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HomeMy WebLinkAboutPacket - 07/13/2009 - City Council Cityof MCHenry t 333 South Green Street r www.ci.mchenry.il.us McHenry,Illinois 60050-5495 -- i . Mayor's Office (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Monday, July 13, 2009, 7:30 PM Clerk's Office (815)363-2100 Fax(815)363-2128 1. Call to Order Administration 2. Roll Call (815)363-2108 Fax(815)363-2119 3. Pledge of Allegiance Public Works Community 4. Public Input Session: 10 Minute Limitation Development (815)363-2170 5. Consent Agenda: Fax(815)363-2173 A. June 29, 2009, and July 6, 2009 City Council minutes B. List of Bills Parks and Recreation (815)363-2160 6. Permit to post temporary signs in municipal right-of-ways to advertise performances of Fax(815)363-3186 Riverview Theater's Shakespeare in the Park Police Non-Emergency 7, Class G1 liquor license for Burrito City y Mariscos Estilo Nayant, Inc. d/b/a Burrito City, 4305 (815)363-2200 West Elm Street and ordinance increasing number of Class G1 licenses from four to five Fax(815)363-2149 8. Temporary use permit to allow outdoor display of recreational vehicles at 3519 West Elm Mayor Street, former site of Justen Funeral Home Susan E.Low g Temporary use permit to allow outside display of merchandise, Sear Appliance Outlet, 1750 City Clerk North Richmond Road Janice C.Jones 10. Presentation by Police Department, Crime Free Multi-Housing Program 'h'easurer David M.Welter 11. Authorization to: 1) host the CABA World Series at Petersen Park Field #2; 2) host the CABA World Series Opening Ceremony at Petersen Park; 3) spend up to $12,000 from Tourism Fund Aldermen for various improvements to Petersen Park Field #2; and 4) provide staff support for events WARD 1 12. Local Agency Agreement for Federal Participation and Preliminary Engineering Services Victor A. Santi Agreement with SEC Groups, Inc. for Phase II engineering of Route 31/Route 120 Intersection WARD 2 Improvements project for an amount not to exceed $617,168.42 Andrew A.Glab 13. Mayor — Statement and Reports WARD 3 14. Committee Reports Jeffrey A. Schaefer WARD 4 15. Staff Reports Steven C.Murgatroyd 16. Future Agenda Items WARD Richard W.Wimmer 17. Adjournment WARD 6 Robert J.PetersRosted and Mailed: July 8, 2009 WARD 7 Geri A.Condon CONSENT AGENDA The Consent Agenda for the July 13, 2009 City Council meeting consists of the following items: A. June 29, 2009 and July 6, 2009 City Council minutes B. List of Bills. Attachments REGULAR MEETING JUNE 29, 2009 Mayor Low called the regularly scheduled June 29, 2009 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Absent: Schaefer. 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. PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT Mayor Low at 7:31 p.m. convened the Public Hearing regarding a proposed Comcast Franchise Agreement with a term of June 30, 2009 through June 30, 2014. City Administrator Maxeiner stated notice of the Public Hearing was published in the Northwest Herald on June 12, 2009. City Administrator Maxeiner noted the Agreement would be addressed through adoption of an ordinance. He noted the existing Comcast Franchise Agreement expired this past spring. As required by newly-adopted State Statutes which govern most aspects of such agreements, the proposed agreement has been condensed from a 60-page document to a 3- page document. Alderman Glab stated he would like assurance that Comcast facilities would be well- maintained. City Attorney McArdle responded the actual service is now handled by the State. The franchise agreement is solely for use of the municipality's right-of-way. In response to Mayor Low's inquiry, there were no comments from the audience with regard to this issue. City Clerk Jones also noted there had been no written or oral comments submitted to the Clerk's Office. Motion by Glab, seconded by Wimmer, to close the Public Hearing regarding the consideration of the Comcast Franchise Agreement at 7:35 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Public Hearing was closed at 7:35 p.m. Alderman Santi left the Council Chambers at 7:35 p.m. Page 2 June 29,2009 CONSIDERATION AND ACTION REGARDING MATTER DISCUSSED IN PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT EFFECTIVE JUNE 30, 2009 THROUGH 1UNE 30 2014 Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass and approve an ordinance authorizing the Mayor's execution of a Comcast Franchise Agreement having an effective date of June 30, 2009 through June 30, 2014. Voting Aye: Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Santi, Schaefer. Motion carried. Alderman Santi returned to the Council Chambers at 7:36 p.m. PUBLIC HEARING: PRE-ANNEXATION AGREEMENT — 1910 NORTH ORCHARD BEACH DRIVE MICHAEL AND ANN ECKSTEIN Mayor Low at 7:36 p.m. convened a Public Hearing regarding consideration of a Pre- Annexation Agreement with Michael and Ann Eckstein for the property located at 1910 North Orchard Beach Drive. Deputy City Administrator Martin stated notice of the Public Hearing was published in the Northwest Herald on June 13, 2009. Deputy City Administrator Martin noted Mr. Eckstein has requested permission to connect to the municipal sanitary sewer system. As the property is currently not contiguous to the City, Staff has prepared a Pre-Annexation Agreement which would allow for connection subject to the applicant paying non-resident fees and that the subject property be annexed within 90 days of its becoming contiguous. In response to Mayor Low's inquiry there were no questions or comments from City Council or the audience. City Clerk Jones noted there had been no written or oral comments submitted to the City Clerk's office regarding this matter. Motion by Glab, seconded by Santi, to close the Public Hearing regarding consideration of a Pre-Annexation Agreement with Michael and Ann Eckstein for the property located at 1910 North Orchard Beach Drive at 7:40 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Public Hearing was closed at 7:40 p.m. Page 3 June 29,2009 CONSIDERATION AND ACTION REGARDING MATTER DISCUSSED IN PUBLIC HEARING: PRE- ANNEXATION AGREEMENT — 1910 NORTH ORCHARD BEACH DRIVE, MICHAEL AND ANN ECKSTEIN Motion by Murgatroyd, seconded by Santi, to accept Staff's recommendation to pass an ordinance authorizing the Mayor and City Clerk's execution of a Pre-Annexation Agreement with Michael and Ann Eckstein for the property located at 1910 North Orchard Beach Drive and to approve the applicants' connection to the municipal sanitary sewer system, subject to payment of non-resident fees and annexation of the subject property within 90 days of its becoming contiguous to the City. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay; None. Absent: Schaefer. Motion carried. PUBLIC INPUT SESSION Joe Vallez, resident of 6920 Waterford, addressed Council regarding traffic safety. Mr. Vallez stated he is President of the Legend Lakes Neighborhood 1 Home Owners Association. He noted there is a lack of stop signs in the neighborhood which causes safety concerns. Mr. Vallez complimented Deputy City Administrator Martin for his professionalism in dealing with him regarding the difficulties experienced in Legend Lakes Subdivision. CONSENT AGENDA Alderman Murgatroyd left the Council Chambers at 7:44 p.m. Alderman Glab requested the June 15, 2009 minutes be amended to reflect that he expected District 156 to take care of their property, not the entire drainage ditch. City Clerk Jones acknowledged the minutes would be amended as requested. Motion by Santi, seconded by Wimmer, to accept the Consent Agenda as amended: A. Temporary closure of Washington Street for Honorary Street Sign Ceremony: Honorary Jackson Grabow Way; B. NIPCL Facility Fund Five-Year Agreement at$3,000 per year; C. City Administrator Employment Agreement Renewal; D. Block Party request: Tom and Marge Fellberg, Liberty Trails Subdivision,Saturday, August 15, 2009' E. City Council minutes: June 15, 2009 regularly scheduled meeting; F. List of Bills: ACRES GROUP 11,320.00 ADAMS ENTERPRISES INC, R 198.26 AGS REBUILDERS 288.00 AMELIO, ROBERT 188.00 ANDERSON, LORI 290.63 Page 4 June 29,2009 ARAMARK 591.16 AT&T 1,644.27 AT&T LONG DISTANCE 67.05 AUTO TRUCK GROUP 176.26 BANK OF NEW YORK, THE 525.00 BANKCARD SERVICES 207.09 BECKER, CASSANDRA L 193.75 BENTZ, DONALD J 229.50 BETANCOURT, DANIELLE 1,094.00 BREMER, CURTIS H 2O8.00 BRENNAN, DAN 1,640.00 BUSS FORD SALES 34.18 CARDIAC CARE SERVICES IN 238.95 CAREY ELECTRIC 982.00 CDW GOVERNMENT INC 180.14 CHOPIN, CHRISTINA 173.00 CONCRETE SOLUTIONS 494.00 CONSERV FS 371.92 CONSTELLATION NEWENERGY 39,552.36 CRESCENT ELECTRIC SUPPLY 60.10 CURRAN CONTRACTING COMPA 2,197.76 CURVES OF MCHENRY 30.00 D'S MARINE SERVICE INC 157.23 DELISI, PHIL 200.00 DELL MARKETING LP 179.10 DONEVSKI, GRACE 30.00 DONS CLEANERS 32.00 DREISILKER ELECTRIC MOTO 364.54 DUCY, DIANE 121.00 DURA WAX COMPANY INC, TH 48.35 FISCHER BROS FRESH 508.75 FLAGHOUSE 87.87 FLESCH COMPANY INC, GORD 96.32 FOWLER, JEFF R 276.00 FOXCROFT MEADOWS INC 227.60 G & E GREENHOUSES INC 704.80 G IMPRESSIONS INC 246.40 GAHGAN, MICHELLE 16.50 GARELLI, EMILY 65.00 GIALLUISI, PATRICIA 95.00 GLICK, DEBORAH A 31.82 GLUSAK, LIANA 80.00 GOLD MEDAL PRODUCTS 560.81 GROWER EQUIPMENT & SUPPL 350.00 GURRIE, LETITIA 102.98 HALOGEN SUPPLY COMPANY 313.48 HARM'S FARM 8.58 HUEMANN, LINDA 105.00 ILLINOIS EPA 1,000.00 INNOVATIVE PACKAGING INC 100.00 JC LICHT AND COMPANY 105.52 JIMANOS PIZZERIA 44.00 JULIE INC 316.20 JUNGMANN, MARLENE B 454.00 KALE UNIFORMS INC 293.13 KIMBALL MIDWEST 479.59 KING, LAURA 170.50 LAMBERT, FRANCES B 63.00 LANG PONTIAC-CADILLAC-SU 162.21 LEXISNEXIS 119.00 MAD SCIENCE OF MCHENRY C 1,625.00 MAZZUCA, JOE 299.00 MCCANN INDUSTRIES INC 1,845.00 MCHENRY ANALYTICAL WATER 80.00 MCHENRY COUNTY GLASS & M 240.00 MCHENRY SPECIALTIES 55.00 MEYER & SONS FENCE MFG, 2,426.99 MENDEZ LANDSCAPING & BRI 700.00 MERKEL, MARISA 250.00 MEYER MATERIAL COMPANY 319.02 MID AMERICAN WATER OF WA 552.00 Page 5 June 29,2009 MINUTEMAN PRESS OF MCH 2,074.40 MOORE, KEVIN 280.50 NEXTEL 2,622.06 NICOR GAS 1,281.09 NORTHWEST HERALD 211.60 OLSEN SAFETY EQUIPMENT C 95.75 OTTOSEN BRITZ KELLY COOP 1,925.00 PACE 6,787.75 PAYLINE WEST INC 27.82 PEPSI-COLA GENL BOT 790.04 PETROLIANCE LLC 11,668.93 PETTIBONE & CO, P F 405.45 PRO PLAYER CONSULTANTS I 1,600.00 QUALLS, KIM 145.00 REINDERS INC 80.89 RICHTER, SHERI 40.00 RIDGEVIEW ELECTRIC INC 876.50 ROC CONSTRUCTION SUPPLY 173.33 ROCK RIVER ARMS INC 379.30 ROLLER'S TENNIS & GOLF 30.00 RUNIONS, AMBER 228.00 SEC GROUP INC 16,553.67 SECRETARY OF STATE 6.00 SECRETARY OF STATE / POL 78.00 SHERMAN MECHANICAL INC 695.66 SHERWIN INDUSTRIES INC 91.66 SIERACKI, LEN 163.00 STANS OFFICE TECHNOLOGIE 64.34 STAPLES BUSINESS ADVANTA 878.51 STEKL, DIANE 340.00 STONE, TANYA L 630.00 SYMBOLARTS 160.00 TAPCO 720.49 TEGTMEIER, TERRY 299.00 THOMAS TRUCKING INC, KEN 490.00 UNITED LABORATORIES 457.86 UNITED PARCEL SERVICE 72.00 VANNERSON, JOE 19.44 WALLS, CHERYLE 700.00 WALMART COMMUNITY 327.22 WASTE MANAGEMENT OF WI P 8,144.31 WITT, CINDY 117.19 ZEP SALES & SERVICE 86.60 ZUKOWSKI ROGERS FLOOD & 7,185.00 GRAND TOTALS 149,907.03 FUND TOTALS GENERAL FUND 64,870.03 PAGEANT FUND 305.00 DEVELOPER DONATION FUND 876.50 TIF FUND 9,539.45 DEBT SERVICE-1997A FUND 525.00 CAPITAL IMPROVEMENTS FUND 9,311.21 WATER/SEWER FUND 59,058.51 RISK MANAGEMENT FUND 240.00 INFORMATION TECHNOLOGY FUND 701.33 RETAINED PERSONNEL ESCROW 4,480.00 TOTALS 149,907.03 Voting Aye: Santi, Glab, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Murgatroyd. Motion carried. Page 6 June 29,2009 FENCE VARIANCE: 3508 WASHINGTON STREET, CHARLES COPLEY Deputy City Administrator Martin stated a request was submitted by Charles Copley for a fence variation for his property located at 3508 Washington Street. Mr. Copley resides on a double-frontage lot and is seeking a variance to allow a five-foot high Catalina stone and aluminum fence parallel to Washington Street and First Avenue. In addition, Mr. Copley is requesting six-foot high solid cedar fencing along the western property line, which would encroach in the required front yard as defined by ordinance. Staff has reviewed the request and supports the applicant's requested variance. Alderman Murgatroyd returned to Council Chambers at 7:45 p.m. Alderman Santi acknowledged the proposed fencing fits in well with the surrounding properties. Alderman Glab inquired if a retaining wall was being proposed. Deputy City Administrator responded the request is for a decorative fence. Alderman Glab asked that the variance be clarified to spell out that the fence meets the standards of the fence ordinance. Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to approve a variance as requested by Charles Copley for his property located at 3508 Washington Street as follows: 1. To allow a five-foot high Catalina and aluminum fence in designated front yards along Washington Street and First Avenue; 2. To allow a six-foot high solid cedar fence along the western property line, encroaching in the required front yard as defined by ordinance; 3. And that the fence must meet all standards for fence construction as stated in the City's ordinance. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. REQUEST FOR TEMPORARY STREET CLOSURES FOR MCHENRY ELEMENTARY EDUCATION FOUNDATION 5K RUN IN PARK RIDGE ESTATES SUBDIVISION ON SEPTEMBER 13 2009 Assistant City Administrator Hobson stated the McHenry Elementary Education Foundation has hosted walk-a-thons for the past six years as a means to raise money for District 15 school programs. This year the foundation is attempting a more formalized event and is proposing a 5K (3.1 miles) walk/run in the Park Ridge Estates neighborhood on Sunday, September 13, 2009 at 8 a.m. The run will be based at Riverwood School with all staging, registration, and parking, as well as race finish line,contained on the site. Page 7 June 29,2009 Assistant City Administrator Hobson stated the walk/run would require temporary closure of Glenbrook Trail and Dartmoor Drive in Park Ridge Estates Subdivision. The streets would be closed for no more than 30 minutes as the walkers/runners complete that portion of the course. Assistant City Administrator Hobson noted Staff believes the event is well- organized, and stated Sue Miller, of the McHenry Elementary Education Foundation was in attendance to address any questions or concerns. Alderman Condon requested clarification regarding the start time of the event. Assistant City Administrator Hobson responded the event begins at 8 a.m. Alderman Santi stated he is comfortable with the event. Alderman Murgatroyd requested clarification regarding where participants would park. Ms. Miller responded they are expecting a large turnout, but believed there would be adequate parking in the Riverwood School lot. Ms. Miller also noted signage and volunteers will be on hand to provide directions for participants and viewers. Motion by Condon, seconded by Santi, to accept Staff recommendation to approve the temporary closure of streets within Park Ridge Estates Subdivision on Sunday, September 13, 2009 for the McHenry Elementary Education Foundation 5K Run. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE IN CONJUNCTION WITH A LANDSCAPE CONTRACTOR'S BUSINESS—3966 WEST DAYTON STREET JOHN BENKENDORF Mayor Low stated the request for conditional use permit to allow outside storage in conjunction with a landscape contractor's business located at 3966 Dayton Street was pulled from this evening's agenda at the applicant's request. REQUEST FOR CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT-342S PEARL STREET, GEORGE SCHMIDT Deputy City Administrator Martin stated-George Schmidt has submitted an application for conditional use permit to allow the service of alcoholic beverages at his restaurant, Green Pearl Bistro (formerly the Whales Tail Restaurant), located at 3925 Pearl Street. The Planning and Zoning Commission considered the request at a Public Hearing held on June 18, 2009 and unanimously recommended approval. An ordinance has been prepared granting the conditional use permit should Council support the request. Page 8 June 29, 2009 Motion by Santi, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow the service of alcoholic beverages in conjunction with the Green Pearl Bistro located at 3425 Pearl Street. Voting Aye: Santi,Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. REQUEST FOR CLASS A LIQUOR LICENSE FOR GREEN PEARL BISTRO, 3425 PEARL STREET AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES FROM 25 TO 26 City Administrator Maxeiner stated the Applicant, George Schmidt, submitted all appropriate paperwork, paid the associated fees, and submitted to fingerprinting in conjunction with his application for a Class A Liquor License for the Green Pearl Bistro located at 3425 Pearl Street. He noted the Mayor has met with Mr. Schmidt and recommends approval of the application. City Administrator Maxeiner stated an ordinance increasing the number of Class A Liquor Licenses from 25 to 26 has been prepared for Council consideration. Mayor Low acknowledged that both Mr. Schmidt and the restaurant manager have completed BASSET training. Motion by Murgatroyd, seconded by Santi, to accept the Mayor's recommendation to approve the Class A Liquor License for Green Pearl Bistro located at 3425 Pearl Street as requested by George Schmidt; and to pass an ordinance increasing the number of Class A Liquor Licenses from 25 to 26. