Route 120 and Green Street • Oak Drive and Elm Street • Ringwood Road and Route 120 • Meadow Lane and Elm Street • Crystal Lake Road and Route 120 • Charles Miller Road and Green Street • Green Street and Waukegan Road • Green Street and Pearl Street • Pearl Street and North Richmond Road • Route 31 and Blake Drive • Blake Drive and McCullom Lake Road • McCullom Lake Road and Route 31(Se and NW corners) • McCullom Lake Road and Petersen Park Road • McCullom Lake Road and Lakewood Road. Assistant City Administrator Hobson stated it is Staffs recommendation to approve the request for sign placement. He noted the applicant has also requested a waiver of all associated fees. Alderman Condon expressed her support for waiving the fees for this event. She opined the event will bring revenue to the City and noted there will definitely be a need for directional signage for visitors to the community. Alderman Santi concurred with Alderman Condon. Alderman Glab requested verification that there would be only one sign posted at each location. Assistant City Administrator Hobson affirmed that was correct. Alderman Glab stated he supports the function but believes that specific sign posting locations should be provided to and followed by the applicant. Motion by Condon, seconded by Santi, to approve the posting of temporary advertising and directional signs for the CABA World Series event taking place at Petersen Park between July 24th and August 2nd, at the following locations (one sign per location), and to waive all associated permit fees: • Bull Valley Road and Crystal lake Road • Route 31 and Prime Parkway • Route 31 and Bull Valley Road • Route 31 and Route 120(A T&T) • Route 31 and Route 120(former Justen Funeral Home) • Route 120(Riverside Chocolate Factory) • Route 120(VFW) • Route 120 and Riverside Drive • Route 120 and Green Street • Oak Drive and Elm Street • Ringwood Road and Route 120 • Meadow Lane and Elm Street • Crystal Lake Road and Route 120 • Charles Miller Road and Green Street • Green Street and Waukegan Road • Green Street and Pearl Street • Pearl Street and North Richmond Road • Route 31 and Blake Drive • Blake Drive and McCullom Lake Road Page 6 July 20,2009 • McCullom Lake Road and Route 31(Se and NW corners) • McCullom Lake Road and Petersen Park Road • McCullom Lake Road and Lakewood Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT FOR SEASONAL LANDSCAPE WASTE TRANSFER FACILITY—1819 NORTH DOT STREET, MDC ENVIRONMENTAL SERVICES Deputy City Administrator Martin stated MDC Environmental Services has once again requested a temporary use permit to allow the temporary storage and transfer of landscape waste materials at the Meyer Material Company site located at 1819 North Dot Street. Since 2004 Council has granted a similar request which accommodates 24-hour temporary storage of compost materials (leaves and yard waste) during the spring and fall leaf/yard waste collections in the City. Each year the request is granted for a one=year term subject to the following conditions: 1. A copy of the IEPA permit shall be furnished to the City and the site shall be inspected by City Staff prior to beginning operations and at the end of operations each season; 2. The permit shall be valid only during the spring/fall landscape waste pickup times in the City; 3. The applicant must come back to the City for annual renewal of the permit; 4. Any expansion of the site must be brought before City Council for approval; 5. Only landscape waste generated from the City of McHenry shall be accepted at the facility. Deputy City Administrator Martin stated the permit being sought is for the Fall 2009 and Spring 2010 yard waste collections. It is Staffs recommendation to approve the temporary use permit as requested subject to the conditions as stated. Motion by Schaefer, seconded by Peterson, to accept Staffs recommendation to approve a temporary use permit to allow a seasonal landscape waste transfer facility within the Meyer Material Gravel Pit located at 1819 North Dot Street for one year commencing with the Fall 2009 yard waste collection program and ending with the conclusion of the Spring 2010 yard waste collection program, subject to the following conditions: 1. A copy of the IEPA permit shall be furnished to the City and the site shall be inspected by City Staff prior to beginning operations and at the end of operations each season; 2. The permit shall be valid only during the spring/fall landscape waste pickup times in the City; 3. The applicant must come back to the City for annual renewal of the permit; 4. Any expansion of the site must be brought before City Council for approval; 5. Only landscape waste generated from the City of McHenry shall be accepted at the facility. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Page 7 July 20,2009 MAYOR STATEMENT AND REPORT Mayor Low complimented the McHenry Chamber and the Fiesta Days Committee, Assistant City Administrator Hobson and Staff for all of their efforts in making this year's Fiesta Days such a successful community event. Mayor Low announced the CABA World Series opening ceremony is scheduled for Sunday,July 26t"at 7:30 p.m. and encouraged all who were available to attend. COMMITTEE REPORTS Chairman Alderman Condon announced a Community Development Committee Meeting is scheduled for Tuesday,July 21, 2009 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner announced CABA World Series games begin on Friday, July 24, 2009. Assistant City Administrator Hobson announced Family Faith Night is scheduled for Saturday,July 25, 2009 between the hours of 4 p.m. and 10 p.m. at Petersen Park. City Administrator Maxeiner announced the City is hosting a Blood Drive at the Municipal Center on Tuesday, July 29, 2009. Those interested in participating should contact Human Resources Manager Zinanni at the Municipal Center. FUTURE AGENDA ITEMS Alderman Condon stated, although the vehicle display at the former Justen Funeral Home was approved by Council, she noticed Mr. Potts included the price of the vehicle displayed on it. Alderman Peterson noted he spoke with Mr. Potts who stated the offending vehicle was not his vehicle. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Wimmer, seconded by Glab, to go into Executive Session to discuss Potential Litigation at 7:51 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 7:52 p.m. Page 8 July 20,2009 Motion by Wimmer, seconded by Peterson,to go back into Open Session at 8:29 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:29 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 8:30 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:30 p.m. Mayor City Clerk DATE' 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071174 510 32 1108 ADAMS ENTERPRISES INC, R 412850SUPPLIES 08/03/09 0 072909 2.29 510.32.6110 0907 072909 GLJ8896 2.29 072909 9070989 510 32 1106 ADAMS STEEL SERVICE INC 284093WELDING SERVICES 08/03/09 0 072709 449.58 510.32.6110 0907 072709 GLJ8885 449.58 072709 9070990 100 45 1106 ADAMS STEEL SERVICE INC 284273WELDING SERVICES 08/03/09 0 072709 20.00 100.45.6110 0907 072709 GLJ8885 20.00 072709 9070991 100 33 1389 ALEXANDER EQUIPMENT COMP 64144 VEHICLE REPAIR PARTS O8/03/09 0 072709 1,123.10 100.33.5370 0907 072709 GLJ8885 1123.10 072709 9070993 100 42 1438 AMERICAN RED CROSS OF GR CST048023 TRAINING SUPPLIES 08/03/09 0 072709 416.79 100.42.6110 0907 072709 GLJ8885 416.79 072709 9070994 100 42 1438 AMERICAN RED CROSS OF GR CST047397 AUTHORIZED PROVIDER RENEWAL 08/03/09 0 072709 300.00 100.42.5410 0907 072709 GLJ8885 300.00 072709 9070995 100 00 4 ANDREW, DAN VEHICLE STICKER REFUND 08/03/09 0 072709 12.00 100.00.3330 0907 072709 GLJ8885 12.00 072709 9070996 XXXXX XXXXX 1450 AT&T JULY/AUGOBPRI PHONE LINES 08/03/09 0 072709 2,344.00 100.01.5320 0907 072709 GLJ8885 367.36 072709 100.02.5320 0907 072709 GLJ8885 133.70 072709 100.04.5320 0907 072709 GLJ8885 178.26 072709 100.22.5320 0907 072709 GLJ8885 846.74 072709 100.30.5320 0907 072709 GLJ8885 133.70 072709 100.33.5320 0907 072709 GLJ8885 44.57 072709 100.03.5320 0907 072709 GLJ8885 311.96 072709 100.41.5320 0907 072709 GLJ8885 133.70 072709 100.44.5320 0907 072709 GLJ8885 22.28 072709 100.46.5320 0907 072709 GLJ8885 66.56 072709 100.47.5320 0907 072709 GLJ8885 22.26 072709 620.00.5110 0907 072709 GLJ8885 82.91 072709 9070997 100 XXXXX 1450 AT&T JULY/AUG09ALARM CIRCUITS 08/03/09 0 072709 1,225.01 100.22.5320 0907 072709 GLJ8885 763.78 072709 100.43.5320 0907 072709 GLJ8885 112.83 072709 100.45.5320 0907 072709 GLJ8885 348.40 072709 9070998 510 XXXXX 1450 AT&T JULY/AUG09ALARM CIRCUITS O8/03/09 0 072709 484.92 510.31.5320 0907 072709 GLJ8885 83.01 072709 510.32.5320 0907 072709 GLJ8885 401.91 072709 9070999 100 01 1452 AT&T LONG DISTANCE 857237047 LONG DISTANCE PHONE SERVICE 08/03/09 0 072709 .24 100.01.5310 0907 072709 GLJ8885 .24 072709 9071000 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 08/03/09 0 072709 72.62 100.01.5320 0907 072709 GLJ8885 68.13 072709 100.22.5320 0907 072709 GLJ8885 .07 072709 100.30.5320 0907 072709 GLJ8885 .11 072709 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.33.5320 0907 072709 GLJ8885 3.28 072709 100.41.5320 0907 072709 GLJ8885 .42 072709 100.42.5320 0907 072709 GLJ8885 .08 072709 100.45.5320 0907 072709 GLJ8885 .73 072709 9071001 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 08/03/09 0 072709 2.15 510.31.5320 0907 072709 GLJ8885 1.22 072709 510.32.5320 0907 072709 GLJ8885 .93 072709 9071002 100 22 1738 AUTO TECH CENTERS INC 209027TIRES 08/03/09 0 072709 411.75 100.22.5370 0907 072709 GLJ8885 411.75 072709 9071003 510 32 1806 AW CHESTERTON COMPANY 2204215901EQUIPMENT REPAIRS 08/03/09 0 072709 2,494.22 510.32.5375 0907 072709 GLJ8885 2494.22 072709 9071175 510 32 1806 AW CHESTERTON COMPANY 2210856901EQUIPMENT REPAIRS 08/03/09 0 072909 2,494.22 510.32.5375 0907 072909 GLJ8896 2494.22 072909 9071004 100 22 2300 BIRK, JOHN PARKING EXPENSE RIEMB 08/03/09 0 072709 62.00 100.22.5420 0907 072709 GLJ8885 62.00 072709 9071095 100 03 2636 BRENNAN, DAN 7/22/09 MOWING SERVICES O8/03/09 0 072809 700.00 100.03.5110 0907 072809 GLJ8892 700.00 072809 9071005 100 45 2670 BSN SPORTS 93178584 SUPPLIES O8/03/09 0 072709 449.34 100.45.6110 0907 072709 GLJ8885 449.34 072709 9071006 100 22 2765 BUSS FORD SALES 33168 VEHICLE REPAIR PARTS 08/03/09 0 072709 100.46 100.22.5370 0907 072709 GLJ8885 100.46 072709 9071007 100 22 2765 BUSS FORD SALES 33176 VEHICLE REPAIR PARTS 08/03/09 0 072709 118.52 100,22.5370 0907 072709 GLJ8885 118.52 072709 9071008 100 22 2765 BUSS FORD SALES 33283 VEHICLE REPAIR PARTS 08/03/09 0 072709 22.08 100.22.5370 0907 072709 GLJ8885 22.08 072709 9071009 100 22 2765 BUSS FORD SALES 33386 VEHICLE REPAIR PARTS O8/03/09 0 072709 51.50 100.22.5370 0907 072709 GLJ8885 51.50 072709 9071010 100 22 2765 BUSS FORD SALES 33311 VEHICLE REPAIR PARTS 08/03/09 0 072709 106.96 100.22.5370 0907 072709 GLJ8885 106.96 072709 9071011 100 47 3140 CELESKI, GREGORY L 6/11-7/23 PARKS PROGRAM INSTRUCTOR O8/03/09 0 072709 420.00 100.47.5110 0907 072709 GLJ8885 420.00 072709 9071012 100 22 3269 CHICAGO COMMUNICATIONS L 191058ANTENNA REPAIRS 08/03/09 0 072709 257.50 100.22.5370 0907 072709 GLJ8885 257.50 072709 9071013 100 33 6635 CHICAGO INTERNATIONAL TR 111105235 VEHICLE REPAIR PARTS 08/03/09 0 072709 432.84 100.33.5370 0907 072709 GLJ8885 432.84 072709 DATEw 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071014 100 01 3387 CLARKE ENVIRONMENTAL MOS 6327359 MOSQUITO MANAGEMENT SERVICE 08/03/09 0 072709 1,750.00 100.01.5110 0907 072709 GLJ8885 1750.00 072709 9071015 100 01 3387 CLARKE ENVIRONMENTAL MOS 6327042 MOSQUITO MANAGEMENT SERVICE 08/03/09 0 072709 1,750.00 100.01.5110 0907 072709 GLJ8885 1750.00 072709 9071016 100 01 3387 CLARKE ENVIRONMENTAL MOS 6326971 MOSQUITO MANAGEMENT SERVICE 