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Packet - 06/29/2009 - City Council
city of McHenry �2, - 333 South Green Street www.ci.mchenry.il.us McHenry,Illinois 60050-5495 AGENDA Mayor's Office REGULAR CITY COUNCIL MEETING (815) 363-2108 Monday, June 29, 2009, 7:30 PM Fax (815) 363-2119 1. Call to Order Clerk's Office (815)363-2100 2. Roll Call Fax(815)363-2128 3. Pledge of Allegiance Administration (815)363-2108 4. Public Hearing: Comcast Franchise Agreement Fax(815)363-2119 5. Public Hearing: Pre-annexation Agreement, 1910 North Orchard Beach Road Public Works Community 6 Public Input Session: 10 Minute Limitation Development (815)363-2170 7 Consent Agenda: Fax(815)363-2173 A. Temporary closure of Washington Street for Honorary Street Sign Ceremony; Parks and Recreation B. NIPCL Facility Fund Five-year Agreement at $3,000 per year; (815)363-2160 C. City Administrator Employment Agreement Renewal; Fax(815)363-3186 D. Block Parties; E. June 15, 2009 City Council meeting minutes; Police Non-Emergency F. List of Bills. (815)363-2200 Fax(815)363-2149 B. Fence variance, 3508 Washington Street 9. McHenry Elementary Education Foundation 5K Run in Park Ridge Estates subdivision, Mayor September 13, 2009 Susan E.Low 10. Conditional use permit for outside storage in conjunction with a landscape contractor's office, City Clerk 3966 W. Dayton Street Janice C.Jones 11. Conditional use permit to serve alcohol in conjunction with a restaurant, 3425 Pearl Street Treasurer David M.Welter 12. Class A liquor license for Green Pearl Bistro, 3425 Pearl Street and ordinance increasing the Aldermen number of Class A liquors licenses to 26 WARD 1 13. Supplemental Groundwater Protection Ordinance Victor A. Santi 14. Proposal from Water Well Solutions for rehabilitation of Water Well #2 for an amount not to WARD exceed $30,969 Andrew A.Glab 15. Mayor — Statement and Reports WARD 3 Jeffrey A. Schaefer 16. Committee Reports WARD 4 17. Staff Reports Steven C.Murgatroyd 18. Future Agenda Items WARD 5 Richard W.Wimmer 19. Adjournment WARD 6 Posted and Mailed: June 24, 2009 Robert J.Peterson WARD 7 Geri A.Condon PUBLIC HEARING TO: Mayor and City Council FROM: Doug Maxeiner,City Administrator 04- FOR: June 29,2009 Regular City Council Meeting RE: Comcast Franchise Agreement Renewal Background. The ten-year Comcast Franchise Agreement expired this past spring. In preparing for negotiations with Comcast on a new agreement the City Attorney concluded that extended negotiations on a new agreement were pointless since changes in state laws now govern most, if not all, areas previously covered by the agreement. Consequently, a 60-page franchise agreement has been condensed to a three-page document. Notice of the public hearing was published in the Northwest Herald on June 12, 2009 as required by federal law. Analysis. As specified in the attached letter from the City Attorney, the agreement allows Comcast to continue to operate within our right-of-way(ROW) for five years subject to our ROW ordinance included in the Municipal Code. The agreement addresses the franchise fee for the city(5%of gross revenues) and also addresses the public, educational, and government(PEG) channel currently in operation. The agreement does not address service standards since these are now regulated by state law and the municipality cannot implement stricter regulations than that allowable under the state legislation. After the public hearing at which the public can provide comments on the agreement or Comcast's customer service,billing practices, and signal availability,the City Council can consider and vote on the franchise agreement. Recommendations. Staff recommends 1) holding the public hearing on the new franchise agreement with Comcast to receive comments from the public and, 2) upon closure of the public hearing, to approve the attached ordinance authorizing the execution of a renewal franchise agreement with Comcast with the agreement effective June 30, 2009 expiring June 30, 2014. LAW OFFICES ZUKOWSKI,ROGERS,FLOOD &McARDLE 50 VIRGINIA STREET CRYSTAL LAKE,ILLINOIS 60014 (815)459-2050 RUTH A. SCHLOSSBERG FAX(815)459-9057 rschlossberg@zrfmlaw.com www.zrftnlaw.com June 18, 2009 Via E-mail: dmaxeiner(&ci.mchenry.il.us Douglas K. Maxeiner, Administrator CITY OF McHENRY 333 South Green Street McHenry, Illinois 60050 Re: Comcast Franchise Agreement Dear Doug: Enclosed please find a proposed cable television franchise agreement for Comcast. You will note that this franchise agreement is shorter than previous franchise agreements. In light of changes in the last year or two to State law governing cable and video service. providers, including customer service provisions, it is our view that an extended franchise agreement with multiple sections favoring Comcast is not necessary. I am pleased to see that Comcast agreed with our interpretation as they are not asking the City to execute the extended agreement that they had originally proposed. In short, this agreement would grant Comcast the right to continue to operate in your right of way for five years subject to your recently updated and ongoing regulations governing your rights of way. State law now governs customer service standards as well as the provision of free services to government buildings. The franchise fee is for 5% of gross revenues. We have not included audit language, but they have provided language that permits the City and Comcast to compare addresses annually to ensure that franchise fees are paid for all cable users within the City. As with your previous franchise agreement, this version includes the "public, educational, and government (PEG) access" language that requires Comcast to dedicate one channel to PEG programming. We predict that within the next several years there will be ongoing changes in the regulation and structure of the cable and video services industry. This is a fiercely competitive industry with rapidly evolving technology. The world will look very different in the next five years, and the need for this franchise agreement or any others may ultimately be rendered unnecessary by state or federal legislation. Accordingly, in light of the fact that this is only a five-year agreement,the City's financial and operational interests are sufficiently protected. Douglas K.Maxeiner Page 2 June 18,2009 In order to ensure compliance with federal law, we have published notice in the Northwest Herald to the effect that the City will be considering granting this franchise. The public should be given an opportunity to be heard and to comment on this matter at your Board meeting before any vote. Accordingly, it is for this reason that this is styled as a public hearing on your agenda. Comments on customer service, billing practices, and signal availability are appropriate for these hearings under Federal law, although, as a practical matter, we do not expect much, if any, comments from the public. However,please be sure to have a tape recorder on hand,as Federal law requires the production of anscript of such hearings. mcereI , A. Schlos rg RAS:mjn Attachments cc: David W.McArdle(via e-mail)(w/atta.chment) Z:1MfMeHenryCityoflComeast\LMaxeiner CFA Council.doc Draft June 23, 2009 ORDINANCE NO. An Ordinance Authorizing the Execution of a Revised Renewal of the City of McHenry Franchise Agreement with Comcast WHEREAS, the City of McHenry, as Illinois municipal corporation ("City") and Comcast of California/Colorado/Illinois/Indiana/Michigan, LP, the successor in interest and assignee of TCI of Illinois, Inc., ("Comcast") are parties to a franchise agreement that expired on March 2, 2009; and WHEREAS, the City and Comcast have negotiated a new franchise agreement governing their relationship, which agreement is acceptable to both parties; and WHEREAS, the City has given notice to the public of a hearing on Comcast's proposal pursuant to 47 U.S.C. § 546, which notice was published in the Northwest Herald on June 12, 2009; and WHEREAS, the City has held such public hearing pursuant to Federal law; and WHEREAS, the City Council finds that accepting Comcast's proposal is in the best interests of the City and its residents. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The Mayor is hereby authorized to execute the City's franchise agreement with Comcast of Califomia/Colorado/Illinois/Indiana/Michigan, LP, attached hereto as Exhibit A. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Comcast, Page 1 Draft June 23, 2009 Voting Nay: Absent: Abstain: APPROVED: Mayor Susan E. Low (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: Z:U"cHenryCityof(Ordinances IComcastExtend.ord.doc Comcast, Page 2 CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2009, the foregoing Ordinance entitled An Ordinance Authorizing the Execution of a Revised Renewal of the City of McHenry Franchise Agreement with Comcast, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, com- mencing on the day of 2009, and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is en- trusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2009. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN COMCAST OF CALIFORNIA/COLORADO/ILLINOIS/INDIANA/MICHIGAN,LP,AND THE CITY OF McHENRY, ILLINOIS THIS FRANCHISE AGREEMENT (hereinafter, the "Agreement" or "Franchise Agreement") is made between the City of McHenry, Illinois (hereinafter, the "City"), an Illinois municipal corporation and Comcast of California/Colorado/Illinois/Indiana/Michigan, LP (hereinafter, "Grantee"), this_day of , 2009 (the "Effective Date"). The City, having determined that the financial, legal and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable- related needs of the City, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein. This Agreement is entered into by and between the parties under the authority and shall be governed by the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. Sections 521 et seq, and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with Cable Act shall be deemed to be preempted and superseded. Article I—Franchise Hereby Granted a. The City hereby agrees to permit the Grantee to construct, operate and maintain a cable system in the City subject to the terms and provisions of the City's generally applicable ordinances governing the streets and rights of way of the City. b. The City hereby agrees that, provided the Grantee is in compliance with all generally applicable City codes and ordinances, this Franchise Agreement shall be effective through June 30, 2014. Article II—Operations within the City's Rights of Way a. The Grantee hereby agrees to occupy the rights of way in accordance with the terms and provisions of Illinois State law and the City's generally applicable ordinances governing the streets and rights of way of the City including, but not limited to, the provisions of Chapter 21-89, et seq., of the McHenry Municipal Code governing Utilities In Right-Of-Way, as currently in effect and as may be subsequently amended. b. The Grantee shall at all times maintain insurance and shall provide the City with certificates of insurance in accordance with the provisions of Chapter 21-89 et seq., of the McHenry Municipal Code governing Utilities In Right-Of-Way, as currently in effect and as may be subsequently amended. Said certificates of insurance shall name the City and its elected and appointed officers, officials, agents and employees as an additional insureds. Article III—Franchise Fee a. The Grantee shall pay a franchise fee to the City for the privilege of operating in the City's rights of way in a manner consistent with the provisions of the Cable Communications Policy Act of 1984, as now in effect and as may be subsequently amended from time to time. The franchise fee shall be in an amount equal to five percent (5%) of annual Gross Revenues received from the operation of the 1 cable system to provide cable service in the City, and shall be made on a quarterly basis, and shall be due forty-five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee shall be considered paid on the date it is postmarked. The City hereby agrees that the total franchise fee, as interpreted under the Cable Communications Policy Act of 1984, shall not exceed the greater of the percentage of fees any other video service provider, under state authorization or otherwise, providing service in the Franchise Area pays to the City. b. As used in this agreement, gross revenue means the cable service revenue derived by the Grantee from the operation of the cable system in the City's Rights of Way to provide cable services, calculated in accordance with generally accepted accounting principles. Gross revenues shall also include such revenue sources from the provision of cable service as may now exist or hereafter develop from or in connection with the operation of the cable system within the City, provided that such revenues, fees, receipts, or charges may lawfully be included in the gross revenue base for purposes of computing the City's permissible franchise fee under the Cable Communications Policy Act of 1984, as may be amended from time to time. c. The City and Grantee agree that within 60 days of the Effective Date and in accordance with applicable privacy laws, they will exchange in electronic form their respective lists of addresses located within the boundaries of the City in order to ensure that all addresses in the City are included in the Grantee's database for the City. The parties agree to exchange said address lists upon written request, but not more than once annually, during the term of this Franchise Agreement. The City and Grantee agree to exercise good faith efforts to maintain the accuracy of their respective databases. The parties further agree except that in the case of gross negligence, no penalties or interest shall apply to any errors discovered as result of any exchanges of information hereunder. Article IV—Cable Communications Policy Act of 1984 Nothing in this Agreement shall be construed to limit, in any way, the Grantee's rights or responsibilities under the Cable Communication Policy Act of 1984, as amended and the renewal of this Agreement shall be governed by that Act. Article V—Public,Educational and Governmental Access Programming a. The Grantee shall provide capacity for the City's noncommercial public, educational and governmental access ("PEG") programming through one Channel (the "Channel") on the Grantee's Cable System. Unless otherwise agreed to by the City and the Grantee to the extent required by applicable law, the Channel may be carried on the Grantee's digital basic service tier. The City's PEG programming shall be provided consistent with Section 611 of the Cable Act, as amended from time to time. b. The Grantee does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. However, the PEG channel is, and shall be, operated by the City, and the City may at any time allocate or reallocate the usage of the PEG channel among and between different non-commercial uses and Users. c. At such time that the City determines that it wants to establish capacity to allow its residents who subscribe to Grantee's Cable Service to receive PEG access programming originated from Schools and/or City facilities; or at such time that the City determines that it wants to change or upgrade a 2 location from which PEG access programming is originated; the City will give the Grantee written notice detailing the point of origination and the capability sought by the City. The Grantee agrees to submit a cost estimate to implement the City's plan within a reasonable period of time. After an agreement to reimburse the Grantee for its expenditure, the Grantee will implement any necessary system changes within a reasonable period of time. d. Because the City and Grantee agree that a blank or under utilized Access Channel is not in the public interest, in the event the City does not completely program a Channel, Grantee may utilize the Channel for its own purposes. Grantee may program unused time on the Channel subject to reclamation from the City upon no less than sixty(60) days notice. The programming of the Access Channel with text messaging or playback of previously aired programming shall not constitute fallow time. Text messaging containing out of date or expired information for a period of thirty (30) days shall be considered fallow time. A programming schedule that contains playback of previously aired programming that has not been updated for a period of ninety (90) days shall be considered fallow time. Fallow time shall be considered to be a period of time, in excess of six (6) hours, where no community produced programming of any kind can be viewed on an access Channel. Fallow time shall not include periods of time where programming cannot be viewed that are caused by technical difficulties, transition of broadcast media, signal testing, replacement or repair of equipment, or installation or relocation of facilities. IN WITNESS WHEREOF,this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth below: For the City of McHenry, Illinois: For Comcast of California/Colorado/ Illinois/Indiana/Michigan,LP: By By: Its Its: 3 LAW OFFICES ZUKOWSKI,ROGERS, FLOOD & McARDLE 50 VIRGINIA STREET CRYSTAL LAKE, ILLINOIS 60014 GREGORY J.BARRY (815)459-2050 gbarry@zrfmlaw.com Facsimile(815)459-9057 www.zrfmlaw.com June 23, 2009 Northwest Herald Legal Notices Post Office Box 250 Crystal Lake, IL 60039 Dear Ms. Tyne: RE: City of McHenry Please publish the following public notice on Friday, June 12. If you have any questions, please call. Thank you, Very truly yours, GJB:ph Gregory J. Barry Z:IM1McHenryCityof I Comcast.ntc.doc PUBLIC NOTICE Notice is hereby given to the public pursuant to 47 U.S.C. § 546(c)(1) that the Mayor and City Council of the City of McHenry will hold a public hearing to discuss the proposal for a renewed and revised cable franchise agreement recently submitted to the City by Comcast of California/ Colorado/ Illinois/ Indiana/ Michigan, L.P., the successor-in-interest and assignee of TCI of Illinois, Inc. The hearing will be held on Monday, June 29, 2009, at 7:00 p.m. in the McHenry City Hall, 333 Green Street, McHenry IL. The public is invited to attend and take part in the public hearing. Janice C. Jones, Clerk City of McHenry TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 29, 2009 Regular City Council Meeting RE: Request for Connection to Municipal Sanitary Sewer System, 1910 N Orchard Beach Road Applicant: Michael Eckstein ATTACHMENTS: 1. Location Map 2. Pre-Annexation Agreement 3. Letter from Michael Eckstein dated 5/28/09 STAFF RECOMMENDATION: To conduct the public hearing and approve the request for connection subject to execution of the attached pre-annexation agreement. Request A letter was received from Michael Eckstein, owner of 1910 N Orchard Beach Road. He is requesting permission to connect to the City's municipal sanitary sewer system Analysis Staff has no concerns with the request and would support the proposed connection. Sanitary sewer is available to the south along Orchard Beach Road and the Council has permitted these types of requests in the past. With those requests, the City has allowed hook-up upon payment of non-resident fees and has required that the property annex to the City within 90 days of becoming contiguous. The subject property is not presently contiguous to the City. To ensure that the property owners will annex when the property becomes contiguous staff recommends the City enter into a pre-annexation agreement with the owners, a copy of which is attached. Location Map r 4), Ile 00 .1"Alo AR BOR "Q.012 4 Ir T,* 7n -- 012 9 003 zw ---------- Jo Q L.36 0'12 010 -------------- 7c:-005 A, 95.0 16 005 o� "Z, 71;,4 006 HlvS All ------rya _ ---------- MCCULLO LAKE RD. .14 Subject Propertytv'0;,,, ell 7 HEMLOCK " -------------a. LU z V ?" 