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. SUPPLEMENTAL GROUNDWATER PROTECTION ORDINANCE Alderman Wimmer departed the Council Chambers at 8:02 p.m. City Administrator Maxeiner stated in 2004 Council approved a Groundwater Protection Ordinance which prohibits wells within an area south of West Elm Street, west of Green Street and north of Boone Creek. This area was established as part of the remediation plan for soil contamination at the corner of Elm Street and Richmond Road. City Administrator Maxeiner stated Mr. Don's Cleaners, located at 1207 North Third Street, has been working with Northern Environmental to address the presence of some chemical constituents in the ground near the business. As part of the remediation process, the Page 9 June 29,2009 IEPA has requested the expansion of the original Groundwater Protection Ordinance to include additional area north of Waukegan Road, south of West Elm Street, and west of Boone Creek. Staff has determined there are no wells in existence within the proposed protection area. The municipal water supply serves the proposed area. Therefore, the proposed expansion of the protected area would not place a hardship on any property owner. Staff supports the request to expand the Groundwater Protection Area and has prepared an ordinance providing for the expansion for Councirs consideration. Alderman Murgatroyd stated it behooves the City to make adjustments to the protected area from time to time. In response to an inquiry from Alderman Glab, City Administrator Maxeiner provided clarification regarding the precise boundaries of the proposed expanded area. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass a Supplemental Groundwater Protection Ordinance providing for the expansion of the groundwater protected area to include all properties south of West Elm Street, north of Waukegan Road and west of Boone Creek as depicted on Exhibit A attached to the Ordinance, namely: All properties bounded by Elm Street(Illinois Route 120)to the north,Third Street to the east,Waukegan Road to the south,and Front Street(Illinois Route 31)to the west; and All properties bounded by Elm Street(Illinois Route 120)to the north, Boone Creek to the north and east, Green Street to the east,Waukegan Road to the south,and Third Street to the west. Voting Aye: Santi, Glab, Murgatroyd, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Wimmer. Motion carried. Alderman Wimmer returned to the Council Chambers at 8:06 p.m. PROPOSAL FROM WATER WELL SOLUTIONS FOR REHABILITATION OF WATER WELL #2 IN AN AMOUNT NOT-TO-EXCEED 530.969 City Administrator Maxeiner stated Well#2 is one of two wells which provide raw water to Water Treatment Plant #1 located on Green Street. The well was last rehabilitated in 2006 using acid treatment and air bursting with very limited success. At that time a new pump and motor were installed. City Administrator Maxeiner stated Water Well Solutions has provided the City with a proposal which recommends a high rate injection process. The process injects high rates of national sanitation foundation (NSF) approved chemicals into the well, removing any mineral and biological buildup to allow for additional water production capacity. This process has been Page 10 June 29, 2009 successfully utilized on City wells#5, #6, and #8. Water Well Solutions is the sole provider of the high rate injection process. City Administrator Maxeiner stated the 2009-2010 budget includes $55,000 for well rehabilitation. It is Staffs recommendation to accept the proposal submitted by Water Well Solutions for the high rate injection process to be performed on Well #2 in an amount not-to- exceed$30,969. Alderman Murgatroyd inquired if the remediation is a long-term process. Director of Public Works Schmitt responded the high rate injection process works very well on the City's type of wells. Motion by Wimmer, seconded by Santi, to approve Staffs recommendation to accept the proposal submitted by Water Well Solutions for the high rate injection process to be conducted on Well#2 in an amount not-to-exceed$30,690. Voting Aye: Santi,Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low stated the Landmark Commission did a wonderful job preparing for and hosting the Day at Petersen Farm on Sunday, and noted more than 2,000 were in attendance for the event. Mayor Low announced an Honorary Street Sign Ceremony in commemoration of Jackson Grabow will be held on Thursday, July 2, 2009 at 6 p.m. at the intersection of Washington Street and Riverside Drive. COMMITTEE REPORTS Chairman Alderman Wimmer announced a Public Works Committee meeting is scheduled for Monday, July 6, 2009 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS Assistant City Administrator Hobson announced the Fireworks display is scheduled for Saturday, July 4, 2009. Gates open at 4 p.m.; music will be provided between 6 p.m. and 9 p.m. The fireworks will begin at dusk,approximately 9:30 p.m. FUTURE AGENDA ITEMS Alderman Condon complimented the Landmark Commission on their fine work in making the Day at Petersen Park such a wonderful family event. Page 11 June 29,2009 ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:12 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The meeting was adjourned at 8:12 p.m. Mayor City Clerk REGULAR MEETING JULY 6,2009 Mayor Low called the regularly scheduled July 6, 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. PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes of Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Condon,to accept the Consent Agenda as presented: A. Final pay request for Petersen Park and Knox Park ball field lighting— Ridgeview Electric in the amount of$24,000; B. Proposal from B&W Control systems Integration for SCADA system improvements in the amount of$11,990; C. Block Party request: Ron Bielski, Mill Creek Subdivision, August 1, 2009; D. Picnic/Special Use Permits; E. As Needed Checks: ALBERTSONS 93.68 AT&T 4,434.12 BANK OF NEW YORK, THE 903,395.00 BANKCARD SERVICES 687.43 BEESON'S 153.45 BLUE CROSS BLUE SHIELD 0 119,581.48 COMCAST CABLE 75.78 FOGLESONG, HEATHER 16.02 FOP UNITS I/II 1,767.00 GOLD MEDAL PRODUCTS 649.44 HOME DEPOT/GECF 998.00 IUOE, LOCAL 150 1,961.18 MCHENRY POLICE OFFICER'S 906.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 320.00 POSTMASTER MCHENRY IL 3,532.78 SAFARI LAND LLC 342.00 SAM'S CLUB 1,083.49 TRAILS OF ALGONQUIN 605.50 UNITED WAY OF MCHENRY CO 217.00 UNUM 1,398.82 VERIZON WIRELESS 155.10 GRAND TOTALS 1,042,415.60 FUND TOTALS GENERAL FUND 17,654.20 DEBT SERVICE-1997A FUND 903,395.00 WATER/SEWER FUND 1,327.01 EMPLOYEE INSURANCE FUND 119,597.50 INFORMATION TECHNOLOGY FUND 241.89 TOTALS 1,042,415.60 Page 2 July 6, 2009 ' F. List of Bills: AQUAPREP 5,544.00 AT&T 4,367.89 AUTO TRUCK GROUP 2,252.16 BLACKHAWK PRODUCTS GROUP 230.84 CDW GOVERNMENT INC 1,606.99 CECCHI, JAQI 35.00 CENTEGRA OCCUPATIONAL ME 107.80 CERTIFIED FLEET SERVICES 15,439.21 COMER 4,146.66 COMMUNICATIONS REVOLVING 115.00 CONSERV FS 693.61 CRESCENT ELECTRIC SUPPLY 720.72 CRUZ, MICHAEL 63.01 GALLS INCORPORATED 872.80 GITZKE, WILLIAM J 454.35 GOLD MEDAL PRODUCTS 786.14 GREAT LAKES FIRE & SAFET 49.20 GROVE, KELLY 292.50 HACH COMPANY 433.09 HARKER, MAUREEN B 170.00 HENRICKSEN 135.00 HOPP, TIMOTHY 5.00 HORIBA JOBIN YVON INC 218.66 HYDRAULIC SERVICES AND R 352.18 INTEGRA BUSINESS SYSTEMS 89.95 JIMANOS PIZZERIA 66.00 JOSEPHSON INSTITUTE 100.00 KDS TECH SERVICES INC 478.50 KIMBALL MIDWEST 193.04 KITTL, AMBROSE M 175.43 KREASSIG, DANIEL 104.66 KTD INC 349.03 LAMBERT, FRANCES B 50.00 MCHENRY SPECIALTIES 382.50 MEINHARDT, KRIS 155.00 MINUTEMAN PRESS OF MCH 320.00 MORRIS, MATT 53.49 NORTH EAST MULTI-REGIONA 70.00 OLMEM, DENISE 200.00 PETROLIANCE LLC 1,261.43 PITEL SEPTIC INC 918.75 PRAIRIE REIDGE MEDIA INC 150.00 SEXTON, ERIC M 29.14 SHERWIN INDUSTRIES INC 2,204.00 SPENGEL, TRISH 167.00 ST PAULS EPISCOPAL CHURC 449.18 STANS OFFICE TECHNOLOGIE 230.84 TAYLOR, BRET 60.00 TEAM MECHANICAL INC 4,975.00 TRAFFIC CONTROL & PROTEC 359.71 VAN GALDER BUS COMPANY 724.00 WALSH, TAMMY 55.00 WELTZIEN, KATHY 165.00 WEST PAYMENT CENTER 378.00 ZAHN, DAN 360.00 GRAND TOTALS 54,386.46 FUND TOTALS GENERAL FUND 40,804.06 TOURISM FUND 150.00 WATER/SEWER FUND 11,568.67 INFORMATION TECHNOLOGY FUND 1,863.73 TOTALS 54,386.46 Page 3 July 6,2009 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE: 3717 WEST GRAND AVENUE Deputy City Administrator Martin stated a request was submitted by Timothy O'Toole of 3717 West Grand Avenue seeking a variance from the fence ordinance. The applicant is requesting permission to construct a six-foot high white PVC privacy fence in the required front yard of a double-frontage lot. Staff has reviewed the request and supports the variance as requested. Alderman Condon expressed her gratitude to Staff for providing a photo of the proposed fencing and noted it is easier to visualize how the fence will look after viewing the photograph. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve a fence variance as requested by Timothy O'Toole for his property located at 3717 West Grand Avenue, to allow a six-foot high PVC privacy fence in the required front yard of Lincoln Avenue on his double-frontage lot. 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 v 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 Mayor Low announced the request for Class G1 Liquor License from Burrito City was pulled from consideration at this meeting as the applicant is out of town. The matter will be presented at Council's July 13, 2009 regularly scheduled meeting. REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE IN CONJUNCTION WITH A LANDSCAPE CONTRACTOR'S BUSINESS—3966 WEST DAYTON STREET JOHN BENKENDORF Deputy City Administrator Martin stated John Benkendorf has petitioned the City for a conditional use permit to allow outside storage at his landscape business located at 3966 West Dayton Street in Tonyan Industrial Park. The application was presented before the Planning and Zoning Commission at a Public Hearing held on June 18, 2009. The Commission unanimously recommended approval of the application subject to the following conditions: 1. The property shall be cleared of all debris and inoperable vehicles and/or equipment; 2. There shall be no storage of anything other than vehicles, trailers, equipment, landscape materials which are directly related to the business on the property; Page 4 July 6,2009 3. The outdoor storage area shall be on an approved paved surface, fenced, and kept in an orderly fashion; 4. The aggregate section located immediately south of the landscape storage area shall be paved with an approved surface. Alderman Murgatroyd requested the word "operable" be added prior to the word "vehicles" in the second condition. Deputy City Administrator Martin stated it is assumed to mean operable vehicles but would revise the ordinance to include it in the conditions. Aldermen Wimmer and Santi concurred with Alderman Murgatroyd and requested the word "operable" be added to modify vehicles in condition#2. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit to allow outside storage on the premises to John Benkendorf for his landscape business located at 3966 West Dayton Street, subject to the following conditions: 1. The property shall be cleared of all debris and inoperable vehicles and/or equipment; 2. There shall be no storage of anything other than operable vehicles, trailers, equipment, landscape materials which are directly related to the business on the property; 3. The outdoor storage area shall be on an approved paved surface, fenced, and kept in an orderly fashion; 4. The aggregate section located immediately south of the landscape storage area shall be paved with an approved surface. Voting Aye: Santi,Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR EASTSIDE WATER MAIN EXTENSION PROJECT—SEC GROUP,IN AN AMOUNT NOT-TO-EXCEED$57,095 City Administrator Maxeiner stated the Illinois Environmental Protection Agency (IEPA) has identified groundwater contamination in an area east of and adjacent to the Fox Fiver on both the north and south sides of Route 120. The [EPA is interested in extending the public water supply to the area to eliminate public contact with tainted well water and has asked the City to prepare to extend the public water supply to the affected areas. Some of the affected areas are in unincorporated McHenry County. City Administrator Maxeiner stated SEC Group has prepared an Engineering Services Agreement which includes the surveying and engineering services required for the East Side Water Main Extension. SEC will complete the engineering design and bidding documents which would allow the City to bid the project as soon as funding for the project is identified. Page 5 • July 6,2009 City Administrator Maxeiner noted there are no funds included in the 2009-2010 budget for this project. Funding for the engineering services agreement will come from the Water and Sewer Fund and may be subject to reimbursement from private property owners or state and federal sources. The IEPA continues to investigate the sources of contamination and will be discussing financial participation with the owners of the source properties upon the completion of their investigation. It is Staffs recommendation to approve the engineering services agreement with SEC Group in an amount not-to-exceed$57,095 as presented. Alderman Santi inquired if there is any idea when the final reports will be received from the IEPA. City Administrator Maxeiner responded not at this time. He noted, however, bidding would not be conducted until the City is more aware of the current evaluation from the IEPA. Alderman Glab asked why the taxpayers have to pay for the engineering services agreement. City Administrator Maxeiner stated the City is moving forward at the IEPA's request. It is in the public's best interest for safety reasons to proceed with the agreement at this time. Alderman Glab stated he is concerned that the City is paying for the engineering and the County is not involved. He noted some of the affected properties are not even within McHenry's corporate boundaries. City Administrator Maxeiner replied the City intends to use its negotiating powers in a cooperative effort rather than making immediate demands. Alderman Murgatroyd stated he understands the need to move the project forward. He noted he is comfortable that Staff would come to a reasonable conclusion prior to the groundbreaking. Alderman Wimmer stated the need is there; it is good to move forward at this time. Alderman Peterson inquired as to the probable cost of the project. City Administrator Maxeiner responded the City should have the design and bid package and know the probable cost by Labor Day. Alderman Condon noted for public safety reasons she is comfortable with proceeding with the project. In response to Alderman Peterson's inquiry, City Administrator Maxeiner identified the test wells on the Exhibit provided to Council. He also noted the IEPA is aware of the water table depth in the area. Steve Cieslica of SEC Group stated the water table fluctuates, and noted it is difficult to be definitive as to its exact location. He noted it would be possible to determine where contaminants are located with soil borings. Page 6 July 6,2009 Alderman Glab inquired about what division of SEC Group would be handling this matter. Mr. Cieslica responded SEC will have a subcontractor that specializes in geotechnical services work on this project. Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to approve an engineering services agreement for the surveying and bidding documents for the Eastside Water Main Extension Project with SEC Group in an amount not-to-exceed $57,095. Voting Aye: Santi,Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low commended Staff on preparations for the July 4`" celebration and expressed the City's gratitude to the Jaycees for their Jaycees Day event. COMMITTEE REPORTS Chairman Wimmer announced minutes of the July 6, 2009 Public Works Committee Meeting would be forthcoming. Chairman Murgatroyd announced a Finance and Personnel Committee Meeting is scheduled for Monday,July 13, 2009 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS Assistant City Administrator Hobson announced Fiesta Days begins this Friday. The gates at Petersen Park Beach will open at 4 p.m. FUTURE AGENDA ITEMS Alderman Glab stated he was not impressed with the fireworks display.The City has had Melrose Pyrotechnics for the last two years. He opined the City should look further for someone else to provide the display. He noted the displays were weak and the show could have been better. He stated he did not feel the fireworks were synchronized to the music. Mayor Low stated while she respects Alderman Glab's opinion, she noted she has received many compliments regarding this year's display and music. Page 7 July 6, 2009 ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:03 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:03 p.m. Mayor City Clerk DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9070086 100 45 1109 ADAMS OUTDOOR POWER EQUI 53176 SUPPLIES 07/13/09 0 070709 16.80 100.45.6110 0907 070709 GLJ8770 16.80 070709 9070087 100 22 1200 AFTERMATH INC JC1209BIO-HAZARD CLEAN UP 07/13/09 0 070709 95.00 100.22.5110 0907 070709 GLJ8770 95.00 070709 9070088 100 22 1200 AFTERMATH INC JC1223BIO-HAZARD CLEAN UP 07/13/09 0 070709 95.00 100.22.5110 0907 070709 GLJ8770 95.00 070709 9070089 100 22 1200 AFTERMATH INC JC1244BIO-HAZARD CLEAN UP 07/13/09 0 070709 95.00 100.22.5110 0907 070709 GLJ8770 95.00 070709 9070090 100 33 1392 ALEXANDER LUMBER CO JUNE 2009 LUMBER 07/13/09 0 070709 573.48 100.33.6110 0907 070709 GLJ8770 573.48 070709 9070091 510 32 1670 ASHLAND SPECIALTY CHEMIC 92559421 CHEMICALS 07/13/09 0 070709 2,610.00 510.32.6110 0907 070709 GLJ8770 2610.00 070709 9070092 100 45 1450 AT&T 28.59 ALARM CIRCUIT 07/13/09 0 070709 28.59 100.45.5320 0907 070709 GLJ8770 28.59 070709 9070095 100 33 2039 B&W CONTROL SYSTEMS INTE 144188PUBLIC WORKS GARAGE LUST 07/13/09 0 070709 1,066.03 100.33.8900 20392 0907 070709 GLJ8770 PROJ# 100-PWLUST 1066.03 070709 1066.03 100-PWLUST 9070093 620 00 2020 BAN-KOE SYSTEMS INC 53766 ID IMAGE ANNUAL SUPPORT PRGRM 07/13/09 0 070709 395.00 620.00.5110 0907 070709 GLJ8770 395.00 070709 9070094 740 00 2035 BAXTER & WOODMAN 144186MORGAN HILL SUBDIVISION 07/13/09 0 070709 559.40 740.00.5220 0907 070709 GLJ8770 559.40 070709 9070096 100 41 1 BJORKMAN, MARGIE PARKS PROGRAM REFUND 07/13/09 0 070709 63.64 100.41.3637 0907 070709 GLJ8770 63.64 070709 9070097 100 22 2387 BLACKHAWK PRODUCTS GROUP IN-0478738TASER SUPPLIES 07/13/09 0 070709 113.49 100.22.6110 0907 070709 GLJ8770 113.49 070709 9070098 100 XXXXX 3015 CARQUEST AUTO PARTS STOR JUNE 09 VEHICLE REPAIR PARTS 07/13/09 0 070709 375.77 100.22.5370 0907 070709 GLJ8770 209.80 070709 100.33.5370 0907 070709 GLJ8770 115.98 070709 100.45.5370 0907 070709 GLJ8770 49.99 070709 9070099 510 31 3015 CARQUEST AUTO PARTS STOR JUNE 09 VEHICLE REPAIR PARTS 07/13/09 0 070709 89.86 510.31.5370 0907 070709 GLJ8770 89.86 070709 9070100 620 00 3135 CDW GOVERNMENT INC PLG5733 COMPUTER SUPPLIES 07/13/09 0 070709 284.02 620.00.6110 0907 070709 GLJ8770 284.02 070709 9070101 620 00 3135 COW GOVERNMENT INC PM136755 COMPUTER SUPPLIES 07/13/09 0 070709 42.90 620.00.6110 0907 070709 GLJ8770 42.90 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9070102 620 00 3135 CDW GOVERNMENT INC PLT2540 COMPUTER SUPPLIES 07/13/09 0 070709 580.00 620.00.6110 0907 070709 GLJ8770 580.00 070709 9070103 100 01 3285 CINTAS CORPORATION #355 355-01002 EMPLOYEE UNIFORM RENTALS 07/13/09 O 070709 72.64 100.01.4510 0907 070709 GLJ8770 72.64 070709 9070104 100 33 3285 CINTAS CORPORATION #355 355-01000 EMPLOYEE UNIFORM RENTALS 07/13/09 O 070709 108.04 100.33.4510 0907 070709 GLJ8770 108.04 070709 9070105 510 32 3285 CINTAS CORPORATION #355 355-00992 EMPLOYEE UNIFORM RENTALS 07/13/09 0 070709 145.88 510.32.4510 0907 070709 GLJ8770 145.88 070709 9070106 510 32 3285 CINTAS CORPORATION #355 355-00999 EMPLOYEE UNIFORM RENTALS 07/13/09 O 070709 126.00 510.32.4510 0907 070709 GLJ8770 126.00 070709 9070107 100 45 3285 CINTAS CORPORATION #355 355-00034 EMPLOYEE UNIFORMS 07/13/09 O 070709 155.57 KITTL 100.45.4510 0907 070709 GLJ8770 155.57 070709 9070108 100 01 3285 CINTAS CORPORATION #355 355-01002 FLOOR MAT RENTALS 07/13/09 0 070709 389.60 100.01.6110 0907 070709 GLJ8770 389.60 070709 9070109 100 33 3285 CINTAS CORPORATION #355 355-01000 SHOP TOWELS & SOAP 07/13/09 0 070709 69.76 100.33.6110 0907 070709 GLJ8770 69.76 070709 9070110 510 32 3285 CINTAS CORPORATION #355 355-00992 TOWELS, FLOOR MATS, SOAP 07/13/09 0 070709 97.80 510.32.6110 0907 070709 GLJ8770 97.80 070709 9070111 510 32 3285 CINTAS CORPORATION #355 355-00999 TOWELS, FLOOR MATS, SOAP 07/13/09 0 070709 144.84 510.32.6110 0907 070709 GLJ8770 144.84 070709 9070112 620 00 3509 COMCAST CABLE 7/4-8/3/09HIGH SPEED INTERNET SERVICE 07/13/09 0 070709 74.90 620.00.5110 0907 070709 GLJ8770 74.90 070709 9070113 510 XXXXX 3531 COMED JUNE 2009 WATER/SEWER PUMPING FEES 07/13/09 O 070709 7,163.44 510.31.5510 0907 070709 GLJ8770 4600.35 070709 510.32.5510 0907 070709 GLJ8770 2563.09 070709 9070114 100 33 3528 COMED 8990135056STREET LIGHTS 07/13/09 0 070709 21,705.39 100.33.5520 0907 070709 GLJ8770 21705.39 070709 9070115 100 XXXXX 3531 COMED JUNE 2009 UTILITIES 07/13/09 0 070709 745.32 100.33.5520 0907 070709 GLJ8770 46.07 070709 100.44.5510 0907 070709 GLJ8770 102.73 070709 100.45.5510 0907 070709 GLJ8770 534.30 070709 100.46.5510 0907 070709 GLJ8770 62.22 070709 9070116 510 XXXXX 3531 COMED JUNE 2009 UTILITIES 07/13/09 O 070709 643.40 510.31.5510 0907 070709 GLJ6770 274.73 070709 510.32.5510 0907 070709 GLJ8770 368.67 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9070118 510 31 3537 CONCRETE SOLUTIONS 12182 ASPHALT CUTTING BLADE 07/13/09 0 070709 460.00 510.31.6110 0907 070709 GLJ8770 460.00 070709 9070119 100 33 3537 CONCRETE SOLUTIONS 12183 CUTTING BLADE 07/13/09 0 070709 375.00 100.33.6110 0907 070709 GLJ8770 375.00 070709 9070120 100 45 3539 CONSERV FS 1224301 SUPPLIES 07/13/09 0 070709 197.03 100.45.6110 0907 070709 GLJ8770 197.03 070709 9070121 100 41 1 DRUML, AMY PARKS PROGRAM REFUND 07/13/09 0 070709 62.00 100.41.3636 0907 070709 GLJ8770 62.00 070709 9070123 100 33 5109 ED'S AUTOMOTIVE/JIM'S MU JUNE 2009 VEHICLE SAFETY INSPECTIONS 07/13/09 0 070709 149.00 100.33.5370 0907 070709 GLJ8770 149.00 070709 9070124 510 31 5109 ED'S AUTOMOTIVE/JIM'S MU JUNE 2009 VEHICLE SAFETY INSPECTIONS 07/13/09 0 070709 23.00 510.31.5370 0907 070709 GLJ8770 23.00 070709 9070125 100 33 5107 ED'S RENTAL & SALES INC 134381201 CHAIN SAW PARTS 07/13/09 0 070709 25.65 100.33.5370 0907 070709 GLJ8770 25.65 070709 9070126 100 33 5107 ED'S RENTAL & SALES INC 134376101 PARTS 07/13/09 0 070709 45.95 100.33.6110 0907 070709 GLJ8770 45.95 070709 9070122 230 00 5108 EDER CASELLA & CO 5858 08/09 AUDIT 07/13/09 0 070709 20,000.00 230.00.5110 0907 070709 GLJ8770 20000.00 070709 9070127 100 41 6029 FAST EDDIES CAR WASH 6/29/09 VEHICLE WASH 07/13/09 0 070709 14.95 100.41.5370 0907 070709 GLJ8770 14.95 070709 9070131 100 45 7281 G IMPRESSIONS INC 08-001569 BOAT LAUNCH SIGN 07/13/09 0 070709 20.00 100.45.6110 0907 070709 GLJ8770 20.00 070709 9070128 100 22 7007 GALLS INCORPORATED 097090102913IKE PATROL UNIFORMS 07/13/09 0 070709 189.37 DEBOLT 100.22.6110 0907 070709 GLJ8770 189.37 070709 9070129 100 22 7007 GALLS INCORPORATED 0970901011BIKE PATROL UNIFORMS 07/13/09 0 070709 357.66 DEBOLT 100.22.6110 0907 070709 GLJ8770 357.66 070709 9070130 100 33 7074 GITZKE, WILLIAM J 11496 SUPPLIES 07/13/09 0 070709 9.95 100.33,5370 0907 070709 GLJ8770 9.95 070709 9070132 100 44 7535 GOLD MEDAL PRODUCTS 202206CONCESSION SUPPLIES 07/13/09 0 070709 1,183.87 100.44.6110 0907 070709 GLJ8770 1183.87 070709 9070133 100 00 8031 HARRISON, JOHN J JURY DUTY MILEAGE REIMB 07/13/09 0 070709 26.52 100.00.3882 0907 070709 GLJ8770 26.52 070709 9070134 510 31 8042 HAWKINS INC 3024537 CHEMICALS 07/13/09 0 070709 1,870.91 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 7/13/09 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 070709 GLJ8770 1870.91 070709 9070135 510 32 9440 ILLINOIS EPA ILR006228 NPDES PERMIT 07/13/09 0 070709 500.00 510.32.5110 0907 070709 GLJ8770 500.00 070709 9070136 510 32 9440 ILLINOIS EPA IL0066257 NPDES PERMIT 07/13/09 0 070709 15,000.00 510.32.5110 0907 070709 GLJ8770 15000.00 070709 9070137 510 32 9440 ILLINOIS EPA ILR006227 NPDES PERMIT 07/13/09 0 070709 500.00 510.32.5110 0907 070709 GLJ8770 500.00 070709 9070138 510 32 9440 ILLINOIS EPA IL0021067 NPDES PERMIT 07/13/09 0 070709 15,000.00 510.32.5110 0907 070709 GLJ8770 15000.00 070709 9070139 100 45 9500 INNOVATIVE PACKAGING INC IVC20164 SUPPLIES 07/13/09 0 070709 103.58 100.45.6110 0907 070709 GLJ8770 103.58 070709 9070140 100 47 9580 IRISH PRAIRIE RECREATION SUMMER 09 POOL RENTAL 07/13/09 0 070709 550.00 100.47.5110 0907 070709 GLJ8770 550.00 070709 9070141 205 00 9428 LAMBERT, FRANCES B 5640 EMBROIDERY SERVICES 07/13/09 0 070709 139.00 205.00.6110 0907 070709 GLJ8770 139.00 070709 9070142 100 22 1074 LEXISNEXIS 20090630 PHONE PLUS SEARCHES 07/13/09 0 070709 118.50 100.22.5110 0907 070709 GLJ8770 118.50 070709 9070143 100 41 1 MANZO, MARGO PARKS PROGRAM REFUND 07/13/09 0 070709 36.67 100.41.3637 0907 070709 GLJ8771 36.67 070709 9070146 100 01 14067 MCANDREWS PC, THE LAW OF O1 105LEGAL FEES - TRAFFIC 07/13/09 0 070709 6,800.00 100.01.5230 0907 070709 GLJ8771 6800.00 070709 9070147 100 33 14069 MCCANN INDUSTRIES INC 11021736 SUPPLIES 07/13/09 0 070709 127.20 100.33.5370 0907 070709 GLJ8771 127.20 070709 9070148 100 33 14069 MCCANN INDUSTRIES INC 11021737 SUPPLIES 07/13/09 0 070709 153.29 100.33.5370 0907 070709 GLJ8771 153.29 070709 9070150 280 00 14276 MCHENRY COMMUNITY HIGH S JAN-JUNE09DEVELOPER DONATIONS 07/13/09 0 070709 9,710.75 280.00.6970 0907 070709 GLJ8771 9710.75 070709 9070151 280 00 14275 MCHENRY COMMUNITY SCHOOL JAN-JUNE09DEVELOPER DONATIONS 07/13/09 0 070709 17,222.25 280.00.6970 0907- 070709 GLJ8771 17222.25 070709 9070149 100 45 14266 MCHENRY FIRESTONE 16523 MOWER TIRE REPAIRS 07/13/09 0 070709 15.00 100.45.6110 0907 070709 GLJ8771 15.00 070709 9070152 100 XXXXX 14251 MCHENRY NAPA JUNE 2009 VEHICLE REPAIR PARTS 07/13/09 0 070709 1,203.32 100.01.6110 0907 070709 GLJ8771 7.32 070709 100.03.5370 0907 070709 GLJ8771 3.84 070709 100.22.5370 0907 070709 GLJ8771 469.85 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.5370 0907 070709 GLJ8771 460.17 070709 100.41.5370 0907 070709 GLJ8771 91.09 070709 100.45.5370 0907 070709 GLJ8771 171.05 070709 9070153 510 XXXXX 14251 MCHENRY NAPA JUNE 2009 VEHICLE REPAIR PARTS 07/13/09 0 070709 125.44 510.31.5370 0907 070709 GLJ8771 15.95 070709 510.32.5370 0907 070709 GLJ8771 109.49 070709 9070154 280 00 14270 MCHENRY PUBLIC LIBRARY JAN-JUNE09DEVELOPER DONATIONS 07/13/09 0 070709 3,990.00 280.00.6980 0907 070709 GLJ8771 3990.00 070709 9070155 280 00 14261 MCHENRY TOWNSHIP FIRE PR JAN-JUNE09DEVELOPER DONATIONS 07/13/09 O 070709 3,990.00 280.00.6990 0907 070709 GLJ8771 3990.00 070709 9070144 100 33 13172 MEYER MATERIAL COMPANY 225330MATERIALS 07/13/09 0 070709 71.27 100.33.6110 0907 070709 GLJ8771 71.27 070709 9070145 205 00 13291 MINUTEMAN PRESS OF MCH 70734 MISS MCHENRY PROGRAMS 07/13/09 0 070709 469.00 205.00.6110 0907 070709 GLJ8771 469.00 070709 9070156 510 32 15077 NCL OF WISCONSIN INC 254184LAB SUPPLIES 07/13/09 0 070709 804.24 510.32.6110 0907 070709 GLJ8771 804.24 070709 9070157 100 22 15532 NORTH EAST MULTI-REGIONA 122960TRAINING FEES 07/13/09 0 070709 460.00 SEXTON CRUZ 100.22.5430 0907 070709 GLJ8771 460.00 070709 9070158 100 44 17156 PEPSI-COLA GENL BOT 9727317708CONCESSIONS SUPPLIES 07/13/09 O 070709 807.88 100.44.6110 0907 070709 GLJ8772 807.88 070709 9070159 100 01 17136 PERRICONE GARDEN CENTER 423 LANDSCAPE SUPPLIES 07/13/09 0 070709 204.82 100.01.6110 0907 070709 GLJ8772 204.82 070709 9070160 100 01 17136 PERRICONE GARDEN CENTER 431 LANDSCAPE SUPPLIES 07/13/09 0 070709 63.98 100.01.6110 0907 070709 GLJ8772 63.98 070709 9070161 100 22 2532 PETROLIANCE LLC 1073300 VEHICLE FUEL 07/13/09 0 070709 2,073.25 100.22.6250 0907 070709 GLJ8772 2073.25 070709 9070162 100 22 2532 PETROLIANCE LLC 1073220 VEHICLE FUEL 07/13/09 O 070709 1,800.27 100.22.6250 0907 070709 GLJ8772 1800.27 070709 9070163 100 22 2532 PETROLIANCE LLC 8687346 DRUM DEPOSIT CREDIT 07/13/09 O 070709 20.00- 100.22.6250 0907 070709 GLJ8772 20.000R 070709 9070164 100 22 2532 PETROLIANCE LLC 8687342 VEHICLE MAINTENANCE FLUIDS 07/13/09 0 070709 401.60 100.22.6250 0907 070709 GLJ8772 401.60 070709 9070165 510 32 2532 PETROLIANCE LLC 8688395 MAINTENANCE FLUIDS 07/13/09 O 070709 204.20 510.32.6110 0907 070709 GLJ8772 204.20 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 7/13/09 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 -------------------------------------------------------------------------------------------------------------------------- 9070167 100 33 17656 PROSAFETY INC 2/630800 EMPLOYEE SAFETY BOOTS 07/13/09 0 070709 124.72 GREVE 100.33.4510 0907 070709 GLJ8772 124.72 070709 9070168 510 31 17656 PROSAFETY INC 2/632040 SUPPLIES 07/13/09 0 070709 235.57 510.31.6110 0907 070709 GLJ8772 235.57 070709 9070169 510 32 19019 RASMUSSEN REBUILDING & M 2152 REPAIR MIXER SHAFT 07/13/09 0 070709 50.00 510.32.6110 0907 070709 GLJ8772 50.00 070709 9070170 100 45 19285 RIDGEVIEW ELECTRIC INC 31945 ELECTRICAL SERVICE WORK 07/13/09 0 070709 2,475.00 100.45.5110 0907 070709 GLJ8772 2475.00 070709 9070171 100 46 20026 SAWDOWSKI, LISA SUMMER 09 PARKS PROGRAM INSTRUCTOR 07/13/09 0 070709 263.25 100.46.5110 0907 070709 GLJ8772 263.25 070709 9070172 100 41 1 SCHLITTER, CHARLES PARKS PROGRAM REFUND 07/13/09 0 070709 152.00 100.41.3636 0907 070709 GLJ8772 152.00 070709 9070173 740 00 20430 SEC GROUP INC 357240OAKS AT IRISH PRAIRIE 07/13/09 0 070709 140.00 740.00.5220 0907 070709 GLJ8772 140.00 070709 9070174 440 00 20430 SEC GROUP INC 357252RIDGE RD RESURFACING PROJECT 07/13/09 0 070709 8,000.00 440.00.8600 0907 070709 GLJ8772 8000.00 070709 440-RIDGE 9070175 580 32 20430 SEC GROUP INC 357245MILLSTREAM DR LIFT STATION 07/13/09 0 070709 920.00 580.32.8500 0907 070709 GLJ8772 920.00 070709 580-BOONESW 9070176 580 31 20430 SEC GROUP INC 357244WATER TOWER #2 07/13/09 0 070709 920.00 580.31.8500 80108 0907 070709 GLJ8772 PROJ# 580-ELVTK02 920.00 070709 920.00 580-ELVTK02 9070177 580 32 20430 SEC GROUP INC 357251SEWER SYSTEM IMPROVEMENTS 07/13/09 0 070709 83,247.80 580.32.8500 0907 070709 GLJ8772 83247.80 070709 580-SWWTP 9070178 100 01 20668 SHAW SUBURBAN MEDIA JUNE 2009 LEGAL ADVERTISING 07/13/09 0 070709 212.00 100.01.5330 0907 070709 GLJ8772 212.00 070709 9070179 100 03 20710 STANS OFFICE TECHNOLOGIE 262429COPIER METER READING 07/13/09 0 070709 51.10 100.03.5110 0907 070709 GLJ8772 51.10 070709 9070180 620 00 20710 STANS OFFICE TECHNOLOGIE 262636INTERNET SERVICES 07/13/09 0 070709 179.00 620.00.5110 0907 070709 GLJ8772 179.00 070709 9070191 XXXXX XXXXX 20711 STAPLES BUSINESS ADVANTA 8012855660OFFICE SUPPLIES 07/13/09 0 070709 232.22 100.00.6210 0907 070709 GLJ8772 707.58CR 070709 100.41.6210 0907 070709 GLJ8772 55.22 070709 620.00.6210 0907 070709 GLJ8772 41 379.67 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.22.6210 0907 070709 GLJ8772 272.69 070709 100.00.6210 0907 070709 GLJ8772 5.97 070709 620.00.6210 0907 070709 GLJ8772 04 137.98 070709 100.41.6210 0907 070709 GLJ8772 88.27 070709 9070182 510 32 20711 STAPLES BUSINESS ADVANTA 80128556600FFICE SUPPLIES 07/13/09 0 070709 43.99 510.32.6210 0907 070709 GLJ8772 43.99 070709 9070183 100 41 1 STERBENZ, THOMAS PARKS PROGRAM REFUND 07/13/09 0 070709 60.00 100.41.3637 0907 070709 GLJ8772 60.00 070709 9070184 100 02 20820 SWIFT CO INC, JOHN S 25826 JUNE 2009 CITY NEWSLETTER 07/13/09 0 070709 3,232.60 100.02.5330 0907 070709 GLJ8772 3232.60 070709 9070185 510 32 21149 TELEDYNE ISCO INC 895477EQUIPMENT REPAIR PARTS 07/13/09 0 070709 354.31 510.32.5375 0907 070709 GLJ8772 354.31 070709 9070186 100 33 21632 TRAFFIC CONTROL & PROTEC 63973 STREET SIGNS 07/13/09 0 070709 101.60 100.33.6110 0907 070709 GLJ8772 101.60 070709 9070187 510 31 22669 USA BLUEBOOK 839633SUPPLIES 07/13/09 0 070709 151.78 510.31.6110 0907 070709 GLJ8773 151.78 070709 9070188 510 31 22669 USA BLUEBOOK 835738SUPPLIES 07/13/09 0 070709 104.80 510.31.6110 0907 070709 GLJ8773 104.80 070709 9070189 510 31 22669 USA BLUEBOOK 841377SUPPLIES 07/13/09 0 070709 161.30 510.31.6110 0907 070709 GLJ8773 161.30 070709 9070190 510 31 22669 USA BLUEBOOK 744735RETURNED ITEMS 07/13/09 0 070709 197.18- 510.31.6110 0907 070709 GLJ8773 197.18CR 070709 9070191 510 31 22669 USA BLUEBOOK 817707SUPPLIES 07/13/09 0 070709 140.93 510.31.6110 0907 070709 GLJ8773 140.93 070709 9070192 510 32 22669 USA BLUEBOOK 842888SUPPLIES 07/13/09 0 070709 247.69 510.32.5380 0907 070709 GLJ8773 247.69 070709 9070193 100 47 3661 VALLEY VIEW ACRES 5236 PARKS PROGRAM 07/13/09 0 070709 595.00 100.47.5110 0907 070709 GLJ8773 595.00 070709 9070194 100 47 3661 VALLEY VIEW ACRES 5239 PARKS PROGRAM 07/13/09 0 070709 350.00 100.47,5110 0907 070709 GLJ8773 350.00 070709 9070195 100 47 23022 VAN GALDER BUS COMPANY 297767PARKS FIELD TRIP 07/13/09 0 070709 75.00 100.47.5110 0907 070709 GLJ8773 75.00 070709 9070196 510 32 23287 VIKING CHEMICAL COMPANY 191014/59 CHEMICALS 07/13/09 0 070709 957.00 510.32.6110 0907 070709 GLJ8773 2752.00 070709 510.32.6110 0907 070709 GLJ8773 1795.000R 070709 DATE 7/07/2009 02:16 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 7/13/09 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 ----------------------------------------------------------------------------------------------------- 9070197 100 22 24171 WEST PAYMENT CENTER 818489176 IL CRIMINAL LAW PAMPHLETS 07/13/09 O 070709 1,755.00 100.22.5450 0907 070709 GLJ8773 1755.00 070709 9070198 100 33 24173 WEST SIDE TRACTOR SALES W89322VEHICLE REPAIR PARTS 07/13/09 0 070709 366.30 100.33.5370 0907 070709 GLJ8773 366.30 070709 EXPENDED LIQUID ACCRUAL GRAND TOTALS 252,065.71 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 52,924.84 1,066.03 205 PAGEANT FUND 608.00 230 AUDIT EXPENSE FUND 20,000.00 280 DEVELOPER DONATION FUND 34,913.00 440 CAPITAL IMPROVEMENTS FUND 8,000.00 510 WATER/SEWER FUND 47,759.20 580 UTILITY IMPROVEMENTS FUND 85,087.80 920.00 620 INFORMATION TECHNOLOGY FUND 2,073.47 740 RETAINED PERSONNEL ESCROW 699.40 :. 