08/03/09 0 072709 1,125.00 100.01.5110 0907 072709 GLJ8885 1125.00 072709 9071017 100 41 1 CLENDENING, ALYSSA PARKS PROGRAM REFUND O8/03/09 0 072709 70.00 100.41.3634 0907 072709 GLJ8885 70.00 072709 9071018 100 33 3400 CLIFFORD-WALD IN00054711LARGE COPIER SUPPLIES 08/03/09 0 072709 528.26 100.33.6210 0907 072709 GLJ8885 528.26 072709 9071182 510 32 3531 COMED 1953013067UTILITIES 08/03/09 0 072909 160.09 510.32.5510 0907 072909 GLJ8899 160.09 072909 9071019 620 00 3511 COMPUTERIZED FLEET AN 28592 SOFTWARE ANNUAL FEE 08/03/09 0 072709 2,400.00 620.00.5110 0907 072709 GLJ8885 2400.00 072709 9071020 100 33 3537 CONCRETE SOLUTIONS 12451 SUPPLIES 08/03/09 0 072709 910.00 100.33.6110 0907 072709 GLJ8885 910.00 072709 9071021 100 33 3537 CONCRETE SOLUTIONS 12046 SUPPLIES 08/03/09 0 072709 647.10 100.33.6110 0907 072709 GLJ8885 647.10 072709 9071022 510 XXXXX 3565 CONSTELLATION NEWENERGY 0001290403WATER/SEWER PUMPING CHARGES O8/03/09 0 072709 40,008.25 510.31.5510 0907 072709 GLJ8885 8748.29 072709 510.32.5510 0907 072709 GLJ8885 31259.96 072709 9071023 100 45 3634 CRESCENT ELECTRIC SUPPLY 112-138137ELECTRICAL SUPPLIES 08/03/09 O 072709 20.96 100.45.6110 0907 072709 GLJ8885 20.96 072709 9071024 100 33 3742 CURRAN CONTRACTING COMPA 71101 MATERIALS O8/03/09 O 072709 4,996.77 100.33.6110 0907 072709 GLJ8885 4996.77 072709 9071025 100 33 3757 CUTTING EDGE COMMUNICATI 3236 PHONE LINE INSTALLATION 08/03/09 0 072709 92.50 100.33.5110 0907 072709 GLJ8885 92.50 072709 9071026 100 22 3757 CUTTING EDGE COMMUNICATI 3247 DATA CONNECTION REPAIRS 08/03/09 0 072709 92.50 100.22.6270 0907 072709 GLJ8885 92.50 072709 9071027 100 22 4144 DELL MARKETING LP XD9386DK5 COMPUTER SUPPLIES O8/03/09 0 072709 2,207.25 100.22.6270 0907 072709 GLJ8888 2207.25 072709 9071028 100 41 1 DUGINSKE, JACQUIE PARKS PROGRAM REFUND O8/03/09 0 072709 85.00 100.41.3637 0907 072709 GLJ8888 85.00 072709 9071029 510 31 5050 EAST JORDAN IRON WORKS 3182755 SUPPLIES 08/03/09 0 072709 879.64 510.31.6110 0907 072709 GLJ8888 879.64 072709 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071043 510 31 5107 ED'S RENTAL & SALES INC 1-345046 SUPPLIES 08/03/09 0 072809 13.80 510.31.6110 0907 072809 GLJ8889 13.80 072809 9071030 100 22 6026 FAMILY TAILOR SHOP 157622EMPLOYEE UNIFORM ALTERATIONS 08/03/09 0 072709 24.00 POLIDORI 100.22.4510 0907 072709 GLJ8888 24.00 072709 9071031 100 22 6029 FAST EDDIES CAR WASH JUNE 2009 VEHICLE WASHES 08/03/09 0 072709 242.30 100.22.5370 0907 072709 GLJ8888 242.30 072709 9071032 100 33 6293 FISCHER BROS FRESH 12569 MATERIALS 08/03/09 0 072709 1,396.50 100.33.6110 0907 072709 GLJ8888 1396.50 072709 9071033 100 33 6293 FISCHER BROS FRESH 12554 MATERIALS 08/03/09 0 072709 548.63 100.33.6110 0907 072709 GLJ8888 548.63 072709 9071034 100 33 6293 FISCHER BROS FRESH 12553 MATERIALS 08/03/09 0 072709 781.88 100.33.6110 0907 072709 GLJ8888 781.68 072709 9071035 100 33 6293 FISCHER BROS FRESH 12552 MATERIALS 08/03/09 0 072709 333.50 100.33.6110 0907 072709 GLJ8888 333.50 072709 9071036 100 22 6390 FLESCH COMPANY INC, GORD OKQ927COPIER METER READING 08/03/09 0 072709 111.81 100.22.5110 0907 072709 GLJ8888 111.81 072709 - 9071037 100 33 6559 FOXCROFT MEADOWS INC 35460 SOD 08/03/09 0 072709 35.36 100.33.6110 0907 072709 GLJ8888 35.36 072709 9071038 510 31 6559 FOXCROFT MEADOWS INC 35508 STRAW BALES 08/03/09 0 072709 10.00 510.31.6110 0907 072709 GLJ8888 10.00 072709 9071039 510 31 6559 FOXCROFT MEADOWS INC 35573 SOD 08/03/09 0 072709 36.72 510.31.6110 0907 072709 GLJ8888 36.72 072709 9071040 100 22 7007 GALLS AN ARAMARK CO LLC 2251701037EMPLOYEE UNIFORMS 08/03/09 0 072709 22.46 100.22.4510 0907 072709 GLJ8888 22.46 072709 9071041 100 22 7007 GALLS AN ARAMARK CO LLC 2533201012EMPLOYEE UNIFORMS 08/03/09 0 072709 65.98 ROSKE 100.22.4510 0907 072709 GLJ8888 65.98 072709 9071172 100 41 1 GARELLI, EMILY PARKS PROGRAM REFUND 08/03/09 0 072909 24.00 100.41.3637 0907 072909 GLJ8896 24.00 072909 9071042 100 04 7391 GLICK, DEBORAH A CLOTHING ALLOWANCE REIMB 08/03/09 0 072709 42.80 100.04.4510 0907 072709 GLJ8888 42.80 072709 9071044 510 31 8042 HAWKINS INC 3034090 CHEMICALS 08/03/09 0 072809 2,178.08 510.31.6110 0907 072809 GLJ8889 2178.08 072809 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071045 510 31 8042 HAWKINS INC 3016577 CHEMICALS 08/03/09 0 072809 80.00 510.31.6110 0907 072809 GLJ8889 80.00 072809 9071046 510 31 8042 HAWKINS INC 3005919 CHEMICALS 08/03/09 0 072809 85.00 510.31.6110 0907 072809 GLJ8889 85.00 072809 9071047 510 31 8042 HAWKINS INC 3025282 CHEMICALS 08/03/09 0 072809 115.00 510.31.6110 0907 072809 GLJ8889 115.00 072809 9071096 100 XXXXX 8527 HOME DEPOT/GECF JUNE/JULY MATERIALS & SUPPLIES 08/03/09 0 072809 187.93 100.01.6110 0907 072809 GLJ8892 110.26 072809 100,33.6110 0907 072809 GLJ8892 49.74 072809 100.45.6110 0907 072809 GLJ8892 27.93 072809 9071097 510 31 8527 HOME DEPOT/GECF JUNE/JULY MATERIALS & SUPPLIES O8/03/09 0 072809 79.97 510.31.6110 0907 072809 GLJ8892 79.97 072809 9071048 100 01 9084 ICSC MAY 2010 RECON O8/03/09 0 072809 990.00 100.01.5430 0907 072809 GLJ8889 990.00 072809 9071049 510 32 9520 INTERSTATE BATTERY SYSTE 030025UPS BATTERY 08/03/09 0 072809 51.90 510.32.5375 0907 072809 GLJ8889 51.90 072809 9071050 510 32 9520 INTERSTATE BATTERY SYSTE 030023OPS BATTERY 08/03/09 0 072809 51.90 510.32.5375 0907 072809 GLJ8889 51.90 072809 9071051 100 42 10147 JENSEN'S PLUMBING & HEAT 072404POOL HEATER REPAIRS 08/03/09 0 072809 560.00 100.42.5110 0907 072809 GLJ8889 560.00 072809 9071052 100 46 10300 JIMANOS PIZZERIA MCHENRY07 PIZZAS FOR DAY CAMP 08/03/09 0 072809 44.00 100.46.6110 0907 072809 GLJ8889 44.00 072809 9071053 100 33 10735 JULIE INC 06-09-0978UNDERGROUND LOCATES 08/03/09 0 072809 97.06 100.33.5110 0907 072809 GLJ8889 97.06 072809 9071054 510 XXXXX 10735 JULIE INC 06-09-0978UNDERGROUND LOCATES 08/03/09 0 072809 194.14 510.31.5110 0907 072809 GLJ8889 97.07 072809 510.32.5110 0907 072809 GLJ8889 97.07 072809 9071055 100 22 11025 KALE UNIFORMS INC 361141EMPLOYEE UNIFORMS 08/03/09 0 072809 702.73 100.22.4510 0907 072809 GLJ8889 POLIDORI 174.47 072809 100.22.4510 0907 072809 GLJ8889 DEBOLT 133.44 072809 100.22.4510 0907 072809 GLJ8889 NESTER 394.82 072809 9071056 100 33 11286 KIMBALL MIDWEST 1133356 SUPPLIES 08/03/09 0 072809 241.59 100.33.5370 0907 072809 GLJ8889 241.59 072809 9071057 100 33 11286 KIMBALL MIDWEST 1141982 SUPPLIES 08/03/09 0 072809 136.71 100.33.5370 0907 072809 GLJ8889 136.71 072809 9071058 100 41 1 KNAACK, MICHELLE PARKS PROGRAM REFUND 08/03/09 0 072809 116.00 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.41.3637 0907 072809 GLJ8889 116.00 072809 9071059 100 04 11635 KRANZ, ANNE CLOTHING ALLOWANCE REIMB 08/03/09 0 072809 151.95 100.04.4510 0907 072809 GLJ8889 151.95 072809 9071060 100 XXXXX 11638 KRATZ PLUMBING COMPANY 3189 ANNUAL RPZ INSPECTIONS 08/03/09 0 072809 1,870.00 100.01.5110 0907 072809 GLJ8889 615.00 072809 100.30.5110 0907 072809 GLJ8889 75.00 072809 100.41.5110 0907 072809 GLJ8889 1180.00 072809 9071061 510 32 11638 KRATZ PLUMBING COMPANY 3189 ANNUAL RPZ INSPECTIONS 08/03/09 0 072809 1,005.00 510.32.5110 0907 072809 GLJ8889 1005.00 072809 9071062 100 41 1 KUTHE, KATHLEEN PARKS PROGRAM REFUND 08/03/09 0 072809 45.00 100.41.3634 0907 072809 GLJ8889 45.00 072809 9071063 100 46 12006 LAIDLAW TRANSIT INC 714CO83187FIELD TRIP TOLLS 08/03/09 0 072809 3.00 100.46.5110 0907 072809 GLJ8889 3.00 072809 9071064 100 01 9428 LAMBERT, FRANCES B 5656 UNIFORMS EMBROIDERY 08/03/09 0 072809 18.00 GORNIAK 100.01.4510 0907 072809 GLJ8889 18.00 072809 9071065 100 41 12017 LANG PONTIAC-CADILLAC-SU 77711 VEHICLE REPAIR PARTS 08/03/09 0 072809 38.42 100.41,5370 0907 072609 GLJ8889 38.42 072809 9071066 100 41 12017 LANG PONTIAC-CADILLAC-SU 77739 VEHICLE REPAIR PARTS 08/03/09 0 072809 43.03 100.41,5370 0907 072809 GLJ8889 43.03 072809 9071067 440 00 13011 MANEVAL CONSTRUCTION CO 6437/FINALACE/POST OFFICE ACCESS 08/03/09 0 072809 5,724.54 440.00.8600 0907 072809 GLJ8889 5724.54 072809 100-ACEPOST 9071068 100 22 16015 MARATHON TOWING 10966 TOWING SERVICES 08/03/09 0 072809 125.00 100.22.5110 0907 072809 GLJ8889 125.00 072809 9071069 100 04 13015 MARTENSON, LYNN G CLOTHING ALLOWANCE REIMB 08/03/09 0 072809 310.48 100.04.4510 0907 072809 GLJ8889 310.48 072809 9071080 100 41 1 MCCALL, MICHELE PARKS PROGRAM REFUNDS 08/03/09 0 072809 105.00 100.41.3634 0907 072809 GLJ8889 50.00 072809 100.41.3634 0907 072809 GLJ8889 55.00 072809 9071081 100 33 14069 MCCANN INDUSTRIES INC 11021787 VEHICLE REPAIR PARTS 08/03/09 0 072809 983.92 100.33.5370 0907 072809 GLJ8889 983.92 072809 9071082 100 33 14069 MCCANN INDUSTRIES INC 11021951 VEHICLE REPAIR PARTS 08/03/09 0 072809 116.10 100.33.5370 0907 072809 GLJ8889 116.10 072809 9071083 510 31 14246 MCHENRY ANALYTICAL WATER 22734 WATER SAMPLE ANALYSIS 08/03/09 0 072809 190.00 510.31.5110 0907 072809 GLJ8889 190.00 072809 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071084 510 31 14246 MCHENRY ANALYTICAL WATER 902682WATER SAMPLE ANALYSIS 08/03/09 0 072809 462.50 510.31.5110 0907 072809 GLJ8889 462.50 072809 9071085 XXXXX XXXXX 14272 MCHENRY COUNTY COLLECTOR 2ND INSTAL2008 REAL ESTATE TAXES O8/03/09 0 072809 6,380.41 280.41.6940 0907 072809 GLJ8889 6369.46 072809 100.01.6940 0907 072809 GLJ8889 10.95 072809 9071086 590 00 14272 MCHENRY COUNTY COLLECTOR 2ND INSTAL2008 REAL ESTATE TAXES 08/03/09 0 072809 9,702.77 590.00.6940 0907 072809 GLJ8889 9702.77 072809 9071176 100 22 14266 MCHENRY FIRESTONE 16574 VEHICLE REPAIRS 08/03/09 0 072909 60.00 100.22.5370 0907 072909 GLJ8896 60.00 072909 9071087 100 42 14292 MCHENRY SCHOOLS TRANSPOR 7/7/09SWIM TEAM TRANSPORTATION O8/03/09 0 072809 194.42 100.42.6110 0907 072809 GLJ8889 194.42 072809 9071088 100 42 14292 MCHENRY SCHOOLS TRANSPOR 7/7/09SWIM TEAM TRANSPORTATION 08/03/09 0 072809 159.12 100.42.6110 0907 072809 GLJ8889 159.12 072809 9071089 100 42 14292 MCHENRY SCHOOLS TRANSPOR 7/14/09 SWIM TEAM TRANSPORTATION 08/03/09 0 072809 152.94 100.42.6110 0907 072809 GLJ8889 152.94 072809 9071090 100 42 14292 MCHENRY SCHOOLS TRANSPOR 7/18/09 SWIM TEAM TRANSPORTATION 08/03/09 0 072809 373.80 100.42.6110 0907 072809 GLJ8889 373.80 072809 9071091 100 42 14292 MCHENRY SCHOOLS TRANSPOR 7/18/09 SWIM TEAM TRANSPORTATION 08/03/09 0 072809 407.06 100.42.6110 0907 072809 GLJ8889 407.06 072809 9071092 100 02 14278 MCHENRY SPECIALTIES 2009-781 FD PARARDE MARSHALL KEY 08/03/09 0 072809 18.00 100.02.6110 0907 072809 GLJ8889 18.00 072809 9071173 100 47 14278 MCHENRY SPECIALTIES 2009-833 SOFTBALL PLAQUES O8/03/09 0 072909 450.00 100.47.6110 0907 072909 GLJ8896 450.00 072909 9071093 510 32 14424 MCMASTER-CARR SUPPLY CO 32878202 SUPPLIES O8/03/09 0 072809 69.37 510.32.6110 0907 072809 GLJ8889 69.37 072809 9071094 100 41 1 MCNALLY, DANIELA PAKS PROGRAM REFUND O8/03/09 0 072809 85.00 100.41.3634 0907 072809 GLJ8889 85.00 072809 9071070 510 31 13172 MEYER MATERIAL COMPANY 226521MATERIALS 08/03/09 0 072809 28.75 510.31.6110 0907 072809 GLJ8889 28.75 072809 9071071 510 31 13309 MID AMERICAN WATER OF WA 112494W SUPPLIES 08/03/09 0 072809 132.00 510.31.6110 0907 072809 GLJ8889 132.00 072809 9071072 510 31 13309 MID AMERICAN WATER OF WA 112276W SUPPLIES 08/03/09 0 072809 635.00 510.31.6110 0907 072809 GLJ8889 635.00 072809 9071073 510 31 13309 MID AMERICAN WATER OF WA 112106W SUPPLIES 08/03/09 0 072809 35.00 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.31.6110 0907 072809 GLJ8889 35.00 072809 9071074 620 00 13274 MIDCO 224795TELEPHONE CHANGES & UPDATES 08/03/09 0 072809 301.50 620.00.5320 0907 072809 GLJ8889 301.50 072809 9071075 100 33 13277 MIDWEST HOSE AND FITTING M2412 SUPPLIES 08/03/09 0 072809 10.17 100.33.6110 0907 072809 GLJ8889 10.17 072809 9071076 510 31 13288 MIDWEST METER INC 9192-IN WATER METERS & SUPPLIES 08/03/09 0 072809 501.13 510.31.6110 0907 072809 GLJ8889 501.13 072809 9071077 100 45 13290 MILLER MONUMENT COMPANY 