49 .0rJ4 60 WHENRY 05CHARD BEACH,,, 4P V4 Eckstein Pre-Annexation Agreement This Agreement made and entered into this 29th day of June, 2009 between Michael Eckstein, Ann Eckstein, hereinafter referred to as "OWNER", and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as "CITY'. RECITALS A. The OWNER is the record titleholder to the real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY'. B. The SUBJECT PROPERTY is located on the east side of Orchard Beach Road, and consists of approximately .50 acres. C. The SUBJECT PROPERTY is currently improved, and has electors residing thereon, and is zoned R-1, Single-Family Residential District pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY consists of one contiguous tract of land, all of which is not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and may be annexed to the CITY upon becoming contiguous to the corporate boundaries of the CITY. E. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. F. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq., of the Illinois Municipal Code. G. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. H. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as are required for the CITY to effect the terms of this Agreement. NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and OWNER hereby agree as follows: I. Annexation. Upon the SUBJECT PROPERTY becoming contiguous to the corporate limits of the CITY, the OWNER shall submit a proper petition for annexation and the CITY shall enact an ordinance annexing the SUBJECT PROPERTY and shall file a copy of said ordinance, together with an accurate Plat of Annexation, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. II. Release. OWNER hereby releases the CITY from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. III. Sanitary Sewer Capital Development Fees. Prior to the OWNER connecting to he CITY'S sanitary sewer system, the OWNER must obtain all required permits, including a septic abandonment permit from the McHenry County Health Department, and pay all required permit fees and associated sanitary sewer capital development fees prior to connection. Capital development fees shall be paid at 1.5 times the resident rate. IV. Water Service Upon annexation of the property to the City of McHenry, the owner shall not be obligated to connect to the City's potable water main. However, upon the owner electing to make said connection at a later date, the owner shall pay the then applicable water connection fee and capital development fee at the then current rate. V. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty(20) years from the date of execution hereof and any extended time agreed to by amendment to this agreement. VI. Enforceability. It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgement, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. VII. Waiver. The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. VIII. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes described herein and the ordinance adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER CITY Michael Eckstein Mayor Ann Eckstein Attest: City Clerk Exhibit A Legal Description of the SUBJECT PROPERTY Lot 57 and 58 in Orchard Beach being a L Howe S Subdivision of part of the south half of Section 24 and the Northwest quarter of Section 25, all in Township 45 North, Range 8 east of the third principal meridian, according to the plat thereof recorded April 14, 1894 as Document No 12452 in Book 1 of Plats, page 50, in McHenry County, Illinois. a May 28, 2009 Mr. Ryan Schwalenberg Director of Community and � ` �� Neighborhood Services ,�' � 333 Green Street 1 ON McHenry, IL 60050 Dear Mr. Schwalenberg: Subject: Sanitary Sewer Connection This letter is to serve as a request for consideration and permission to connect to the municipal sanitary sewer system. Currently, our residence, located at 1910 N. Orchard Beach Road, McHenry, is on private well and septic. The septic system is in excess of forty years old and will be in need of replacement in the near future. We would rather put the funds towards connecting to the municipal sewer main stub closest to our residence, which is located just to the South, or if necessary due to capacity constraints, to the stub located to the North. I look forward to working with you on this matter. Your time and consideration is appreciated. I can be reached at 815-403-6668. Sincerely, Michael Eckstein 1910 N. Orchard Beach Road McHenry, IL 60050 CONSENT AGENDA The Consent Agenda for the June 29, 2009 City Council meeting consists of the following items: A. Temporary closure of Washington Street for Honorary Street Sign Ceremony; B. NIPCL Facility Fund Five-year Agreement at $3,000 per year; C. City Administrator Employment Agreement Renewal; D. Block Parties; E. June 15, 2009 City Council meeting minutes; F. List of Bills. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Doug Maxeiner, City Administrator FOR: June 29, 2009 Regular City Council Meeting RE: City Administrator Employment Agreement Renewal Background. Per the City Attorney, the Employment Agreement covering the services of the City Administrator cannot exceed the term of the Mayor. Consequently, the most recent Employment Agreement for the City Administrator position expired April 30, 2009. With the re-election of Mayor Low, a new Employment Agreement can be considered with a four-year term. Analysis. The attached Employment Agreement is a redline version showing new dates and current salary information. The remainder of the agreement remains unchanged from the prior agreement. Recommendations. Staff requests consideration and approval of the revised Employment Agreement for the City Administrator covering the dates of May 1, 2009 to April 30, 2013. EMPLOYMENT AGREEMENT This Employment Agreement("Agreement")is made and entered into this 4-7th 29t'day of NeveII June, 2009, by and between the City of McHenry("Employer") and Douglas K. Maxeiner("Employee"). Recitals A. Employer desires to continue to employ the services of Employee as City Administrator; and B. The terms of this Agreement supersedes in its entirety, the terms of a certain written agreement with the Employee dated September- 1 6, ''W2' ovember 17, 2008; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties. Employer hereby continues to employ Employee as City Administrator of said Employer to perform functions and duties specified in said McHenry City Code and to perform other duties and functions as its City Council shall from time to time assign. 2. Term. This Agreement shall remain in effect from May 1, 2-0092009 until April 30, 20092013 unless terminated earlier by the Employer or Employee. The parties hereto understand that this Agreement must terminate by law on April 30, 2-OW2013, however, both parties have every intention of renewing this Agreement thereafter. 3. Termination and Severance Pay. As provided herein, either party hereto may terminate this Agreement at any time for any reason or no reason at all it being acknowledged that Employee is an at will employee of Employer. . a. In the event the Employer terminates Employee's employment, Employee shall be paid as severance, continued semi-monthly payments for six months thereafter in an amount equal to Employee's then semi-monthly salary prior to separation, less employment taxes usually withheld. During the severance period, the Employee and his dependents shall also remain in the group health plan(medical, dental, vision and wellness) and continue receiving the life insurance benefits provided to the Employee prior to separation. Employee's rights under C.O.B.R.A. shall commence at the end of said six month severance period. In the event Employee is terminated because of an action deemed by a court of law to constitute any illegal act related to his duties hereunder, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. Upon the City Council's determination that grounds for such an illegal act exist, all severance payments may be withheld until a court of law enters an order directing payment to be made hereunder. In addition, in the event Employee obtains employment by another employer while receiving severance payments hereunder, all severance benefits shall terminate upon said reemployment of Employee and it shall be the duty of Employee to notify Employer immediately of the commencement of employment of Employee following separation from Employer. b. The following events shall be deemed, at Employee's option, to be Employer's termination of this Agreement thereby activating the severance payment obligations of Employer: 1) Upon Employer reducing the salary or other financial benefits of Employee in a greater percentage than applicable across-the-board reduction for all employees of Employer; 2) Employer's wrongful refusal to comply with any payment obligations of Employer herein; 3) Employee resigns following instructions or suggestions by the City Council that he resign, which instruction or suggestion is documented by the minutes of a City Council meeting, in that event; or 4) Upon the City Council determining that Employee is permanently disabled or otherwise 2 unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave. C. In the event Employee voluntarily resigns from the City Administrator. position, he shall be entitled to no severance benefits. 4. Salary. a. Employer shall pay Employee for his services rendered pursuant hereto an annual salary of Q'�94$125,863 (Grade 29, Step 10 in the City's Compensation Plan as of May 1, 2009), payable in installments at the same time as the other employees of the Employer are paid. b. This Agreement shall be deemed to automatically be amended to reflect any future salary and/or benefit adjustments that are provided or required by the Employer's Compensation Plan. C. Employer shall review compensation and adjust salary and/or benefits of Employee in such amounts and to such extent as the City Council may annually determine based on a salary review of said Employee. 5. Performance Evaluation. a. The City Council shall review and evaluate the performance of the Employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria maybe added to or deleted from as the City Council may from time to time determine in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. 3 b. The City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of McHenry and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 6. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. 7. Outside Activities. Employee may work in a compensated position teaching or consulting position outside of the Employer so long as the City Council is made aware of such additional activities and the additional activity does not interfere with Employee's job performance for the Employer. 8. - Residency Requirements. Employee shall not be required to live within the corporate boundaries of the City of McHenry. However, Employee shall live within a reasonable distance of the corporate boundaries to be mutually agreed upon by the Employer and Employee. 9. Automobile. Employee shall provide,maintain,repair and insure a vehicle for his official use while performing City business at his own expense, for which he shall receive a monthly car allowance of$400, payable with the first paycheck of each month. 10. Vacation and Sick Leave. A. Employee shall accrue vacation leave and personal time annually. Employee shall accrue 20 days of vacation leave annually(as of May 1, 2008) with periodic adjustments to the accrual rate consistent with the Personnel Policies and 4 Procedures Manual for all employees. Vacation time shall be posted to the Employee's account on his anniversary date (November 11t'). Accrued personal time shall be posted to Employee's account in an amount and manner consistent with the other employees of the Employer. Employee's sick time shall accrue and be credited to his account at the same rate and in the same manner generally as other employees of the Employer. 11. Health and Life Insurance. a. Employer shall pay 100% of the premiums for health, dental, and vision insurance for the Employee and provide a contribution for Employee's dependents in the same manner generally provided to other employees. b. Employer shall purchase and pay the required premiums on a$100,000 term life insurance policy with the beneficiary named by Employee to receive the benefits paid. This policy shall be in effect for the duration of the time the Employee is employed by the Employer. 12. Dues Subscriptions and Professional Develo ment. Employer shall budget for and to pay for: a. professional dues, subscriptions and professional development costs for his continued full participation in the Credentialed Manager program; b. travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the ILCMA Annual Conference, and such other national, regional, state, and local governmental groups and committees thereof which Employee serves as a member; 5 C. travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his/her professional development and for the good of the Employer; and d. up to two memberships plus expenses incurred by Employee of such local civic clubs or organizations chosen by Employee 13. Indemnification. Employer shall defend, save harmless, and indemnify Employee as provided by any City ordinance or any Illinois law and against any lawsuit, claim, demand or other legal action arising out of an alleged act or omission in the performance of Employee's duties as City Administrator. 14. Bonding. a. Employer shall pay the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. b. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall apply retroactive to May 1, 2-00 2009. EMPLOYER: EMPLOYEE: By Susan E. Low, Mayor Douglas K. Maxemer Z:\M\McHem-yCityof\F-mployeeAgmt2008.Maxeiner.doe 6 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 29, 2009 Regular City Council Meeting RE: Street Closure for the Jackson Grabow Honorary Street Sign Dedication Ceremony RECOMMENDATION: To authorize the closure of Washington Street between Park Street and Riverside Drive from 5:45-7:15 p.m. on Thursday July 2nd, for the Jackson Grabow Honorary Street Sign Ceremony On May 11`h of this year the City Council approved an honorary street sign, "Honorary Jackson Grabow Way", for Jackson Grabow who passed away as the result of brain cancer. On Thursday July 2nd at 6:00 p.m. a ceremony is scheduled to be held at Washington Street and Riverside Drive for the installation of the honorary street sign for Jackson Grabow. Mayor Low, members of the City Council and staff who are available, students from McHenry High School and members of the general public will be in attendance. Staff is seeking to have Washington Street between Park Street and Riverside Drive closed between 5:45 and 7:15 p.m. to facilitate the ceremonial activities. A map depicting the proposed street closure is attached. LOCATION MAP ul nfe a fck t jYy k i Y; •pr .. 1 lo. t 8 P 'Fs w r , M 5 1 . w '4f W 1J •p� A, � � I 'a. �• ti 1Y1CNtiKR`1 ..f rl � )on r� � �`z 5 F , ;fix 'V ... ... �' `' �• .� u� _pNq d T Q. for, GINAL 7QW11} : y 1 2 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: June 29, 2009 City Council Meeting RE: Northern Illinois Police Crime Laboratory Facility Fund Agreement Background. After utilizing the Illinois State Police laboratory for several years, the Police Department returned to the Northern Illinois Police Crime Laboratory(NIPCL) in 2003 for quicker evidence processing. At that time,NIPCL was located in vacant space at the Highland Park Village Hall. As the village's space needs grew,NIPCL lost the use of the free space and was required to lease space elsewhere. As such,NIPCL asked for a five-year lease commitment from its members in 2004 to meet the space needs of the lab. McHenry's share of the commitment for the Facility Fund amounted to $3,000 per year. The contribution to the Facility Fund was in addition to the operational costs of approximately$25,000 per year. The five-year agreement to the Northeastern Illinois Regional Crime Laboratory(NIRCL - formerly NIPCL) for the Facility Fund has expired and the lab is requesting a new five- year agreement keeping the lease assessment at the same price($3,000 per year). In May, the City Council authorized payment of$27,306.27 to NIRCL for the annual membership assessment for operations. Analysis. The Police Department remains pleased with the service level provided by NIRCL and requests approval of a new five-year agreement with the lab for the Facility Fund. The five-year agreement enables the lab to commit to the provision of laboratory services without spending vital resources soliciting new members to balance the budget annually. Recommendation. Staff requests approval of the five-year agreement with NIRCL at $3,000 per year for the Facility Fund. This agreement is in addition to the city's contribution of approximately$27,000 per year for operational needs. AGENDA SUPPLEMENT TO: Douglas K. Maxeiner, City Administrator FROM: Thomas J. O'Meara, Chief of Police FOR: January 17, 2005 Regular City Council Meeting RE: Northern Illinois Police Crime Laboratory Agreement Background, In May of 2004, the City Council approved the request of the Police Department for continued membership in the Northern Illinois Police Crime Lab (NIPCL), a multi-jurisdictional laboratory available to member departments for crime scene and evidence processing. The return to NIPCL in 2003 came after having used the Illinois State Police lab for several years. NIPCL offered a quicker turnaround on evidence processing and is equipped to handle all major investigations for its members. The yearly membership amount is currently $25,000. NIPCL has been located inside the Highland Park Police Department for approximately 25 years. However, the city of Highland Park is re-locating their Police Department to a new building. After examining several options, it was determined that Highland Park would not be able to house NIPCL in their new facility. Consequently, NIPCL found a new location in Vernon Hills and signed a 5-year lease on the building. Possession of the building will be obtained this month for renovation work to begin, with the actual move of the lab to occur in early spring. The lease calls for an option to renew.for five (5) additional years. Analysis. NIPCL is asking member departments to contribute to a facility fund to provide for the lease, maintenance, repair or improvement of the new building used by NIPCL. McHenry's commitment is set at $3,000 per year or $15,000 for the five year agreement. In essence, this represents an increase in the membership dues since NIPCL's overhead has now increased. Payment is required by May 10, 2005 but the request is being brought forward now to provide a commitment to NIPCL. Staff is recommending approval of the request in order to maintain the high level of service provide by the lab and ensure the availability of the lab for future needs. Approval of this request signifies a five year commitment to the NIPCL. Recommendation. Staff recommends approval of the agreement with the Northern Illinois Police Crime Laboratory for McHenry's participation in the Facilities Fund at a cost of$3,000 per year or$15,000 for the five year period. Cx�iR��lC� � L�RECM Ctil f, AGREEMENT This Agreement entered into this ( i�' day of 2005 by and between Northern Illinois Police Crime Laboratory an Illinois not-for-profit Corporation (hereinafter referred to as "NIPCL") and /tVV6, ca<ts o(' 14L�a.I0-- a municipal corporation or legally organized county (hereinafter referred to as "Governmental Entity"). WITNESSETH WHEREAS, the Governmental Entity has participated as a member of NIPCL; WHEREAS, NIPCL requires a location to perform the services as required to carry out the duties of the NIPCL; and WHEREAS, NIPCL is required to enter into a lease agreement for a period of at least five (5) years-for a facility. NOW, THEREFORE, in consideration of the mutual covenant, undertakings and obligations hereinafter stated, it is hereby agreed by and between the parties as follows, 1-) That the NIPCL create a Facilities Fund, the exclusive purpose of which will be to handle monies used to lease, maintain, repair, construct or otherwise sustain the physical plant and facility used by the NIPCL 2.) Governmental Entity hereby agrees to pay to NIPCL the sum of Three thousand dollars (S3,000.00) annually payable on or before May I O'h of each year beginning on May 10, 2005 for a period of five (5) years for a total payment of(S 15,000.00). This sum may alternatively be paid in one lump sum payment of Fifteen thousand dollars ($15,000.00) to complete the financial obligation of the governmental entity under this agreement. t 3.) Said Governmental Entity shall be liable for payment of this sum notwithstanding its continued use of NIPCL forensic services. 