252,065.71 1,986.03 TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: July 13,2009 Regular City Council Meeting RE: Approval of Temporary Signs for the Riverview Theatre Company,Shakespeare in the Park Festival ATTACHMENT: Letter from Angie Kells dated 7/&09 STAFF RECOMMENDATION: To allow temporary signs in accordance with the locations and times specified in this supplement Background A request was received from Angie Kells of the Riverview Theatre Company who is requesting approval to place temporary signs in the right-of-way to advertise their perkrmances of Shakespeare in the Park. The festival begins on July 18 in Veterans Park with additional performances at Petersen Park on July 21-24th and July 26&. The proposed signs are approximately 24"by 19"an a wire frame and an example is shown below. The signs locations proposed are: • N. Richmond Rd.and McCullom Lake Road • Route 120 and Crystal bake Road • Route 120 and Front Royal Drive • Green Street and Charles Miller Road • Crystal Lake Rd and Bull Valley Road The signs would be taken down when the event concludes. Staff has no concerns with the request. The signs are of a relatively low impact and will be up for only a short period of time. ' �'`�� 919 Royal Drive j vemew .. velop Y12 VL McHenry, Illinois60050 815-354-7796-815-759-1932 fax www.dverviewtheatre.org July 6, 2009 The Honorable Sue Low,Mayor of the City of McHenry,and = F( ( Mr. Ryan Schwalenberg,Director of Community and Neighborhood Services r i" City of McHenry 333 S. Green Streetp ' McHenry,IL 60050 RE: Shakespeare in the Park off-site advertising Dear Mayor Low,Mr. Schwalenberg and Members of the City Council, Riverview Theatre Company kindly requests permission to include the usage of yard signs as a form of off-site advertising to our already-approved contract with the city for our Shakespeare in the Park event. Previously we only contracted for the use of banners at the performance location. We used this method of advertising last year,without much success. We'd like to,at this time,increase our advertising with the use of yard signs,much like the Chamber of Commerce and other event planners have used to promote their affairs. The following excerpt from our current press release describes our event in greater detail. Also enclosed is the required asking fee of$175. Riverview Theatre Company is pleased to announce the return of its Shakespeare in the Park Festival this summer in McHenry. For the second year in a row,Riverview will present a live outdoor play. This year's festival selection,Much Ado About Nothing,opens July 18 at Veteran's Memorial Park in McHenry with extended performances on July 21,22,23,24&26 at Petersen Park in McHenry. Show times are 7:30pm for all of the performances except Sunday,July 26 when the curtain times are 1:00pm and 6-00pm. Tickets are$10 general admission and$8 for students and seniors. The festival kicks off with a two hour Elizabethan faire on July 18 from 4:00 to 6:00pm at Veteran's Memorial Park. This family friendly"pre-show"offers a glimpse back in time to the world of Tudor England,costumed performers,dancers,actors,skits and revelry will be showcased. Puppet theatre and lad's crafts,wenches,rogues,and royals will wander the grounds performing the beauty of Shakespeare. Much Ado About Nothing is directed by Sandy Dowty(Wauconda)and Kathy Wandro (Algonquin),Harrison Schneider(McHenry)is the assistant director and Deb Swinford (Johnsburg)the choreographer. William Shakespeare's Much Ado About Nothing is a romantic comedy concerning a pair of young lovers named Claudio and Hero who are due to be married in a week.To pass the time before their wedding day,they conspire with Don Pedro,the prince of Aragon,to trick their friends Beatrice and Benedick into confessing their love for one another.The prince's illegitimate brother Don John,jealous of both Don Pedro's power and his affection for Claudio,plans to sabotage the coming wedding- "There's always something happening at Riverview Theatre Company!" No admission fee will be charged at the July 18 performance at Veteran's Memorial Park, however donations are appreciated. To purchase tickets for the Petersen Park performances, please visit our website at www.riverviewtheatre.org or call 815-354-7796. Tickets are also available at the gate. Only cash or checks will be accepted at the gate. No refunds or exchanges are allowed. There will be no make-up performances in the event of weather cancellations. Riverview Theatre Company,NFP is a 501(c)3 corporation. If more information is required,please contact me at your earliest convenience. I can be reached by phone 815-354-7796 or via email at angie@riverviewtheatre.org. Thank you for your time. Respectfully submitted, Angie Kells Executive Artistic Director Riverview Theatre Company www.riverviewtheatre.org Encl. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 13, 2009 Regular City Council Meeting RE: Request for Class G 1 Liquor License from Burrito City y Mariscos Estilo Nayant, Inc. d/b/a Burrito City and approval of the attached Ordinance increasing the number of Class G 1 liquor licenses from four to five. Maria E. Delgado, President of Burrito City y Mariscos Estilo Nayant, Inc., has requested a Class G 1 liquor license for the Burrito City restaurant located at 4305 West Elm Street. A Class G1 license permits the retail sale of alcoholic beverages at tables only. Ms. Delgado met with the Mayor, she has been fingerprinted, and all associated fees have been paid. Recommendation: It is the recommendation of the Mayor to approve the request for a Class G 1 Liquor License from Burrito City y Mariscos Estilo Nayant, Inc. d/b/a Burrito City conditioned upon a satisfactory fingerprint report and all employees involved in the sale and/or service of alcohol obtain BASSET certification. ORDINANCE NO. MC-09- AN ORDINANCE Increasing number Class G1 Liquor Licenses from 4 to 5 Burrito City BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS, as follows: SECTION 1.Section 4-6(5)of the Municipal Code relating to liquor license classification is hereby amended by increasing the number of Class"G(1)" Liquor Licenses from four to five. SECTION 2.All ordinances,or parts thereof,in conflict with the terms and provisions hereof,be and the same are hereby repealed to the extent of such conflict. SECTION 3.This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4.This ordinance shall be in full force and effect from and after its passage,approval and publication,as provided by law. PASSED and APPROVED this_day of July, 2009. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: July 13,2009 Regular City Council Meeting RE: Temporary Use to allow the outdoor display of ATVs and Jet Slds at 3519 W Elm Street(former Justen funeral home site) ATTACHMENTS: 1. Letter from Jim Potts 2. Location Map 2. Plat of survey STAFF RECOMMENDATION: To approve a temporary use permit for the property at 3519 W. Elm Street to allow the outside display of ATVs and Jet Skis only on July 18`h and 19"with the condition that no food shall be served without obtaining a health permit from the McHenry County Department of Health. Attached is a letter forwarded to the City by the McHenry Area Chamber of Commerce from Jim Potts of Jim Potts Motor Group. Mr. Potts is requesting to display all terrain vehicles (ATVs), motorcycles and jet skis at the former Justen Funeral Home site located at 3519 W. Elm Street in conjunction with the Fiesta Days sidewalk sales. The display will be on Friday, July 17d' from 9:00 a.m. to 9:00 p.m. and Saturday,July 18t'from 8:00 a.m.to 4:00 p.m. Requests such as this typically require a temporary use permit after City Council consideration. Staff does not have a.problem with displaying ATVs and jet skis. However, staff recommends limiting the display to those vehicles so as not to compete with the City's Harley Davidson dealership. Staff supports the request with the condition that the display is limited to ATVs and Jet Skis only and no food shall be served without obtaining a health permit from the McHenry County Department of Health. Motor Group laft eoy111y2#VWgf S;VftS 1033 Wanda Lane Woodstock, IL 60098 1550 Grand Ave. Waukegan, IL 60085 (815) 338-0640 Fax: (815) 338-2795 (847) 623-2004 Fax: (847) 623-2280 Email:jim@jimpotts.com Email:jim@jimpotts.com Website: www.jimpotts.com Website: www.jimpotts.com • July 7 h, 2009 MI L ES Dear Chamber Members, I'm writing to request permission to display my merchandise during this year's McHenry Fiesta Days Sidewalk Sale. I apologize for the last-minute nature of this request, but recent developments now afford me the opportunity to display products at the old Justen Funeral Horne. Mr. Justen has been kind enough to involve me with his display for the event and I wanted to be considerate to the chamber members by formally asking permission. I've been made well aware of your aim to keep this event from turning into a competitive advertising battle and am more than happy to comply with your vision. I'd like to represent my company by only displaying powersports-related products, ' or"toys" as we call them. This means ATVs, Motorcycles and Jet Skis only. I will NOT be bringing cars or advertising Thrifty Auto Sales. Again, I understand your position and will not compete with McHenry car dealers and the chamber members. I feel these toys,properly displayed at the old funeral home,will bring another level of fun and excitement to the Sidewalk Sale. These products are attractive and interactive, and the added attention they receive can only further aid in the success of your event. I want to help bring people to the Fiesta Days,not fight with my fellow business owners and friends. With your permission I'll be able to start - kgo WW, advertising the event in my store and spread the word around Woodstock. I've always enjoyed the Fiesta Days and have taken pride in assisting participants (such as providing transportation for the Bucket Boys); it would be an honor and privilege to be allowed to personally participate. G Once again, I apologize for the timing of this request but feel strongly that the f` benefits far outweigh the inconvenience of deliberations on my behalf. I sincerely thank you for your time and consideration and eagerly await your response. I wish you all the best of luck with the event and I look forward to seeing you at the many festivities. 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Ct E lm $t• F rV m , got d a i�e3 of Z i 10 ' AI County Clerk ' S P I a t S FU to rV y Bit `7-71, 17. f ` Porticos .4. �- P A R C E L c i lot 3 —7 Property I 8 WC, ' Gravel I; r i v e G��a9e � v TO" of waI B" l o t 4 $ ,lJ. Corner 121' I o t 4 i;!a l l 'ems P�1FCF1 " E?" : lot ? , except the E . 331 thereof - 1 .,. ., c i �,S ' thereof ; lot 4 , except �� AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: July 13, 2009,Regular City Council Meeting RE: Sears Outlet Temporary Use Permit Request Taffy Burn is the store manager at the Sears Appliance Outlet located at 1750 Richmond Road in the McHenry Plaza Shopping Center and she is requesting approval of a temporary use permit to allow the outside display of lawn tractors, grills and appliances (see attached letter). The outside display is proposed for three consecutive Saturdays: July 18, 25 and August I"from 8:00 a.m. to 6:00 p.m. A 10 X 15 foot tent would be erected away from the store in the extended parking area and the tent would occupy six parking spaces as depicted on the attached parking plan schematic drawing. A banner sign would be placed on the tent facing Richmond Road but city council approval is not required for the banner sign because it is within the allowable limits of the zoning ordinance. Staff does not have any concerns with this request. There is plenty of existing parking in the center and typically stores such as Sears Outlet display merchandise outside during the warmer months in order to attract more customers to their store. Sears Outlet is running a Super Saturday promotion for the next few weeks. We would like to feature Lawn Tractors, Grills and a few misc. appliances each Saturday under a tent. Each Saturday starting on July 181h through Aug I", Sears Appliance Outlet would like to set up a 10 x 15 Tent (with the use of gravity packs) in front of our store in the parking lot. We would like to place a 12 x 4 banner that states "Sears Outlet Special Sales Event" on the side of the tent that faces the street. The manufacture (Powell & Powell Supply Company) stated that they did not have a certificate to send me on the fire rating but that it was CPAI-84 . The tent is a commercial grade purchased from Cabelas. We will putting up the tent each Saturday morning around 8 am and taking it down by 6pm. Thank You Taffy Brun Store Manager Sears Appliance Outlet 1750 N Richmond Rd McHenry, I160051 815-385-5186 s v s� AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K.Maxeiner,City Administrator FOR: July 13,2009 Regular City Council Meeting RE: Presentation by the Police Department on the Proposed Crime Free Multi-Housing Program Crime Prevention Officer John Adams will be making a presentation to the City Council on a new program proposed by the Police Department called the Crime Free Multi- Housing Program. Crime Free Multi-Housing is designed to assist tenants, owners, and property managers in keeping criminal activity away from their property and consists of education of property managers and owners, a review of property conditions and maintenance, and crime prevention meetings with tenants. Initially,the Department is proposing an optional program in which participation is voluntary. However, once the community becomes Home Rule,the Department would like to pass the ordinances requiring participation in the program for any rental unit. Full implementation of the program provides strict local ordinances dealing with problem properties and provides for expedited evictions for those allowing serious criminal offenses on the premises. A brochure providing some additional background information on the program is attached. While there are currently no communities in McHenry County participating in Crime Free Multi-Housing,there are numerous entities in neighboring counties participating including Round Lake Beach, Palatine, Fox Lake, Elgin, Des Plaines, Carpentersville, and Rockford. Sample ordinances from Carpentersville and Palatine have also been included. Staff is not proposing approval of ordinances at this time but is providing the presentation as an introduction to the Crime Free Multi-Housing as an optional program in McHenry. CRIME FREE MULTI-HOUSING The Crime Free Multi-housing program was designed to assist tenants, owners, and property managers of rental property in keeping drugs and other illegal activity away from their property. It can also be adopted by homeowner's associations to effectively deal with the portions of the associations that are rental units. The program is simple, honest and direct. It is solution oriented and has been proven highly effective if the guidelines it presents are followed. The program uses a unique, three-part approach which ensures the crime prevention goal, while maintaining a tenant-friendly approach. Phase#1: Involves an 8-hour seminar presented by the Police Department. Topics Include: Crime Prevention, benefits of applicant screening, crime free lease addendum, evictions, and pro-active management techniques. Phase#2: CPTED (Crime Prevention Through Environmental Design) certification. CPTED Reviews security requirements necessary for tenant's safety. Phase#3: To obtain full certification, property managers will be required to hold a tenant crime prevention meeting, and will be provided with materials and assistance to publicize the meeting with their tenants. Upon completion, property managers may post signs on their property indicating participation in the Crime Free Multi-Housing Program. Additionally, managers will be granted the use of the CFMH program logo in their brochures and advertisements. BENEFITS: • A stable, more satisfied tenant base • Increased demand for rental units • Lower maintenance and repair costs • Increased property values • Improved personal safety for tenants, landlords and property managers • Peace of mind that comes when spending more time dedicated to routine management, and less time on crisis control i Benefits of the program: THE MCHENRY A stable, more satisfied resi- dent base. CRIME FREE o Increased demand for rental units with a reputation for ac- I MULTI-HOUSING tive management. • Lower maintenance and re- PROGRAM pair costs. • Increased property values. • Improved personal safety for residents, landlords and man- agers. • Peace of mind, that comes from spending more time on City of McHenry .routine management and less Police Department time on crisis control. 