6/30/09 ARBOR DAY BRICKS 08/03/09 0 072809 324.80 100.45.6110 0907 072809 GLJ8889 324.80 072809 9071078 100 41 1 MORGAN, DAWN PARKS PROGRAM REFUND 08/03/09 0 072809 145.00 100.41.3634 0907 072809 GLJ8889 50.00 072809 100.41.3636 0907 072809 GLJ8889 95.00 072809 9071079 100 33 13702 MTS SAFETY PRODUCTS INC 2340800 SUPPLIES 08/03/09 0 072809 282.66 100.33.6110 0907 072809 GLJ8889 282.66 072809 9071099 620 00 15140 NEC CORPORATION OF AMERI 90433529 WARRANTY AND TECH SUPPORT 08/03/09 0 072809 3,744.00 620.00.5110 0907 072809 GLJ8892 3744.00 072809 9071100 100 22 15545 NICOR GAS 523981000 UTILITIES 08/03/09 0 072809 428.08 100.22.5510 0907 072809 GLJ8892 428.08 072809 9071101 100 XXXXX 15545 NICOR GAS JUNE/DULY UTILITIES 08/03/09 0 072809 1,311.06 100.43.5510 0907 072809 GLJ8892 29.92 072809 100.45.5510 0907 072809 GLJ8892 149.99 072809 100.46.5510 0907 072809 GLJ8892 28.69 072809 100.33.5520 0907 072809 GLJ8892 111.23 072809 100.22.5510 0907 072809 GLJ8892 238.91 072809 100.01.5510 0907 072809 GLJ8892 752.32 072809 9071102 510 XXXXX 15545 NICOR GAS JUNE/JULY UTILITIES O8/03/09 0 072809 513.72 510.31.5510 0907 072809 GLJ8892 175.94 072809 510.32.5510 0907 072809 GLJ8892 337.78 072809 9071103 510 31 15553 NORTH SUBURBAN WATER 8/13/09 MONTHLY LUNCHEON MEETING 08/03/09 0 072809 45.00 510.31.5430 0907 072809 GLJ8892 45.00 072809 9071104 100 22 15556 NORTHWEST HERALD 67497 SUBSCRIPTION 08/03/09 0 072809 211.60 100.22.5450 0907 072809 GLJ8892 211.60 072809 9071105 100 01 17005 PACE 48926 LOCAL SHARE DIAL A RIDE 08/03/09 0 072809 6,776.07 100.01.5110 0907 072809 GLJ8892 6776.07 072809 9071106 100 41 17035 PAYLINE WEST INC S14278VEHICLE REPAIR PARTS O8/03/09 O 072809 78.65 100.41.5370 0907 072809 GLJ8892 78.65 072809 DATE• 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071107 100 33 17035 PAYLINE WEST INC S14277VEHICLE REPAIR PARTS 08/03/09 0 072809 1,295.84 100.33.5370 0907 072809 GLJ8892 1295.84 072809 9071108 100 41 1 PERSINO, RICHARD PARKS POOL RENTAL REFUND 08/03/09 0 072809 165.00 100.41.3634 0907 072809 GLJ8892 165.00 072809 9071109 100 41 1 PETRAS, JEFF PARKS PROGRAM REFUND 08/03/09 0 072809 89.00 100.41.3634 0907 072809 GLJ8892 89.00 072809 9071110 100 03 2532 PETROLIANCE LLC 8697291 VEHICLE FUEL 08/03/09 0 072809 113.86 100.03.6250 0907 072809 GLJ8892 113.86 072809 9071111 100 03 2532 PETROLIANCE LLC 1073540 VEHICLE FUEL 08/03/09 0 072809 127.86 100.03.6250 0907 072809 GLJ8892 127.86 072809 9071112 100 22 2532 PETROLIANCE LLC 1073541 VEHICLE FUEL O8/03/09 0 072809 2,086.46 100.22.6250 0907 072809 GLJ8892 2086.46 072809 9071113 100 33 2532 PETROLIANCE LLC 1073467 VEHICLE FUEL O8/03/09 0 072809 114.49 100.33.6250 0907 072809 GLJ8892 114.49 072809 9071114 100 33 2532 PETROLIANCE LLC 1073469 VEHICLE FUEL O6/03/09 0 072809 279.27 100.33.6250 0907 072809 GLJ8892 279.27 072809 9071115 100 XXXXX 2532 PETROLIANCE LLC 1073542 VEHICLE FUEL 08/03/09 0 072809 637.73 100.33.6250 0907 072809 GLJ8892 567.48 072809 100.01.6250 0907 072809 GLJ8892 70.25 072809 9071116 100 45 2532 PETROLIANCE LLC 1073543 VEHICLE FUEL 08/03/09 0 072809 402.01 100.45.6250 0907 072809 GLJ8892 402.01 072809 9071117 100 45 2532 PETROLIANCE LLC 8697294 VEHICLE FUEL 08/03/09 0 072809 500.77 100.45.6250 0907 072809 GLJ8892 500.77 072809 9071118 510 31 2532 PETROLIANCE LLC 1073471 VEHICLE FUEL 08/03/09 0 072809 148.54 510.31.6250 0907 072809 GLJ8892 148.54 072809 9071119 510 31 2532 PETROLIANCE LLC 1073544 VEHICLE FUEL 08/03/09 0 072809 116.51 510.31.6250 0907 072809 GLJ8892 116.51 072809 9071120 510 32 2532 PETROLIANCE LLC 1073472 VEHICLE FUEL 08/03/09 0 072809 158.49 510.32.6250 0907 072809 GLJ8892 158.49 072809 9071121 510 32 2532 PETROLIANCE LLC 1073387 VEHICLE FUEL 08/03/09 0 072809 328.23 510.32.6250 0907 072809 GLJ8892 328.23 072809 9071122 100 22 17154 PETTIBONE & CO, P F 18157 EMPLOYEE UNIFORM ITEMS 08/03/09 0 072809 29.99 PRATHER 100.22.4510 0907 072809 GLJ8892 29.99 072809 9071123 100 45 19028 PITEL SEPTIC INC 5761 PORTABLE TOILET RENTALS 08/03/09 0 072809 1,050.00 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.45.5110 0907 072809 GLJ8892 1050.00 072809 9071124 100 47 19028 PITEL SEPTIC INC 5793 PORTABLE TOILET RENTALS 08/03/09 0 072809 200.00 100.47.6920 0907 072809 GLJ8892 200.00 072809 9071125 XXXXX XXXXX 17295 PITNEY BOWES INC 5501004540MAILING MACHINE SUPPLIES 08/03/09 0 072809 108.78 100.01.5310 0907 072809 GLJ8892 13.60 072809 100.02.5310 0907 072809 GLJ8892 13.59 072809 100.03.5310 0907 072809 GLJ8892 13.60 072809 100.04.5310 0907 072809 GLJ8892 13.60 072809 100.22.5310 0907 072809 GLJ8892 13.60 072809 100.30.5310 0907 072809 GLJ8892 13.60 072809 100.41.5310 0907 072809 GLJ8892 13.60 072809 205.00.5310 0907 072809 GLJ8892 13.59 072809 9071126 510 XXXXX 17295 PITNEY BOWES INC 5501004540MAILING MACHINE SUPPLIES 08/03/09 0 072809 27.20 510.31.5310 0907 072809 GLJ8892 13.60 072809 510.32.5310 0907 072809 GLJ8892 13.60 072809 9071127 100 33 17640 PRECISION SERVICE & PART 06-081304 VEHICLE REPAIR PARTS 08/03/09 0 072809 159.62 100.33.5370 0907 072809 GLJ8892 159.82 072809 9071181 100 33 17640 PRECISION SERVICE & PART 3066468-CMCORE DEPOSIT 08/03/09 0 072909 12.00- 100.33.5370 0907 072909 GLJ8899 12.00CR 072909 9071128 100 33 17641 PRECISION SHARPENING - 7/6/09CHAIN & BLADE SHARPENING 08/03/09 0 072809 144.00 100.33.6110 0907 072809 GLJ8892 144.00 072809 9071129 100 22 19015 RADICOM INC 95467 DISPATCH EQUIPMENT 08/03/09 0 072809 64.26 100.22.6110 0907 072809 GLJ8894 64.26 072809 9071130 100 22 19015 RADICOM INC 95432 DISPATCH EQUIPMENT 08/03/09 0 072809 64.26 100.22.6110 0907 072809 GLJ8894 64.26 072809 9071131 100 45 19155 REINDERS INC 1259379 SUPPLIES 08/03/09 0 072809 104.87 100.45.5370 0907 072809 GLJ8894 104.87 072809 9071132 100 45 19155 REINDERS INC 1260936 SUPPLIES 08/03/09 0 072809 35.20 100.45.5370 0907 072809 GLJ8894 35.20 072809 9071133 100 33 19175 REX AUTO BODY 5849 VEHICLE REPAIRS 08/03/09 0 072809 99.86 100.33.5370 0907 072809 GLJ8894 99.86 072809 9071134 100 43 19286 RIETESEL, BYRON 6/30/09 BEACH UMBRELLA REPAIRS 08/03/09 0 072809 325.00 - 100.43.5110 0907 072809 GLJ8894 325.00 072809 9071135 100 22 19310 RIVERSIDE ANIMAL CLINIC 9336 K-9 VET SERVICES 08/03/09 0 072809 26.00 100.22.6310 0907 072809 GLJ8894 26.00 072809 9071136 100 47 19877 RYBA, RON SUPPLIES REIMB 08/03/09 0 072809 14.46 100.47.6110 0907 072809 GLJ8894 14.46 072809 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071143 100 46 20666 S&S WORLDWIDE INC 6324273 DAY CAMP SUPPLIES 08/03/09 0 072809 39.94 100.46,6110 0907 072809 GLJ8894 39.94 072809 9071144 100 46 20666 S&S WORLDWIDE INC 6325299 DAY CAMP SUPPLIES 08/03/09 0 072809 17.98 100.46.6110 0907 072809 GLJ8894 17.98 072809 9071138 510 32 20174 S-F ANALYTICAL LABORATOR 9052834 ACUTE TOXICITY TESTING 08/03/09 0 072809 445.00 510.32.5110 0907 072809 GLJ8894 445.00 072809 9071137 100 42 20086 SCHATZ, DONALD 8/12/09 DJ SERVICES 08/03/09 0 072809 195.00 100.42.6920 0907 072809 GLJ8894 195.00 072809 9071139 100 33 20257 SHERWIN INDUSTRIES INC SS033856 TRAFFIC PAINT 08/03/09 0 072809 2,204.00 100.33.6110 0907 072809 GLJ8894 2204.00 072809 9071140 100 22 20311 SIRCHIE FINGER PRINT LAB 519010INVESTIGATIVE SUPPLIES 08/03/09 0 072809 80.80 100.22.6210 0907 072809 GLJ8894 80.80 072809 9071141 510 32 20590 SPX PROCESS EQUIPMENT 90189312 SUPPLIES 08/03/09 0 072809 907.64 510.32.6110 0907 072809 GLJ8894 907.64 072809 9071142 510 32 20590 SPX PROCESS EQUIPMENT 90187508 SUPPLIES 08/03/09 0 072809 525.36 510.32.6110 0907 072809 GLJ8894 525.36 072809 9071149 100 47 20733 ST PAULS EPISCOPAL CHURC AUGUST 09 PARKS PROGRAM RENTAL SPACE 08/03/09 0 072809 206.70 100.47.5110 0907 072809 GLJ8894 206.70 072809 9071145 100 03 20710 STANS OFFICE TECHNOLOGIE 262978LARGE COPIER METER READING 08/03/09 0 072809 54.81 100.03.5110 0907 072809 GLJ8894 54.81 072809 9071148 XXXXX XXXXX 20711 STAPLES BUSINESS ADVANTA 80129677780FFICE SUPPLIES 08/03/09 0 072809 136.62 100,00.6210 0907 072809 GLJ8894 1376.06CR 072809 100.03.6210 0907 072809 GLJ8894 99.77 072809 100.04.6210 0907 072809 GLJ8894 360.66 072809 100.01.6210 0907 072809 GLJ8894 57.47 072809 100.22.6210 0907 072809 GLJ8894 239.51 072809 620.00.6210 0907 072809 GLJ8894 22 347.36 072809 620.00,6210 0907 072809 GLJ8894 01 79.00 072809 100.41.6210 0907 072809 GLJ8894 192.29 072809 100.02.6210 0907 072809 GLJ8894 136.62 072809 9071146 100 00 20705 STAPLES CREDIT PLAN 6/29/09 OFFICE SUPPLIES 08/03/09 0 072809 21.87 100.00.6210 0907 072809 GLJ8894 21.87 072809 9071147 510 31 20705 STAPLES CREDIT PLAN 6/29/09 SUPPLIES 08/03/09 0 072809 34.99 510.31.6110 0907 072809 GLJ8894 34.99 072809 9071150 100 47 21262 THINK INK INC 20090788 RIVER RUN T-SHIRTS 08/03/09 0 072809 1,186.84 100.47.6920 0907 072809 GLJ8894 1186.84 072809 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 12 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071151 100 33 21254 THOMAS TRUCKING INC, KEN 965391TOP SOIL 08/03/09 0 072809 245.00 100.33.6110 0907 072809 GLJ8894 245.00 072809 9071152 100 33 21254 THOMAS TRUCKING INC, KEN 965390TOP SOIL O8/03/09 0 072809 245.00 100.33.6110 0907 072809 GLJ8894 245.00 072809 9071153 100 45 21255 THOME, BRYAN CLOTHING ALLOWANCE REIMB 08/03/09 0 072809 26.48 100.45.4510 0907 072809 GLJ8694 26.48 072809 9071154 100 33 21632 TRAFFIC CONTROL & PROTEC 64024 STREET SIGNS 08/03/09 0 072809 193.63 100.33.6110 0907 072809 GLJ8894 193.63 072809 9071155 100 00 2 TURLEY, LAURA REFUND PERMIT #09-06-062 08/03/09 O 072809 25.00 100.00.3410 0907 072809 GLJ8894 25.00 072809 9071156 100 22 22396 ULTRA STROBE COMMUNICAIT 5416 SUPPLIES 08/03/09 0 072809 155.00 100.22.6270 0907 072809 GLJ8894 155.00 072809 9071157 100 45 22495 UNITED LABORATORIES 21142 SUPPLIES 08/03/09 0 072809 465.63 100.45.6110 0907 072809 GLJ8894 465.63 072809 9071158 510 31 22669 USA BLUEBOOK 850724SUPPLIES O8/03/09 0 072809 278.34 510.31.6110 0907 072809 GLJ8894 278.34 072809 9071159 510 32 23287 VIKING CHEMICAL COMPANY 192112CHEMICALS O8/03/09 0 072809 4,299.00 510.32.6110 0907 072809 GLJ8894 4299.00 072809 9071160 510 32 23287 VIKING CHEMICAL COMPANY 191785/812CHEMICALS 08/03/09 0 072809 3,711.40 510.32.6110 0907 072809 GLJ8894 5416.40 072809 510.32.6110 0907 072809 GLJ8894 1705.00CR 072809 9071161 100 XXXXX 24020 WALMART COMMUNITY JUNE/JULY MATERIALS & SUPPLIES 08/03/09 O 072809 273.33 100.01.6110 0907 072809 GLJ8894 90.85 072809 100.42.6920 0907 072809 GLJ8894 5.00 072809 100.42.6110 0907 072809 GLJ8894 12.21 072809 100.43.6110 0907 072809 GLJ8894 21.03 072809 100.43.6920 0907 072809 GLJ8894 20.48 072809 100.44.6110 0907 072809 GLJ8894 24.66 072809 100.46.6110 0907 072809 GLJ8894 29.43 072809 100.47.6920 0907 072809 GLJ8894 33.30 072809 100.33.6110 0907 072809 GLJ8894 36.37 072809 9071162 510 32 24028 WASTE MANAGEMENT OF WI P 1549022901SLUDGE DISPOSAL SERVICES 08/03/09 0 072809 7,155.63 510.32.5580 0907 072809 GLJ8894 7155.63 072809 9071163 510 31 24037 WATER PRODUCTS - AURORA 215893SUPPLIES 08/03/09 0 072809 738.75 510.31.6110 0907 072809 GLJ8894 738.75 072809 9071164 100 22 24256 WHOLESALE DIRECT INC 172063SUPPLIES O8/03/09 0 072809 98.45 100.22.5370 0907 072809 GLJ8894 98.45 072809 DATE 7/29/2009 09:51 AM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 8/3/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9071165 100 22 24536 WOOD, ROLAND CLOTHING ALLOWANCE REIMB 08/03/09 0 072809 91.05 100.22.4510 0907 072809 GLJ8894 91.05 072809 9071166 100 46 27010 ZAHN, DAN 7/22/09 PARKS PROGRAM INSTRUCTOR 08/03/09 0 072809 138.00 100.46.5110 0907 072809 GLJ8894 138.00 072809 9071167 100 01 27765 ZUKOWSKI ROGERS FLOOD & 64477 LEGAL FEES 08/03/09 0 072809 4,656.30 100.01.5230 0907 072809 GLJ8894 4656.30 072809 9071168 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84478 KIMBALL HILL O8/03/09 0 072809 4,930.00 740.00.5230 0907 072809 GLJ8894 4930.00 072809 9071169 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84479 