4.) That this Agreement shall go into effect upon ratification and approval of this Agreement by seventy-five percent (75%) of the population base of the NIPCL member-agencies who are members of NIPCL on January 1, 2004. 5.) That such payment is due on or prior to May 10, 2005 as either a lump sum or an annual payment. 6.) That this Agreement will be reviewed in the fourth year and that renewal will be recommended to the Governmental Entities following the review but no later than ninety(90) days prior to the expiration of the Agreement. 7.) That subject to paragraph 6, this agreement shall be renewed at the beginning of each five (5) year lease period; such renewed agreement to provide for any required adjustment of the facility fee based on the new lease contract. f IN WITNESS THEREOF, the parties have hereunto set their hands and seals as of this _day of 0 200 NORTHERN ILLINOIS POLICE CRIME LABORATORY ATTEST: By: Its Secretary ATTEST: By. 'President - CI k 3 AGREEMENT This Agreement entered into this day of 2009 by and between Northeastern Illinois Regional Crime Laboratory an Illinois Intergovernmental Agency (hereafter referred to as "NIRCL") and the City of McHenry, a municipal corporation or legally organized county(hereinafter referred to as "Governmental Entity"). WITNESSETH WHEREAS,the Governmental Entity has participated as a member of NIRCL; WHEREAS,NIRCL requires a location to perform the services as required to carry out the duties of the NIRCL; and WHEREAS,NIRCL is required to enter into a lease agreement for a period of at least five (5) years for a facility or the period of the lab's lease. The current lease expires in 2010. NOW, THEREFORE, in consideration of the mutual covenant, undertakings and obligations hereinafter stated, it is hereby agreed by and between the parties as follows: 1.) That the NIRCL create a Facilities Fund, the exclusive purpose of which will be to handle monies used to lease, maintain, repair, construct or otherwise sustain the physical plant and facility used by the NIRCL 2.) Governmental Entity hereby agrees to pay to NIRCL the sum of Three Three thousand dollars ($3000.00) annually payable when a Governmental Entity joins the NIRCL either for five years or when the lease expires. This sum may be alternatively paid in one lump sum payment for the duration of the lease to complete the financial obligation of the Governmental Entity under this agreement. 3.) Said Governmental Entity shall be liable for payment of this sum notwithstanding its continued use of NIRCL forensic services. 4.) That this Agreement shall go into effect upon ratification and approval of this Agreement by seventy-five percent(75%) of the population base of the NIRCL member-agencies who are members of the NIRCL on May 1, 2009. 5.) That such payment is due upon joining the NIRCL as either a lump sum or an annual payment. 6.) That this Agreement will be reviewed at the end of the lease. Renewal will be recommended to the Governmental Entities following the review but no later than ninety (90) days prior to the expiration of the Agreement. 7.) That subject to paragraph 6, this Agreement shall be renewed at the beginning of each five (5)year lease period; such renewed Agreement to provide for any required adjustment of the facility fee based on the new lease contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals as of this day of , NORTHEASTERN ILLINOIS REGIONAL CRIME LABORATORY ATTEST: By: Garth Glassburg Chief Robert Jones Its President ATTEST: By: Chief Governmental Official Its Authorized Representative Name of Municipality or Governmental Entity CONSENT AGENDA SUPPLEMENT To: Mayor and City Counci �/ Fm: Deputy Clerk Kunzer `lam' For: June 29, 2009 regularly cheduled City Council Meeting Re: Block Party Request Traditionally, during the summer and fall months, the Clerk's Office receives numerous requests for permission to hold block parties within the City limits. The requests usually entail blocking off streets at specific locations within a particular subdivision. The Public Works Department provides barricades. The Fire Department offers a visit by personnel and/or a fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission must be granted. Following council approval, the Police Department Public Works Department, McHenry Township Fire Protection District and the Applicant are notified in writing of the approval. The following Block Party Request was received and requires Council approval: Saturday August 15t'from 11 a.m. until midnight Tom and Marge Fellberg of 2505 Eisenhower Boulevard are requesting the closure of Eisenhower Boulevard between Tyler Trail and Hillside Lane in Liberty Trails Subdivision. Copy of the request and PIQ map are attached for your edification. /kink Block Party Permit Application Revised 2/09 �T Application submitted by: Tom- MI-7,Q 9e Street Address: ::2- ,J-0 .J 45/ S&Al 6/0 us is R r Date Submitted: s�2a�• NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE OFFICE OF THE CITY CLERK AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY Date of Block Party: &qTc l r-b&,/ P U a 1--1— , 200,2 Hours of Proposed Street Closure: a.m.Y�. until Subdivision Name: Specific Location of Proposed Street Closure ( i.e. from what intersection to what intersection): ��- E►S�/vd/o�u e/; 6kv4D T' i Sf-y N HOL9e 4 from Ty,(,e/2 TR14 i to i/.°,tAS.° Contact Person(s): YY)P-Aq e -Tc3 m l'e-"A e-&q Contact Person(s) Address: �>?,.FQ,0- un rn A kO,C Ae a-A3 eo-y Daytime Phone Number:?/,I'-�2.5g-91,3 4, Evening Phone Number: $/5-3 ?4- -�Q 917 I hereby certify that all persons who will be impacted in my neighborhood by the closure of this street have been notified of same. Signed: Date: ':� /05P UPON COMPLETION,PLEASE UBMIT THIS APPLICATION TO: OFFICE OF THE CITY CLERK 333 SOUTH GREEN STREET MCHENRY IL 60050 OR FAX: 815-363-2173 OR E-MAIL: kkunzer(aci.mchenrv.il.us ----- --------------------------------------------------------------------------------------------------------- OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS STREET DVN f ❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT 11 RATION OFFICE. ❑ APPLICANT J UN 2 2 ,:i`' CITY C# NRv 96 102 vekegy 9 a .6.00ce 6000 90 6 20UNIT 616 o 81191 1 117 11921 w 80 0 �0 11826 ,�12321- n 85 L 34 L80 85 $ ] 1 11200 4440 12249 y A0 �j jg 42 39 85 5d 12 '� p0 13742 }0° to 12744, �+ �J ,,4 pry 12772 w, 3 V 8° 39 1�o O~ ^140 292 Qr9 10 4j 10 r, 1' 39 r iA 14MW _ 140 � 1181067 � Qs '�O� 12015 �� t 136 a$ 191 $ 140 � � �5° 139 • t 40 12�o F 140 Gil �� 112900 a 15013 0, 'x' 5 1"3 30 2 140 $ 111290 pp r� �r 1006 N C) I3 y� 4 11200 � 142 14z 4Q 140 rO 11200 103 55 � " $g1 in 140 S 82 /�4� p 12067 c� '`! 10oW0 93 8 11397 aS'pp 7 r�° 'po °� ' 'Sn ^ 00 99 14072 149~ 11325 (- 143 11200 6 102 iB 149 83 v r 4� 39 tg l� W a107 y�� W to 19 O9 2� 13057 0 �� •� r0�1�1200 1 54 200 �° `` ,� `° �- y e�p�5 °° �'� 3s eo o`�' 11U20'- �e 84 ae Al 0 'rn; L g4 sa 0� �� 13684 o L ` 1 35 r S1? 15650cn 96 4 �' ^D�11397 � � 12352 L• ` ^ 13973 j 13255 ® 11 11 7 fa -4 �9 92` ro^ Sq B l L 0 85 2697 48 (�(j 1 m r 1278 �99 `�14 6 YV �3 �i �Q M 1 o, 14005 ` W $5T 0 113 40 16 3 90 65 '� 06, 32535 117 $0� 3602. 00 o1� '+ M °r 3392 �a 16768 111 89 1880 U512 13471 �85-4495 00 $7��0 s ti $6000 13726 $8C�p0'iO� $7501pq 8000 L 140 113 112 1 9 96 u REGULAR MEETING JUNE 15, 2009 A regular meeting of the McHenry City Council was called to order by Mayor Low at 7:30 p.m. on Monday, June 15, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff 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 There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Glab requested Item A. Ordinance Adopting the FY 2009/2010 Prevailing Rate of Wages be pulled from the Consent Agenda for further consideration. Motion by Glab, seconded by Murgatroyd, to approve the Consent Agenda as amended: B. Ordinance amending Municipal Code Chapter 4,Alcoholic Beverages C. MAYC request for waiver of Petersen Park Beach admission and canoe rental fees for summer program field trips D. Picnic Permits; E. Block Party requests: Nicholas Wirth, Olde Mill Ponds Subdivision, 7/4/09; Jim McClain,Abbey Ridge Subdivision, 7/4/09 F. City Council Meeting Minutes: June 1,2009 regularly scheduled meeting; G. List of As-Needed checks: ALBERTSONS 45.58 BANK OF NEW YORK, THE 21,825.00 FOP UNITS I/II 1,824.00 FOX VALLEY FENCE & SUPPL 2,864.60 ILLINOIS STATE TREASURER 3,260.75 IUOE, LOCAL 150 2,941.77 MCHENRY COUNTY COLLECTOR 16,088.83 MCHENRY CTY CLERK OF THE 20,050.14 MCHENRY FAVORITE SPORT C 77.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 320.00 NORTH SHORE NETTING SYST 22,998.00 POSTMASTER MCHENRY IL 1,224.34 PRE-PAID LEGAL SERVICES 181.30 RIDGEVIEW ELECTRIC INC 4,822.70 SECRETARY OF STATE 10.00 SPAETH, THOMAS 1,110.38 UNITED PARCEL SERVICE 95.33 UNUM 1,685.77 GRAND TOTALS 101,467.82 June 15,2009 Page 2 FUND TOTALS GENERAL FUND 28,299.04 PAGEANT FUND 77.00 DEVELOPER DONATION FUND 32,232.06 DEBT SERVICE-1997A FUND 21,825.00 WATER/SEWER FUND 128.12 UTILITY IMPROVEMENTS FUND 4,822.70 MARINA OPERATIONS FUND 9,702.77 EMPLOYEE INSURANCE FUND 1,110.38 MCHENRY ECONOMIC DEVELOPMENT 10.00 POLICE PENSION FUND 3,260.75 TOTALS 101,467.82 H. List of Bills: ACE HARDWARE, BJORKMAN'S 1,701.77 ACH DIRECT INC 880.00 ACME BRICK & SUPPLY CO 347.40 ADAMS ENTERPRISES INC, R 318.68 ALEXANDER LUMBER CO 199.21 ARAMARK 190.14 ARBOR DAY FOUNDATION 15.00 ARCOA .INDUSTRIES LLC 88.22 AT&T 57.27 B&W CONTROL SYSTEMS INTE 1,531.90 BAILEY, JESSIE 35.00 BANK OF NEW YORK, THE 600.00 BATTERIES PLUS 48.00 BAXTER & WOODMAN 366.15 BEAR CREEK MUSIC 200.00 BEGGS, KEVIN 112.34 BERGGREN, LEE 378.50 BERRYMAN EQUIPMENT COMPA 2,594.44 BEST WAY 24 HOUR TOWING 3.00 BOTTS WELDING & TRUCK SE 38.50 BRENNAN, DAN 2,440.00 BUSS FORD SALES 1,406.63 CAPITAL GAINS INCORPORAT 8,337.00 CARQUEST AUTO PARTS STOR 664.54 CDW GOVERNMENT INC 99.40 CENTEGRA OCCUPATIONAL ME 522.00 CERNY, ANA 160.00 CHICAGO INTERNATIONAL TR 1,206.17 CHRISTIE; BRITTANY 572.00 CINTAS CORPORATION #355 1,259.32 COMCAST CABLE 74.90 COMED 34,943.00 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 183.40 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 1,017.65 CURRAN CONTRACTING COMPA 2,533.48 D'ANGELO NATURAL SPRING 38.75 DAM, CHRISTINA 75.00 DEBOLT, JUSTIN 27.29 DELL MARKETING LP 167.16 DIEDRICH, MOLLY 85.00 DREISILKER ELECTRIC MOTO 1,705.83 DURA WAX COMPANY INC, TH 1,748.90 EAST JORDAN IRON WORKS 154.28 ED'S AUTOMOTIVE/JIM'S MU 115.00 ED'S RENTAL & SALES INC 23.29 ENVIRONMENTAL RESOURCE A 534.27 FAST EDDIES CAR WASH 182.90 FISCHER BROS FRESH 1,401.87 FISHER, MARC 43.98 FOXCROFT MEADOWS INC 780.68 FUTURE LINK OF ILLINOIS 21,165.00 G IMPRESSIONS INC 145.00 June 15,2009 Page 3 GALLAGHER RISK MANAGEMEN 29.00 GITZKE, WILLIAM J 60.00 GOLD MEDAL PRODUCTS 1,204.33 GONZALEZ, HELEN 69.00 GRAINGER 170.79 HACH COMPANY 422.47 HALOGEN SUPPLY COMPANY 3,293.46 HARM'S FARM 30.00 HARRIS, TIMOTHY 409.00 HARRISON & ASSOCIATES IN 1,500.00 HERITAGE-CRYSTAL CLEAN 118.75 HOBSON, BILL 20.00 HOME STATE BANK 3,987.50 HUSTLER SPORT CENTER 72.00 ILEAS 100.00 ILLINOIS RURAL WATER 129.00 INDUSTRIAL SHELVING SYST 468.50 INNOVATIVE PACKAGING INC 6,544.00 INTERSTATE BATTERY SYSTE 11.99 IPRA 20.00 JOHNS TREE SERVICE 475.00 JOHNSON, DAWN 26.46 KALE UNIFORMS INC 185.94 KEN-CO SERVICES 149.50 KIMBALL MIDWEST 606.42 KING, LAURA 8.00 KRUMMET, BILL 450.00 KTD INC 950.19 LANG PONTIAC-CADILLAC-SU 49.31 LEACH ENTERPRISES INC 202.68 LEE AUTO MCHENRY 176.24 LEE PLUMBING 98.00 LIBERTY FLAG & SPECIALTY 324.95 LIFEGUARD STORE INC, THE 107.25 LOEBLICH, JUDY 165.00 LORCH, NANCY 64.16 LRD SYSTEMS & FORMS 412.50 MAD SCIENCE OF MCHENRY C 704.00 MARTIN, DOUG 33.34 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 506.45 MCHENRY ANALYTICAL WATER 882.50 MCHENRY AREA CHAMBER OF 250.00 MCHENRY COMMUNITY HIGH S 506.65 MCHENRY COUNTY COUNCIL O 7,692.34 MCHENRY COUNTY ORTHOPAED 280.00 MCHENRY COUNTY RECORDER 523.00 MCHENRY FIRESTONE 138.49 MCHENRY NAPA 1,113.40 MDC ENVIRONMENTAL SERVIC 8,580.00 MENDEZ LANDSCAPING & BRI 1,810.00 MERKEL, MARISA 11.65 METROPOLITAN INDUSTRIES 1,640.17 MIDCO 2,225.00 MIDWEST HOSE AND FITTING 166.45 MIDWEST METER INC 4,233.46 MINUTEMAN PRESS OF MCH 255.65 NORTHERN ILLINOIS POLICE 120.00 NORTHERN SAFETY CO INC 41.32 NUTOYS LEISURE PRODUCTS 3,555.00 PANERA BREAD 29.90 PC TOOLS LIMITED 805.20 PEPSI-COLA GENL BOT 2,339.16 PERRICONE GARDEN CENTER 1,021.69 PETROLIANCE LLC 6,808.89 PETTIBONE & CO, P F 1,051.62 PETTY, JAYNE 175.00 PIONEER MANUFACTURING CO 25.45 PITTMAN, ERIN 15.00 PLASTINA, DARREN 71.16 PRECISION SERVICE & PART 410.81 June 15,2009 Page 4 QUICK, KATHLEEN 137.61 REGNER, WILLIAM J 28.49 REICHE'S PLUMBING SEWER 125.00 REINDERS INC 336.21 RELIABLE SAND & GRAVEL 679.96 RESERVE ACCOUNT 2,108.93 RICHMOND FISHERIES 900.00 RIDGEVIEW ELECTRIC INC 250.00 RIVERSIDE BAKE SHOP 83.61 ROC CONSTRUCTION SUPPLY 272.66 ROTH, SALLY 81.85 SCHOPEN PEST SOLUTIONS 165.00 SCHUSTER, LAURITA 170.00 SCHWEITZER, BRIAN H 150.00 SEC GROUP INC 67,135.40 SECRETARY OF STATE 6.00 SECRETARY OF STATE/INDEX 10.00 SECURE INTEGRATIONS INC 4,085.40 SHAW SUBURBAN MEDIA 1,088.91 SHUETT, DEBORA 60.00 SOBOTTA, NANCY 59.00 SPRINT 116.67 ST PAULS EPISCOPAL CHURC 746.14 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES BUSINESS ADVANTA 331.23 STONE, TANYA L 69.95 STREET EATS CAFE 184.76 STUBBLEFIELD, VIRIGINA 45.00 TAPCO 740.68 THENNES, MIKE 24.00 TRAFFIC CONTROL & PROTEC 1,085.84 TRITON ELECTRONICS INC 648.00 UNIVERSITY OF ILLINOIS 600.00 VALLEY VIEW ACRES 170.00 VIKING CHEMICAL COMPANY 4,462.00 VILLAGE SQUIRE 30.00 WAGGONER, CAROL A 70.00 WALSH, TAMMY 185.00 WAREHOUSE DIRECT 4,600.00 WASTE MANAGEMENT OF WI P 12,977.78 WIRCH, STEVE 60.00 WIRTZ, PAT 5.87 WOOD, HOLLY 20.33 WORK, AMANDA 50.00 ZAHN, DAN 240.00 GRAND TOTALS 277,376.85 FUND TOTALS GENERAL FUND 119,920.70 PAGEANT FUND 11.65 DEBT SERVICE-1997A FUND 4,587.50 WATER/SEWER FUND 44,075.02 UTILITY IMPROVEMENTS FUND 64,175.40 MARINA OPERATIONS FUND 1,810.00 RISK MANAGEMENT FUND 486.36 INFORMATION TECHNOLOGY FUND 29,212.07 RETAINED PERSONNEL ESCROW 4,761.15 POLICE PENSION FUND 8,337.00 TOTALS 277,376.85 Voting Aye: Santi, G(ab, Schaefer, Murgatroyd, Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. June 15,2009 Page 5 CONSENT AGENDA ITEM A: ORDINANCE ADOPTING RATE OF PREVAILING WAGES FOR 2009/2010 FISCAL YEAR Alderman Glab requested additional information regarding where and how the rate of prevailing wages are established for inclusion in the City's ordinance. City Attorney McArdle responded the wage rates are obtained from the Illinois Department of Labor. The City is required to annually adopt an ordinance establishing the prevailing rate of wages for the City. Motion by Wimmer, seconded by Murgatroyd, to pass an ordinance adopting the rate of prevailing wages for the City of McHenry for the 2009-2010 Fiscal Year. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE TO CORNER SIDE YARD SETBACK REQUIREMENT 5200 GLENBROOK TRAIL Deputy City Administrator Martin stated a request was received from L.J. Marek, resident of 5200 Glenbrook Trail, seeking a variance to allow a fence with a five foot setback in the corner side yard of his property. The subject property has frontage on three sides which makes it difficult for the applicant to construct a fence on his premises, particularly if he follows the required setbacks. Deputy City Administrator Martin noted Staff reviewed the request and supports the variance requested provided the applicant observes the regulations for a vision clearance triangle. Alderman Glab inquired about the utility easement shown on the plat of the property. Deputy City Administrator Martin responded the easement is for the location of existing Commonwealth Edison electric lines. He stated Staff would inform the property owner regarding their responsibilities regarding locating the fence in the utility easement. If the utility needs to perform work on the lines in this area, the fence would have to be removed at the homeowner's expense. Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve a fence variance as requested by L.J. Marek for his property located at 5200 Glenbrook Trail, to allow the construction of a six-foot board on board fence within five feet of the property lines along Glenbrook Trail and Crystal Lake Road, provided: 1. The applicant observes the regulations for a vision clearance triangle at the intersection of Glenbrook Trail and Crystal Lake Road; and 2. Staff informs the applicant of his responsibilities regarding fence removal in utility easement if required by the utility. Voting Aye: Santi,Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. June 15,2009 Page 6 REQUEST FOR TEMPORARY USE PERMIT TO HOST JEWELRY/COLLECTIBLES SHOW AT THE HAMPTON INN, 1555 SOUTH ROUTE 31 Deputy City Administrator Martin stated Crescent Jewelers is seeking permission to hold a one-day jewelry/collectible buying show at the Hampton Inn located at 1555 South Route 31 on Monday,June 29, 2009 between the hours of 10 a.m. and 7 p.m. A similar buying show was conducted in March. Staff noted there were no issues with the March show and supports granting a temporary use permit to allow the show on June 29, 2009. Alderman Glab opined there is not enough parking on the premises to accommodate the buying show. Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve a temporary use permit for a one day jewelry/collectible buying show to be held by Crescent Jewelers at the Hampton Inn, located at 1555 South Route 31, on Monday, June 29, 2009 between the hours of 10 a.m. and 7 p.m. as presented. Voting Aye: Santi, Glab,Schaefer, Murgatroyd,Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. LANDMARK COMMISSION REQUEST FOR: 1. SPECIAL USE PERMIT FOR "A DAY AT PETERSEN FARM" EVENT ON SUNDAY, JUNE 28, 2009: 2. PERMIT TO POST TEMPORARY ADVERTISING SIGNS FOR THE EVENT: 3. CITY SUPPORT SERVICES FORTH E EVENT In attendance was Landmark Commission Chairman Patrick Wirtz. Assistant City Administrator Hobson stated the City's Landmark Commission is seeking a special use permit to host "A Day at Petersen Farm" on Sunday, June 28, 2009 between the hours of 10 a.m. and 4 p.m. In conjunction with the event, the Commission is also seeking a permit to allow temporary advertising signs,as well as City support services. Assistant City Administrator Hobson noted attendees would park in the hayfield south of McCullom Lake Road and cross to/from the event at a point that would be staffed by a Community Service Officer from the Police Department. In addition to policing services, the event would require park maintenance staff to prepare for and clean up after the event. Staff has reviewed the request and supports the special use permit, temporary advertising signs and City support services as presented. Chairman Wirtz noted the event is a good family event and requested Council support. June 15,2009 Page 7 Alderman Glab inquired as to the hours of City Staff support. Assistant City Administrator Hobson responded approximately seven hours of Community Service Officer support and 4-6 hours of parks maintenance would be required. Mayor Low expressed the City's appreciation for all of the efforts of the City's Landmark Commission. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation submitted by the City's Landmark Commission as presented for: 1. Special Use Permit for a "A Day at Petersen Farm"event on Sunday,June 28, 2009; 2. Permit to post temporary advertising signs for the event; 3. City support services for the event. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM FAMILY FUN CIRCUS FOR: 1. SPECIAL USE PERMIT TO HOST CIRCUS AT PETERSEN PARK ON JUNE 27 AND 28,2009: 2. VARIANCE FROM MUNICIPAL CODE CHAPTER 16, SECTION 16-25 TO ALLOW OVERNIGHT STAY IN THE PARK ON JUNE 27, 2009 Assistant City Administrator Hobson stated a request was received from Family Fun Circus for a special use permit to allow a small circus at Petersen Park on June 27 and June 28, 2009. Although the circus would be held on the same day as "A Day at Petersen Farm", Staff believes there would be plenty of parking to host both events. The events would likely complement each other and thereby increase attendance at both events. Assistant City Administrator Hobson noted the request also includes a variance from the Municipal Code, Chapter 16, Section 16-25, which prohibits overnight stays in City parks. The applicant is seeking permission to stay on premises on June 27, 2009, which would allow oversight of equipment and animals during off-hours. Staff has reviewed the request and supports the request to host the event as submitted. Alderman Murgatroyd inquired if the circus has local credentials. Assistant City Administrator Hobson responded the circus and its employees would be subject to a background check prior to approval being granted,as required by the Municipal Code. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to approve the request submitted by Family Fun Circus for the following as presented: 1. Special Use Permit to host a Circus at Petersen Park on June 27 and June 28, 2009; 2. Variance from Municipal Code Chapter 16, Section 16-25 to allow overnight stay in the park on June 27, 2009; June 15,2009 Page 8 subject to satisfactory results from background checks of all Family Fun Circus employees and associates. Voting Aye: Santi,Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7, ARTICLE XI, FENCES Deputy City Administrator Martin stated the Community Development Committee recently reviewed the City's fence regulations contained in Chapter 7 of the Municipal Code. Specifically,two issues were addressed: 1. If there is a dead or dying tree which could potentially damage a fence, the tree should be required to be removed;and 2. If a property owner is replacing a section of fencing due to damage and/or disrepair, the new fence section should be compatible/consistent with the fence sections on either side of the repair/replacement. Deputy City Administrator Martin noted the first issue raised is already covered in the Municipal Code, Chapter 24, Section 24-19 which allows the City to remove or cause to be removed "any dead or diseased tree on private property within the City when such trees constitute a hazard to life or property". With regard to the second issue, the Committee has submitted the following amendments (in bold) to Chapter 7, Section 7-146 for Council consideration: "It shall be unlawful for the owner, occupant or person in custody of any premises in the City, having a fence thereon,to permit such fence in a state or condition of any such disrepair which is liable to cause injury to any person or to property, or which is liable to collapse, or which encroaches upon or leans upon the premises of another. If one or more sections of a fence and/or post(s)are removed because of damage,disrepair or otherwise,the section(s)and/or post(s) must be replaced with a fence similar in style,appearance and height consistent with the fencing immediately adjacent to,on either side of, the piece being replaced so as to have a consistent line of fence". Deputy City Administrator Martin stated if Council concurs with the Committee recommendation, an ordinance has been prepared to adopt the amendments as presented. Alderman Condon stated she is glad the City is making the efforto maintain fencing aesthetics consistently throughout the City. Motion by Condon, seconded by Glab, to accept the recommendation of the Community Development Committee, to pass an ordinance amending the McHenry Municipal Code Chapter 7,Section 7-146 relating to fence regulations as presented. June 15,2009 Page 9 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CORE-DOWNTOWN SUB-AREA PLAN Deputy City Administrator Martin stated over the past few months the Community Development Committee has been preparing and developing the Core-Downtown Sub-Area Plan. Following multiple forms of public input and participation as well as Staff analysis, the first draft of the document is complete and ready for Council direction. Typically, Council would direct Staff to forward the document to the City's Planning and Zoning Commission for consideration at a Public Hearing. Alderman Murgatroyd stated he does not agree with all aspects of the Plan, but noted it is a good working document. He stated he is interested to see what develops at the Public Hearing before the Planning and Zoning Commission. Alderman Condon stated the Plan is a working document and provides a vision for developers to acknowledge what the City is looking for as the areas within the Plan are redeveloped. Mayor Low recognized Greg Lofgren of 3005 West Clover Avenue, who addressed Council regarding his opinion of the draft Plan. Mr. Lofgren stated he objects to the words, "historic charm". He opined the City needs to keep things historic. Mayor Low recognized Nancy Fike of 3914 West Virginia Street,who addressed Council inquiring who put the Plan together. She also inquired if the Plan was available for public review. Deputy City Administrator Martin responded the Community Development Committee and Staff, along with public input, created the draft Plan. He noted the Plan is available for public review. Alderman Condon stated two Open House events were presented and a survey was submitted. The Plan is a vision. Each of the Sub-Area Plans has included Open Houses for {public input. She also noted Community Development Committee meetings are posted and open for the public to attend. Motion by Santi, seconded by Wimmer, to accept the recommendation of the Community Development Committee,to direct Staff to prepare for a Public Hearing before the Planning and Zoning Commission for consideration of the draft Core-Downtown Sub-Area Plan as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. June 15,2009 Page 10 MAYOR STATEMENT AND REPORT Mayor Low thanked the McHenry Kiwanis Club for a wonderful event on Saturday, the Annual All-American Soap Box Derby. She acknowledged the Derby is a good community event. COMMITTEE REPORTS There were no Committee Reports STAFF REPORTS Assistant City Administrator Hobson reported the Miss McHenry Pageant is scheduled for Saturday, June 20, 2009. Doors open at 6:30 p.m. at West Campus High School. The Day at Petersen Farm is scheduled for June 28t" at the Petersen Farm Homestead grounds. FUTURE AGENDA ITEMS Alderman Glab stated he would like to discuss extraordinary cut-backs of Public Works personnel. He suggested Staff schedule a Public Works Committee meeting to discuss some weed cutting that needs to be done. Alderman Glab suggested the City send a letter to West Campus High School to address their responsibility about maintaining not only the grass on their property but also the drainage ditch. EXECUTIVE SESSION: LITIGATION Motion by Wimmer, seconded by Schaefer, to go into Executive Session to discuss litigation at 8:11 p.m. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:17 p.m. Motion by Wimmer, seconded by Santi,to go back into Open Session at 8:26 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:26 p.m. June 15,2009 Page 11 OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken in Open Session regarding matters discussed in Executive Session. ADJOURNMENT Motion by Wimmer, seconded by Condon,to adjourn the meeting at 8:27 p.m. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:27 p.m. Mayor City Clerk DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 6/29/09 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 --------------------------------------------------------------------------------------------- 9060640 100 XXXKX 1101 ACRES GROUP 72173 MOWING SERVICES 06/29/09 0 062209 7,486.68 100.41.5110 0906 062209 GLJ8694 5300.00 062209 100.33.5110 0906 062209 GLJ8694 2186.68 062209 9060641 510 XXXXX 1101 ACRES GROUP 72173 MOWING SERVICES 06/29/09 0 062209 3,833.32 . 510.32.5110 0906 062209 GLJ8694 1766.64 062209 510.31.5110 0906 062209 GLJ8694 2066.68 062209 9060770 100 33 1108 ADAMS ENTERPRISES INC, R 411271VEHICLE SUPPLIES 06/29/09 0 062409 27.08 100.33.5370 0906 062409 GLJ8706 27.08 062409 9060771 100 33 1108 ADAMS ENTERPRISES INC, R 411254SUPPLIES 06/29/09 O 062409 119.18 100.33.6110 0906 062409 GLJ8706 119.18 062409 9060772 100. 45 1108 ADAMS ENTERPRISES INC, R 411734VEHICLE REPAIR PARTS 06/29/09 0 062409 52.00 100.45.5370 0906 062409 GLJ8706 52.00 062409 9060642 100 33 1251 AGS REBUILDERS 1336 VEHICLE REPAIRS 06/29/09 O 062209 159.00 100.33.5370 0906 062209 GLJ8694 159.00 062209 9060643 100 41 1251 AGS REBUILDERS 1357 VEHICLE REPAIRS 06/29/09 0 062209 129.00 100.41.5370 0906 062209 GLJ8694 129.00 062209 9060632 100 47 1421 AMELIO, ROBERT 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 188.00 100.47.5110 0906 062209 GLJ8694 188.00 062209 9060644 100 47 1497 ANDERSON, LORI 4/21-6/9 PARKS PROGRAM INSTRUCTOR 06/29/09 O 062209 290.63 100.47.5110 0906 062209 GLJ8694 290.63 062209 9060773 100 33 1632 ARAMARK 12447668_ EMPLOYEE UNIFORMS 06/29/09 0 062409 287.89 MEYER 100.33.4510 0906 062409 GLJ8706 287.89 062409 9060774 510 31 1632 ARAMARK 12519502 EMPLOYEE UNIFORMS 06/29/09 0 062409 227.93 SASAK 510.31.4510 0906 062409 GLJ8706 227.93 062409 9060775 100 45 1632 ARAMARK 12487804 EMPLOYEE UNIFORMS 06/29/09 0 062409 75.34 FRIEDLE 100.45.4510 0906 062409 GLJ8706 75.34 062409 9061046 100 XXXXX 1450 AT&T MAY/JUNE09ALARM CIRCUITS 06/29/09 0 062409 1,190.61 100,22.5320 0906 062409 GLJ8708 732.52 062409 100.43.5320 0906 062409 GLJ8708 111.24 062409 100.45.5320 0906 062409 GLJ8708 346.85 062409 9061047 510 XXXXX 1450 AT&T MAY/JUNE09ALARM CIRCUITS 06/29/09 0 062409 453.66 510.31.5320 0906 062409 GLJ8708 83.01 062409 510.32.5320 0906 062409 GLJ8708 370.65 062409 9061048 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 06/29/09 0 062409 63.76 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.01.5320 0906 062409 GLJ8708 57.06 062409 100.22.5320 0906 062409 GLJ8708 4.71 062409 100.30.5320 0906 062409 GLJ8708 ,18 062409 100.33.5320 0906 062409 GLJ8708 1.49 062409 100.41.5320 0906 062409 GLJ8708 .15 062409 100.42.5320 0906 062409 GLJ8708 .03 062409 100.45.5320 0906 062409 GLJ8708 .14 062409 9061049 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 06/29/09 0 062409 2.74 510.31.5320 0906 062409 GLJ8708 1.52 062409 510.32.5320 0906 062409 GLJ8708 1.22 062409 9061050 100 01 1452 AT&T LONG DISTANCE 857237047 LONG DISTANCE PHONE SERVICE 06/29/09 0 062409 .55 100.01.5320 0906 062409 GLJ8708 .55 062409 9061051 100 33 1739 AUTO TRUCK GROUP 388384VEHICLE REPAIR PARTS 06/29/09 0 062409 176.26 100.33.5370 0906 062409 GLJ8708 176.26 062409 9060646 300 00 2021 BANK OF NEW YORK, THE 114955BOND CALL FEE 06/29/09 0 062209 300.00 300.00.7300 0906 062209 GLJ8694 300.00 062209 9061052 300 00 2021 BANK OF NEW YORK, THE 116467PAYING AGENT & REGISTRAR FEE 06/29/09 0 062409 225.00 300.00.7300 0906 062409 GLJ8708 225.00 062409 9060645 100 01 6289 BANKCARD SERVICES 5/19/09 ICSC CONFERENCE DISPLAY 06/29/09 0 062209 207.09 100.01.5430 0906 062209 GLJ8694 207.09 062209 9060690 100 47 2137 BECKER, CASSANDRA L 4/1-6/10 PARKS PROGRAM INSTRUCTOR 06/29/09 0 062309 193.75 100.47.5110 0906 062309 GLJ8699 193.75 062309 9060633 100 47 2148 BENTZ, DONALD J 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 229.50 100.47.5110 0906 062209 GLJ8694 229.50 062209 9060647 100 41 1 BETANCOURT, DANIELLE PARKS PROGRAM REFUNDS 06/29/09 0 062209 1,094.00 100.41.3636 0906 062209 GLJ8694 1094.00 062209 9060634 100 47 2637 BREMER, CURTIS H 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 208.00 100.47.5110 0906 062209 GLJ8694 208.00 062209 9060648 100 03 2636 BRENNAN, DAN 6/10/09 MOWING SERVICES 06/29/09 0 062209 600.00 100.03.5110 0906 062209 GLJ8694 600.00 062209 9060649 100 03 2636 BRENNAN, DAN 6/17/09 MOWING SERVICES 06/29/09 0 062209 690.00 100.03.5110 0906 062209 GLJ8694 690.00 062209 9060650 100 03 2636 BRENNAN, DAN 6/18/09 MOWING SERVICES 06/29/09 0 062209 350.00 100.03.5110 0906 062209 GLJ8694 350.00 062209 9060651 100 22 2765 BUSS FORD SALES 32977 VEHICLE REPAIR PARTS 06/29/09 0 062209 22.08 100.22.5370 0906 062209 GLJ8694 22.08 062209 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 6/29/09 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 --------- -------------------------------------------------------------------------------------------------------------------------- 9060652 100 22 2765 BUSS FORD SALES 32919 VEHICLE REPAIR PARTS 06/29/09 0 062209 12.10 100.22.5370 0906 062209 GLJ8694 12.10 062209 . 9061053 100 22 2998 CARDIAC CARE SERVICES IN 3785 AED SUPPLIES 06/29/09 0 062409 238.95 100.22.6110 0906 062409 GLJ8708 238.95 062409 9061054 510 32 3007 CAREY ELECTRIC 22428 SLUDGE PUMP INSTALLATION 06/29/09 0 062409 982.00 510.32.6110 0906 062409 GLJ8708 982.00 062409 9061055 620 00 3135 CDW GOVERNMENT INC PKG5425 COMPUTER SUPPLIES 06/29/09 0 062409 180.14 620.00.6110 0906 062409 GLJ8708 160.14 062409 9060653 100 41 1 CHOPIN, CHRISTINA PARKS PROGRAM REFUND 06/29/09 0 062209 173.00 100.41.3636 0906 062209 GLJ8694 173.00 062209 9061056 100 33 3537 CONCRETE SOLUTIONS 12104 MATERIALS 06/29/09 0 062409 494.00 100.33.6110 0906 062409 GLJ8708 494.00 062409 9060654 100 45 3539 CONSERV FS 1217201 SUPPLIES 06/29/09 0 062209 371.92 100.45.6110 0906 062209 GLJ8694 371.92 062209 9060655 510 XXXXX 3565 CONSTELLATION NEWENERGY 1213036 W/S PUMPING FEES 06/29/09 0 062209 39,552.36 510.31.5510 0906 062209 GLJ8694 8307.06 062209 510.32.5510 0906 062209 GLJ8694 31245.30 062209 9060656 510 31 3634 CRESCENT ELECTRIC SUPPLY 112-136275ELECTRICAL SUPPLIES 06/29/09 0 062209 51.35 510.31.6110 0906 062209 GLJ8694 51.35 062209 9061057 510 31 3634 CRESCENT ELECTRIC SUPPLY 112-135994ELECTRICAL SUPPLIES 06/29/09 0 062409 28.75 510.31.6110 0906 062409 GLJ8708 28.75 062409 9061058 100 33 3742 CURRAN CONTRACTING COMPA 70725 MATERIALS 06/29/09 0 062409 1,002.80 100.33.6110 0906 062409 GLJ8708 1002.80 062409 9061059 100 33 3742 CURRAN CONTRACTING COMPA 70828 MATERIALS 06/29/09 0 062409 1,194.96 100.33.6110 0906 062409 GLJ8708 1194.96 062409 9060657 100 00 2 CURVES OF MCHENRY REFUND PERMIT #09-04-087 06/29/09 0 062209 30.00 100.00.3410 0906 062209 GLJ8694 30.00 062209 9061060 100 43 4317 D'S MARINE SERVICE INC 118942/958BOAT MOTOR REPAIRS 06/29/09 0 062409 157.23 100.43.6110 0906 062409 GLJ8708 157.23 062409 9060635 100 47 4146 DELISI, PHIL 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 200.00 100.47.5110 0906 062209 GLJ8694 200.00 062209 9060658 620 00 4144 DELL MARKETING LP XD881NCD9 PRINTER SUPPLIES 06/29/09 0 062209 179.10 620.00.6210 0906 062209 GLJ8694 03 179.10 062209 9060659 100 41 1 DONEVSKI, GRACE PARKS PROGRAM REFUND 06/29/09 0 062209 30.00 100.41.3636 0906 062209 GLJ8694 30.00 062209 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ----------------------------------------------------------------------------------------------------------------------------------- 9060691 100 45 4556 DONS CLEANERS 286939DRY CLEANING SERVICES 06/29/09 0 062309 32.00 100.45.6110 0906 062309 GLJ8699 32.00 062309 9060660 510 32 4637 DREISILKER ELECTRIC MOTO 1643593 EQUIPMENT REPAIRS 06/29/09 0 062209 330.06 510.32.5375 0906 062209 GLJ8694 330.06 062209 9060661 510 31 4637 DREISILKER ELECTRIC MOTO I644722 . SUPPLIES 06/29/09 0 062209 34.48 510.31.6110 0906 062209 GLJ8694 34.48 062209 9060662 100 41 1 DULY, DIANE PARKS PROGRAM REFUND 06/29/09 0 062209 121.00 100.41.3637 0906 062209 GLJ8694 121.00 062209 9060663 100 01 4760 DURA WAX COMPANY INC, TH 332983BUILDING MAINTENANCE SUPPLIES 06/29/09 0 062209 48.35 100.01.6110 0906 062209 GLJ8694 48.35 062209 9061061 100 33 6293 FISCHER BROS FRESH 12448 MATERIALS 06/29/09 0 062409 508.75 100.33.6110 0906 062409 GLJ8708 508.75 062409 9060692 100 45 6370 FLAGHOUSE 3240720101SUPPLIES 06/29/09 0 062309 87.87 100.45.6110 0906 062309 GLJ8699 87.87 062309 9060664 100 22 6390 FLESCH COMPANY INC, GORD 114654COPIER METER READING 06/29/09 0 062209 96.32 100.22.5110 0906 062209 GLJ8694 96.32 062209 9060636 100 47 6554 FOWLER, JEFF R 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 276.00 100.47.5110 0906 062209 GLJ8694 276.00 062209 9061062 100 33 6559 FOXCROFT MEADOWS INC 35377 SOD 06/29/09 0 062409 81.60 100.33.6110 0906 062409 GLJ8708 81.60 062409 9061063 100 33 6559 FOXCROFT MEADOWS INC 35387 SOD 06/29/09 0 062409 146.00 100.33.6110 0906 062409 GLJ8708 146.00 062409 9061064 100 01 7149 G & E GREENHOUSES INC 147990MUNICIPAL PLANTER FLOWERS 06/29/09 0 062409 544.80 100.01.6110 0906 062409 GLJ8708 544.80 062409 9061065 100 01 7149 G & E GREENHOUSES INC 148387LANDSCAPE SUPPLIES 06/29/09 0 062409 160.00 100.01.6110 0906 062409 GLJ8708 160.00 062409 9060667 100 33 7281 G IMPRESSIONS INC 08-001567 EMPLOYEE UNIFORMS 06/29/09 0 062209 140.40 SANDOZ 100.33.4510 0906 062209 GLJ8694 140.40 062209 9060668 100 42 7281 G IMPRESSIONS INC 08-001568 POSTERS 06/29/09 0 062209 106.00 100.42.6110 0906 062209 GLJ8694 106.00 062209 9060665 100 41 1 GAHGAN, MICHELLE PARKS PROGRAM REFUND 06/29/09 0 062209 16.50 100.41.3637 0906 062209 GLJ6694 16.50 062209 9060693 100 41 1 GARELLI, EMILY PARKS PROGRAM REFUND 06/29/09 0 062309 65.00 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 6/29/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE --------- -------------------------------------------------------------------------------------------------------------------------- 100.41.3637 0906 062309 GLJ8699 65.00 062309 9060666 100 41 1 GIALLUISI, PATRICIA PARKS PROGRAM REFUND 06/29/09 0 062209 95.00 100.41.3634 0906 062209 GLJ8694 95.00 062209 9060669 100 04 7391 GLICK, DEBORAH A CLOTHING ALLOWANCE REIMB 06/29/09 0 062209 31.82 100.04.4510 0906 062209 GLJ8694 31.82 062209 9060670 100 41 1 GLUSAK, LIANA PARKS PROGRAM REFUND 06/29/09 0 062209 80.00 100.41.3634 0906 062209 GLJ8694 80.00 062209 9060671 100 44 7535 GOLD MEDAL PRODUCTS 202072CONCESSION SUPPLIES 06/29/09 0 062209 59.95 100.44.6110 0906 062209 GLJ8694 59.95 062209 9060672 100 44 7535 GOLD MEDAL PRODUCTS 201496CONCESSION SUPPLIES 06/29/09 0 062209 500.86 100.44.6110 0906 062209 GLJ8694 500.86 062209 9060673 100 33 7645 GROWER EQUIPMENT & SUPPL 41205 VEHICLE REPAIR PARTS 06/29/09 0 062209 350.00 100.33.5370 0906 062209 GLJ8694 350.00 062209 9061066 100 04 7750 GURRIE, LETITIA CLOTHING ALLOWANCE REIMS 06/29/09 0 062409 102.98 100.04.4510 0906 062409 GLJ8708 102.98 062409 9060674 100 42 8012 HALOGEN SUPPLY COMPANY 368082POOL SUPPLIES 06/29/09 0 062209 313.48 100.42.6110 0906 062209 GLJ8694 313.48 062209 9060675 100 41 8022 HARM'S FARM 14506 MULCH 06/29/09 0 062209 8.58 100.41.6950 0906 062209 GLJ8694 8.58 062209 9060676 100 47 8739 HUEMANN, LINDA 3/15-19/09PARKS PROGRAM INSTRUCTOR 06/29/09 0 062209 105.00 100.47.5110 0906 062209 GLJ8694 105.00 062209 9060694 510 32 9440 ILLINOIS EPA ILR400385 ANNUAL NPDES PERMIT FEE 06/29/09 0 062309 1,000.00 510.32.5110 0906 062309 GLJ8699 1000.00 062309 9060677 100 45 9500 INNOVATIVE PACKAGING INC IVC20010 SUPPLIES 06/29/09 0 062209 100.00 100.45.6110 0906 062209 GLJ8694 100.00 062209 9061067 100 42 5521 JC LICHT AND COMPANY 