333 South Green Street McHenry, IL 60050 Call for a complete listing of 815 1 363-2200 training dates and locations. ! Keeping Illegal Activity AND BEST OF ALL... Out Of Rental Property j THE TRAINING IS FREEM "ILLEGAL ACTIVITY IS NOT A PROTECTED CLASS." WHY CRIME FREE MULTI HOUSING? The McHenry Crime Free Multi- housing Program was designed to Points To Consider The Crime Free Multi-Housing help residents, owners, and the manag- Costs of Drug Activity Program will Teach you... ers of rental property keep drugs and In Rental Property Prevention and Applicant Screening other illegal activity off their property. When drug criminals and other destructive How code compliance p (preparing the residents operate out of rental roe program is honest and direct. It is neighborhoods suffer and landlords a a property) can protect your rights as a This solution oriented. It is designed to be high price. pay landlord. easy, yet very effective in reducing the • Benefits of applicant screening. incident of crime in rental property. That price may include: Tips to strengthen rental agreements. • Decline in property values— particularly when the activity begins affecting the • How to become a proactive property The program utilizes a unique three- reputation of the neighborhood. manager. part approach which ensures the crime Maintaining a fire safe environment. prevention goal; while maintaining an • Property damage arising from abuse, 0 approach which is very resident- retaliation, neglect and police raids. Developing life & safety awareness. friendly. • Fire resulting from manufacturing or Drug Nuisance Abatement growing operations. • Warning signs of drug activity. • Phase One involves an eight-hour • Actions you must take if you discover seminar presented by the police • Civil penalties, including temporary clo- your resident or resident's guests are and fire departments. sure of the property — or even property conducting illegal activities at your prop- . Phase Two will certify that the seizure. erty. rental property has met the security Loss of rent during the eviction and re- • Role of the Police. requirements for the residents' pair periods. . Crisis resolution and the eviction process safety. • In Phase Three, a resident crime • Fear and frustration when dealing with Resource Materials prevention meeting will be con- dangerous and threatening residents. ducted for full certification, and the • 100-page manual with additional com- • Increased resentment and anger be- munity resources for residents, land- managers will be granted the use of tween neighbors and property manag- lords, and property managers. large metal signs for display on the ers. property. The nagement will • A manual addressing fire and life safety also be granted the ause of the pro- The loss of other valued residents. awareness for residents, landlords, and gram logo in all advertisements. property managers. Many other materials will be available at class time. Some Illinois Communities Participating in Crime Free Multi Housing Addison Aurora Carol Stream Carpentersville Des Plaines Elgin Glendale Heights Lansing Mt. Prospect Naperville Niles Oak Forest Orland Park Palatine Park Forest Rockford Rosemont Round Lake Beach Schaumburg Tinley Park Villa Park Wheeling • Currently no communities in McHenry County participate in the program. ORDINANCE NO. 0-12-07 AN ORDINANCE REGARDING THE LICENSING AND OPERATION OF MULTIPLE FAMILY DWELLING UNITS, ROOMING HOUSES AND ANY SINGLE FAMILY RENTAL RESIDENTIAL UNITS Published in pamphlet form by authority of the Mayor and Village Council of the Village of Palatine On February 12, 2007 ORDINANCE NO. 0- 12-07 ORDINANCE REGARDING THE LICENSING AND OPERATION OF MULTIPLE FAMILY DWELLING UNITS, ROOMING HOUSES AND ANY SINGLE FAMILY RENTAL RESIDENTIAL UNITS WHEREAS, the Village of Palatine ("Village") requires persons who rent residential units within the Village secure a license from the Village of Palatine and requires persons who rent residential units within the Village to attend a crime free multi housing seminar; and WHEREAS, it would be in the best interests of the Village and those landlords to have crime free housing; and WHEREAS, exchange of information between landlords and the Palatine Police Department is a good way to reduce the level of crime in rental units. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALATINE: Section 1: Any owner of property, which property is being rented out for residential purposes shall attend and complete a Village of Palatine Crime Free Multi-Housing Program Seminar("Seminar"). The owner, agent or designee of a new rental unit shall attend the Seminar prior to obtaining or being issued a new Village Rental Dwelling License. Any current rental dwelling license holders shall have until the expiration date of the current rental dwelling license to attend the Seminar. Section 2: A property manager shall be considered an agent of the owner. If a new property manager is hired, the new property manager shall have three months after hiring to attend the Village of Palatine's Crime Free Multi-Housing Program Seminar("Seminar"). Section 3: Any owner, agent or designee shall attend the Seminar once every three years, and be compliant with this Ordinance prior to the expiration of a license for that particular year. Section 4: The Crime Free Multi-Housing Coordinator, as designated by the Chief of Police, shall provide the Finance Director and Director of Community Development with a list of owners, agents and/or designees who have attended the Seminar, with the date of attendance and verification that the owner, agent or designee has complied with the Ordinance and is eligible to obtain, maintain or renew the operating license. Section 5: Any owner, agent or designee of residential rental property is required to utilize a crime free lease,addendum or have a clause in the lease similar to a crime free lease addendum for any leases executed. At the Seminar, the Crime Free Multi-Housing Coordinator shall provide, at no cost, _ samples of the crime free lease addendum and shall review any clauses within actual leases with the Village's Legal Department to determine if the clause is similar to the crime free lease addendum. The clause is to make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation. The landlord shall have authority under that clause to initiate an eviction proceeding as specified in the Illinois Compiled Statutes Forcible Entry and Detainer statutes. Proof of criminal violation shall be by a preponderance of the evidence. Section 6: Nuisance Residential Rental Property. It is hereby declared a nuisance and to be declared against the health, peace and comfort of the Village for any property owner, agent, or manager to allow or permit the following: (a) rental of a residential unit or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest, or other party under control of the tenant, to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act or commission of any two or more of any other crimes under the State of Illinois or under the Federal Government not specifically listed above; (b) rental of a residential unit, or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: (1) commission of 4 or more Village ordinance violations in a six month period or an unreasonably high number of calls for police service including, but not limited to, calls that may fall within the descriptions listed above that, when compared to other properties in the Village of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those in the area. Section 7: The Village may seek to enforce this Ordinance by seeking any and all remedies under this Chapter, including the imposition of fines. In addition, the Village Manager may suspend and/or recommend revocation of any license issued hereunder if it appears to his satisfaction from the report of any village officer or village employee making an inspection, or any other available information that the licensee is violating this law or ordinance or any law or ordinance, or is in violation of the nuisance section or his operating in a manner not conducive to the public health, morals or safety. Any suspension of a license pursuant to this Section may be appealed directly to the Mayor and Village Council within 15 days of rendering his decision by the Village Manager. In the event the Village Manager determines that revocation of the license is appropriate, he shall so forward his recommendation to the Mayor and Village Council for their review and determination. Section 8: That this Ordinance shall be in full force and effect, after passage, approval and publication as required by law; however, shall not be effective until April, 2007. AYES: 6 NAYS: 0 ABSENT: 0 PASSED AND APPROVED this 12th day of February , 200 7 Ma r ATTEST: Villag rk ORDINANCE NO. 06-59 AN ORDINANCE AMENDING THE PROVISIONS OF TITLE 5 AND TITLE 8 OF THE CARPENTERSVILLE MUNICIPAL CODE REGARDING RENTALS OF RESIDENTIAL PROPERTIES WITHIN THE VILLAGE WHEREAS, the President and Board of Trustees find it to be in the best interests of the Village to adopt the following amendments relative to rentals of residential properties in the Village. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Carpentersville, Kane County, Illinois, as follows: SECTION A: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.190, "License- Application" is hereby amended by adding new subsections E. and F., which shall read as follows: E. All persons applying for a license to operate a residential rental property shall submit proof that they have successfully completed a mandatory Crime Free Housing Seminar, administered by the Carpentersville Police Department, prior to issuance of the license. The Seminar may be attended after submittal of the application and the license may be issued after successful completion, as provided in Section 5.36.270. F. All persons applying for a license to operate a residential rental property within the Village shall submit an affidavit stating that for all leases commencing after December 31, 2006, they will utilize a crime free lease addendum or have a clause in all leases similar to a crime free lease addendum, as further detailed in Section 5.36.260. SECTION B: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.200, "Inspection Requirements—Temporary certificate license issuance or denial", subsection B is hereby amended in its entirety as follows: B. Upon receipt of a completed application for a license including the payment of all required fees and the scheduling of a required licensing inspection,the code official shall issue a temporary certificate indicating that a license has been duly applied for, and that such license shall be issued or denied after the property has been inspected for compliance with applicable village codes and all other requirements, including completion of a mandatory Crime Free Housing Seminar, have been met or completed. SECTION C: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.200, "Inspection Requirements—Temporary certificate license issuance or denial' subsection F. is hereby amended in its entirety as follows: F. A licensing follow-up inspection will be conducted at the end of the compliance time frame unless arranged for earlier by the applicant. Upon completion of the licensing follow-up inspection of the residential rental property, a license shall be issued if the residential rental property scheduled for inspection meets the requirements of applicable village codes and all other requirements, including completion of a mandatory Crime Free Housing Seminar, have been met or completed. If the code official finds that the requirements of applicable village codes have not been met, a written denial of the license application revoking the temporary certificate and specifying the defects shall be transmitted by regular U.S. mail to the applicant. SECTION D: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.250, "License suspension and revocation." is hereby amended by amending subsections"A." and "B."thereof to read in their entirety as follows: A. Whenever, upon inspection of the licensed residential rental property or through other available information, it is determined by the appropriate officials of the village that conditions or practices exist on the residential rental property which are in violation of the provisions of this or any applicable law or ordinance of the village or that the property is otherwise not being operated in a manner conducive to the public health, morals or safety, the official making the determination shall in writing identify the specific facts of the violations and state what ordinance is being violated and state that unless the ordinance violations are corrected within a reasonable time specified in the notice, the operating license may be suspended or revoked. Notice pursuant to this section shall be sent by mail to the owner and a copy mailed to the occupants at the address of the property or individual dwelling unit found to be in violation. B. The building shall be reinspected by the appropriate village officials at the end of the time allowed for correction of the violation(s) cited. The code official may suspend and/or recommend revocation of any license issued hereunder if it appears to his satisfaction from the report of any village officer or employee following reinspection, or any other available information, that the licensee is in continuing violation of any law or ordinance, or that a nuisance violation pertaining to tenant activity on the premises has or continues to occur(See Section 8.20.040), or that the licensee is operating in a manner not conducive to the public health, morals or safety. SECTION E: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.260, "Violation- Penalty" is hereby renumbered as Section 5.36.280 and new Sections 5.36.260 and 5.32.270 are hereby inserted, to read in their entirety as follows: 5.36.260. Crime Free Lease Addendum: Any owner or property agent entering into leases regarding residential rental property after December 31, 2006, shall utilize a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum. Samples of crime free lease addendums shall be available at no cost from the department of code administration. The department of community development shall review any clauses within actual leases to determine if the clause is similar to the required crime free lease addendum. The clause is to make criminal activity a lease violation and shall specify that criminal activity is not limited to violent criminal activity or drug-related criminal activity engaged in by, facilitated by, or permitted by the tenant, a member of the household, guest or other party under the control of the tenant. The operator or property agent shall have authority under the clause to initiate an eviction proceeding as specified in the Illinois Forcible.Entry and Detainer statutes. Proof of a criminal violation shall be by a preponderance of the evidence. Failure to include a crime free lease addendum or similar approved language may result in suspension or revocation of the license to rent property within the village. 