GEORGE SCHMIDT 08/03/09 0 072809 435.00 740.00.5230 0907 072809 GLJ8894 435.00 072809 9071170 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84480 BEUKENDORF & BENKENDORF 08/03/09 0 072809 507.50 740.00.5230 0907 072809 GLJ8894 507.50 072809 9071171 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84481 BUDDYZ RIVERWALK INC 08/03/09 0 072809 362.50 740.00.5230 0907 072809 GLJ8894 362.50 072809 EXPENDED LIQUID ACCRUAL GRAND TOTALS 170,742.68 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 63,378.13 205 PAGEANT FUND 13.59 280 DEVELOPER DONATION FUND 6,369.46 440 CAPITAL IMPROVEMENTS FUND 5,724.54 510 WATER/SEWER FUND 72,364.42 590 MARINA OPERATIONS FUND 9,702.77 620 INFORMATION TECHNOLOGY FUND 6,954.77 740 RETAINED PERSONNEL ESCROW 6,235.00 **** 170,742.68 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator. FOR: August 3,2009 Regular City Council Meeting RE: Verizon Conditional Use Permit and Variance Requests ATTACHMENTS --- -- -- -L —Ordinance gramdgg a-Con tJand-Use-PEr—mit and Vaftnces for the property located at 1415 Industrial Drive 2. Planning and Zoning Commission minutes dated 6/4/09 3. Planning and Zoning Commission staff report and location map 4. Application Packet Description of Request The applicant is requesting a Conditional Use Permit to allow a 100' monopole wireless telecommunications facility and is requesting Variances for height and setback. The proposed lease area is 40' X 40' and will include an approximately 345 square foot equipment shelter. The proposed tower will have room to accommodate two additional carriers. Staff Analysis Verizon Wireless has been seeking sites to place wireless antennas for cellular and 911 emergency purposes. Typically staff would suggest locating the antennas on a structure such as a water tower. However,the Sioux Lane water tower, the only water tower within the preferred service area, is at-capacity for wireless antennas as it currently houses or will house antennas for T-Mobile,AT&T and U.S.Cellular. The public works facility location is within the same-radius as the Sioux Lane water tower as far as antenna location requirements are concerned for Verizon. There are no other tall structures/buildings within the required radius for locating the antennas. The proposed location of the monopole tower is on the southeast portion of the City of McHenry Public Works Facility property on Industrial Drive. Staff believes that the location is ideal because the nearest residences are to the east across the railroad tracks. Immediately south of the subject property is a Jewel food store and to the north and west are industrial land uses. The City's zoning ordinance permits a maximum 100'tall tower. In addition,setbacks for the tower are required to equal the height of the tower and in the case of an adjacent residence, double the height of the tower. The proposed rear yard setback is approximately 31'6" and the proposed side yard setback is 6'. Staff believes that a monopole tower at the proposed location is the best alternative to locating wireless antennas on-top of the Sioux Lane water tower. Included within the packet the applicant has provided a visual representation of what the tower would look like on the site. Staff Recommendation The Planning and Zoning Commission unanimously recommended approval of the following: Approval of a Conditional Use Permit to allow a monopole wireless telecommunications facility on the subject property, 1415 Industrial Drive, with the condition that the City and Verizon enter into a land lease agreement; otherwise,the Conditional Use Permit and Variances shall be considered null and void; Approval of a height Variance to allow a 100'tall monopole structure; Approval of setback Variances on the south and east property lines to permit a 31'6" setback to the south property line and an approximately 6' setback to the east property line; Staff concurs with this recommendation and would recommend approval of the attached ordinance. ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MONOPOLE WIRELESS TELECOMMUNICATIONS FACILITY,AN HEIGHT VARIANCE AND SETBACK VARIANCES FOR THE PROPERTY LOCATED AT 1415 INDUSTRIAL DRIVE,IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS,a petition has been filed with the City by Verizon Wireless for a Conditional Use Permit to allow a monopole wireless telecommunications facility,an height Variance and setback Variances for the property legally described on Exhibit"A",attached hereto and incorporated herein,the"SUBJECT PROEPRTY"in accordance with the"SITE PLAN'attached hereto and incorporated herein as Exhibit"B";and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 4, 2009, 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 recommendation from the Planning and Zoning Commission and fords that the approval of the requested 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 PROPERTY is hereby granted a Conditional Use Permit to allow a monopole wireless telecommunications facility on the SUBJECT PROPERTY. SECTION 2: 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: 1. 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 3: That the SUBJECT PROPERTY is hereby granted Variances for height to allow a 100' telecommunications tower and setback on the south and east property lines to allow the construction of the monopole wireless telecommunications facility in accordance with Exhibit`B". 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. Planning and Zoning Commission June 5,2009 Page 2 Motion carried 7-0. The public hearing was recessed at 7:32 p.m. Public Hearing: Verizon Wireless File No. Z-742 1415 Industrial Drive Conditional Use Permit and Variances Chairman Howell called the Public Hearing to order at 7:33 p.m. regarding File No. Z-742, an application for conditional use permit to allow a monopole telecommunications tower and variances as to setback requirements and maximum height as requested by Verizon Wireless for City of McHenry property located at 1415 Industrial Drive. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on May 20, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. In attendance representing the applicant were Stu Harrison of and Ed Murray of Harrison Realty Service. Both were sworn in by Chairman Howell. Mr. Harrison stated Verizon Wireless is seeking a conditional use permit to allow the construction of a freestanding monopole for wireless telecommunication on the City's Public Works Facility property located at 1415 Industrial Drive. In conjunction with the tower, which would be constructed on a 40' by 40' site located at the southeast corner of the property, Verizon is also seeking permission to build a 345 square foot equipment shelter. The monopole would be 96' in height with a 4' lightning rod for a total height of 100'. A slatted fence would surround the 40' by 40' site. Mr. Harrison noted if the conditional use permit is granted, the monopole would allow for placement of two other carriers to co-locate on it. One of those carriers could be the City, who would have first right of refusal. Mr. Harrison stated Verizon is seeking permission to utilize this location as it would provide better wireless service to the McHenry's downtown area. He provided the Commission with Exhibits indicating the current service coverage as well as the future coverage by the carrier if the conditional use permit is granted. Mr. Harrison noted the coverage area increase would be beneficial to 911 and the State of Illinois, for whom Verizon Wireless provides wireless service, as well as to the residents of the community. Deputy City Administrator Martin provided the Staff Report regarding this matter. He noted Verizon Wireless has been seeking a location to augment their wireless services for several months. Initially, they were intending to utilize the Sioux Lane Water Tower, However, there are already three carriers utilizing the tower, and engineering conducted on the tower concluded it could support no more carriers. Deputy City Administrator Martin noted the Public Works property is zoned Industrial which permits a conditional use for a telecommunications tower. He noted the maximum height permitted without variance is 55'. The proposed 100' height of the Planning and Zoning Commission June 5,2009 Page 3 tower requires a variance. The ordinance also requires that the tower be setback100' from adjacent non-residential property (Jewel Foods) and 250' from any residential property. The setback from the Jewel property is close to 100'. The closest residence is east of the railroad tracks which provide a buffer from the proposed use. Deputy City Administrator Martin concluded, noting Staff has reviewed the request and supports the conditional use permit and variances, subject to the applicant entering into a land lease agreement with the City. Chairman Howell invited questions and comments from the Commission. In response to an inquiry, Mr. Harrison stated the equipment building would be a block structure. It would be climate-controlled with a backup 60 kilowatt generator to ensure the air conditioning/heat continues to operate in a power outage. The diesel-operated generator has a 210 gallon tank which would be accessed from outside of the building. Mr. Harrison noted there is a door system which would be utilized for filling the tank. Question was raised as to what the City would utilize the tower for if it decided to co-locate on it. Deputy City Administrator Martin responded the City has made no decision about the possible use of the tower at this time. The City is in the midst of drafting a land lease agreement with Verizon for the City's property. Two carriers would be able to co-locate on the tower. Ultimately, the City could be one of those users. Responding to an inquiry regarding the proposed coverage from the tower, Mr. Harrison said the range of coverage would be 1-2 miles, which would incorporate the downtown area. The goal of Verizon is to upgrade service coverage in McHenry's downtown area. Following additional questions, Mr. Harrison stated the tower would likely increase service further to the north and south. However, due to topography and trees increased service to the west and east is unlikely. Providing clarification, Deputy City Administrator Martin stated Verizon controls the tower and the City controls the ground space, as far as future co-locators are concerned. The City would receive revenue from other carriers who rent ground space in conjunction with using the tower. Question was raised as to removal of the tower when Verizon is no longer utilizing it. Mr. Harrison responded Verizon would remove the tower at least three feet below grade within 90 days of cessation of its use. Deputy City Administrator Martin noted the land lease agreement will require a Letter of Credit or Surety Bond guarantee to ensure removal of the tower upon its cessation of use. Discussion followed as to why the City's ordinance restricts towers to 55' in height without a variance and a maximum of 100' provided a variance has been granted. Deputy City Administrator Martin noted anything more than 100' becomes more visible and could be an aesthetic issue. He stated the City's ordinance is fairly restrictive. Mr. Harrison noted most of Verizon's towers are 150-170' in height. Some commissioners mentioned that it might be in the City's best interest to increase the allowable height of monopole telecommunications towers. Responding to the suggestion that Verizon amend their request to increase the proposed height of the tower, Deputy City Administrator Martin stated the Planning and Zoning Commission June 5,2009 Page 4 ordinance is clear that the maximum allowable height at this time is 100', subject