5312105 POOL PAINT 06/29/09 0 062409 105.52 100.42.6110 0906 062409 GLJ8708 105.52 062409 9060678 100 46 10300 JIMANOS PIZZERIA MCHENRY05 DAY CAMP PIZZAS 06/29/09 0 062209 44.00 100.46.6110 0906 062209 GLJ8694 44.00 062209 9060679 100 33 10735 JULIE INC 05-09-097GUNDERGROUND LOCATES 06/29/09 0 062209 105.40 100.33.5110 0906 062209 GLJ8694 105.40 062209 9060680 510 XXXXX 10735 JULIE INC 05-09-0976UNDERGROUND LOCATES 06/29/09 0 062209 210.80 510.31.5110 0906 062209 GLJ8694 105.40 062209 510.32.5110 0906 062209 GLJ8694 105.40 062209 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9060681 100 46 8028 JUNGMANN, MARLENE B 1081 PRE-TEEN JAM FACE PAINTING 06/29/09 0 062209 454.00 100.46.6920 0906 062209 GLJ8694 454.00 062209 9060682 100 22 11025 KALE UNIFORMS INC 351537EMPLOYEE UNIFORMS 06/29/09 0 062209 293.13 100.22.4510 0906 062209 GLJ8694 O'DONNELL 253.78 062209 100.22.4510 0906 062209 GLJ8694 A BIRK 39.35 062209 9060695 100 33 11286 KIMBALL MIDWEST 1111831 VEHICLE REPAIR PARTS 06/29/09 0 062309 265.30 100.33.5370 0906 062309 GLJ8699 265.30 062309 9061068 100 33 11286 KIMBALL MIDWEST 1102665 SUPPLIES 06/29/09 0 062409 214.29 100.33.5370 0906 062409 GLJ8708 214.29 062409 9060684 100 47 11295 KING, LAURA 4/2-6/11 PARKS PROGRAM INSTRUCTOR 06/29/09 0 062209 170.50 100.47.5110 0906 062209 GLJ8694 170.50 062209 9060686 100 33 9428 LAMBERT, FRANCES B 5639 UNIFORM EMBROIDERY 06/29/09 0 062209 63.00 LECHNER 100.33.4510 0906 062209 GLJ8694 63.00 062209 9060687 100 22 12017 LANG PONTIAC-CADILLAC-SU 76997 VEHICLE REPAIR PARTS 06/29/09 O 062209 41.80 100.22.5370 0906 062209 GLJ8694 41.80 062209 9060688 100 22 12017 LANG PONTIAC-CADILLAC-SU 76908 VEHICLE REPAIR PARTS 06/29/09 0 062209 120.41 100.22.5370 0906 062209 GLJ8694 120.41 062209 9060689 100 22 1074 LEXISNEXIS 20090531 PHONE PLUS SEARCHES 06/29/09 0 062209 119.00 100.22.5110 0906 062209 GLJ8694 119.00 062209 9060696 100 46 13006 MAD SCIENCE OF MCHENRY C 1957 PARKS PROGRAM 06/29/09 0 062309 1,625.00 100.46.5110 0906 062309 GLJ8699 1625.00 062309 9060637 100 47 13045 MAZZUCA, JOE 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 O 062209 299.00 100.47.5110 0906 062209 GLJ8694 299.00 062209 9061072 100 33 14069 MCCANN INDUSTRIES INC 3132303 ASPHALT PLATE COMPACTOR 06/29/09 0 062409 1,845.0.0 100.33.6270 0906 062409 GLJ8708 1845.00 062409 9060706 510 31 14246 MCHENRY.ANALYTICAL WATER 22565 WATER SAMPLE ANALYSIS 06/29/09 0 062309 80.00 510.31.5110 0906 062309 GLJ8699 80.00 062309 9060708 610 00 14283 MCHENRY COUNTY GLASS & M 61456 GLASS REPAIRS 06/29/09 0 062309 240.00 610.00.5980 0906 062309 GLJ8699 240.00 062309 9060707 205 00 14278 MCHENRY SPECIALTIES 2009-459 MISS MCHENRY TROPHIES 06/29/09 0 062309 55.00 205.00.6110 0906 062309 GLJ8699 55.00 062309 9061069 440 00 13141 MEIER & SONS FENCE MFG, 5/6/09PW FACILITY MECHANICS STORAGE 06/29/09 0 062409 2,426.99 440.00.8200 0906 062409 GLJ8708 2426.99 062409 100-1415IND DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ---------------------------------------------------------------------------- -----------------9060697 100 01 13157 MENDEZ LANDSCAPING & BRI 970 RESET PAVERS ON RIVERSIDE DR 06/29/09 0 062309 700.00 100.01.5110 0906 062309 GLJ8699 700.00 062309 9060698 205 00 13154 MERKEL, MARISA MISS MCHENRY JUDGE GIFTS 06/29/09 0 062309 250.00 205.00.6940 0906 062309 GLJ8699 250.00 062309 9061070 100 33 13172 MEYER MATERIAL COMPANY 224791MATERIALS 06/29/09 0 062409 319.02 100.33.6110 0906 062409 GLJ8708 319.02 062409 9060699 100 33 13309 MID AMERICAN WATER OF WA 111934W SUPPLIES 06/29/09 0 062309 128.00 100.33.6110 0906 062309 GLJ8699 128.00 062309 9060700 510 31 13309 MID AMERICAN WATER OF WA 111934W SUPPLIES 06/29/09 0 062309 256.00 510.31.6110 0906 062309 GLJ8699 128.00 062309 510.31.6110 0906 062309 GLJ8699 128.00 062309 9061071 510 31 13309 MID AMERICAN WATER OF WA 111827W SUPPLIES 06/29/09 0 062409. 168.00 510.31.6110 0906 062409 GLJ8708 168.00 062409 9060701 100 00 13291 MINUTEMAN PRESS OF MCH 70736 PRINTED FORMS 06/29/09 0 062309 129.71 100.00.6210 0906 062309 GLJ8699 129.71 062309 9060702 100 02 13291 MINUTEMAN PRESS OF MCH 70679 OFFICERS & COMMITTEES HANDOUT 06/29/09 0 062309 124.55 100.02.6210 0906 062309 GLJ8699 124.55 062309 9060703 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 70713 PRINTED FORMS 06/29/09 0 062309 699.23 100.00.6210 0906 062309 GLJ8699 664.26 062309 100.04.6210 0906 062309 GLJ8699 34.97 062309 9060704 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 70711 PRINTED FORMS 06/29/09 0 062309 609.64 100.00.6210 0906 062309 GLJ8699 487.87 062309 100.04.6210 0906 062309 GLJ8699 121.97 062309 9060705 100 00 13291 MINUTEMAN PRESS OF MCH 70712 PRINTED FORMS 06/29/09 0 062309 511.07 100.00.6210 0906 062309 GLJ8699 511.07 062309 9060638 100 47 13534 MOORE, KEVIN 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 280.50 100.47.5110 0906 062209 GLJ8694 280.50 062209 9060709 XXXXX XXXXX 15169 NEXTEL 639911516 CELL PHONE USAGE 06/29/09 0 062309 2,280.33 100.01.5320 0906 062309 GLJ8699 184.45 062309 100.03.5320 0906 062309 GLJ8699 253.04 062309 100.22.5320 0906 062309 GLJ8699 1084.90 062309 100.30.5320 0906 062309 GLJ8699 80.56 062309 100.33.5320 0906 062309 GLJ8699 271.31 062309 100.41.5320 0906 062309 GLJ8699 116.11 062309 100.45.5320 0906 062309 GLJ8699 155.02 062309 100.46.5320 0906 062309 GLJ8699 35.09 062309 100.47.5320 0906 062309 GLJ8699 38.22 062309 620.00.5320 0906 062309 GLJ8699 61.63 062309 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9060710 510 XXXXX 15169 NEXTEL 639911518 CELL PHONE USAGE 06/29/09 O 062309 341.73 510.31.5320 0906 062309 GLJ8699 238.03 062309 510.32.5320 0906 062309 GLJ8699 103.70 062309 9061073 100 XXXXX 15545 NICOR GAS MAY/,TUNE UTILITIES 06/29/09 0 062409 889.73 100.45.5510 0906 062409 GLJ8708 43.13 062409 100.46.5510 0906 062409 GLJ8708 40.42 062409 100.01.5510 0906 062409 GLJ8708 806.18 062409 9061074 510 XXXXX 15545 NICOR GAS MAY/JUNE UTILITIES 06/29/09 0 062409 391.36 510.31.5510 0906 062409 GLJ8708 221.48 062409 510.32.5510 0906 062409 GLJ8708 169.88 062409 9060711 100 41 15556 NORTHWEST HERALD 39623 SUBSCRIPTION 06/29/09 0 062309 211.60 100.41.5450 0906 062309 GLJ8699 211.60 062309 9060712 510 32 16416 OLSEN SAFETY EQUIPMENT C 223328SUPPLIES 06/29/09 O 062309 95.75 510.32.6110 0906 062309 GLJ8699 95.75 062309 9060713 100 01 16716 OTTOSEN BRITZ KELLY COOP 37814 PROFESSIONAL SERVICES 06/29/09 O 062309 1,925.00 100.01.5230 0906 062309 GLJ8699 1925.00 062309 9061075 100 01 17005 PACE 48727 LOCAL SHARE DIAL A RIDE 06/29/09 0 062409 6,787.75 100.01.5110 0906 062409 GLJ8708 6787.75 062409 9061076 100 41 17035 PAYLINE WEST INC S13939VEHICLE REPAIR PARTS 06/29/09 0 062409 27.82 100.41.5370 0906 062409 GLJ8708 27.82 062409 9060714 100 44 17156 PEPSI-COLA GENL BOT 9727317001CONCESSION SUPPLIES 06/29/09 0 062309 354.34 100.44.6110 0906 062309 GLJ8699 354.34 062309 9060715 100 44 17156 PEPSI-COLA GENL BOT 9727616725CONCESSION SUPPLIES 06/29/09 0 062309 435.70 100.44.6110 0906 062309 GLJ8699 435.70 062309 9060716 100 XXXXX 2532 PETROLIANCE LLC 1073136 VEHICLE FUEL 06/29/09 0 062309 192.96 100.01.6250 0906 062309 GLJ8699 32.68 062309 100.03.6250 0906 062309 GLJ8699 160.28 062309 9060717 100 03 2532 PETROLIANCE LLC 1073219 VEHICLE FUEL 06/29/09 0 062309 41.01 100.03.6250 0906 062309 GLJ8699 41.01 062309 9060718 100 22 2532 PETROLIANCE LLC 1073137 VEHICLE FUEL 06/29/09 0 062309 2,015.38 100.22.6250 0906 062309 GLJ8699 2015.38 062309 9060719 100 33 2532 PETROLIANCE LLC 8678603 VEHICLE FUEL 06/29/09 0 062309 5,052.48 100.33.6250 0906 062309 GLJ8699 5052.48 062309 9060720 100 33 2532 PETROLIANCE LLC 1073138 VEHICLE FUEL 06/29/09 0 062309 402.73 100.33.6250 0906 062309 GLJ8699 402.73 062309 9060721 100 45 2532 PETROLIANCE LLC 1073139 VEHICLE FUEL 06/29/09 0 062309 273.93 DATE• 6/24/2009 11:14 AM CITY OF MCHENRY - PAGE 9 LIST OF BILLS COUNCIL MEETING 6/29/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------ 100.45.6250 0906 062309 GLJ8699 273.93 062309 9060722 510 31 2532 PETROLIANCE LLC 1073140 VEHICLE FUEL 06/29/09 0 062309 372.50 510.31.6250 0906 062309 GLJ8699 372.50 062309 9060723 510 31 2532 PETROLIANCE LLC 1073223 VEHICLE FUEL 06/29/09 0 062309 204.78 510.31.6250 0906 062309 GLJ8699 204.78 062309 9060724 510 31 2532 PETROLIANCE LLC 8678604 VEHICLE FUEL 06/29/09 0 062309 595.63 510.31.6250 0906 062309 GLJ8699 595.63 062309 9060725 510 32 2532 PETROLIANCE LLC 8678602 VEHICLE FUEL 06/29/09 0 062309 1,145.45 510.32.6250 0906 062309 GLJ8699 1145.45 062309 9060726 510 32 2532 PETROLIANCE LLC 1073141 VEHICLE FUEL 06/29/09 0 062309 498.10 510.32.6250 0906 062309 GLJ8699 498.10 062309 9060730 100 XXXXX 2532 PETROLIANCE LLC 1073221 VEHICLE FUEL 06/29/09 0 062309 873.98 100.33.6250 0906 062309 GLJ8699 823.64 062309 100.01.6250 0906 062309 GLJ8699 50.34 062309 9060727 100 22 17154 PETTIBONE & CO, P F 17904 SUPPLIES 06/2.9/09 0 062309 405.45 100.22.6210 0906 062309 GLJ8699 405.45 062309 9060728 100 47 17655 PRO PLAYER CONSULTANTS I JUNE TBALLPARKS PROGRAM 06/29/09 0 062309 1,600.00 100.47.5110 0906 062309 GLJ8699 1600.00 062309 9060729 100 41 1 QUALLS, KIM PARKS PROGRAM REFUND 06/29/09 0 062309 145.00 100.41.3636 0906 062309 GLJ8699 145.00 062309 9061077 100 45 19155 REINDERS INC 1254816 SUPPLIES 06/29/09 0 062409 80.89 100.45.6110 0906 062409 GLJ8708 80.89 062409 9060731 100 41 1 RICHTER, SHERI PARKS PROGRAM REFUND 06/29/09 0 062309 40.00 100.41.3637 0906 062309 GLJ8699 40.00 062309 9060732 280 41 19285 RIDGEVIEW ELECTRIC INC 31904 SCOREBOARD ELECTRICAL WORK 06/29/09 0 062309 876.50 280.41.8800 0906 062309 GLJ8699 876.50 062309 9060733 100 33 19531 ROC CONSTRUCTION SUPPLY 22101 SUPPLIES 06/29/09 0 062309 103.58 100.33.6110 0906 062309 GLJ8699 103.58 062309 9060734 100 33 19531 ROC CONSTRUCTION SUPPLY 22144 SUPPLIES 06/29/09 0 062309 69.75 100.33.6110 0906 062309 GLJ8699 0.75 062309 9060735 100 22 19537 ROCK RIVER ARMS INC 286604FIRE ARM REPAIR PARTS 06/29/09 0 062309 379.30 100.22.6110 0906 062309 GLJ8699 379.30 062309 9060736 100 00 2 ROLLER'S TENNIS & GOLF REFUND PERMIT #09-05-039 06/29/09 0 062309 30.00 100.00.3410 0906 062309 GLJ8699 30.00 062309 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE +10 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 9060737 100 41 1 RUNIONS, AMBER PARKS PROGRAM REFUND 06/29/09 0 062309 228.00 100.41.3636 0906 062309 GLJ8699 228.00 062309 9060738 290 00 20430 SEC GROUP INC 350153RIVERWALK PHASE I 06/29/09 0 062309 522.50- INVOICE PAID TWICE 290.00.8900 0906 062309 GLJ8700 522.50CR 062309 290-RIVERWALK 9060739 290 00 20430 SEC GROUP INC 343660RIVERWALK PHASE I 06/29/09 0 062309 6,299.70 290.00.8900 0906 062309 GLJ8700 6299.70 062309 290-RIVERWALK 9060740 290 00 20430 SEC GROUP INC 352763RIVERWALK PHASE I 06/29/09 0 062309 386.25 290.00.8900 0906 062309 GLJ8700 386.25 062309 290-RIVERWALK 9060741 290 00 20430 SEC GROUP INC 34834BRIVERWALK 06/29/09 0 062309 3,376.00 290.00.8900 2071003 0906 062309 GLJ8700 3376.00 062309 3376.00 290-RIVERWALK 9060750 740 00 20430 SEC GROUP INC 357243SHOPS Q FOX RIVER 06/29/09 0 062309 130.00 740.00.5220 0906 062309 GLJ8700 130.00 062309 9061079 440 00 20430 SEC GROUP INC 26/357087 MILLER ROAD IMPROVEMENTS 06/29/09 0 062409 6,884.22 440.00.8900 21587 0906 062409 GLJ8708 PROJ# MILLERCMAQ 6884.22 062409 6884.22 440-MILLERCMA 9060743 100 01 20150-SECRETARY OF STATE #310 LICENSE PLATE REPLACEMENT 06/29/09 0 062309 6.00 100.01.6940 0906 062309 GLJ8700 6.00 062309 9060742 100 01 20152 SECRETARY OF STATE / POL #304 REGISTRATION RENEWAL 06/29/09 0 062309 78.00 100.01.6940 0906 062309 GLJ8700 78.00 062309 9060744 100 01 20250 SHERMAN MECHANICAL INC 547309PLUMBING SERVICE WORK 06/29/09 0 062309 240.66 100.01.5110 0906 062309 GLJ8700 240.66 062309 9060745 100 01 20250 SHERMAN MECHANICAL INC S47343CLIMATE CONTROL SERVICE WORK 06/29/09 0 062309 455.00 100.01.5110 0906 062309 GLJ8700 455.00 062309 9061078 100 33 20257 SHERWIN INDUSTRIES INC SS033230 VEHICLE REPAIRS 06/29/09 0 062409 91.66 100.33.5370 0906 062409 GLJ8708 91.66 062409 9060746 100 41 1 SIERACKI, LEN PARK PROGARM REFUND 06/29/09 0 062309 163.00 100.41.3636 0906 062309 GLJ8700 163.00 062309 9060747 100 03 20710 STANS OFFICE TECHNOLOGIE 261718COPIER METER READING 06/29/09 0 062309 64.34 100.03.5110 0906 062309 GLJ8700 64.34 062309 9060751 XXXXX XXXXX 20711 STAPLES BUSINESS ADVANTA 80127510360FFICE SUPPLIES 06/29/09 0 062309 584.36 100.00.6210 0906 062309 GLJ8700 268.03 062309 100.22.6210 0906 062309 GLJ8700 42.36 062309 DATE • 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 6/29/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCRDT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ---------------------------------------------------------------------- 620.00.6210 0906 062309 GLJ8700 22 273.97 062309 9060752 XXXXX XXXXX 20711 STAPLES BUSINESS ADVANTA 8012698022OFFICE SUPPLIES 06/29/09 0 062309 236.70 100.00.6210 0906 062309 GLJ8700 61.49CR 062309 100.03.6210 0906 062309 GLJ8700 8.99 062309 100.41.6210 0906 062309 GLJ8700 1.59 062309 100.46.5110 0906 062309 GLJ8700 25.31 062309 100.00.6210 0906 062309 GLJ8700 215.88 062309 100.41.6210 0906 062309 GLJ8700 39.93 062309 620.00.6210 0906 062309 GLJ8700 6.49 062309 9060753 510 XXXXX 20711 STAPLES BUSINESS ADVANTA 8012698022OFFICE SUPPLIES 06/29/09 0 062309 57.45 510.32.6210 0906 062309 GLJ8700 25.60 062309 510.31.6210 0906 062309 GLJ8700 31.85 062309 9060748 100 47 20721 STEKL, DIANE 4/28-6/18 PARKS PROGRAM INSTRUCTOR 06/29/09 0 062309 340.00 100.47.5110 0906 062309 GLJ8700 340.00 062309 9060749 100 22 20728 STONE, TANYA L CJAD-345 TUITION REIMB 06/29/09 0 062309 630.00 100.22.5440 0906 062309 GLJ8700 630.00 062309 9061080 100 22 20888 SYMBOLARTS 112944K-9 BADGES 06/29/09 0 062409 160.00 100.22.6110 0906 062409 GLJ8708 160.00 062409 9060756 100 33 21628 TAPCO 318926SUPPLIES 06/29/09 0 062309 720.49 100.33.6110 0906 062309 GLJ8700 720.49 062309 9060639 100 47 21147 TEGTMEIER, TERRY 5/18-6/12 SOFTBALL UMPIRE SERVICES 06/29/09 0 062209 299.00 100.47.5110 0906 062209 GLJ8694 299.00 062209 9060757 100 33 21254 THOMAS TRUCKING INC, KEN 965380TOP SOIL 06/29/09 0 062309 490.00 100.33.6110 0906 062309 GLJ8700 490.00 062309 9060758 100 45 22495 UNITED LABORATORIES 16765 SUPPLIES 06/29/09 0 062309 360.94 100.45.6110 0906 062309 GLJ8700 360.94 06230.9 9061081 100 33 22495 UNITED LABORATORIES 17043 SUPPLIES 06/29/09 0 062409 96.92 100.33.5370 0906 062409 GLJ8708 96.92 062409 9061082 100 04 22497 UNITED PARCEL SERVICE 60X485259 UPS CHARGES 06/29/09 0 062409 72.00 100.04.5310 0906 062409 GLJ8708 72.00 062409 9060759 100 46 23025 VANNERSON, JOE PROGRAM SUPPLIES REIMB 06/29/09 0 062309 19.44 100.46.5110 0906 062309 GLJ8700 19.44 062309 9060760 100 00 7 WALLS, CHERYLE 2009 LIQUOR LICENSE REFUND 06/29/09 0 062309 700.00 NANA'S KITCHEN 100.00.3310 0906 062309 GLJ8700 700.00 062309 9060761 100 XXXXX 24020 WALMART COMMUNITY MAY 2009 SUPPLIES 06/29/09 0 062309 327.22 100.22.6210 0906 062309 GLJ8700 19.68 062309 DATE 6/24/2009 11:14 AM CITY OF MCHENRY PAGE '12 LIST OF BILLS COUNCIL MEETING 6/29/09 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.01.6110 0906 062309 GLJ8700 28.50 062309 100.42.6110 0906 062309 GLJ8700 67.21 062309 100.44.6110 0906 062309 GLJ8700 71.23 062309 100.46.6110 0906 062309 GLJ8700 113.40 062309 100.43.6110 0906 062309 GLJ8700 24.97 062309 100.41.6110 0906 062309 GLJ8700 2.23 062309 9061084 510 32 24028 WASTE MANAGEMENT OF WI P 1541522908SLUDGE DISPOSAL SERVICES 06/29/09 0 062409 8,144.31 510.32.5580 0906 062409 GLJ8708 8144.31 062409 9060762 100 41 24307 WITT, CINDY CLOTHING ALLOWANCE REIMB 06/29/09 0 062309 117.19 100.41.4510 0906 062309 GLJ8700 117.19 062309 9060763 100 33 27146 ZEP SALES & SERVICE 30387329 SUPPLIES 06/29/09 0 062309 86.60 100.33.5370 0906 062309 GLJ8700 86.60 062309 9060764 100 01 27765 ZUKOWSKI ROGERS FLOOD & 84062 LEGAL FEES - CORP 06/29/09 0 062309 2,835.00 100.01.5230 0906 062309 GLJ8700 2835.00 062309 9060765 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84063 KIM13ALL HILL 06/29/09 0 062309 1,087.50 740.00.5230 0906 062309 GLJ8700 1087.50 062309 9060766 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84064 DAVID & SHERRI KOTIW 06/29/09 0 062309 725.00 740.00.5230 0906 062309 GLJ8700 725.00 062309 9060767 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84067 A CHILD'S PLACE INC 06/29/09 0 062309 217.50 BRIAN MAZE 740.00.5230 0906 062309 GLJ8700 217.50 062309 9060768 740 00 27765 ZUKOWSKI ROGERS FLOOD & 84096 CURTIS/MCHENRY RIVERWALK 06/29/09 0 062309 2,320.00 740.00.5230 0906 062309 GLJ8700 2320.00 062309 EXPENDED LIQUID ACCRUAL GRAND TOTALS 149,907.03 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 64,870.03 205 PAGEANT FUND 305.00 280 DEVELOPER DONATION FUND 876.50 290 TIF FUND 9,539.45 3,376.00 300 DEBT SERVICE-1997A FUND 525.00 440 CAPITAL IMPROVEMENTS FUND 9,311.21 6,884.22 510 WATER/SEWER FUND 59,058.51 610 RISK MANAGEMENT FUND 240.00 620 INFORMATION TECHNOLOGY FUND 701.33 DATE* 6/24/2009 11:14 AM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 6/29/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE -------------- --------------------------------------------------------------------------------------------------------------------- 740 RETAINED PERSONNEL ESCROW 4,480.00 **** 149,907.03 10,260.22 t TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: June 29,2009,Regular City Council Meeting RE: Fence Variance for the property located at 3508 Washington Street ATTACHMENTS: 1. Location Map 2. Letter from Charles Copley 3. Plat of Survey STAFF RECOMMENDATION: To approve a variance to allow a five-foot high catalina and aluminum fence and six-foot high solid cedar fence in the required front yards on a double-frontage lot located at 3508 Washington Street. Request The applicant is requesting a fence variance to allow a five-foot high Catalina stone and Aluminum fence and a six foot high solid cedar fence in the required front yards of a double- frontage lot. The lot in question is located in an older establish neighborhood adjacent to St. Patrick's Church. Analysis The City's fence ordinance does permit fences in a front yard on a double-frontage lot, however the ordinance does not allow aluminum fencing in a front yard on a double-frontage lot. The applicant is proposing an attractive stone paver and aluminum fence along the south frontage (Washington Street) and the rear frontage (1st Avenue). In addition, the applicant is proposing to construct a six-foot high cedar fence along the western property boundary that encroaches into the front yard. The applicant will need variances for the aluminum fence in the front year as well as the six foot tall cedar fence that extends into the front yard. Although the applicant is proposing two different types of fences staff believes that they are both aesthetically pleasing and will work well in tandem. Staff has no concerns with this request and recommends approval. Location Map v Subject Property _ � `Y 1• f j NM 84939 I oB 45 62.05 66 30 112B 60.0712 10U.12 F �j U a Q CO CO rp C 7 �- 00 r O T O��71r- a 4 R m R q R (�.82 71 29. A 69U1 680t 1^.6;,5 6g '100 68 ,p o O St 1 -001 B9 s rod g MILLE� a SUB. I �q ti, r 0 f ,' 132 99 � 3 -003 �� ,% 1 / �o I t� / 88 "i 732 4 M4 L.0 � %jw Q j q� % �� L.M •. 73q J a3 Ijec -005 w June 1, 2009 To Whom It May Concern, I am writing you in regards to obtain a fence permit for 3508 Washington Street. I would like the fence to extend beyond the front of the house in the southwest corner, landing approximately 17 feet from the sidewalk. This extension would allow extra room on the west side of the yard. The neighboring churchyard fence currently sits approximately 2-3 feet from the sidewalk. In the backyard I would like to extend a fence to the lot line and even with the churches fence to continue the linear line that already exists. The fence will be constructed with brick pavers and aluminum acting as a retaining wall at the north end of the property , the front yard will consist of the same design while the Westside will be a solid cedar fence, a complete polygon shape when it connects to different points of the property. I have drawn a sketch on the plat of survey and would like to start the project a.s.a.p. Than you, Charles Copley 3508 Washington Street NO.676618,IN MCHENRY COUNTY,ILLINOIS. AZ 90° assumed 96.22'Meas.96.26'Rea � -S LOT 2 ,3.0 CONC y:qr CONC ay q U. •r�. p\b• . 