5.36.270. Crime Free Housing Seminar: A. After December 31, 2006, any owner of any residential rental property within the village, or their property agent, shall attend and complete a Village of Carpentersville Crime Free Housing Program Seminar prior to being issued a new or renewed license to rent under this Article. B. In the event a Village of Carpentersville Crime Free Housing Program Seminar is not available prior to obtaining the license to rent, a temporary license may be issued subject to the owner or property agent attending the Program Seminar within three months of issuance of the temporary license. In the event the Seminar is not attended within three months, the temporary license shall be void without any need of further action. After the seminar is attended, a license shall be issued for the balance of the year. C. A property agent shall be considered an agent of the owner. If a new property agent is hired, the new agent shall have three months after hiring to attend the Village of Carpentersville Crime Free Housing Program Seminar. D. An owner, agent or designee shall attend the Village of Carpentersville Crime Free Housing Program Seminar every three years. E. The Crime Free Housing Program Coordinator, as designated by the Chief of Police, shall provide the Department of Code Administration with a list of owners, agents and/or designees who have attended the Village of Carpentersville Crime Free Housing Program Seminar, with the date of attendance and verification that the owner or property agent has complied with this ordinance and is eligible to obtain, maintain or renew the license to rent. SECTION F: The Carpentersville Municipal Code, Title 8, "Health and Safety", Chapter 8, "Nuisances Generally," Section 8.20.040, "Premises" is hereby amended by designating the existing text as subsection A. and adding a new subsection B., to read in its entirety as follows: B. It is hereby declared a nuisance and against the health, peace and comfort of the village for any property owner, property agent or manager to allow or permit the following: 1) rental of a dwelling unit within a residential rental property, or rental of a residential rental property to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, any violation of the Illinois controlled substances act, any violation of the cannabis control act or commission of any two (2) or more of any other crimes under the laws of the State of Illinois or under the laws of the federal government not specifically listed above; or 2) rental of a dwelling unit within a residential rental property, or rental of a residential rental property to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: commission of four(4) or more village ordinance violations in a six (6) month period. SECTION G: Those sections, paragraphs, and provisions of Title 5, of the Village of Carpentersville Municipal Code which are not expressly amended or repealed by this Ordinance are hereby re-enacted, and it is expressly declared to be the intention of this Ordinance not to repeal or amend any portions of the Village of Carpentersville Municipal Code other than those expressly amended or repealed in Section 1 and 2 of this Ordinance. SECTION H: The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof. SECTION I: The provisions of this Ordinance shall be in full force and effect upon its passage, approval and publication, in accordance with law. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Carpentersville, Illinois at a regular meeting thereof held on the 5th day of December 2006. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator FOR: July 13, 2009 Regular City Council Meeting RE: Authorization to: 1) Host CABA World Series Games at Petersen Park Field#2 from July 25 -August 2, 2009; 2)Host the CABA World Series Grand Opening Ceremony at Petersen Park on July 26,2009; 3) Spend up to $12,000 from the Tourism Fund for Various Improvements to Petersen Park Field#2; and, 4) Provide Staff Support For the Event Where Necessary. Background. Staff has been working with representatives of the Continental Amateur Baseball Association (CABA) in preparation for their World Series held in Northern Illinois for the 9U, 11 U, and 15U divisions from July 25a' through August 2 d. The tournament attracts over 65 teams from the United States as well as other countries and provides an influx of visitors for our restaurants and hotels. The fields at the VFW were used extensively for the 9U and 11U games last year and will be hosting a number of games again this year. The improvements recently made to Petersen Park Field #2, however, provide an additional opportunity to not only host games but also the Grand Opening Ceremony on Sunday, July 26d. The Grand Opening Ceremony will include having each participating team in the three divisions of the CABA World Series parade onto the field and recognized by the announcer. Food and souvenir vendors, small amusement rides, a DJ, and a small fireworks display will be part of the ceremony. Total attendance is expected to be between 2,000 and 4,000 people. Event organizers recently provided an evaluation of Field#2 and provided a list of concerns and proposed improvements to address prior to the start of the World Series (attached letter from Bill Vincent to Enrico Heirman). The proposed improvements include the installation of a 12' wide warning track adjacent to the outfield fence, edging of the field, and reconstruction of the pitcher's mound and batters' box as well as a number of other general improvements. The improvements identified will ensure the opportunity for the highest level of play, the safest playing conditions possible, and the best presentation of the field and event. Analysis. The list of improvements proposed for Petersen Field #2 to host the CABA World Series are items that could normally be addressed by Parks Maintenance staff if adequate time is available. However, due to the demands placed on staff for Fiesta Days, the time frame in which the improvements will be required, and the learning curve on how to complete many of these items, it is unlikely that Parks Maintenance Staff could complete the entire list of proposed improvements for the CABA event. As such, staff is requesting authority to authorize the expenditure of up to $12,000 to Bill Vincent of Trout Park Baseball to complete the list of improvements with funding for the improvements coming from the Tourism Fund (Hotel/Motel Tax). The improvements will be made the week prior to the CABA World Series and staff may be able to complete some of the improvements internally to reduce the cost of the project. CABA proved to be a popular event last summer making a big impact on hotels and restaurants in the community. Having the opening ceremonies as well as a number of games in the 15U classification would add to that impact. This type of event is exactly why staff proposed the renovations to the field this past year and strongly supports hosting CABA World Series games and the Grand Opening Ceremony at Petersen Park Field#2. Recommendation. Staff recommends the following: 1) to approve the use of Petersen Park for CABA World Series games with food and souvenir vendors from July 25d' through August 2nd; 2) to approve the use of Petersen Park for the CABA World Series Grand Opening Ceremony and associated events including DJ, small amusement rides, and fireworks on July 26 h; 3) to authorize the expenditure of up to $12,000 from the Tourism Fund to Bill Vincent of Trout Park Baseball for improvements to Petersen Park Field #2; and 4) to authorize staff support where necessary for the event. Attachments: Field Improvement Punch List Proposal 2 TROUT PARK BASEBALL P. 0. BOX 206 ELGIN, ILLINOIS 60121 (847) 919-0831 FAX(847)919-0831 E-MAIL WEBSITE director()troutoarkbaseball.org www.troutparkbaseball.org DATE: 4 July 2009 TO: Enrico Heirman FROM: Bill Vincent/Trout Park Baseball RE: Peterson Park Renovation Pursuant to our meeting on this date at the Peterson Park in McHenry, IL the following are items we discussed having completed prior to the CABA opening ceremonies. Most of these items are of a permanent nature and with the proper maintenance will have a long term effect on both the appearance and the playability of the field. We would also suggest that additional work be done on lips and baseline grass reconfiguration after the season to prepare for next year. This additional work is best done during the months of October and or November allowing sod to go dormant and then come to fruition in the spring. With this in mind, following are bullet points on the items we would recommend to satisfy your immediate needs. 1. Edge all grass lines around the infield and paths leading to plate area. Clean all weeds around dugouts and fencing. 2. Weed control application if needed to reduce weeds and field clover. 3. Install warning track 620 feet by 12 to 15 feet. 4. Fertilize field with granular release with iron for greening 5. Fill all holes and the prior fence line in the outfield. 6. Redo bullpens including both redo mounds and catchers area 7. Rebuild mound and batters box. Level, crown and clay. 8. Rebuild paths from dugouts to batters box. Enlarge and use white screenings. Roll and compact. 9. Redesign path from pitchers mound to batters box. Lip edges currently unsafe for playability. In order to complete the above projects we anticipate that the following materials will be needed: 1. 1 Load of Infield Clay Mix 2. 8 loads of white screenings 3. 1 load of black dirt 4. 1 bag of 50/50 seed 5. 15 bag of green pellets to both disguise field deficiencies yet provide future growth of grass in fall 6. 1 pallet of clay bricks 7. 2 pallets of infield "Turface" (brown) and 1 pallet of red "Turface to highlight the mound and batters box area. We would anticipate that this work could be completed within one week of receipt of the aforementioned materials. Materials could be ordered and received with 2-3 days of approval of this punch list. Based on the work project we would anticipate of crew of 5-6 workers not including the trucking .Not included into this project is a water truck to handle heavy watering and the rolling of the field to level a multitude of field inconsistencies. We have been informed that a 2 ton roller and water truck would be provided to handle this. We could provide these items if necessary including the roller operator if needed. These items are however not included on this punch list. The projected cost for the above to include as specified materials and labor would be $12,000. The warning track is the most costly and time consuming item and is priced at $4,500.00 Based on the dates given we would need to begin work on this project very soon in order to complete by the date of opening ceremonies. We would try to work around currently scheduled games. Should you desire to move forward with this project you can contact me at 847-919-0831. Bill Vincent Trout Park Baseball AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 13, 2009 Regular City Council Meeting RE: IL Route 31/Il Route 120 Intersection Improvement ATTACHMENTS: 1) Local Agency Agreement for Federal Participation 2) Preliminary Engineering Services Agreement for Federal Participation Background. At the July 18, 2005 regular City Council Meeting,the City Council authorized an agreement with SEC Group, Inc. for the Phase I engineering for the improvements to IL Route 31 and IL Route 120. The projects include improvements on Route 120 approximately 1,100 feet west of Route 31 to Green Street as well as improvements on Route 31 from Route 120 to approximately 400 feet south of McCullom Lake Road. The total combined length of improvements is.approximately 3,895 feet or 0.74 miles. An Open House Public Hearing was held at City Hall on December 9, 2008 to discuss the proposed improvements, the project schedule, and to obtain public comments. SEC Group, Inc. has submitted the Phase I engineering report to the Illinois Department of Transportation(IDOT) and anticipates approval by the end of July, 2009. Analysis. The next step in the progression of the project is to begin Phase H engineering. SEC Group, Inc. has submitted an engineering services agreement using the Illinois Department of Transportation's required standard form. The scope of work includes preparation of Phase II contract plans and right of way documents. It is estimated that the contract documents will be prepared to meet a November 2010 letting. As outlined on the attached Local Agency Agreement for Federal Participation form, the entire cost of Phase II engineering in the amount of$617,169.00 is reimbursable to the City from the Federal Highway Administration (FHWA) and the Illinois Department of Transportation(IDOT). Recommendation. Staff requests City Council approval of 1) the Local Agency Agreement for Federal Participation and 2) the Preliminary Engineering Services Agreement with SEC Group, Inc. for Phase II engineering of Route 31/ Route 120 Intersection Improvements in an amount not to exceed$617,168.42. Local Agency State Contract Day Labor Local Contract RR Force Account lllInds=rtmx x of Trata City of McHenry Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 05-00067-00-CH STA Construction Enclineerin Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number D-91-157-06 CMF-0336(035) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA" and the state of Illinois,acting by and through Its Department of Transportation,hereinafter referred to as"STATE". The STATE and LA jolnBy propose to improve the designated location as described below. The Improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as".FHWA". Location Local Name Illinois Route 31 Route FAP 0336 Length Termini Illinois Route 31 at IL Route 120;and Illinois Route 31: McCullom Lake Road to IL Route 120 Current Jurisdiction STATE Existing Structure No N/A Project Description All Phase II Preliminary Engineering required for an intersection improvement Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Particlpating Construction ( ) ( ) ( ) Preliminary Engineering 385,209 ( ) 231,960 ( ) ( BAL ) 617,169 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( } Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 385,209 $ 231,960 $ $ 617,169 *Maximum FHWA(STA)Participation 80%Not to Exceed$385,209.00. "Maximum STATE Participation Not to Exceed$231,960.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs Wit be used in the final division of cost for billing and relmbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing(State Contract Work) METHOD A--Lump Sum(80%of LA Obligation) METHOD B-- Monthlv Payments of METHOD C---LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 5/29/2009 Page 1 of 4 BLR 05310(Rev.05128/09) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA, if required. (2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA,the completed improvement,or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to provide full access to all relevant materials.Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment Upon award of the contract for this improvement,the LA will pay to the STATE,in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement,and will pay to the STATE the remainder of the LA's obligation(Including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)In a lump sum,upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor, material and services necessary to construct the complete project (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer,Room 204,Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LAfraflroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 5/29/2009 Page 2 of 4 BLR 05310(Rev.05128109) (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,local)with commission of any of the offenses enumerated In Item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State,local) terminated for cause or default. (16) To include the certifications,listed in item 15 above and all other certifications required by State statutes,in every contract, including procurement of materials and leases of equipment. (17) . (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 In federal funds,execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement,and the extension,continuation,renewal,amendment or modification of any Federal contract, grant,loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress,in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants,loans and cooperative agreements)and that all subrecipients shall.certify and disclose accordingly. (19) To regulate parking and traffic In accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs,less previous payments, no later than one year from the date of completion of this phase of the Improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the compietion of the audit,but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed Improvement when the plans have been approved by the STATE(and FHWA,if required)and to award a contract for construction of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering,right-of-way,utility work and/or construction work: Printed on 5/29/2009 Page 3 of 4 BLR 05310(Rev.05/28/09) (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings,provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide Independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by USDOT, is Incorporated by reference In this Agreement Upon notification to the recipient of its failure to carry out Its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or In part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et sea.)unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Man (Insert addendum numbers and titles as applicable) The LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED - APPROVED State of Illinois Name Susan E. Low Department of Transportation Title Mayor County Board Chairperson/MayorNuiage Presldent/elc. Gary Hannig,Secretary of Transportation Date Signature By: (Delegate's Signature) Date (Delegate's Name—Printed) TIN Number NOTE: If signature is by an APPOINTED official,a resolution authorizing Christine M.Reed,Director of Highways/Chief Engineer Date said appointed official to execute this agreement is required. Effen J.Schanzie-Haskins,Chief Counsel Date Ann L.Schneider,Director of Finance and Administration Date Printed on 5/29/2009 Page 4 of 4 BLR 05310(Rev.05/28109) Local Agency Consultant City of McHenry L Illinois Department SEC Group, Inc. 0 of Transportation County C 0 Address A N 420 N Front Street Section L S City - - H Project No. A Preliminary Engineering U State CMFJob No.-0 G Services Agreement T i D-91-157-06 E For . A Zip Code 60050 Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address Mr. Doug Maxeiner C T Akram Chaudhry 815-363-2185 Y 815-385-1778 dmaxeiner ci.mchenr .il.us AChaudh sec rou inc.com THIS AGREEMENT is made and entered into this day of I between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Illinois Route 31 at Illinois Route 120 Route FAP 336 Length 9,870' Structure No. N.A. Termini Illinois Route 31 at Illinois Route 120, and Illinois Route 31 from McCullom Lake Road to Illinois Route 120 Description Prepare of contract plans,specifications, estimates and ROW documents for roadway improvements along Illinois Route 120 and Illinois Route 31 . Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 400 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes,and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev.9106) Printed on 6/29/2009 11:53:51 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations,any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER:as described in Exhibit E ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ® Prepare applications for U.S.Army Corps of Engineers Permit, ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment,location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ® Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610(Rev.9/06) Printed on 6/29/2009 11:53:51 AM IL THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%o[DL+R(DL)+OH(DL) + IHDC], or ❑ CPFF= 14.5%[DL+R(DL)+1.4(DL)+IHDC],or ❑ CPFF= 14.5%[(2.3+ R)DL+ IHDC] Where: DL=Direct Labor IHDC = In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans,specifications,estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610(Rev.9/06) Printed on 6/29/2009 11:53:51 AM 3. That all reports, plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE,and their officers,agents and employees from all suits,claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings, plats,surveys, reports, permits,agreements, soils and foundation analysis, provisions,specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership or other entity with twenty-five (25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting.or granting agency within ten (10)days after receiving notice underpart (B)of paragraph (3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610(Rev.9/06) Printed on 6/29/2009 11:53:51 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount SEC Grou , Inc. 36-3456281 $617,168.42 i Sub-Consultants: TIN Number A reement Amount Sub-Consultant Total: Prime Consultant Total: $617,168.42 Total for all Work: $617,168.42 Executed by the LA: City of McHenry (Municipal ityrrownship/County) ATTEST: By: By. Clerk Title: (SEAL) Executed by the ENGINEER: ATTEST: / ( SEC Group, Inc. By: eiLri+C J, By: Chad Pieper Akram Chaudhry Title: Project Manager Title: Principal Page 5 of 7 BLR 05610(Rev.9/06) Printed on 6/29/2009 11:53:51 AM Exhibit A-Preliminary Engineering Route: FAP 336-Illinois Route 120 at Illinois Route 31 *Firm's approved rates on file with IDOT's Local Agency: City of McHenry Bureau of Accounting&Auditing: Section: 05-00067-00-CH Overhead Rate(OH) 155.00% Project: CMF-0336(035) Complexity Factor(R) 0.00 Job No. D-91-157-06 Calendar Days 400 Method of Compensation:, Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3+ R)DL+ IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services b In-House Element of Work Classification Hours Rate Costs(DL) Overhead" Others y Direct Costs Profit Total (IHDC) Pick-up Surveying 80 $30.18 $2,414.40 $3,742.32 $0.00 $22.00 $895.91 $7,074.63 Contract Plans See 2860 $34.14 $97,640.40 $151,342.62 $12,825.00 $598.50 $36,189.32 $298,595.84 Special Provisions and Estimates Exhibit C 137 $42.22 $5,784.14 $8,965.42 $0.00 $0.00 $2,138.69 $16,888.24 Structure Plans 604 $34.14 $20,620.56 $31,961.87 $0.00 $0.00 $7,624.45 $60,206.88 Permitting 104 $35.99 $3,742.96 $5,801.59 $0.00 $0.00 $1,383.96 $10,928.51 Meetings&Coordination 167 $39.90 $6,663.30 $10,328.12 $0.00 $181.50 $2,490.07 $19,662.99 Project Administration&Management 266 $48.64 $12,938.24 $20,054.27 $0.00 $0.00 $4,783.91 $37,776.43 QA/QC 159 $53.50 $8,506.50 $13,185.08 $0.00 $0.00 $3,145.28 $24,836.85 Right of Way Coordinaiton&Analysis 96 $45.50 $4,368.00 $6,770.40 $0.00 $0.00 $1,615.07 $12,753.47 ROW Documents 1250 $29.11 $36,387.50 $56,400.63 $21,040.00 $1,015.00 $13,601.45 $128,444.58 Totals 5723 $199,066.00 $308,552.30 $33,865.00 $1,817.00 $73,868.12 $617,168.42 Page 6 of 7 BLR 05610(Rev.9/06) Printed on6/29/200911:54 AM Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name SEC Group, Inc. Address 420 N Front Street Telephone 815-385-1778 TIN Number 36-3456281 Project Information Local Agency City of McHenry Section Number 06-00067-00-CH Project Number CMF-0336(035) Job Number D-91-157-06 This form is to verify the amount paid to the Sub-'consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Sub-Consultant Total: Prime Consultant Total: $617,168.42 Total for all Work $617,168.42 Completed: Signature and title of Prime Consultant Page 7 of 7 BLR 05610(Rev.9/06) Printed on 6/29/2009 11:53:51 AM 11 o, �t Exhibit C-Phase II Engineering&ROW Documents Route FAU 336-Illinois Route 120 at Illinois Route 31 Average Hourly.Project Rates Section 05-00067-00-CH County McHenry Consultant SEC Group,Inc. Date 05/08/09 Job No. D-91-157-06 PTB/Item Sheet 1 OF 2 Total Project Rates Pick-up Surveying Contract Plans Special Provisions and Payroll Avg Estimates Structure Plans Permitting Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part Avg Part_ Avg Part. Avg Part. Avg Principal $70.00 104 1.82% 1.27 0 0 13 9.49% 6.64 0 0 Associate $58.51 21 0.37% 0.21 0 0 0 0 0 Sr Pro Manager $47.11 782 13.66% 6.44 4 5.00% 2.36 372 13.01% 6.13 1 48 35.04% 16.51 0 16 15.38% 7.25 Sr Structural Eng $58.85 83 1.45% 0.85 0 0 0 24 3.97% 2.34 0 Project Manager $37.64 562 9.82% 1 3.70 0 343 11..99% 4.51 48 35.04% 13.19 139 23.01% 8.66 1 32 30.770/6 11.58 Civil Engineer III $34.80 1238 21.63% 1 7.53 0 858 30.00% 10.44 14 10.22% 3.56 242 40.07% -1-3-9-41 36 34.62% 12.05 Civil Engineer II $29.90 715 12.49% 3.74 0 715 25.00% 7.47 0 0 1 0 Engineering Tech $27.92 786 13.73% 3.83 0 572 20.00% 5.58 0 199 32.95% 9.20 15 14.42% 4.03 Sr Surveyor $37.51 279 4.88% 1.83 12 15.00% 5.63 0 0 0 0 Surveyor III $32.49 598 10.45% 3.39 36 1 45.00% 14.62 0 0 0 0 Surveyor II $21.66 466 8.14% 1.76 28 1 35.00% 7.58 0 0 0 0 Admin $22.78 89 1.56% 0.35 0 0 14 10.22% 2.33 0, 5 4.81% 1.10 TOTALS 1 5723 100% $34.91 80 100% $30.18 2860 100% $34.14 137 100% $42.22 604 100% $34.14 104 100% $35.99 ,=x!nt Exhibit C-Phase II Engineering 8r ROW Documents Route FAU 336-Illinois Route 120 at Illinois Route 31 Average Hourly Project Rates Section 05-00067-00-CH County McHenry Consultant SEC Group,Inc. Date 05/08/09 Job No. D-91-157-06 PTB/Item Sheet 2 OF 2 Project Administration& Right Meetings 8 Coordination QA/OC of Way Coordinaiton& Management Analysis ROW Documents Payroll Avg Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part Avg Principal $70.00 1 8 4.79% 3.35 40 15.04% 10.53 24 15.09% 10.57 19 19.79% 13.85 0 Associate $58.51 1 0 13 4.89% 2.86 8 5.03% 2.94 0 0 Sr Pro'Manager $47.11 1 67 40.12% 18.90 146 54.89% 25.86 95 59.75% 28.15 34 35.42% 16.69 0 Sr Structural En $58.85 1 0 27 10.15% 5.97 32 20.13% 11.84 0 0 Project Manager $37.64 0 0 0 0 0 Civil Engineer III $34.80 50 29.94% 10.42 0 0 38 1 39.58% 13.78 0 Civil Engineer II $29.90 0 0 0 0 0 Engineering Tech $27.92 0 0 0 0 0 ii] Sr Surveyor $37.51 17 10.18% 3.82 0 0 0 250 1 20.00% 7.50 Surveyor III $32.49 1 0 0 0 0 562 44.96% 14.61 Surveyor 11 $21.66 0 0 0 0 438 35.04% 7.59 Admin $22.78 25 14.97% 3.41 40 15.04% 3.43 0 5 5.219/6 1.19 0 TOTALS 167 100% $39.90 266 100% $48.64 159 100% $53.50 96 100% $45.50 1250 100% $29.69 EXHIBIT D PHASE II ENGINEERING DIRECT COSTS AND SERVICES BY OTHERS IL31ATIL120 Surveying In-House Direct Costs Field Visits 4 trips x 10 miles x $0.550 per mile= $22.00 Sub-Total $22.00 Contract Plans In-House Direct Costs Field Checks 2 trips x 10 miles x $0.550 per mile= $11.00 Prefinal Specifications to the City and IDOT 125 pages x 10 copy(ies)x $0.15 per sheet= $187.50 Final Specifications to the City and IDOT 125 pages x 8 copy(ies)x $0.15 per sheet= $150.00 Postage-UPS 10 Package(s)x $25.00 per package = $250.00 Sub-Total $598.50 Services by Others-Printers Preliminary Plans Plans to City -Bond Copies I VxI T' 100 sheets x 2 copy(ies)x $1.35 per sheet= $270.00 Prefinal Plans Plans to City -Bond Copies 11"x17" 162 sheets x 2 copy(ies)x $1.35 per sheet= $437.40 Plans to IDOT-Bond Copies 11"x17" 162 sheets x 8 copy(ies)x $1.35 per sheet= $1,749.60 Plans to Utilities 22"x 34" 162 sheets x 8 copy(ies)x $2.70 per sheet= $3,499.20 Final Plans Final Plans to City-Bond Copies 11"x17" 162 sheets x 2 copy(ies)x $1.35 per sheet= $437.40 Plans to Utilities 22"x 34" 162 sheets x 8 copy(ies)x $2.70 per sheet= $3,499.20 Final Plans to IDOT-Bond Copies 11"x17" 162 sheets x 6 copy(ies)x $1.35 per sheet= $1,312.20 Final Plans to IDOT-Mylar Copies 22"x 34" 162 sheets 1 copy(ies)x $10.00 per sheet= $1,620.00 Sub-Total $12,825.00 Meetings: In-House Direct Costs Meeting(s) with City 3 trips x 10 miles x $0.550 per mile= $16.50 Meeting(s) with IDOT 6 trips x 50 miles x $0.550 per mile= $165.00 Sub-Total $181.50 Right of Way Documents In-House Direct Costs Field Visits 20 trips x 5 miles x $0.550 per mile= $55.00 Preliminary Documents to City-Bond Copies 11"x 17" 50 sheets x 2 copy(ies)x $1.35 per sheet= $135.00 Prefinal Documents to City-Bond Copies 11"x 17" 50 sheets x 2 copy(ies)x $1.35 per sheet= $135.00 Prefinal Documents to IDOT 22"x 34" 50 sheets x 2 copy(ies)x $2.70 per sheet= $270.00 Postage-UPS 4 Package(s)x $15.00 per package = $60.00 Property Pins and Bars 120 Bars x $3.00 per bar = $360.00 Sub-Total $1,015.00 Services by Others-Printers Final Plans Final Documents to City-Bond Copies 22"x 34" 50 sheets x 2 copy(ies)x $2.70 per sheet= $270.00 Final Documents to IDOT-Bond Copies 22"x 34" 50 sheets x 2 copy(ies)x $2.70 per sheet= $270.00 Final Documents to IDOT-Mylar Copies 22".x 34" 50 sheets x 1 copy(ies)x $10.00 per sheet= $500.00 Title Commitments 40 parcels x 1 Commitment $500.00 per parcel= $20,000.00 Sub-Total $21,040.00 Total In-House Direct Costs $1,817.00 Total Services by Others $33,865.00 EXHIBIT E SCOPE OF SERVICES CITY OF MCHENRY ILLINOIS ROUTE 120 AND ILLINOIS ROUTE 31 INTERSECTION IMPROVEMENTS PHASE 11 ENGINEERING&ROW DOCUMENTS Project Understanding The City of McHenry proposes to improve the intersection of Illinois Route 120 at Illinois Route 31 by widening and reconstructing Illinois Route 120 from 5-lanes to 6-lanes and Illinois Route 31 from 3-lanes to 5-lanes. The project limits on Illinois Route 120 are from approximately 1,100 feet west of Illinois Route 31 to Green Street. The project limits on Illinois Route 31 are from Illinois Route 120 to approximately 400 feet south of McCul lom Lake Road. The length of improvements on Illinois Route 120 is 1,355 feet and on Illinois Route 31 is 2,540 feet. The total combined length of improvements is approximately 3,895 feet or 0.74 miles. This project will include three modernized traffic signals at the intersection of Illinois Route 120 and Illinois Route 31, Illinois Route 120 and Green Street, and Illinois Route 120 and Pearl Street. There is an existing bridge that carries Illinois Route 120 over Boone Creek(SN 056-0060). The existing bridge is a single span cast in place concrete deck on PPCI-Beam bridge that accommodates hvo(2) 12 foot lanes in each direction. The following is a general scope of work per section of roadway. • Illinois Route 31: Illinois Route 120 to 400 feet south of McCullom Lake Road Improvements to Illinois Route 31 will consist of a widening and resurfacing to a five-lane section 55 feet edge to edge with new combination concrete curb and gutter,Type B-6.18. The proposed cross section will match the existing five-lane cross section north of Washington Street on Illinois Route 31. The center lane will consist of painted median which will serve as a left turn lane at the intersections. The portion of Illinois Route 31 between Illinois Route 120 and Pearl Street will be reconstructed and widened to 61 feet edge to edge and consist of three(3)-11 foot southbound lanes(a left and two right turn lanes)with a 6 foot barrier median and two(2)-1 l foot northbound lanes. Five foot sidewalks will also be constructed along both sides of the roadway. The proposed roadway pavement will consist of Hot-Mix Asphalt Pavement. A proposed drainage system will replace the existing sewer system. • Illinois Route 120: I,100 West of Illinois Route 31 to Green Street Improvements to Illinois Route .120, west of Illinois Route 31, will consist of roadway reconstruction to provide a roadway section seventy-two(72)feet edge to edge and new Type B- 6.1 8 combination concrete curb and gutter. The proposed cross section will include two(2)-11 foot through lanes in each direction, two (2)-11 foot northbound left turn lanes onto Illinois Route 31 and a 6 foot barrier median. The median will be mountable near the fire station in order to allow the fire trucks to cross Illinois Route 120. Five to seven foot sidewalks will also be constructed along both sides of the roadway. Improvements to Illinois Route 120, east of Illinois Route 31, will consist of roadway reconstruction to provide a roadway section fifty-five(55)foot edge to edge and new type B- City of McHenry FAU 336,FAP 333—IL 31 at IL 120 Intersection Improvements Phase II Engineering NICHE 080611 May 7,2009 Page 2 of 8 6.18 combination concrete curb and gutter. The proposed cross section will include two(2)-11 foot through lanes in each direction and one(1)-11 foot left turn lane at Green Street. Five to seven foot sidewalks will also be constructed along both sides of the roadway. The proposed roadway pavement will consist of Portland Cement Concrete Jointed Pavement. A proposed drainage system will replace the existing sewer system. Right-of-way services are necessary to prepare the required right-of-way documents for the acquisition of new right-of-way and easements along Illinois Route 31 and Illinois Route 120. This scope of work is based upon the current proposed right-of-way (ROW) requirements that were developed in the Phase I Study. The estimated number of parcels noted in the Phase I Study within these limits is 40. Scope of Work SEC will prepare phase Il contracts plans, special provisions, and other related phase II documents as noted in this scope of work for the improvement of the intersection of Illinois Route 31 at Illinois Route 120 as described in this document and as noted in the final phase I documents (Project Development Report(PDR)and Location Drainage Study(LDS). 