to the applicant being granted a variance as to height. In order for Verizon, or any other carrier, to be permitted to seek a taller tower, the City's Zoning Ordinance would first have to be amended. He noted Zoning Ordinance text amendments require a public hearing. Discussion continued. Chairman Howell noted there were no public comments or questions regarding this matter. Motion by Nadeau, seconded by Buhrman, to recommend to the McHenry City Council, that with regard to File No. Z-742, a request from Verizon Wireless for the following be granted: 1. conditional use permit to allow the construction of a new freestanding monopole wireless telecommunications facility on the City's Public Works Facility located at 1415 Industrial Drive, subject to the following: a. the City and Verizon Wireless enter into a land lease agreement; b. otherwise, the conditional use permit shall be considered null and void. 2. variance to permit the construction of a 100' tall support structure; 3. variances for building/structure setback from the south and east property lines; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, has been met; and that Table 32, the Approval Criteria for Variances,page 377-378, has been met.. Voting Aye: Buhrman, Ekstrom, Howell, Morck,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the public hearing at 7:55 p.m. Other Business In response to Commissioner Nadeau's inquiry, Deputy City Administrator Martin clarified what needs to occur for Verizon Wireless to be able to seek a higher monopole. The follow matters were briefly discussed: Status of Wal-Mart expansion/moving (conducting due diligence). Viability of Sears Grand (lack of marketing campaign) Vacant BP Amoco sites Vacant Dominic's Store Status of Walgreen's at Bull Valley Road and Crystal Lake Road (dormant) Status of Joey T's Restaurant relocating(not at this time) Tear down of Joey T's Restaurant(Council approval for demolition). Community Development Department Report File # Z-742 June 4, 2009 Public Hearing Applicant Verizon Wireless c/o Heidi Amato 1515 E Woodfield Road Schaumburg, IL 60173 Requested Actions • Conditional Use Permit to allow the construction of a new freestanding (monopole) wireless telecommunications facility; • Variance to permit a 100' tall support structure; • Variances for building/structure setback Site Information Location and Size of Property The subject property is located at 1415 Industrial Drive and is approximately 11 acres. Comprehensive Plan Designation Industrial Existing Zoning and Land Use The subject property is currently zoned I-1 and is the site of the City of McHenry Public Works Facility. Adiacent Zoning and Land Use North: I-1, Industrial South: C-3, Community Commercial East: RS-2,Medium-Density Single-Family Residential West: I-1, Industrial Description of Request The applicant is requesting a Conditional Use Permit to allow a monopole wireless telecommunications facility and is requesting variances for height and setback. The proposed lease area is 40 X 40 and will include an approximately 345 square foot equipment shelter. The proposed tower will have room to accommodate two additional carriers. Staff Analysis Verizon Wireless has been seeking sites to place wireless antennas for cellular and 911 emergency purposes. Typically staff would suggest locating the antennas on a structure such as a water tower however the Sioux Lane water tower is at capacity for wireless antennas as it currently houses antennas for T-Mobile, AT & T and U.S. Cellular. The public works facility location is within the same radius as the Sioux Lane water tower as far as antenna location requirements are concerned for Verizon. There are no other tall structures/buildings within the required radius for locating the antennas. The proposed location of the monopole tower is on the southeast portion of the City of McHenry Public Works Facility property on Industrial Drive. Staff believes that the location is ideal because the nearest residences are to the east of the railroad tracks. Immediately south of the subject property is Jewel food store and to the north and west are industrial land uses. The City's zoning ordinance permits a maximum 100' tall tower. In addition, setbacks for the tower are required to be equal to the height of the tower and in the case of an adjacent residence, double the height of the tower. Staff believes that a monopole tower at the proposed location is the best alternative to locating wireless antennas on top of the Sioux Lane water tower. Included within the packet the applicant has provided a visual representation of what the tower would look like on the site. File#Z-742 Page 1 of 3 Community Development Department Report File# Z-742 June 4,2009 Public Hearing Staff Recommendation Prior to Public Hearing Approval of a Conditional Use Permit to allow a monopole wireless telecommunications facility on the subject property, 1415 Industrial Drive, with the condition that the City and Verizon enter into a land lease agreement; otherwise, the Conditional Use Permit and Variances shall be considered null and void; Approval of a height Variance to allow a 100' tall monopole structure; Approval of setback Variances on the south and east property lines Staff finds that the requirements in Table 31 and Table 32 of the Zoning Code have been met. Attachments • Location Map • Application Packet • Narrative • Site Plan File#Z-742 Page 2 of 3 Community Development Department Report File # Z-742 June 4, 2009 Public Hearing LOCATION MAP or.LEAN 3 C.FwP. CITY CENTERCONE108 MCHEORY MAPLE au MAPLE AVE lot if Subject Site 4 gi A File#Z-742 Page 3 of 3 FORMA File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,II.60050 o Teh(915)363-2170 o F=(815)363 2173 1. Name of Applicant \ PAC\'16o .A%aksa, ek�i ike&Am Tel jk, �( I C/� y I q8 Address Fax . (00('73 2. Name of Property Owner i kq C elk-Y-4 Tel (If other than Applicant) Address 3-:4, Fax 3. Name ofEnginees�= (If represented) Address ' (oojq-:k'. 4. Name ofAttorney_Ma��, ►��PST��,� Tel �i7/e (If represented) �7i 7t9 Address�` 1 r.G.1\.p 1"?�Co 5. Common Address or Location of Property 6. Requested Action(s)(check all that apply) Zoning Map Amendment(Rezoning). —Zoning Variance-Mmor Conditional Use Permit -7Aning Text Am endment �Zoming 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'tliat is requested; 1) a Conditional Use Permit to construct a new.free standing[monopole] wireless Telecommunication Facility, 2), a Height Variance to permit a one hundred(100')foot support structure for a Telecommunication Facility instead of the maximum Fifty-five (55') foot; 3) , a Setback Variance to permit a Thirty-one foot Six inches(31' 6") setback to the south property line instead of the required setback equal to the height of the tower, and, 4) a Setback Variance to permit a Twelve(12')foot setback to the east property line instead of the required setback equal to the height of the tower. FORMA Page 1 of 3 �' 7. Current Use of Property 8. Current Zoning Classification of Property,Including Variances or Conditional Uses V 9. Current Zoning Classification and Land Use of Adjoining Properties Noith: v South: East: _� C OCY��M III West Z - 1 ► ti 1ti-� Try u�irio�\ 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Application Fee(amount)$ on 2. Narrative Description of Request I Z3. FORM A-Public Hearing Application 4. FORM B-Zoning Map Amendment(Rezoning)Application 5. FORM C-Conditional Use Application 6. FORM D-Zoning Variance Application 7. FORM E-Use Variance Application S Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description "10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign(Provided by the City,to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA 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 the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address,and telephone number of the owner(s). In addition, an affidavit of the owners(s)shall be filed with the application stating that the Applicant has the authority from the owners(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 Applicant(s) Print Name and Designation of Applicant(s) &tn-Arm It 4 S2- FORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street 13 McHenry,II,60050 a Tel:(815)363-2170 a 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 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 request 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. This unmanned telecommunication facility will be serviced approximately once a month by a technician.There will be no vehicular traffic.The one parking spot that is designed for the project is sufficient.There will be no traffic congestion or traffic hazards.The technician will use the existing non-exclusive access easement provided by the property owner. 2. Environmental Nuisance 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. The facility consists of slender pole that does not impede light or air to the neighboring properties.There are no adverse effects,whether environmental or otherwise, and there is no danger of fire or endangerment to public health. 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. The unmanned facility will be in harmony with the orderly development of the industrial zoned district in which it is located. This project will not be injurious to the use and enjoyment of other property in the vicinity or diminish and impair property values within the industrial zoned neighborhood. FORM C Page 1 of 2 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. The unmanned facility will not require water or sewer services. There is sufficient electrical supply adjacent to the leased area.There will be no demand upon services or facilities. 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. The telecommunications facility will not endanger the public health,safety,morals and general welfare of the general public in the vicinity.This project serves the public by improving wireless — phone service to 911, local citizens,State of Illinois agencies,and the State Police.This project will improve the-response capabilities of law enforcement and safety personnel and will be a benefit to the public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. This telecommunication facility will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district.The project will not alter the essential characteristics of the neighborhood. FORM C Page 2 of 2 FORM DJ File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 a Tel:(815)363-2170 a 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 request. 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. The variances for this telecommunication facility are special circumstances that only apply to this property since the facility will only perform satisfactorily in this immediate area.These circumstances are unique to this property and regulation of an overall general nature would not be practical since it applies only to this tract. 2. Circumstances Relate to Propert 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. The variances for this project relate only to the physical height and location of facility. The permitted structure height of 55ft is too short to reach over the adjacent trees and the minimal setbacks requested by the property owners do not affect neighboring property uses.The property owner's business activity will not be affected by these variances. FORM D Page 1 of 3 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. The proposed telecommunication facility is located in an industrial zoned area and will not alter the essential characteristics of the neighborhood.The project will not be injurious to the use and enjoyment of other property in the vicinity or diminish and impair property values within the neighborhood.There will be no traffic or congestion at the facility. 