584 4' .y94ga � �^ coNc 2-STORY 17 y 4� 0 STOOP STONE&FRAME N -00 RESIDENCE N' A plEl FdUC/p STONE #3508 4 . !�1 PCX C71 N � PLANTE b � 1 14 • of F C RE • CONC Sr �c STONE PORCH D Ek'gLk PLANTER a G�� a 2 ^Y 13'46 8 8 10,R �S � GTO ,/ S � ET•X• p r IN WALK } 1 S V LEGEND � �?' O Se IP • FM Ip % FW W — —\— FENCE =vi c•a•a N ® Wp•d Rd s 9riN: STATE OF ILLINOIS COUNTY OF MCHENRY 0' 20' 40' 60' 1 HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREON HAS BEEN SURVEYED,UNDER MY SUPERVISION,ACCORDING TO THE OFFICIAL RECORD AND THAT THE PLAT HEREON CORRECTLY REPRESENTS SAID SURVEY. ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. LU T UCO CONSTRUCTION CO I FURTHER CERTIFY THAT UNLESS OTHERWISE SHOWN,THE BUILDING 55HE,g1172 HARE WITHIN lv PROPERTY LINES AND THE ADJOINING VISIBLE IMPROVEMENTS DO D PROPERTY PROFESSIONAL DESIGN FIRM NO.184.004829 DESCRIBED HEREON. oj5 G�' CLIENT NAME: 8813 S.Route 31 1 FURTHER CERTIFY THAT THE PROFESSIONAL SERVICE CONFO TILE€ 3LL SMINIMUM COPLEY Gary,IL 60013 STANDARDS FOR A BOUNDARY SURVEY. _CL = _ 35-2143 _ CLIENT REFERENCE: 847.658.8537 C . MY LICENSE EXPIRESrII- -10 ' J N/A 847.458.0714 fax C.T.AMELSE,ILLINOIS PROFESSIONAL LAND SURVEYOR NO.35-2143 CARY 2{ PRO]ECTNO. LINOIS f'tp c FIELDWORK SURVEY DRAWN BY: COMPARE THE DESCRIPTION OF THE PLAT WITH DEED.REFER TO TF '�F`E•1{){I�X•PEMS OF RECORD COMPLETED: COMPLETED: NOT SHOWN.NOTED UTILITIES WITHIN EASEMENTS ARE NOT SHOWPfHl �OI$ IERGROUND UTILITIES, 03-20-09 03-20-09 1AC 09-24337 INCLUDING,BUT NOT LIMITED TO CONDUITS AND CABLES(IF AN HAVE NOT EEN SHOWN HEREON. VOID WITHOUT RAISED SEAL OR RED STAMP. CAMSVIlm 24200 to 24399\09-24337 Washi,gW,\24332 WnNNtw.dA,,3/26/2009 5:0596 PM,KONICA MIN°LTA35W25W200 PCL r TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 29, 2009, Regular City Council Meeting RE: Conditional Use Permit for outside storage in conjunction with the operation of a landscape contractor's office for the property located at 3966 W Dayton Street ATTACHMENTS: 1. Location Map 2. Ordinance approving a Conditional Use Permit for outside storage in conjunction with the operation of a landscape contractor's office . for the property located at 3966 W Dayton Street 3. Unapproved Planning and Zoning Commission Minutes dated 6/18/09 4. Application Packet STAFF RECOMMENDATION: To approve the attached ordinance granting a Conditional Use Permit for outside storage in conjunction with the operation of a landscape contractor's office for the property located at 3966 W Dayton Street. Description of Request The applicant is currently petitioning the City for a Conditional Use Permit for outside storage in conjunction with the operation of a landscape contractor's office. Staff Analysis In the City's Zoning Ordinance, in the I-1 zoning district, a Conditional Use Permit is required for outside storage associated with any permitted or conditional use allowed in the district. In this case, the applicant is proposing an office with ancillary outside storage. The Conditional Use Permit would be for the storage of vehicles, trailers, equipment and landscape material associated with the operation of a landscape contractor's business. The proposed location of the outdoor storage is behind the building to the north which is situated in an industrially- zoned park and is not likely to visually detract from the surrounding area. As long as the storage is kept in an orderly fashion and on an approved paved surface staff supports the proposed Conditional Use Permit. The Planning and Zoning Commission unanimously recommended approval of the Conditional Use Permit for outside storage in conjunction with the operation of a landscape contractor's office with 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. 3. The outdoor storage area shall be on an approved paved surface, fenced and kept in an orderly fashion. 4. That the aggregate section`located immediately south of the landscape storage area be paved with an approved surface. Staff Recommendation Approval of a Conditional Use Permit to allow the outdoor storage of vehicles, trailers, equipment and landscape material which are directly related to the business on the subject property 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. 3. The outdoor storage area shall be on an approved paved surface, fenced and kept in an orderly fashion. 4. That the aggregate section located immediately south of the landscape storage area be paved with an approved surface or alternatively converted to grass. Location Map Subject Property ffl fW r,vim ..•. ST. • •nDAYTON ST. r• 1 �Y1 i 10, � T' { g - J N + y ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE IN CONJUNCTION WITH THE OPERATION OF A LANDSCAPE CONTRACTOR'S OFFICE FOR THE PROPERTY LOCATED AT 3966 W DAYTON STEETIN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City requesting a conditional use permit for outside storage for the property located at 3966 W Dayton Street and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 18, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested conditional use permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested conditional use permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a conditional use permit for the outside storage of vehicles, trailers, equipment and landscape materials which are directly related to the landscape contractor's business and 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. 3. The outdoor storage area shall be on an approved paved surface, fenced and kept in an orderly fashion. 4. That the aggregate section located immediately south of the landscape storage area be paved with an approved surface or alternatively converted to grass. SECTION 2: That the approval of the conditional use permit as provided in this ordinance is granted subject to the condition that motorcycles and automobiles shall not be stored on the SUBJECT PROPERTY. SECTION 3: In granting said conditional use permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2009 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 12009 MAYOR ATTEST: CITY CLERK City of McHenry Planning and Zoning Commission Meeting June 18, 2009 Chairman Howell called the June 18, 2009 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve minutes of the Planning and Zoning Commission as follows as presented: June 4, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: George Schmidt File No. Z-745 3425 Pearl Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-745, an application for conditional use permit to allow a restaurant serving alcoholic beverages as requested by George Schmidt for the property located at 3425 Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 2, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. In attendance was Applicant George Schmidt,who was sworn in by Chairman Howell. Mr. Schmidt stated he purchased for former Whale's Tail property approximately four years ago and has been working steadily to renovate it. He is now ready to open the Green Pearl Restaurant and is seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant. He stated he has initiated proceedings regarding securing a liquor license pending a recommendation from this Commission to the City Council regarding the conditional use permit. Deputy City Administrator Martin provided the Staff Report regarding this matter. He stated a conditional use permit is required for Mr. Schmidt to be able to serve alcoholic beverages to his Planning and Zoning Commission June 18,2009 Page 2 restaurant patrons. This site previously had a restaurant, and Staff supports the request as presented. Chairman Howell invited questions and comments from the Commission. In response to an inquiry, Mr. Schmidt stated initially the restaurant would serve lunches and dinners seven days per week and would be open between the hours of 11 a.m and 10 p.m. He stated he might offer breakfast in the future which would require being open as early as 5:30 a.m. Responding to further inquiry, Mr. Schmidt stated the remodel of the building is fairly complete. He should be ready to open upon receipt of a Certificate of Occupancy following final inspection by the building department, and granting of the liquor license by the City Council. Question was raised as to possible carry-out of alcoholic beverages, particularly as the restaurant is in close proximity to Veterans Park and Fiesta Days events. Mr. Schmidt responded there would be no sale of packaged liquor and alcoholic beverages would not be sold to be carried out of the restaurant. He noted he might eventually provide carry-out food orders, however. It was pointed out that Mr. Schmidt does not live in the City, and inquiry was made as to his ability to hold a liquor license as a non-resident. Deputy City Administrator Martin responded the restaurant manager would have to be a McHenry resident as required by the liquor ordinance. In response to Chairman Howell's inquiry, there were no comments or questions regarding this matter from the audience. Motion by Nadeau, seconded by Ekstrom, to recommend to the McHenry City Council, that with regard to File No. Z-745, a request from George Schmidt for a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant located at 3425 Pearl Street, be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the public hearing at 7:41 p.m. Public Hearing: Clark and John Benkendorf File No. Z-744 3966 Dayton Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:42 p.m. regarding File No. Z-744, an application for conditional use permit to allow outside storage in conjunction with a landscape Planning and Zoning Commission June 18,2009 Page 3 business as requested by Clark and John Benkendorf for the property located at 3425 Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 2, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. In attendance were applicants Clark and John Benkendorf, who were sworn in by Chairman Howell. Mr. Clark Benkendorf stated he and his brother operate a landscape maintenance business and have leased with an option to purchase the property located at 3966 Dayton Street in Tonyan Industrial Park. They intend to purchase the property once the conditional use permit for outside storage of landscape vehicles, equipment and materials has been granted. Mr. Benkendorf stated the property is comprised of 1.46 acres. They intend to pave approximately 19,000 square feet to provide additional parking area for landscape vehicles, trailers and equipment, as well as storage area for related landscape materials. The materials would be stored in pour-in-place cement bins. The outside storage area would be fenced. Additionally, employee parking would be provided. Deputy City Administrator Martin provided the Commission with a staff report regarding this matter. He noted the subject property is located within Tonyan Industrial Park adjacent to Cypress Medical Products. Because of the site location, Staff believes the requested conditional use permit for outside storage is appropriate and recommends approval 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, and 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. Chairman Howell invited questions and/or comments from members of the Commission. Inquiry was made as to whether the applicants into to refuel their landscape vehicles and equipment on the premises. Mr. Clark Benkendorf responded in the affirmative, noting he has been in contact with Palatine Oil, who will secure the appropriate permits, and provide information regarding storage tanks, double containment, spillage, etc. Responding to a question, Mr. Benkendorf noted at their current site, they have a 2,500 gallon gasoline fuel tank and a 1,000 gallon diesel fuel tank. He anticipates they would have similar facilities at their new location. In response to a question, Mr. Clark Benkendorf stated his firm's name is Lawn Master. Deputy City Administrator Martin responded to a question seeking the authority for fuel storage tanks in the City, noting the tanks are under the purview of the State Fire Marshall's jurisdiction. Planning and Zoning Commission June 18,2009 Page 4 He noted there are strict guidelines and regulations which must be followed, particularly if there is a spill. Mr. Clark Benkendorf noted employees would perform only general light maintenance on business vehicles and/or equipment. There are approximately 24 seasonal employees and four permanent fulltime employees of the firm. Mr. Benkendorf stated during the winter months, employees plow snow. Question was raised as to when the chain link fence surrounding the outside storage area would be erected. Mr. Clark Benkendorf responded building permit application would be made following Council approval of the conditional use permit. Brief discussion followed regarding an area of standing water along the east property line. Deputy City Administrator Martin noted Staff will investigate the matter. Commissioners inquired if the applicant would be storing paver bricks or sod on the premises. Mr. John Benkendorf responded, although they do this type of work, those types of materials would be delivered directly to the jobsite. Responding to a question regarding security lighting, Mr. Clark Benkendorf responded they would likely install security lighting on the premises. Chairman Howell noted there was no one in the audience wishing to comment or raise questions regarding the application. Motion by Nadeau, seconded by Buhrman, to recommend to the McHenry City Council, that with regard to File No. Z-744, a request from Clark and John Benkendorf for a conditional use permit to allow the outside storage of vehicles, trailers, equipment and materials associated with their Lawn Master landscape business located at 3966 Dayton Street in Tonyan Industrial Park, be granted, 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, and 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. and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Planning and Zoning Commission June 18,2009 Page 5 Motion carried 7-0. Chairman Howell closed the public hearing at 7:57 p.m. Mr. John Benkendorf inquired if they would be required to comply with condition #4 if they chose to seed/sod the aggregate section instead of paving it. Deputy City Administrator Martin replied the applicants could choose to seed the aggregate area rather than pave it. Other Business Brief discussion occurred regarding the status of vacant storefronts in town. Adjournment Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 8:00 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry J FORM A File Number - 1 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 a Tel: (815)363-2170 Fax: (815)363-2173 1. Name of Applicant : R. Clark Benkendorf and John B. Benkendorf Tel 847-382-5900 Address: 7 Braeburn Lane, Barrington Hills,IL 60010 Fax 847-382-5904 2. Name of Property Owner: Soubrette of Illinois, LLC Tel (If other than Applicant) Address: P.O. Box 94, Lanark, IL 61046 Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney: Lisa M. Waggoner Tel (815)477-0830 (If represented) Address: Four North Walkup Ave., Crystal Lake, IL 60014 Fax (815)477-0834 5. Common Address or Location of Property: 3966 West Dayton Street,McHenry,IL 60050 6. Requested Action(s) (check all that apply) Zoning Map Amendment(Rezoning) _Zoning Variance-Minor _X_Conditional Use Permit _Zoning Text Amendment _Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The Applicant is operating a landscape contractor's office and desires a Conditional Use Permit for outdoor storage. FORM A Pagel of 3 (rYP•) Pipe 314" _...--- S8904TO"W Bar 5/8" t60:00'(M&R) 160.00'(M&R) CT 33.6 42.29' Power Pole (TYP) opsoil Bem 0.73' too t 81.33' aP t S ne (Appa nt t !, Encroachm nt) o 113 2 Bituminous pu wPs � (TYP) 3.83' 168.61' PC to (t'Aj��CTrJIr AO yj Lot 5 o . Z 1.46 Acres + N of One St4 0.93'Metal Rack o Lot 4 Frame w (Apparent Encroapp of Overhang) X X X Chain Litenc Brick FAN 1.09' 10 'r'g Sliding Entry Gate N �i C0mme # i M Buildrr 11.os' C.E. Transformer i (on Concrete Slab) Concrete (TYP) 17 ' `fJl)l Aggregaie. :I Frr (r�P) Air Conditioner Unit(on Concrete Slab) ` „I Bituminous Block Patio (TYP) e � C.E. Transformer (on Concrete Slab) B # ��rg Bituminous I I . (TYP) Air Conditioner Employee parking I Unit(on Concrete Slab) I 10.25' 10.65' 90ding Sign-No Trespass 53.92' 7e � Steel Found Steel Water Valve Vault Found Steel Culvert (0.0812 ) Bar (TYP Bar 112" 160.00'(M&R) _(0.12'iy) S89051'53"W 160.00'(M&R) Fire Hydrant (TVD.) NARRATIVE DESCRIPTION OF APPLICATION OF R. CLARK BENKENDORF AND JOHN E. BENKENDORF, AS LESSEE, AND SOUBRETTE OF ILLINOIS; LLC, AS OWNER, FOR A CONDITIONAL USE PERMIT BEFORE THE CITY OF MC'H.ENRY SOUBRETTE OF ILLINOIS, LLC owns 1.46 acres (Lot 5 in Tonyan's Industrial Park Unit No. 1) located approximately 0.2 miles east of the intersection of West Dayton Street and Illinois Route 31. R. CLARK BENKENDORF and JOHN B. BENKENDORF have entered into a contract for the purchase of the property from SOUBRETTE OF ILLINOIS, LLC and they are applying for a Conditional Use Permit for outdoor storage in conjunction with operating a landscape contractor's office. PUBLIC HEARING NOTICE F7LEZ- 7yy Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 p.m. on -,U- JPJV S , 2009 to consider an application by Soubrette of Illinois, LLC,as Owner, and R. Clark Benkendorf and John B. Benkendorf, as Applicant, for the following request,in accordance with the City of McHenry Zoning Ordinance: Application for a Conditional Use Permit for outdoor storage in conjunction with a landscape contractor's office. The property consists of 1.46 acres, more or less, and is located at 3966 W. Dayton, McHenry, IL 60050, which is legally described as follows: Lot 5 in Tonyan's Industrial Park Unit No..1, being a.Subdivision in the Northwest Quarter of Section 11, Township 44 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded April 13, 1977 as Document No. 691537, in McHenry County, Illinois. PIN(Property Identification Number) of subject property: 14-1.1-101-004 The property is currently zoned I-1. A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois.' John Howell Chairman, Planning and Zoning Commission Soubrette of Illinois, LLC and Benkendorf List of Owners of Abutting Properties P.I.N. ASSESSED TO: MAIL TO: 14-11-100-019 McKesson Medical Surgical Global Cypress Medical Products LP Sourcing, LLC, Attn: Counsel 1202 South Route 31 McHenry, IL 60050 14-11-100-020 Chroma Corp Chroma Corp 14-11-101-005 3 900 Dayton Street McHenry, IL 60050 14-11-101-003 John H. Kunath John H. Kunath 4004 Dayton Street McHenry, IL 60050 14-11-151-002 Pioneer Center of McHenry County Pioneer Center of McHenry County 14-11-151-012 4001 Dayton Street 14-11-151-013 McHenry, IL 60050 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: June 29,2009,Regular City Council Meeting RE: Conditional Use Permit to Serve Alcohol in Conjunction with a Restaurant for the property located at 3425 Pearl Street Applicant: George Schmidt ATTACHMENTS: 1. Ordinance granting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for the property located at 3425 Pearl Street 2. Unapproved Planning and Zoning Commission Minutes dated 6/18/09 3. Application Packet STAFF RECOMMENDATION: To accept the recommendation of the Planning and Zoning Commission and approve the attached ordinance granting a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant for the property located at 3425 Pearl Street Description of Request The applicant is requesting a Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant. Staff Analysis It is not uncommon for restaurants to serve alcoholic beverages and staff has no problem with allowing this restaurant to enjoy the same privilege as other restaurants. Recommendation The Planning and Zoning Commission unanimously recommended approval (7-0) of the Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. Staff recommends approval of the proposed Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant for the property located at 3425 Pearl Street. ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR THE PROPERTY LOCATED AT 3425 PEARL STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by George Schmidt requesting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for the property located at 3425.Pearl Street and legally described on"Exhibit A", attached hereto and incorporated herein (the"SUBJECT PROPERTY"), and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 18, 2009, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval(7-0) of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant. SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized; 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district,have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district; 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 1 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2009 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2009 MAYOR ATTEST: CITY CLERK 2 EXHIBIT A Legal Description of Subject Property 3 City of McHenry Planning and Zoning Commission Meeting June 18,2009 Chairman Howell called the June 18, 2009 regularly scheduled meeting of the City'of McHenry Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve minutes of the Planning and Zoning Commission as follows as presented: June 4, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: George Schmidt File No. Z-745 3425 Pearl Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-745, an application for conditional use permit to allow a restaurant serving alcoholic beverages as requested by George Schmidt for the property located at 3425 Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 2, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. In attendance was Applicant George Schmidt, who was sworn in by Chairman Howell. Mr. Schmidt stated he purchased for former Whale's Tail property approximately four years ago and has been working steadily to renovate it. He is now ready to open the Green Pearl Restaurant and is seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant. He stated he has initiated proceedings regarding securing a liquor license pending a recommendation from this Commission to the City Council regarding the conditional use permit. Deputy City Administrator Martin provided the Staff Report regarding this matter. He stated a conditional use permit is required for Mr. Schmidt to be able to serve alcoholic beverages to his Planning and Zoning Commission June 18,2009 Page 2 restaurant patrons. This site previously had a restaurant, and Staff supports the request as presented. Chairman Howell invited questions and comments from the Commission. In response to an inquiry, Mr. Schmidt stated initially the restaurant would serve lunches and dinners seven days per week and would be open between the hours of 11 a.m. and 10 p.m. He stated he might offer breakfast in the future which would require being open as early as 5:30 a.m. Responding to further inquiry, Mr. Schmidt stated the remodel of the building is fairly complete. He should be ready to open upon receipt of a Certificate of Occupancy following final inspection by the building department, and granting of the liquor license by the City Council. Question was raised as to possible carry-out of alcoholic beverages, particularly as the restaurant is in close proximity to Veterans Park and Fiesta Days events. Mr. Schmidt responded there would be no sale of packaged liquor and alcoholic beverages would not be sold to be carried out of the restaurant. He noted he might eventually provide carry-out food orders, however. It was pointed out that Mr. Schmidt does not live in the City, and inquiry was made as to his ability to hold a liquor license as a non-resident. Deputy City Administrator Martin responded the restaurant manager would have to be a McHenry resident as required by the liquor ordinance. In response to Chairman Howell's inquiry, there were no comments or questions regarding this matter from the audience. Motion by Nadeau, seconded by Ekstrom, to recommend to the McHenry City Council, that with regard to File No. Z-745, a request from George Schmidt for a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant located at 3425 Pearl Street, be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell, Morck,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the public hearing at 7:41 p.m. Public Hearing: Clark and John Benkendorf File No. Z-744 3966 Dayton Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:42 p.m. regarding File No. Z-744, an application for conditional use permit to allow outside storage in conjunction with a landscape I F FORM A File Number Z ' 7" PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,EL 60050 a Tel:(815)363-2170 c Fax:(815)363-2173 1. Name of Applicant li F,0� ti F Tel �7�zG- �7� Address 6 f 2 Fax Y14 L . (c,C)'o ( 0 2. Name of Property Owner (If other than Applicant) Address Fax 3. Name of Engineer Tel (1f represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address Eor Location of Property r 6. Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) _Zoning Variance-Minor mod—Conditional Use Permit _Zoning Text Amendment _Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: C, 0�Jk W,C- 12C- e- k( 77- P6, 57-A-VP2AA/7� sr2�i ►� coo C.iC �ir65 FORM A Page 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Property,Including Variances or Conditional Uses C - 4 9. Current Zoning Classification and Land Use of Adjoining Properties North: k s- Z/ . South: C - 4 East: West: l 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. ✓ 1. Application Fee(amount) ✓ 2. Narrative Description of Request ✓ 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application V 5. FORM C—Conditional Use Application 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application _V 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit ✓ 9. Plat of Survey with Legal Description _V 10. List of Owners of all Adjoining Properties V 11. Public Hearing Notice V 12. Sign(Provided by the City,to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that 1 am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) FORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 13 Tel:(815)363-2170 a Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or.other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. ,yr0 -;;a 3 'e'ff- 1c> "SCv 3. Neihborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. 77�� Tl/ter/L!�/iV�o ��U� //(%1 T'�D✓�� /lJ�/6'�/1�Oo� d-10o.1� FORM C Page I of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. uS c 4V, Z-G ,v521 eV&erG sf A/ Aloe GC IYS 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Ill C 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. �,C�pOo S era �S� S o�tl ,tiL�6A(/3p,rL Itoo� �' I`D (M�'eov����� 'T FORM C Page 2 of 2 R & R SURVEYORS LTD. Consuuc*n and Lend Surveyors P.O.Box 412 Waucalda,IL 60084 Tel.(847)526-1793 Fax(847)526-1794 PLAT OF SURVEY THE WESTERLY 50 FEET OF LOTS 2 AND 3 IN BLOCK 21 IN THE ORIGINAL PLAT OF MCHENRY,ON THE WEST SIDE OF FOX RIVER,A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 45 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JULY 6,1840 IN BOOK B OF DEEDS,PAGE 160,IN MCHENRY COUNTY,ILLINOIS. KNOWN AS:3425 W.PEARL,MCHENRY,ILLINOIS. Wood Bor WM woos Fas RrWd Clan sign Ford PAC Nd Ir O27 rL r 077 Foul """" 49.9T Meas. Moddearr O .00' Rec. O.,j'K t 1.14•W. Edp Wood Frnor r 0.0lr W.t 0W N. ralrw. '.LOT-3 z snxer a.p„r.'.... Port ;-` Uj eirrOiNa : P�.rldrp' N uJ Il V Wood V LOT-2 11.1 Carrot . . . _ Wrk M '"'Corr: r 0.17E LLJ C00rr Pal t�Pr Can 81oop t BMWMO-W W. f n • 3.82 • V • COnc r:� Ca 81o0p ..emF r0.trw. j. r tar W. b z•�� :. :.y: MCIsamW. graaC MD rOWW. Caro /2T r- Ar0A0'W. 2. 19' 6.1' AAr. a0ldrp Comr Ate'•: OAi0'Et61r& (yrt<E�rlarrd �.'T...�1'7 :.' AAcr0A16'W. o ergipCortrrr' '.��` .. r1A16'w. g.V E t 1.1e s. Faid. Can eC. 'ardirvf can erp. .. agorlsr a. w.k.�OMM NOW PEARL STREET 0 STATE OF ILLINOIS ) ORDER NO. 3003 COUNTY OF MCHENRY ) S.S. SCALE 1•/20' COMPARE OMPA G ALL SAME POINTS SSD AT JJo�y`G111ArWry�c�iG�� 1,ROY 0.LAWNICZAFC A REGISTERED ILLINOIS LAND SURVEYOR DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY ONCE REPORT ANY DIFFERENCES. O: ?v DESCRIBED IN THE CAPTION TO THE HEREON DRAWN PLAT AND �i REGISTERED `:� _ THAT THE FOREGOING PLAT IS A TRUE AND CORRECT REPRE- STRUCTURE LOCATED *:_LtWD SURVEYOR:*= SECTATION OF THE SAME.ALL DIMENSIONS ARE IN FEET AND �9p = DECIMALS PLACES THEREOF AND ARE CORRECTED TO A TEM- DECEMBER 3,2004 •..,.. �y PERATURE OF 62 DEGREES FAHRENHEIT. DATE //� nOn �� CARY,ILLINOIS DECE TE 3,2004 /7 DATE ILLINOVREGISTERED LAND SURVEYOR REFER TO DEED,TITLE POLICY,AND LOCAL BY 672.x' ORDINANCES FOR BUILDING RESTRICTIONS. ILLINOI GISTERED LANO SURVEYOR NO.2290 s F}:ON41,THE OFF_C L REAL L..S l_at.I L l A X Ili L ASSESSED TO SCHMIDT,GEORGE ELIZABETH lt'ILL.,C4 W. t E'v'V 1*i I�SI':�i.I�IE"�"I'C'f?I .P()!� .I':41�3F.��. FA �;C�i'J� RE UR :`t PIN: 09-26-461 001 � HF I it �NNIIIII�IIININN�I{IIIIIIIININ�INI{IaNIIIN�II��� MAIiL' C'IiE(:r.S RAl "BLI'.1-0: ',1a:;-Il:N-tip"(:0I.-\11'iCii.,T,FCT'(iR THIS IS THE ONLY BILL THAT WILL BE MAILED -- 1ST INSTALLMENT FOR 2008 DUE BY 06/04/2009 $3,231.27 INTEREST COSTS - SCHMIDT,GEORGE ELIZABETH TOTAL PAID ----- 682 S CIRCLE AVE PORT BARRINGTON 1L 60010 eti�ttntlt�ittttttnnttttt�et� 0986451001000032312715 0013W34 R --� - ----------------------------------------------------- ASSESSED TO: SCHMIDT,GEORGE ELIZABETH FRQhA tE r7Ef ti � �r �'AT'$ $ILA. W�LI_AM W Le'F W ' '. PIN: 09-26 451-001 A .ME "+Ii Iw1.IsO 1"= 1 MPIi �Ycou�rrYrrA8uR IIIIINl� IINIIIN(NN<IIII ��iIIIIIffNIIHIINI��III��� MAKE CHECKS PAYABLE TO.WHENRY COUNTY COLLECTOR THIS ISTHEDNLYBILL THAT WILL BE MAILE6 2ND INSTALLMENT FOR 2008 DUE 6Y 09/04/2009 j $3,231.27 SCHMIDT,GEORGE EUZA13ETH INTEREST 682 S CIRCLE AVE cows i PORT BARRINGTON IL 60010 TOTAL PAID --- 1 0926451001000032312728 PAID BY:CHECK CASH MAIL ------------------------------------------------------------------------------------------------------------------------- ----� Taxin Body Rate Percent Tax This Year Tax Last Year " PLEASE NOTE " Fair Cash Value You may be eligible for the Senior Citizens and 274,806 :HENRY COUNTY 0.639746 9.09 $419.39 $415.03 Disabled Persons Property Tax Relief and SIA Value HENRY COUNTY PENSION 0.061674 0.87 $40.43 $35.40 Pharmaceutical Assistance Act. Applications are 88,719 :HENRY CO CONSV 0.173181 2.45 $113.52 $113.93 available from the Illinois Department of Revenue. WA Multiplier X )LLEGE DISTRICT 528 MCC 0.268630 3.81 $176.10 $170.97 MCHENRY COUNTY 2008 REAL ESTATE TAX BILL 1.032600 )LLEGE DISTRICT 528 MCC PENS 0.000010 0.00 $0.01 S1.70 LEGAL DESCRIPTION: :RODE DI5T 15 2.778530 39.35 $1,821.46 S1,738.20 SIA Equalized Value ;HOOL DIST 15 PENSION 0.105100 1.49 $68.90 $56.24 DOC 2006R0009003 NWLY 50FT LTS 91,602 ;MODE DI5T 156 1.533230 2t.73 51,005.11 57,002.01 LK 21 W SIDE FOX RWER CITY OF ;RODE DIST 156 PENSION 0.025733 0.38 f16.87 $15.27 8rd,of Review Value :HENRY FIRE DIST 0.408540 5.79 - - $257.32 - - $263.01 ASSESSED TO: _ 91,602_._, '.HENRY LIBRARY 0.21W70 3.06 $141.64 f13e.98 SCHMIDT,GEORGE ELQABETH Brd of Review Multiplier X :HENRY TIF 0.000000 0.00 $1,637.62 $1,588.12 MAIL TO: 1.000000 :HENRY TOWNSHIP 0.117630 1.67 $77.11 f75.72 SCHMIDT,GEORGE ELIZABETH Brd.of Review EQ Value :HENRY TWP RD&BR 0.213560 3.03 $140.00 $137.47 682 S CIRCLE AVE 91,602 :HENRY CITY 0.346000 4.90 5226.82 f222.76 PORT BARRINGTON IL 60010 Home ImprovJVat Exemptions :HENRY CITY PENSION 0.167400 2.37 $109.74 $107.77 0 State Multiplier X If dI#aY� eIII 1.000000 ... t�5..3Ta - State Equalized Value = 4i t F �tF1�T 91,602 Farmland&Bldgs.Value + tlfl94 ;i xt 1, t�sr r i }p� tl. 0 101013.lip .$ Total Amt.Prior to Exemptions 1t1.GSTHR{1T_AX$ALE,'; f3.522.05:.:_ ,f3 -:68 91,602 PIN - ! Annual Homestead Exemptions - 09-26-451-001 0 Township Tax Code Property Class Sr.Freeze Abated Amt. - 0 McHenry Township 09T02 0060 Elderly Homestead Exemption - Sub Lot Acres 0 0.00 Disabled Vet Homestead Etr - tst Install 2nd Install 0 $3,231.27 $3,231.27 Disabled Person Exemption Interest Interest 0 Returning Veteran Exemption - Costs Costs 0 Net Taxable Amount = 91,602 Total Paid Total Paid Local Tax Rate X 7.056014 Due By Due By Total Current Year Tax Due = 06AW2009 09l0412009 $6,462.64 �,` �1r �1! Ji/r -^'�.~ 1 ;� 1 _ +i• .l i� `11f1 p J!'- _- _ r,r ;.,, ` `-•.,..+; h � , �- _� i -fir -: �' '���.,� J "t1 t• ; CO -013 C 1 �'•-�1 ~�._ ~� Ji C, i lr `049,F ~r V / ry '`-- •.•�_ ~ -015 •�%�ai+s -016 Public Sq i 09 -017 -01E i ! 5�- r` J 005 '14 --r1�7 r7�, j i +4• t -a� ` ;_ 172 `Q05`� ( �`- +>T•��� i; f' ...i t �I � fi i•, e_ ��r � it � ^-•_. J J; r� C7 ;� 1;+'��._� � ? t: ,1 '�r.-•-' J ' �' 1 ��"�. f r ++r J r+ q J 4 J' I-"'—'� �:1:,;=128�' 1 J�~-'.•--� J;• ---,. �- _ i�! !r—`` it - - - Copyright County of McHerir)+2009 A information is provided' as-is�withr no guaranteee,of,,a2euraoy,+cornpleteriess o rrenbp r 6fe6966e5657 Parcels _..__ .. --.............._ __... _ --PIN Site Site Owner Mail To Name Mail To Address Mail To ! Mail To City ' Deeded Document# Address 1 Address 1 Address 2 `Acres Street ? City 09-26- 3Sd2 DONALD J DONALD J 3517 W1 MCHENRY, IL n/a 571647 _ W 405- NANCY L BLAKE NANCY L JOHNSBURG 60050 I 021 BLAKE RD ! { 09-26- 1402 I MCHENRY, PETER KELLI PETER KELLI ' 1402 N GREEN I MCHENRY, IL n/a 2008R0059976 I 406- GREEN IL WORRALL I WORRALL 1ST 1 1006 ST j600504463 } �09-26- 1401 MCHENRY, MCHENRY CENTURY F CENTURY 3723 W ; MCHENRY, IL r n/a 96R050483 I 406- COURT IL STATE BANK PROP 1401 ' PLAZA ELM 160050 012 ST I z 09-26- 13 WILLIAM W JR& WILLIAM W ; 6320 OJIBWA ; MCHENRY, IL i n/a 844192 1408- J JANE A BUSCH [JANE A BUSCH ; LN 160050 1 009 09-26- 1309 MCHENRY, INITIAL REALTY INITIAL 1309 N GREEN _ MCHENRY, IL `—�n/a 2006R0028887 i w i 408- GREEN IL SVCS INC REALTY SVCS i ST 1 160050 010 ST _ INC 09-26- 11307 +MCHENRY, VICTORIA REV VICTORIA REV 11307 N GREEN ' MCHENRY, IL - n/a ' 2008R0031949 408- GREEN IL LIV TR LYNN LIV TR LYNN ST 60050 1011 ST j 09-26- 3510 ELM MCHENRY, MCHENRY 1ST MIDWEST ATTN ACCTS PO BOX ITASCA, IL 60143 i --- n/a 570321 408- IL ; STATE BANK BANK NA i PAYABLE MGR i 4169 ; E 027 09-26- 3425 MCHENRY, GEORGE GEORGE +rI682 S CIRCLE j PORT I n/a 2005R0009003 451- 1PEARLS1 IL ELIZABETH ELIZABETH 1 AVE ` 1 001 (SCHMIDT ( ; BARRINGTON, IL SCHMIDT .. _ .... 60010 -- ' 09-26- 34ZI C BARR 1ST NA- CENTURY CENTURY 3723 W MCHENRY, IL n/a 898526 451- BANK PROP 3421 ! PLAZA ELM ; 60050 I 002 �C�n 1 _�� i 09-26- 1306 MCHENRY, ELJB LLC ELJB LLC 1306 N GREEN MCHENRY, IL n/a 2006R0047752 451- GREEN ! IL ST 1 160050 " 1 003 ST --[ �-_ - - 09-26- MCHENRY CITY MCHENRY 333 S GREEN j MCHENRY, IL n/a 96R057862 I 004 OF CITY OF ST j 60050 I 09-26- (- -- JOHN MILLER JOHN MILLER ; 310 N TIMOTHY i MCHENRY, IL n/a 200 ' 00978721 007451- 1LN 60050 1F ................. ...................... ................................................ ................. 09-26- ;WILLIAM 1 WILLIAM 110015 GOLF RICHMOND, IL ; n/a 2002R0068839 j Figure 4. Affidavit of Compliance AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant's Name and Address) For approval of- (Requested Action) A,!6) ON4 4 e- (Applicant's Signature) (Applicant's Name and Address) Subscribed and sworn to before me this day of 2008. Notary Public PUBLIC HEARING REQUIREMENTS Page 8 PUBLIC HEARING NOTICE FILE Z- Notice is hereby given that the City of McHenry Planning and Zoning Commision will hold a Public Hearing at The McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 P.M. on June 18,2009 to consider an application by George Schmidt, 682 S. Circle Ave. Port Barrington I1. 60010, for the following reason, in accordance with thw City of McHenry Zoning Ordinance; a conditional use permit to allow a serving alcoholic beverages The property consists of .15 acre [ 6600 sq. ft] and is located at 3425 Pearl, McHenry, 11.60050 which is legally described as follow: The westerly 50 feet of lots 2 and 3 in block 21 in the original plat of McHenry, on the west side of Fox River, a subdivision of part of the southeast quarter of section 26, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded July 6, 1840 in block B of deeds,page 160, in McHenry County. Illinois PIN #09-26-451-001 The property is currently zoned C-4 A copy of this application is on file and may be examined during regular business hours in the City Clerk's Office, at McHenry Municipal Center, 333 South Green Street, McHenry , Illinois 60050, [815] 363-2100. All interested parties will be given opportunity to be heard.Published by order of the Planning and Zoning Comission, City of McHenry,McHenry County, Ilinois. John Howell Chairman, Planning and Zoning Commission ofN Xp Pr,-R,77Y 4-2,6 . 34�/ Pc-*Ace �pi t T,o 4Sl o DZ ' NA'Tt o���- 3-7 Z 2WE-f-M - I°'tC"6'me'?, /l.6voi o' aq Nk i(C�►�Iue.{ tZ , ,60© o - 2 13 Sv E.L LL G t3 orvG'2ce+�► `-: sl nO� CKCN�� dL. 6opSo MC ifEWOV- IL . C,Oo ,i o MC IC, 4-005o WOU RLL 1'' flrlije-V tC. q^ 2 35o2. PFAP- - � LLD '�i-7 W .. O+NS FL&J RD loos OZI KC Kt t-'a-� I L. POOS-0 y gEKE Mc Q�Q bo p SR tot mc. ?te- P-� tt . 6aof8 AWE Mc.m;Nu I IL . Y p (k.I tiC Q- 26 t3pR �'.' �� JNtitkt. P�A•�i`( �3o��/'CQ-c�u �. {1$ niP MC-NtNP- { r(C, L- i1600,3o 45 C,S� q- 0`7 w.�; 7 vJ . " p�_ ptG WV -I,,- � �S � i R & R SURVEYORS LTD. Ca ulrucdw and Lend Surveyors P.O.Box 412 Wauaonda,IL 60084 Tel.(847)528-1793 Fax.(847)526-1794 PLAT OF SURVEY THE WESTERLY 50 FEET OF LOTS 2 AND 3 IN BLOCK 21 IN THE ORIGINAL PLAT OF MCHENRY,ON THE WEST SIDE OF FOX RIVER A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26,TOWNSHIP 45 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JULY 6,1840 IN BOOK B OF DEEDS,PAGE 160,IN MCHENRY COUNTY,IWNOIS. KNOWN AS:3425 W.PEARL,MCHENRY,IWNOIS. woos Boa ww wood Fmo Rralmd MeW SW Fond Px Ng I0 om K r Fond in RA 49.9T Meas. v mr am r"EE .UU'Rec. Wood Fumrorr r Eop or +.. 01w W.a oas rr. 1 ra+rw. LOT-3 ' `. .. ,Wmd.. LV 2- N kh SURD" Uj mm Wood N LOT-2. D" ' w.k n 'Cores Buidro Comer Caorr Pat : ':;I%" Corn&oop a N ra+aE arp.An0.WW. A 3 97 V 'Carw' Corn sloope�P ismw W. . Conn Cub Is 1.77 W. b y.gTgry y-;:' MCr0.64'W. 73 r acx r.'. Aro r o.W W. Arc r 0.W W. BLdk*V Comw _ _ 6.3' •� 0.w E i a1T& ohm 6rdoeed �..T. �,1.0' AAC is OM W. 0 Addam� ti:..'�. Caw Curb Bumv Comer is? Is 1ae'W. 0.3TEi+.18 S. Caw amps Found,;.:Dona'?. f.'