1) Design Guidelines a) The phase II engineering and contract documents will be developed according to IDOT, and applicable local requirements. These include the following design guidelines and ordinances: i. Bureau of Local Roads(BLR)Manual; ii. Bureau of Design and Environment(BDE)Manual; iii. IDOT Drainage Manual; iv. IDOT Bridge Manual v. Traffic Signal Design Guidelines for IDOT,District 1; vi. Guide Bridge Special Provision for Segmental Concrete Block Retaining Walls; vii. Standard Specifications for: Deck Slab Repair(for removal),Waterproof Membrane System and Hot Mix Asphalt for Bridge Decks;and viii.McHenry County Storm Water Ordinance ix: The bridge design will conform to the recommendations shown in the Bridge Condition Report approved by IDOT,Bureau of Bridges and Structures. 2) Pavement Design Pavement designs, following IDOT State Road requirements, will be developed for the proposed reconstruction and widening sections. These designs will be based on proposed traffic on Illinois Route 31 and Illinois Route 120. It has been assumed that Illinois Route 120 will consist of PCC pavement and Illinois Route 31 will consist of asphalt pavement 3) Suggested Maintenance of Traffic The scope of work was prepared assuming that portions of Illinois Route 120 and Illinois Route 31 City of McHenry FAU 336,FAP 333—1L 31 at 1L 120 Intersection Improvements Phase II Engineering MCHE 080611 May 7,2009 Page 3 of 8 will remain open during construction and require three separate stages of construction. Detailed maintenance of traffic plans will be developed for the entire length of the project. 4) Drainaae The proposed closed drainage system will be designed as presented in the final LDS.The final inlet spacing and the sizing of the related lateral storm sewers will be performed as part of the phase I1 design. 5) Landscaping No specialized or detailed landscape plans will be required. The landscaping improvements will be comprised of restoration of disturbed areas with sod and/or seed only. 6) Lighting No roadway lighting is proposed. 7) Traffic Signals Traffic signal modernizations are proposed for the Illinois Route 31 at Illinois Route 120, Illinois Route 31 at Pearl Street, and Illinois Route 120 at Green Street intersections. Temporary traffic signals and traffic signal interconnect are included in the scope of work. 8) Structural a) SN 056-0060(Illinois 120 over Boone Creek) The existing single span cast in place concrete deck on PPCI-Beam bridge will be widened in- kind to accommodate a 6'wide median,four through lanes and two left turn lanes in accordance with the approved Bridge Condition Report. The widening will be restricted to the north side of the bridge only. No other work on the existing bridge(except for median installation)is included. b) Retaining Walls It has been assumed that no retaining walls requiring structural design will be required. If any retaining walls are necessary, they will be segmental concrete block retaining walls. It is estimated that the typical wall will be no more than three(3)feet high. No structural borings or structural design will be required. (1) The location of these retaining walls will be depicted on the proposed roadway plan and profile sheets and cross-sections. No special retaining walls plan details will be required. (2) These retaining walls will be vendor designed in accordance with the Guide Bridge Special Provision for Segmental Concrete Block Retaining Walls. 9) Geotechnical Services No additional geotechnical services are included in the scope of work. Geotechnical services provided in Phase I engineering will be utilized. 10)Topographic survey Four(4)days of pick-up survey have been included in the scope of work. SEC will also verify and re- establish 6 control points within the project limits. City of McHenry FAU 336,FAP 333—IL 31 at IL 120 Intersection Improvements Phase II Engineering MCHE 080611 May 7,2009 Page 4 of 8 11)Right-of wax a) General i. As of May 2009,as determined in the Phase I Study,the current proposed number of parcels is 40. SEC will prepare plats of highway, parcel plats, and legal descriptions in order to acquire these parcels. ii. SEC will prepare the plats of highway,parcel plats,and legal descriptions in accordance with current IDOT requirements and guidelines. iii. The scope of work does not include any services relating to appraisals,review appraisals or negotiations. This work will be performed by IDOT. b) Plats of Highway and Parcel Plats i. Research-SEC will obtain the necessary information to develop the right-of-way documents. SEC will coordinate with a title company to acquire current title commitments for the 40 subject properties. SEC has included in the budget the cost to acquire 40 title commitments at an estimated cost of$500.00 per title commitment. c) ROW Survey i. Boundary Survey—Boundary survey will be performed on the 40 subject parcels as described in the title commitments Schedule A as required to complete the proposed plat of highways: Preliminary fieldwork will be done using subdivision plats and legal descriptions for subject parcels. ii. Topographic Survey-SEC will survey the existing buildings located on each affected parcel within the project. This information is required on the Plat of Highways. Previous topographic survey performed in 2006 will be verified for use on this project including existing fences and visible evidence of right of way occupation. iii. Right-of-Way Survey-SEC will verify the existing right of way of IL Route 120 and Route 31 from 1 st Avenue south and west along IL Route 120/31 to approximately 300 feet west of Millstream Drive that may be affected by the right of way/easement acquisition. iv. Legal Descriptions-SEC will prepare a legal description for each proposed right-of-way and easement parcel d) Plat of Highways i. SEC will prepare a plat of highways for approximately 2,300 feet of Illinois Route 31 and Illinois Route 120 in McHenry, Illinois. ii. SEC will create legal descriptions for each proposed right of way and easement acquisition. SEC will prepare the plats and legal descriptions per current IDOT standards. iii. The proposed right-of-way acquisitions and easements will be temporarily staked only one- time with wood lath to assist in the appraisal process. The temporary staking will be done per the request of the right-of-way appraiser working on this project. iv. Following acquisition,each proposed right of way parcel will be monumented with 5/8"steel bars or other suitable markers. e) Parcel Plats i. SEC will prepare an individual parcel plat for each affected parcel according to IDOT District I requirements and the current Illinois minimum standards for a boundary survey. ii. Right of way acquisition for this project will be required at a number of locations within the City of McHenry FAU 336,FAP 333—IL 31 at IL 120 Intersection Improvements Phase II Engineering MCHE 080611 May 7,2009 Page 5 of 8 project limits. The development of right-of-way documents and right-of-way acquisition related activities are not included in this scope of work. This work will be covered under a separate contract. The project schedule is based on right-of-way effort occurring in a timely manner. 12) Permits a) The following permits will be required for the project: i. NPDES. This will be placed in the special provisions. ii. ACOE permit for work within Boone Creek. The Joint Application along with required exhibits will be submitted to ACOE for approval and permitting. iii. Any permit fees required for these will be paid by others. 13) Meetings&Coordination a) The following meetings are estimated: i. At IDOT—Local Roads; (1) Kick-off meeting with Local Roads(1); (2) Review IDOT plan comments—preliminary(1); (3) Review]DOT plan comments—pre-final(1); (4) Utility meetings(1); ii. At IDOT—Land Acquisition; (1) Kick-off meeting with Land Acquisition(1); (2) Review IDOT plat comments—pre-final(1); (3) Right-of-way(2); iii. At City of McHenry; (1) Kick-off Meeting(]); (2) Review Plan Comments—pre-final(1). (3) Miscellaneous(3) b) Meeting Requirements: i. SEC will have two(2)representatives at all meetings; ii. SEC will prepare the meeting minutes; iii. A maximum of six(6)hours per meeting have been allotted,including meeting preparation, travel time, and the preparation of the meeting minutes. c) Coordination i. SEC's coordination effort will include: (1) Project related discussions with IDOT,the City of McHenry,and the utility companies. 14) Admiiustration &Management For the duration of this project,this task will involve the management oversight of the project which will include the on-going review of the project execution, work product, document control scope, schedule and budget,contract file management and preparation of monthly progress reports. 15) OA/OC a) Project Work Plan i. Building upon the SEC QA/QC Manual,a project specific Project Work Plan(PWP)will be developed for the project. Project team members will be informed on the project and QA/QC requirements for this project. The PWP will be updated,as needed,throughout the project City of McHenry FAU 336,FAP 333—IL 31 at 1L I20 Intersection Improvements Phase 11 Engineering MCHE 080611 May 7,2009 Page 6 of 8 duration. b) Peer Reviews i. Prior to all milestone submittal to the client, peer reviews will be performed in accordance with the PWP. 16) Project Schedule a) Based on a Notice to Proceed date of August 2009,it is estimated that the contract documents will be prepared to meet a November 2010 letting. It is estimated that the phase II design will take approximately 9 months to complete. 17) Submittals a) During the development of the contract plans and specifications,interim submittals will be made to the City of McHenry and IDOT. Three submittals will occur: preliminary(60%), pre-final (90%),and final(100%). Comments received will be addressed and a disposition of comments will be prepared by SEC. b) Preliminary Submittal(60%) i. The preliminary submittal (60%)will include the following items: (1) Contract Plans (a) Cover Sheet; (b) Index/General Notes/Standards; (c) Summary of Quantities-pay items only(no quantities); (d) Roadway Typical Sections; (e) Suggested Stages of Construction—Plans(50 scale); (f) Roadway Plan and Profile Sheets(50 scale); (g) Drainage and Utility Plan and Profile Sheets(50 scale); (h) Drainage Schedules; (i) Erosion Control Plans(50 scale); 0) Pavement Marking and Restoration Plans(50 scale)(pav't marking only);and (k) Cross-Sections every 50 feet, including driveways,and sidestreets; ii. Two(2) copies of 1 I" x 17" plan sets(paper), will be submitted to the City for review and comment. 22"x 34"plan sets(paper)will also be submitted to utility companies for their review and comment. c) Pre-final submittal(90%) i. The preliminary plans will be revised per comments on the preliminary plans(60%)received from IDOT. ii. The pre-final submittal(90%)will include the following: (1) Contract Plans (a) Cover Sheet; (b) Index/General Notes/Standards; (c) Summary of Quantities; (d) Schedule of Quantities including earthwork table; (e) Roadway Typical Sections; (f) Alignment,Ties,and Benchmarks; (g) Suggested Staging of Construction-Notes; (h) Suggested Staging of Construction—Typical Sections; City of McHenry FAU 336,FAP 333—IL 31 at IL 120 Intersection Improvements Phase 11 Engineering MCHE 080611 May 7,2009 Page 7 of 8 (i) Suggested Staging of Construction—Plans(50 scale); 0) Roadway Removal Plans(50 scale); (k) Proposed Roadway Plan and Profile Plans(50 scale); (1) Drainage and Utility Plan and Profile Plans(50 scale); (m)Drainage Schedules; (n) Structural Plans and Details; (o) Intersection Drainage Plans(20 scale); (p) Erosion Control Plans(50 scale); (q) Pavement Marking and Restoration Plans(50 scale); (r) Permanent Traffic Signal Plans(1 inch=20 feet); (s) Permanent Cable Plan; (t) Mast Arm Sign Sheet; (u) Emergency Vehicle Preemption Sheet; (v) Cross-Sections every 50 feet,including driveways,and sidestreets;and (w)Miscellaneous Details. (x) IDOT Standards (2) Special Provisions (3) Estimate of Time;and (4) Opinion of Probable Construction Cost. iii. The following will be submitted to IDOT for review and comment: (1) Eight(8) 11"x 17"paper copies of the contract plans; (2) Eight(8)copies of the special provisions; (3) One(1)copy of the opinion of probable construction cost; (4) One(1)copy of the estimate of time. iv. The following will be submitted to Utilities for review (1) Eight(8)22"x 24"bond copy of the contract plans. v. The following will be submitted to City of McHenry for review and comment: (1) Two(2) 11"x 17"paper copies of the contract plans; (2) Two(2)copies of the special provisions; (3) One(1)copy of the opinion of probable construction cost; (4) One(1)copy of the estimate of time. vi. Submittals to the City and IDOT will occur concurrently. d) Final submittal(100%) i. The plans will be revised per comments on the pre-final plans(90%)received from IDOT and the City of McHenry. ii. The final submittal(100%)will include the following: (1) Contract Plans (a) Cover Sheet; (b) Index/General Notes/Standards; (c) Summary of Quantities; (d) Schedule of Quantities including earthwork table; (e) Roadway Typical Sections; (f) Alignment,Ties,and Benchmarks; (g) Suggested Staging of Constriction-Notes; (h) Suggested Staging of Construction—Typical Sections; City of McHenry FAU 336,FAP 333—1L 31 at IL 120 Intersection improvements Phase 11 Engineering NICHE 080611 May 7,2009 Page 8 of 8 (i) Suggested Staging of Construction—Plans(50 scale); 0) Roadway Plan and Profile Plans(50 scale); (k) Drainage and Utility Plan and Profile Plans(50 scale); (1) Drainage Schedules; (m)Structural Plans and Details; (n) Intersection Grading Plans(20 scale); (o) Erosion Control Plans(50 scale); (p) Pavement Marking and Restoration Plans(50 scale); (y) Permanent Traffic Signal Plans(I inch=20 feet); (r) Permanent Cable Plan; (s) Mast Arm Sign Sheet; (t) Emergency Vehicle Preemption Sheet; (u) Cross-Sections every 50 feet, including driveways,and sidestreets; and (v) Miscellaneous Details. (w) IDOT Standards (2) Special Provisions (3) Estimate of Time;and (4) Opinion of Probable Construction Cost. iii. The submittal to City of McHenry will include: (1) Two(2) 11"x 17"paper copies of the contract plans; (2) Two(2)paper copies of the special provisions; (3) One(1)copy of the opinion of probable construction cost; (4) One(I)copy of the estimate of time; iv. The submittal to Utilities will include: (1) Eight(8)22"x 24"bond copy of the contract plans; v. The submittal to IDOT will include: (1) One(1)22"x 24"mylar copy of the contract plans; (2) Six(6) 11"x 17"copies of the contract plans; (3) Six(6)copies of the special provisions; (4) Four(4)copies of the opinion of probable construction cost; (5) Four(4)copies of the estimate of time. vi. Submittals to City of McHenry and IDOT will occur concurrently. vii. The project will be placed on a State letting. N Vobs\Smilh120081080611 MCHE IL 31 and U.120 Imersection Phase MUntimstratiWcontractlphese 2 mope of worl_twl_10-11-D8 doc