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. The unmanned facility will be in harmony with the orderly development of the industrial zoned district in which it is located.The facility is small in nature and ground level operations will not be seen from the street since the project is located over 500ft from any street, plus the facility is blocked from view behind the Jewel food store and by trees to the east. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The use and enjoyment of the property will be a result of minimal setbacks variances and height variance as requested by the property owner.These minimal variances will provide the applicant with reasonable use of the premises. FORM D Page 3 of 3 �• .9� _ .�?rma-:"".sc�u.-,a�wua-ate.=s��c��_, - :�ra�•!�°`..xa:•:+a--=3amsex'cuax7e�:�._..: t e #�� ��� ....»I -�.._a.x���x•"Ttp��i}T_y. .__ '.�� �� .•'SI �N t2X'S!h%�++y.i -n Vol. VAQVAVddV an i F�ua� twuw�m ummw m Jil I I l, awwno uva 7 � gvy x1 7 191x - Q�- i 4 � it b i x- x x Q d 11 W cc b XY i g � Rig lip fill, L J-1il 12 IIt y H $i$° i � Ry ge 121 IN mW o 8 g x $ o $ �$ $ fill1-1 OAKARIVE 01 �s � ► I O rl fill I � 110 ► i I $ I � m m I I ► r Rd 5 § lgi I x o J i , o fill DATE DRAM oblow to CMCAW ER" DTMCHENRY LOrATUM&1877t1 uurcvmuana�owue amKr,s_wow i � arvnov®ar: rwxaumoawn a .osuoa�x a aat ■Maw AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: August 3,2009 Regular City Council Meeting RE: Verizon Tower and Ground Space Lease Agreement ATTACHMENTS: 1. Ordinance authorizing a land lease agreement between the City of McHenry and Chicago SMSA Limited Partnership d/b/a Verizon Wireless 2. Land Lease Agreement STAFF RECOMMENDATION: To authorize the Mayor and City Clerk to approve the attached ordinance executing the Lease Agreement with Verizon Wireless Background The City currently has telecommunication tower leases with US Cellular, T-Mobile and AT&T for antennas and equipment at 4225 Sioux Lane(City water tower site). Due to the number of antennas which will be constructed on the Sioux Lane water tower staff has been advised by the City engineer not to locate any additional antennas on-top of the water tower. Request Staff has been working with Verizon on a lease agreement whereby Verizon proposes to construct a 100' monopole telecommunications tower at 1415 Industrial Drive (Public Works Garage Site). In addition, they are proposing to lease an approximately 1,600 square foot area around the tower to place ground-mounted equipment for the operation of their system. The attached option and structure lease agreement with Verizon was reviewed by the City attorney and contains the following provisions: • Monthly rental payment of$2,000($24,000 annually); • At the beginning of year two and each year following the monthly rent increases by 3%over the rent of the previous year; 0 The term of the agreement is five years with the potential for four,5-year extensions; • Agreement requires a$25,000 security bond to ensure removal of the equipment upon lease termination. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CHICAGO SMSA LIMITED PARTNERSHIP,DB/A VERIZION WIRELESS FOR A PORTION OF THE PROPERTY LOCATED AT 1415 INDUSTRIAL DRIVE,IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS,the City of McHenry is the legal owner of record and Chicago SMSA Limited Partnership, d/b/a Verizon Wireless is the designated lessor of a portion of the real estate located at 1415 Industrial Drive in the City of McHenry,Illinois. NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION 1: The Land Lease Agreement, bearing the date of August 3, 2009, between the City of McHenry, a Municipal Corporation in the State of Illinois record owner and Chicago SMSA Limited Partnership d/b/a Verizon Wireless designated lessor be and the same is hereby approved. A complete and accurate copy of said land lease agreement is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance 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 ,2009 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ,2009 MAYOR ATTEST: CITY CLERK SITE NAME: DT McHenry SITE NUMBER: 2008284269/187711 ATTY/DATE: M.Biesiada LAND LEASE AGREEMENT This Agreement, made this day of 2009 between City of McHenry with its principal offices located at 333 S. Greet Street, McHenry, IL 60050, hereinafter designated LESSOR and Chicago SMSA Limited Partnership, d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property(the entirety of LESSOR's property is referred to hereinafter as the Property), located at 1415 Industrial Drive, McHenry, IL 60050 and being described as a 40' by 40' parcel, containing 1,600 square feet(the"Land Space"), together with the non-exclusive right(the"Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along a twenty-five (25') foot wide right-of-way extending from the nearest public right-of-way, Industrial Drive, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of the City of McHenry in Section 27, Township 45 North, Range 8 and is further described in a Trustee's Deed June 20, 2007 and as recorded in the Office of McHenry County Recorder on June 25, 2007 as Document Number 2007R0043638. In the event any public utility is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. TERM; RENTAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Twenty-Four Thousand Dollars ($24,000.00)to be paid in equal monthly installments on the first day of the month, in advance, to the City of McHeMor to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 24 below. The Agreement shall commence on the first day of the month in which LESSEE commences installation of the equipment on the Premises (the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty(30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 24. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty(30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six(6)months prior to the end of the then current term. 2 5. EXTENSION RENTALS. The annual rental for each successive year of this Agreement shall increase on the annual anniversary of the Commencement Date by three percent (3%) over the prior year's annual rent. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to one hundred fifteen percent(115%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 3 8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE reasonably determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) LESSEE reasonably determines that any soil boring tests are unsatisfactory, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination,this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 8. PREMISES MAINTENANCE/UTILITIES. LESSEE will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. LESSEE shall be responsible for the separate metering, billing, and payment of the utility services consumed by its operations. LESSOR will fully cooperate with any utility company requesting an easement over, under and across the Premises in order for the utility company to provide service to LESSEE. LESSOR will not be responsible for interference with, interruption of or failure, beyond the reasonable control of LESSOR, of such services to be furnished or supplied by LESSOR. 9. INDEMNIFICATION. Subject to Paragraph 11 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage to the proportional extent resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. 4 a. LESSEE shall maintain commercial general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of Five Million and No/100 Dollars ($5,000,000). In addition, LESSEE shall maintain worker's compensation in statutory amounts, employer's liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000); automobile liability insurance insuring against claims for bodily injury or property damage with combined single limits of One Million and No/100 Dollars ($1,000,000); and all risk property insurance covering all personal property of LESSEE for full replacement value. LESSEE shall provide LESSOR with evidence of such insurance in the form of a certificate of insurance prior to obtaining occupancy of the Premises and throughout the term of this Agreement. b. The LESSOR is to be covered as an additional insured with respect to liability arising out of activities performed by or on behalf of LESSEE. The Premises included in the policy shall specifically include the leased and licensed areas. The coverage shall contain no special limitations on the scope of protection afforded to the LESSOR. C. LESSEE's insurance coverage shall be primary with respect to LESSEE's operations . Any insurance or self insurance maintained by the LESSOR shall be in excess of LESSEE's insurance and shall not contribute to it, consistent with LESSOR's indemnity obligations. d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the LESSOR. e. LESSEE's general liability insurance shall contain a Separation of Interest clause or language stating LESSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability. f. Both parties shall agree to waive all rights of subrogation against the other party. g. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled except after 30 days (10 days due to non payment) prior written notice by mail has been given the LESSOR. h. Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. i. LESSEE shall furnish the LESSOR with certificates of insurance naming the LESSOR as an additional insured on the general and automobile liability insurance coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Blanket additional insured endorsements may be utilized if they provide a scope of coverage at least as broad as the coverage required under this provision. j. LESSOR shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000). In addition, to the extent required by law, LESSOR shall maintain worker's compensation in statutory amounts and employer's liability insurance in the amount of One Million and No/100 Dollars ($1,000,000). LESSOR shall provide LESSEE with evidence of such insurance in the form of a certificate of insurance prior to LESSEE obtaining occupancy and throughout the term of this Agreement. 5 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 10 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, beginning in the year following the fourth anniversary of the Commencement Date, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three(3)months prior notice is given to LESSOR. 13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after- installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within"sixty (60) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted, with footings and foundations to be removed to a depth of no less than three (3) feet below grade. After such sixty (60) day interval, LESSOR shall have the right, without any obligation to do so, to remove such equipment, conduits, fixtures and personal property in the event LESSEE fails to do so. LESSOR shall not be liable for any damage caused to the equipment, conduits, fixtures or personal property in connection with its removal or subsequent storage of same so long as LESSOR's actions are taken in good faith. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal 6 property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 35 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at one hundred and ten percent (110%) of the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 16. REMOVAL BOND. LESSEE will provide to LESSOR prior to the Commencement Date, a removal bond in the amount of Twenty-Five Thousand Dollars ($25,000.00) in form and content mutually agreeable to the parties, to insure the installation will be removed at the expiration or termination of the Lease. 