... � Fous PEARL STREET >~ STATE OF ILLINOIS ORDER NO. 3003 COUNTY OF MCHENRY ) S.S. SCALE 1 Y20' COMPARE ALL POINTS BEFORE �o�uwna°uuonvavv 1,ROY G.LAWNICZAK,A REGISTERED ILLINOIS LAND SURVEYOR BUILDING BY SAME AND AT �``�G•LAWA, "k?? DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY ONCE REPORT ANY DIFFERENCES. ,►Off: ?y°� DESCRIBED IN THE CAPTION TO THE HEREON DRAWN PLAT AND REGISTERED ':� THAT THE FOREGOING PLAT IS A TRUE AND CORRECT REPRE- STRUCTURE LOCATED 2 k LAND SURVEYOR *= SECTAT10N OF THE SAME.ALL DIMENSIONS ARE IN FEET AND 2M DECIMALS PLACES THEREOF AND ARE CORRECTED TO A TEM- DECEMBER 3,2004 i�9T.. \..x) PERATURE OF 62 DEGREES FAHRENHEIT. DATE ii OF IV V /7 �� °j"ivv»wmm"TAV00 CARP,ILUNOIs DECEMBER 3,2004 V[oy, DATE IWNOI GISTERED LAND SURVEYOR REFER TO DEED,TITLE POLICY,AND LOCAL BY ✓4�f ,X. dg� ORDINANCES FOR BUILDING RESTRICTIONS. ILLINOIS4REGISTERED LAND SURVEYOR NO.2290 v AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: June 29, 2009 Regular City Council Meeting RE: Request for Class A Liquor License from Green Pearl, Inc d/b/a Green Pearl Bistro and approval of the attached Ordinance increasing the number of Class A liquor licenses from 25 to 26. George Schmidt, President of Green Pearl, Inc. is requesting a liquor license for the new Green Pearl Bistro located at 3425 Pearl Street and former site of the Whale's Tail restaurant. Mr. Schmidt met with the Mayor, he and his restaurant manager have been fingerprinted by the McHenry Police Department, and all associated fees have been paid to the city. Recommendation: It is the recommendation of the Mayor to approve the request for a Class A Liquor License from Green Pearl, Inc. d/b/a Green Pearl Bistro conditioned upon a satisfactory fingerprint report and all employees involved in the sale and/or service of alcohol obtain BASSETT certification. CITY OF MCHENRY License No. APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received CITY OF MCHENRY LIQUOR CONTROL Date Effective ORDINANCE Receipt Issued On 2009/2010 RENEWAL D TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. / (� Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE NO.: Green Pearl Bistro 3425 Pearl Street McHenry, IL 60050 (815) 354-8305 1. Please indicate form of ownership:CORPORATION X PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: 2. Corporation Name: Green Pearl, Inc. Corporate Address: 3425 Pearl Street McHenry IL 60050 Corporate Phone Number. (847) 516-0299 3. State of Incorporation: Illinois 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: 6. Applicant's Full Name: Social Security No.: - Date of Birth: Residence Address: 7. Home Phone: (847) 516-0299 Business Phone: (815) 354-8305 8. Citizen of U.S.? Yes If a naturalized citizen,when and where naturalized? May 1987 in Chicago Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest: (6)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent: Owner George Schmidt 682 S. Circle Drive, Port Barrington, IL 60010 (847) 516-0299 Owner Elizabeth Schmidt 682 S. Circle Drive, Port Barrington, IL 60010 (847) 516-0299 Registered Agent: George Schmidt 682 S. Circle Drive Port Barrington IL 60010 (847) 516-0299 2009 PAGE TWO 10. (A)If Applicant and Local Manager are not the same,give name,address and telephone number of Local Manager: Katarzyna Stypulkowska 3506 Pearl Street McHenry, IL 60050 (815) 354-8305 B)Local Manager's: Date of Birth: 07/17/1980 Place of Birth: Biatystok, Poland Citizen of U.S.;Yes, 11. (A)Principal Type of Business: Restaurant Naturalized March 2006 In Chicago 12. (B)What is current zoning for this property? C-4 Downtown Commercial 13, Type of License Sought: Class G-1 License 14. Date on which business was begun at this location: Incorporated 2-4-9/not yet open 15. Does applicant own premises for which license is sought? Yes. If not,state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital,home foraged or indigent persons or for veterans and their families or any military or naval station? No. A. if answer to the above is"YES",is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? if yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations(may attach supplemental sheet).None 19, Give applicant's Retailer's Occupational tax(ROT)Registration Number: #3953-9008 20, Are you delinquent in the payment of the Retailer's Occupational Tax(Sales Tax),and if so,the reasons therefore: 21. If this application is for a new license or a transferred license,attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. 22. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. The David Agency Insurance, Inc., 385 N. York Road, Elmhurst, IL 60126-2343 23. Describe parking facilities available to the business: 15 private parking places, 5 public places in front of business, various other public parking on side streets near restaurant. 24. Are you familiar with all the laws of the United States,State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? Yes. 25. Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes. 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place?Yes. 27. Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? No. if answer is "YES", give particulars: 28.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership, any of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? NO. answer is"YES",explain: 29. Have you, or in the case of a corporation,the owners of 5%or more shares of the corporation and the local manager,or in the case of a partnership,any of the partners,ever been convicted of either a felony or a misdemeanor? No. If so,please describe: 30.Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor, alderman, and member of any City commission,committee or board)? No. If so,please state name and address of such person: 2009 PA GE THREE 31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation, list same information for each partner and the local manager—(please attach). See attached. 32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more sharps of the corporation and the local manager)? No. If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation,has any officer,manager,or director thereof;or,any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? No 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes. 35, Have you,or any partner,or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revoked or suspended? No 36, If so,give all details,including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time, 4, Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or(b) alcoholic beverages in non-original containers,such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code,to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees an the licensed premises. x*iek*****k*•k**•k*x*irk**x*********x*!e*+tk*****k******'k********h*A******'M***k**iriYrk*!r**F************xft4:tfntYtl4+n*******;k*******R**,k***************�.k*yth*****x*****X*f:hrtRrs* 2009. PAuEPOUR AFFIDAVIT STATE OF ILLINOIS ) }ss COUNTY OF MCHENRY } 1,the undersigned,being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this day of 20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and sworn to before me this day of 20___. NOTARY PUBLIC CORPORATION: (Authorized Agent of the Corporation) Signature /11 George Schmidt Print Name Title --------- --------------- OFFICIAL SEAL Subscribed and sworn to before me this JENNIFER L IFTNER NOTAXY PU IC-STATE OF ILLINOIS MYCq iNbilO11XP 6S:81vO7nZ e da of April 2009 NOTARY PUBLIC MANAGER: Signature of Ycal Manag r Subscribed and sworn to before me this OFFICIAL SEAL G'`` day Or Aril 20 09 JENNIFER L IFTNER NOTARY PUBLIC-STATE OF ILLINOIS ' - MYCOWASSIONEXPIRES:09107112 NOTARY PUBLIC 2009 ORDINANCE NO. MC-09- AN ORDINANCE Increasing Class A Liquor Licenses [George Schmidt-Green Pearl] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS, as follows: SECTION 1. Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class"A" Liquor Licenses from twenty-five to twenty-six. 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 29th day of June,2009. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: June 29,2009 City Council Meeting RE: Supplemental Groundwater Protection Ordinance Background. In 2004, a Supplemental Groundwater Protection Ordinance was enacted by the city prohibiting wells within an area south of W. Elm St., west of Green Street, and north of Boone Creek. The area was established as part of a remediation plan for soil contamination at the corner of Elm St. (Rt. 120) and Richmond Rd. (Rt. 31). Mr. Don's Cleaners,located at 1207 N. 3rd,has been working with Northern Environmental to address the presence of some chemical constituents in the ground near the business. The constituents are commonly found in areas where commercial uses of this nature are located. As part of the remediation process, the Illinois Environmental Protection Agency(IEPA)has requested the expansion of the original Groundwater Protection Ordinance to include additional area north of Waukegan Road, south of W. Elm St., and west of Boone Creek as depicted on the exhibit attached to the proposed ordinance. Analysis. Per city records, there are no wells in existence within the proposed protection area and the municipal water supply is already serving the proposed area. As such,the expansion of the Groundwater Protection Area to include the proposed properties will not place a hardship on any property owner. Staff supports passage of the ordinance expanding the protection area to include the identified properties. Recommendation. Staff supports approval of the attached ordinance expanding the Groundwater Protection Area to include all properties south of W. Elm St.,north of Waukegan Rd. and west of Boone Creek as depicted on the exhibit attached to the proposed ordinance. ORDINANCE NO AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A CERTAIN AREA IN THE CITY OF MCHENRY WHEREAS, certain properties in the City of McHenry, Illinois (the"City") along P Street, between Elm Street and Waukegan Road have been used over a period of time for commercial/industrial purposes; and WHEREAS,because of said use, concentrations of certain chemical constituents in the groundwater beneath certain portions of the City may exceed Class I Groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties affected by the said chemical constituents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS: Section One. Use of groundwater as a potable water supply prohibited in specified area. The use or attempt to use groundwater as a potable water supply from within the area shown on Exhibit A and more particularly described on Exhibit B, both attached to and made a part of this ordinance,by the installation or drilling or use of wells or by any other method is hereby prohibited, including at points of withdrawal by the City. Section Two. The prohibition on the use of groundwater applicable to the City. The prohibition contained in Section I shall also apply to the City. Section Three. Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to $500.00 for each violation. Section Four. Definitions. "Person"is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association,joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water"is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. Section Five. Memorandum of Understanding. The Mayor of the City of McHenry shall have the power and duty to enter into Memorandums of Understanding with the Illinois Environmental Protection Agency("Illinois EPA") and other agreements or contracts with other governmental entities, as may be or as become necessary to implement the spirit and intent of this Ordinance. Section Six. Superceder. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. Section Seven. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section Eight. Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and Approved this day of , 2009. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Signed: Mayor Attest: City Clerk CnMiERCI.il I'RUPER'IY :. ^I - CONIAIERCUL. NR PER Y . t:VAIAIERI;W, nw� / 1 f YRUYh.R IYV / O w STRE�� w ... x / / A •`F � � coAl o-eclAl YRoeeR ry as oo ! a , � , dY H [ x3 1 RE.ti1DE.\TL\L / �/ •��a YRl1YY.X IY � ` J 3Be.0 rrW IVA f V I REM DE\'TLll. PR()PE0.TY' / "WN I STR EET RESIDh:\'I Lil. I PRt]PERTY" LEGEND AL Northern Environmental Hydnl glsh•Engineers•SOmy—.Sri-ftt, GROUNDWATER USE GROUNDWATER USE RF.MEDIATION SITF, 85 Revere Drive Suite H,Northbrook,Illinois 60062 ORDINANCE AREA ORDINANCEAREA BOUNDARY SCALE IN FEET Phone:888-680-8101 F-847-562-8552 AREA SUBJECT TO EXISTING 09-26-379-016 PROPER?Y TAX ID# 60 0 60 120 wISOONSIN ♦ MINNESOTA W ILLINOIS .. IOWA MR.DON'S CLEANERS GROUNDWATER THISORAWTNGMDA IWORWTIONCONTNNEDMOEONISTHEPROPERTYOFNCftT1 M 1207 NORTH 3RD STREET ORDINANCE#ORD-04-1230 ENVIRQVILMALINCORPoRATEDPNDSN WTBEREPROgICEDORUSEDIXCEPTFORTHE MCHENRY,ILLINOIS PURMSE FM MICH IT IS IXFRESKY FURNISNEO. 'PARCEL INFORMATION FROM h[CHENRY COUNTY GIS DATE: OS/22/09 DRA14N BY: MSM REVISED: 05/27/09 PROJECT NUMBER: 100-1242 FIGURE 1 Exhibit`B" The properties subject to this ordinance are as follows: All properties bounded by Elm Street(Illinois Route 120) to the north, 3rd 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 3rd Street to the west. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: June 29, 2009 Regular City Council Meeting RE: Well#2 Rehabilitation ATTACHMENTS: Water Well Solutions proposal Background. Well #2 is one of two wells that provide raw water to Water Treatment Plant #1 located on Green Street. The well was put into service in 1960 with an original pumping capacity of 800 gallons per minute (GPM). The last well rehabilitation occurred in 2006 using acid treatment and air bursting with very limited success only yielding 400 GPM. A new pump and motor were also installed at that time. Currently well#2 is producing 250 GPM. Analysis. Water Well Solutions' proposal recommends a high rate injection process (Hy-RIP). This process injects high rates of national sanitation foundation (NSF) approved chemicals into the well, removing any mineral and biological buildup which enables additional water production capacity in the well. This process was used successfully on wells#5, #6 and#8 which are all now capable of producing more water than when they were first installed. Water Well Solutions is the sole provider of this Hy-RIP process. Other treatment options such as sonar blasting, acid treatment and air bursting were performed on other city wells with limited short term success. The proposal also includes installing a water level pressure transducer which enables continuous monitoring of the water level in the well through the Water Division's SCADA system. The 2009-10 Water Division Budget includes $55,000 for well rehabilitation. Recommendation. Staff requests approval of the sole source service provider for performing the high rate injection process and installation of a water level pressure transducer to well #2 from Water Well Solutions in an amount not to exceed$30,969.00. Water WO 5aludans June 8, 2009 Mr. Mike Palmer City of McHenry Public Works Facility 1415 Industrial Drive McHenry, Illinois 60050 RE: Well No. 2 Dear Mike: Water Well Solutions is pleased to submit a proposal to perform well treatment services on the City's Well No. 2. As discussed, we are proposing to perform a two step High Rate Injection Process (Hy-RTP) on the well to increase the specific capacity by thoroughly removing any mineral and biological buildup from the formations and well screen. The process utilizes a custom blend of NSF approved chemicals that are mixed and injected into the well at rates of up to 4,000 GPM. The high rate of injection forces the chemicals to the plugged zones so the blockages can be broken down and flushed from the well and surrounding formation. This process has been extremely successful on both Well No. 5, 6, and 8 in the City of McHenry. We feel these same types of results will be ohtained on Well No. 2. After a thorough review of the data on the well we have determined the following: Well No. 2 was constructed in 1960 to a depth of 36 feet in a sand and gravel aquifer with 20 feet of 16-inch .l 25-inch slot stainless steel well screen gravel packed in a 42-inch borehole. The initial specific capacity of the well was reported to be 37.2 GPM/Ft. of drawdown while pumping at 800 GPM. In 1969 the well was treated and the specific capacity increased for a pre-treatment level of 22.4 GPM/Ft. of drawdown to 169.2 GPM/Ft. of drawdown. Since this time the well has never achieved a specific capacity of higher than 90 GPM/Ft. of drawdown with the typical post treatment specific capacity of around 60 to 70 GPM/Ft. of drawdown. In 2006 the well was treated again with a final specific capacity of 25.08 GPMIFt. of drawdown. Outlined below is an outline of the proposed treatment processes for the+we well#: l. Mobilize to the site and pull existing pumping equipment from the well. 2. Bail any fill from well. 3. Wire brush the well screen and bail fill from the welts. 4. Install a submersible test pump with a fabricated steel injection head to allow for injection of chemicals around the test pump. Water Well Solutions Illinois 17ivision, 1:LC*$415 Pine B1ufrRoad *Coal City. 11.004I6 Toll Free:(888)769-9009 0 Fax:(920)474-4771 *Web:www.%v%vssg.cwn j Mr. Mike Palmer ! City of McHenry Pabe 2 of 3 5. Treatment Application No. 1- Mix 500 gallons of Muriatic Acid in 500 gallons of water containing 10 gallons of WD-3000 hio-dispersing agent 6. injject chemical solution at the nuaximuni rate and allow the chemicals to stand for I hour after total displacement. Following the one hour idle time the chemicals will be surged and re-injected inr 4 hours Ihcm pumped to waste while being neutralized with hydrated lime. 7. Perform pump test to determine results of first application of chemicals. 8. Treatment Application No. 2- Mix and inject 200 lbs. of MP-4020 dispersing agent i n 2000 gallons of water followed by 18,000 gallons of 500 ppin chlorinated water with 15 gallons of BD-2000.) 9. lnjcct chemical solution at the maximum rate followed by surging and re-injection for 4 hours then pumped to waste. 10. Perform a final pump test on the well to evaluate the results and remove injection equipment The test will be performed for 4 hours at a predetermined maximum rate. It is anticipated the rate will be 500 to 600 GPM. 11. Pull test pump and injection equipment. 12. Bail any fill from the well that may have accumulated during the treatment. 13. Perlbrrn down hole video inspection to detenmine the results of the cleaning process. 14. Install permanent pumping equipment with new airline. 1"PVC stilling tube for pressure transducer, level transducer,cabling to panel near well, Trident processing unit and inoisturc control device. 15, Perform final disinfection and pump test at 0, 250, 500 and maxiinum GPM for 15 minutes each rate. Outlined below are the costs to perform the scope of work outlined above: • Mobili•ze to site.......................................................................................$3,000.00 • Set up and pull pump. .............................................................................$2,980.00 • Pcrforn downhole color video inspection of wel l after treatment .........51,400.00 • install test pump and perform two step Hy-RIP treatment on well......$17.200.00 • Labor and material to reinstall puilip, disinfect and test.........................53,845.00 • PMC level pressure transducer with 100 feet ol'cable, moisture control device, Trident processing unit for mounting in the existing well panel and 1-inch schedule 40 PVC stilling tube mounted to the 6-inch drop pipe for installation of Iransducer................................................................................................$2,404.00 • TWO new airlines with gauge ....................$140.00 Total Cost(Assuming No Pump Repairs)........$30,969.00 .1 1lN171C,).S''A77L11111inoi.lA4cll+•ni yIWAYL Pob_02ILeff rs c@ E-wniA06080911y-1?1Ph*riposn1 RAW[.doe Vir. Mike Paltrier City of McHenry Page 3 of 3 Since the pumping equipment was installed new a little over two years ago we are assu►ning little if any repairs will he required to the equipment. If the City would elect to increase the pump capacity of the pump based on the results of the treatment the cost to replace the single impeller and install a new wear ring in the pump would be$1,425.00, including labor, material and shipping. The project will require about 1 week to complete once it is started. Based on our current schedule we could begin in about 1 to 2 weeks. Water We]I Solutions is looking forward to providing these water supply services for the City of McHenry. If you have any questions or would like to schedule the work,please � do not hesitate to contact us at(888) 769-9009. Very truly yours, g ELL SOLUTIONS ILLINOIS DIVISION, Ll_C L.. Ksident Enclosure I .r:VNI'l13).1'7;1:7i.4Jrlirr•i.�l,1dr1lr•nr11ATI.l.Na !!_ii cOerx c,!:-anr?0060 09 Ur RIP Prnpaval HEY'I.doc