17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 14 and this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall be increased to one hundred and twenty percent (120%) of the rent applicable during the month immediately preceding such expiration or earlier termination. 18. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of Illinois . 23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole 8 discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. 24. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of McHenry 333 S. Green Street McHenry, IL 60050 LESSEE: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 26. SUBORDINATION AND NON-DISTURBANCE. At LESSOR's option,this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the ` Von-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a"Purchaser") acquires an ownership interest in the Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for 9 such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 27. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 28. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty(30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. 10 Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five(5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five(5) day period and thereafter diligently pursued to completion. 29. REMEDIES. The parties shall be entitled to the application of all appropriate remedies available to them under state and federal law in the enforcement of this Agreement. The pursuit of any such remedy by either party is subject to the right to cure a breach as permitted in Paragraph 28. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non- defaulting Party may also terminate the Agreement; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. 30. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 32. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 33. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this 12 Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement to the extent equitable. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Parry's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. LESSOR USAGE OF TOWER. LESSEE intends to construct, install and operate a communications tower on the Premises ("Tower") in connection with LESSEE's permitted use under this Agreement. As partial consideration for leasing the tower site, LESSOR shall be entitled to utilize one (1)position on the Tower, located at a mutually agreeable antenna centerline, for LESSOR's use only, to collocate communication system antennae for public use ("LESSOR's Public Equipment")provided that said use does not interfere with permitted use of the Tower and Premises by LESSEE. LESSOR shall obtain, at Lessor's expense, all necessary permits or licenses required to install LESSOR's Public Equipment. The installation of LESSOR's equipment is also contingent upon a determination that Lessor's proposed installation passes a structural analysis. If the specifications for LESSOR's Public Equipment are not provided within thirty(30) days of the full execution of this Agreement, then prior to any future installation of LESSOR's Public Equipment, at LESSEE's discretion, LESSEE may require that LESSOR conduct a structural analysis of the tower to provide proof that the installation of LESSOR's Public Equipment shall not compromise the structural integrity of the tower. If 13 necessary, LESSEE agrees to reasonably cooperate with LESSOR in obtaining any required permits, licenses or reports for the installation of LESSOR's Public Equipment. LESSOR's Public Equipment shall be purchased, installed and maintained at the expense of LESSOR and shall be kept and maintained by LESSOR in good repair in compliance with all applicable rules and regulations. Any fixtures, structures or other improvements installed by LESSOR may be placed only with the express written approval of LESSEE, which shall not be unreasonably withheld. The installation of LESSOR's Public Equipment shall be conducted at LESSOR's expense. LESSOR agrees that all construction, maintenance, removal or alteration of LESSOR's Public Equipment shall be coordinated with and approved by LESSEE. LESSOR's Public Equipment shall remain the property of LESSOR. LESSEE shall not charge LESSEE any rental amount during any Term of this Lease for the collocation of LESSOR's Public Equipment on the support structure. 39. CONVEYANCE OF TOWER TO LESSOR. In the event of termination of this Agreement after the Tower is installed and pursuant to Paragraphs 4, 8 or 12 of this Agreement, LESSOR may elect to take ownership of the Tower by providing written notice within thirty(30) days of receipt of notice from LESSEE of LESSEE's election to terminate the Agreement.. After receipt of notice by LESSEE of LESSOR's election to take ownership of the Tower and within ninety (90) days of the termination of this Agreement. LESSEE shall transfer clear and merchantable title to the LESSOR, free and clear of all liens, security interests and mortgages. LESSEE shall deliver an executed bill of sale to the LESSOR transferring title to the Tower to LESSOR. (See next page for signatures) 14 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of McHenry By: Susan E. Low Its: Mayor Date: LESSEE: Chicago SMSA Limited Partnership, d/b/a Verizon Wireless By: Cellco Partnership, its General Partner By: Beth Ann Drohan Its: Area Vice President Network Date: Z:\M\McHaMfj yoflLease.V erizon.060109.doc 15 Exhibit "A" (Sketch of Premises within Property) (See Attached) 07/27/09 1 � s AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator FOR: August 3,2009 Regular City Council Meeting RE: Disc Golf Course Development—Cold Springs Park COMMITTEE RECOMMENDATION: Present the concept plan for a Disc Golf Course to the city council for consideration. The McHenry Kiwanis Club approached the city of McHenry in March about a community service project consisting of the development of a disc golf course. Similar to golf, a disc golf course includes a tee area from which the disc golfer throws a disc toward a designated"hole"on a predetermined layout. After considering the space needs for such a course and exploring a number of options, Cold Springs Park was identified as the best option for a location in McHenry. Presentations by the McHenry Kiwanis Club and interested parties have been made to the Parks and Recreation Committee this past May and June. A preliminary plan and budget was presented at the June Committee meeting with the construction budget estimated at approximately $88,000. Funding for the project includes a $15,000 commitment from the Kiwanis Club for the development of the facility, a fundraising target of$10,000 through hole sponsors and donations, with the remainder funded through parks donations. The largest single item in the budget is the construction of a gravel parking lot off of Lillian Street. The budget also includes the installation of water fountains, utilities, and any necessary fencing. It does not, however, include costs for any engineering that may be required or construction observation fees nor does it include the cost for the trail connection to Lillian Street. Volunteers will be used to develop the disc course with volunteer leadership and coordination provided by the Kiwanis Club and local disc golf enthusiasts. Work completed by the volunteers will include installation of target baskets, tee boxes, mulch and the clearing of brush. If approved, this work could be completed on scheduled weekends in the fall of 2009 and the winter/spring of 2010. The Parks and Recreation Committee voted unanimously to forward the concept plan for the disc golf course to the City Council for consideration Attachments: Proposed Layout Proposed Work Plan/Time Line Preliminary Project Budget Parks and Recreation minutes 6/10/2009 Brochure from Innova Disc Golf COLD SPRINGS PARK May • f f 'Pw 40 ,. Al ..+i ... S - !. �•_ 'fit- ••_4i r - DISC GOLF — COLD SPRINGS PARK Work Plan Timeline — Pending Approval by City Council 2009 July -Review and approval by City Council Aug./Sept. -Planning meetings Kiwanis Club/Volunteer group -Discuss access with ComEd Real Estate Division Sept./November -Volunteer work weekends -Community Fundraising/Solicitation of Hole Sponsors 2010 January/March -confirmation of Lillian Street access and agreement -Volunteer work weekends April/May -Completion of brush clearing -Installation of tee boxes, targets and signage -Installation of access road and parking area -Installation of utilities (if needed) -Benches, tables, trash cans installed June -Official opening/Dedication Prelininary Proiect Budget Budget to include all costs for development of site and installation of equipment. Costs Purchase of Equipment Targets (19) $ 6,000 Signage 2,400 Tee-Box Material 2,000 Water Fountains (2) 1,500 Tables 8t Benches 3,000 Installation/contracted Work Lillian St. Parking Lot/Access $50,000 Utilities (Water) 3,000 Fencing (Split Rail/Woven Wire) 7,000 Brush Removal/Landscape Work 10,000 Materials and Supplies 3,000 $87,900 Funding City of McHenry/Developer Donations $62,900 McHenry Kiwanis Club — Contribution 15,000 Fundraising/Community Donations/Hole Sponsors (Hole Sponsorships 8t Memorial Donations) 10,000 $500 x 18 holes and additional donations $8 71900 Cost Does Not Include A/E costs for design on parking lot or contract Administration Alternate Proiect Amenities Trail Construction — Limestone Screening (Completion of tail from Park Ridge Estates to Lillian Street access) PARKS AND RECREATION COMMMEE MEETING Wednesday, June 10,2009 Aldermen's Conference Room, 7:30 p.m. In Attendance: Committee Members: Chairman Alderman Peterson and Alderman Santi. Absent: Alderman Schaefer. Staff in Attendance: Director of Parks and Recreation Merkel, Superintendent of Forestry and Park Planning Schmidt, and Deputy City Clerk Kunzer. Others in Attendance: Tom Cichowski, 5003 Bromley Drive,McHenry IL 60050 Dan Jannotta, 208 S. Ronda Road,McHenry IL 60050 Tom Chrisman, 1411 N Glen Drive,McHenry IL 60050. Chairman Alderman Peterson called the meeting to order at 7:31 p.m. Public Input No one spoke during the time set aside for public input. Staff Report CABA Tournament: Director of Parks and Recreation Merkel reported a meeting was scheduled for Thursday with CABA organizers and members of the McHenry Baseball Association. CABA would like to host their opening night ceremonies to be held on Sunday, July 2e, at the newly renovated and illuminated Petersen Park Field #2. The field would be used for CABA games among players 15 years and older. Alderman Schaefer noted the opening ceremony would occur simultaneously with the PigtaiI's Fast Pitch Frenzy which would utilize both Petersen Park and Knox Park ball fields. Some discussion occurred as to parking requirements, fees being charged by CABA for the ceremonies, and how to coordinate both the Fast Pitch Frenzy and the CABA opening ceremonies on the same day. Director Merkel noted there will likely be lengthy discussion at the City Council regarding the parking, security, fees being charged, crowd control, etc. when the CABA use of Petersen Park is presented for consideration. Fireworks: Director Merkel reported a meeting is scheduled for June 22, 2009 prior to Jaycees Day and Fireworks. Represented at the meeting will be the Fire District, Police Department, service clubs, venders, and Parks and Recreation Staff to work out all details for the event. Discussion: Disc Golf Park Development Director Merkel introduced Tom Cichowski and Dr. Dan Jannotta, both representing the McHenry Kiwanis Club, and disc golf enthusiast Tom Chrisman. Parks and Recreation Committee Meeting June 10, 2009 Page 2 Director Merkel went over the summary of proposed park development schedule as well as proposed revenue sources and expenses for the project. He noted the greatest expense would be attributed to providing a parking lot and securing access to the park from Lillian Street, whether that be via the Commonwealth Edison property or Hay Street. Proposed budget for the project is as follows: Costs: Purchase of Equipment: Targets(19) $ 6,000 Signage $ 2,400 Tee-Box Material $ 2,000 Water Fountains (2) $ 1,500 Tables and Benches $ 3,000 Installation/Contracted Work: Lillian St Parking Lot/Access $50,000 Utilities (Water) $ 3,000 Fencing(Split RaiLVoven Wire) $ 7,000 Brush Removal/Landscape Work $10,000 Materials and Supplies $ 3,000 Total Costs: $87,900 Funding: Parks Developer Donations $67,900 McHenry Kiwanis Club $10,000 Community Fundraising_ $10,000 Total Funding: $87,900 Dr. Jannotta noted the Kiwanis contribution for the project would be $10,000 this year with another$5,000 proposed for next year. Mr. Chrisman reported the project layout and design have been established. Unless trees are found to be in the way of the course, they will not be removed. It is anticipated very few, if any, trees will be removed from the park. Alderman Santi inquired if there is a walking path through the park would it cause a distraction to disc golfers. Mr. Chrisman responded there would be no distraction. It is common in disc golf parks to include pedestrian walkways. Alderman Santi inquired as to the typical time required to complete the course. Mr. Chrisman stated 9 holes can be completed in approximately 30—45 minutes, while 18 holes can be completed in 60 —90 minutes. Alderman Schaefer inquired as to the composition of the tee box material. Director Merkel responded the tee boxes would be constructed of a composite material which can withstand the elements. This material is similar to that used for decking in Fort McHenry and other City parks. Parks and Recreation Committee Meeting June 10, 2009 Page 3 Alderman Santi inquired if under-bedding would be needed. Mr. Chrisman stated the tee boxes would be set on the ground. Responding to further inquiry, Mr. Chrisman stated the composite material would be texturized and non-slip. He also noted most disc golf courses do not have tee pads. Chairman Peterson asked if the holes become gradually more difficult from Hole#1 to Hole 918. Mr. Chrisman stated typically golfers "shotgun" start on any hole; and, there is no set format as to which one is more difficult than others. Lengthy discussion occurred regarding where the point of access and parking lot off of Lillian Street should be located. It was noted Hay Street is a private road which has not been dedicated to the City. Director Merkel stated he has had preliminary talks with Commonwealth Edison representatives. ComEd would like to see the park plans before considering granting the City access from their Lillian Street property to the park. ComEd discussed the possibility of issuing the City a license to utilize their property for access purposes. Discussion continued regarding the potential for accessing the park from Ponca Street or Marietta Street. Dr. Jannotta opined from an engineering perspective it night be better to access the park from Ponca. Street and to incorporate parking area off the end of Ponca Street. He noted paved Ponca Street should reduce the potential cost of accessing the park. Director Merkel noted the City would like to begin park development in the fall, and it would be good to have an alternative plan if the ComEd access is not realized. Director Merkel suggested if ComEd concurs, the northern portion of their lot could be converted to parking and the pedestrians and golfers could access the park via the bike path along the eastern boundary of the ComEd property. Alderman Santi inquired if the park would be gated. Chairman Peterson responded he assumed the park would close at dusk, the same as all other parks. Responding to a question, Mr. Chrisman stated the disc golf park would be utilized throughout the year. He noted it is sometimes more fun to golf in winter. Lengthy discussion occurred regarding the potential for using Ponca Street to access the park. Chairman Peterson opined as long as Ponca Street is a township road, and not a private roadway, City residents should,be able to utilize if for accessing the park. Chairman Peterson also noted the park will be used by disc golf enthusiasts, walkers and bird-watchers. Alderman Schaefer asked if there is a need to provide access for emergency vehicles to the trail head to get into the park. Superintendent Schmidt responded emergency vehicles could access the park with grass trucks and 4-wheelers. In response to a question as to why there are 19 holes, Mr. Chrisman stated there is one practice green plus the 18-hole course. Parks and Recreation Committee Meeting June 10, 2009 Page 4 Alderman Santi inquired if Staff would be coming forward with a recommendation for the best way to access the park, whether that be Hay Street, ComEd Property or Ponca Street. Director Merkel responded Staff will pursue the ComEd access and/or potential for parking on the northern part of their lot. Director Merkel also noted from a visibility standpoint park location signage would be more visible if the park entry was off of Hay Street or the Com Ed Property. Alderman Santi opined it might not be good to option for use of ComEd Property for parking with access to the park gained via the bike path as the bike path would not be cleared during the winter months. Alderman Santi also noted the use of the park would be predominantly passive and the parking lot would not be a busy place. Alderman Schaefer requested clarification as to how the park would be maintained once it has been established. Director Merkel responded the Parks Maintenance Staff would maintain the park on an annual basis. It would be difficult, if not impossible, to mow the green areas on a weekly basis due to the natural landscape, trees, berms, etc. Mr. Chrisman noted the Round Lake Golf Disc Park mows only the first seven holes; the others are impossible to mow. Foot traffic in the park keeps the height of the growth down. Further discussion continued regarding various access points and parking for the park Mr. Cichowski stated the park could open with the existing parking and access already in place off of DePaul Court. Once, the City has ascertained where the second access point and parking should be located, it could be constructed at that time. But, at least the opening of the park would not be delayed, particularly as there is one park entry/parking area already in place. Chairman Peterson concurred noted the City could get the project going utilizing the existing parking lot. It the parking lot becomes heavily used, the City could always add additional parking. Chairman Peterson further suggested the course could be laid out so there could ultimately be parking located at the end of Ponca Street. Alderman Santi he likes the idea of moving forward with the existing parking in place. He opined there would ultimately be a need for additional parking as well as a second access point. He stated he wants to know ComEd's response to the request to utilize their property for access and/or parking. He further noted the course should be designed so that the golfers can exit the park from either access point when they have concluded play. Dr. Jannotta inquired why the City would construct a road when they do not have to. It makes sense to utilize Ponca Street which is already built. Alderman Schaefer stated he preferred using Ponca Street for access over Hay Street or the ComEd Property. Responding to a question, Mr. Chrisman noted all ages enjoy Frisbee golf. He stated both eh Crystal Lake course and Round Lake course have more standing water than the McHenry course will ever have. He emphasized no trees will be cleared to accommodate the course. The presence of the trees makes the course more of a challenge. Parks and Recreation Committee Meeting June 10, 2009 Page 5 Chairman Peterson stated ideally there would be two access points for the park. Aldermen Schaefer and Santi concurred. It was suggested a gravel parking lot would be constructed to reduce the potential for ground water runoff. It was also noted that gravel parking lots are much less expensive to construct that asphalt paved lots. Mr. Chrisman stated he has already spoken to the owner of Rabine Paving about the possibility of donating gravel for the parking lot. Chairman Peterson inquired if the installation of a gravel lot required retention/detention. Mr. Cichowski responded it would depend on the size of the parking area. He suggested a parking area of 85" by 200' would accommodate 40-50 cars and would likely not have to include retention. He also noted the parking area could be expanded in the future. Alderman Schaefer stated having two access points opens the park up to the community from all directions. Chairman Peterson inquired if the Committee was ready to send this matter to City Council for consideration. Alderman Santi stated he would prefer to know where ComEd stands on potentially providing access and/or parking prior to sending this proposal to Council. Director Merkel inquired how the Committee wished to proceed. He noted City Council direction was required prior to initiating discussions with ComEd if an easement and/or license is required. Chairman Peterson stated he would like to concept to be presented to Council before spending any money on engineering. He opined the concept would gain Council approval. Director Merkel noted if the ComEd Property is utilized, a lease agreement and liability insurance would be required, particularly while contractors are working on the property (i.e. constructing parking lot and/or access way). In response to an inquiry, Mr. Chrisman stated he has a pro design the first 9 holes of the course with him. He also noted there is room to ultimately have an additional 18 holes on the course. Alderman Schaefer inquired if there is a benefit to having the course designed by a professional. Mr. Chrisman responded in the negative. There is no prestige associated with who designs a course. Motion by Santo seconded by Schaefer, to direct Staff to prepare documentation to present the concept plan for the disc golf course proposal to City Council for consideration and action. Voting Aye: Santi, Schaefer, Peterson. Voting Nay: None. Absent: None. Motion carried. Director Merkel inquired as to what information the Committee would like included in the Agenda Supplement narrative. The Committee noted they would like the existing access point identified and the Committee recommendation that an additional access to the north be Parks and Recreation Committee Meeting June 10, 2009 Page 6 sought via the ComEd Property or Ponca Street. Council should authorize the expenditure of fiends to come up with some cost options for parking at Ponca Street, ComEd Property, etc. The narrative should also accentuate the fact that the park will be used be walkers and bird watchers in addition to disc golfers. Signage for the park must be included in the cost of the project. New Business Alderman Santi inquired if there was any progress on the dog park development. Director Merkel responded the City is waiting to secure access and is hesitant to give up parking. It is also necessary to get across the embankment. Alderman Schaefer noted the soccer fields in Althoff Park are not playable. Discussion about a better use for the park ensued. Adjournment Motion by Schaefer, seconded by Santi, to adjourn the meeting at 9:11 p.m. Voting Aye: Santi, Schaefer, Peterson. Voting Nay: None. Absent: None. Motion carried. Res ectfully s tted, Robert J. Peter Chairman