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HomeMy WebLinkAboutPacket - 03/06/2006 - City Council City of McHe4ry 333 South Green Street , www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Mayor's Office AGENDA (815) 363-2108 REGULAR CITY COUNCIL MEETING Fax (815) 363-2119 Monday, March 6, 2006, 7:30 P.M. Clerk's Office (815)363-2100 Fax(815)363-2128 1. Call to Order e Administration 2. Roll Call (815)363-2108 Fax(815)363-2119 3. Pledge of Allegiance Public Works 4. Public Input Session — 10 Minute Limitation Community Development 5. Consent Agenda: (815)363-2170 A. Approve City Council Minutes: February 20,2006, February 13,2006,December 19,2005, Fax(815)363-2173 December 12, 2005, December 5,2005, November 21,2005,November 14,2005, October Parks and Recreation 3, 2005 and, August 29, 2005; (815)363-2160 B. Recommendation to release letter of credit for the Northgate West Development contingent Fax(815)363-3186 upon receipt of a construction guarantee in the amount of $5,250 and a maintenance guarantee in the amount of $230,137.12; Police Non-Emergency C. Parks and Recreation Special Use/Picnic Permits; (815)363-2200 D. Ordinance authorizing the donation of surplus property to the Village of Johnsburg and Village Fax(815)363-2149 of McCullom Lake; and E. 2006/2007 Lease Agreement with D's Marine Service, Inc. - 3302 W. Waukegan Road. Mayor 6. Request from Kiwanis Club of McHenry to block certain portions of Green Street and to direct Susan E.Low city staff to assist in the Fourth Annual Soap Box Derby Event on Saturday, June 17, 2006 City Clerk 7. Request for Class F1 Liquor License from Corkscrew Pointe, Inc. d/b/a Corkscrew Pointe, 1402 Janice C.Jones North Riverside Drive and approval of ordinance increasing the number of Class F1 liquor licenses from three to four 11reasurer David M.Welter 8. Request for a conditional use permit for a drive-thru facility at 2182-2210 West Route 120 Aldermen 9. Recommendation to waive bid requirements for Riverwalk Phase I boulder and bedding WARD 1 installation and enter into a contract with Alliance Contractors, Inc. for $84,363.50 Victor A. Santi 10. Addendum No. 1 to Engineering Services Agreement with Smith Engineering Consultants, Inc. WARD 2 for Water Storage Tank No. 4 construction services in the amount of $20,092.50 Andrew A.Glab 11. Mayor — Statement and Reports WARD 3 Jeffrey A. Schaefer 12. Committee Reports WARD 4 13. Staff Reports Steven C.Murgatroyd 14. Future Agenda Items WARD 5 Richard W.Wimmer 15. Executive Session: Collective Bargaining WARD 6 16. Adjournment Robert J.Peterson WARD 7 Posted and Mailed: March 1, 2006 Geri A.Condon CONSENT AGENDA The Consent Agenda for the March 6, 2006 City Council meeting consists of the following items: A. Approve City Council Minutes: February 20,2006, February 13,2006,December 19,2005, December 12, 2005, December 5, 2005, November 21, 2005, November 14, 2005, October 3, 2005, and August 29, 2005; B. Recommendation to release letter of credit for the Northgate West Development contingent upon receipt of a construction guarantee for $5,250 and maintenance guarantee for $230,137.12; C. Parks and Recreation Special Use/Picnic Permits; D. Ordinance authorizing the donation of surplus property to Village of Johnsburg and Village of McCullom Lake; and E. 2006/2007 Lease Agreement with D's Marine Service, Inc. - 3302 W. Waukegan Road. Attachments REGULAR MEETING FEBRUARY 20, 2606 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 20, 2006 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, Assistant City Administrator Martin, City Clerk Jones, City Attorney McArdle, Director of Community Development Napolitano, Director of Public Works Marcinko, Community Relations Management Assistant Hobson, and Director of Finance Shields, Director of Parks and Recreation Merkel. Absent: Chief of Police O'Meara. TEN MINUTE PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. City Council Minutes: a. January 30, 2006 regularly scheduled meeting; b. February 6, 2006 regularly scheduled meeting; B. BeerMine and Parks Special Use Permit Requests; C. Resolution of Support for Centegra's Application to the Illinois Health Facilities Planning Board for a New Open Heart Surgery Program at NIMC; D. Request from McHenry Area Youth Commission for Waiver of Fees for Summer Program at Petersen Park Beach; E. Request for Authorization to Issue Request for Qualifications for Aerial Fireworks Display for.the Jaycee's Independence Day Celebration; F. Authorization of Repairs on Public Access Piers at the Riviera Marina for an amount not-to-exceed $2,837; G. List of Bills for Approval: A-ABLE ALARM SERVICE INC 256.23 AARON-LAKINS HCME DECO 30.00 ACCUCUT 101.00 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,131.55 ACME BRICK & SUPPLY CO 30.50 ADAMS ENTERPRISES INC, R 1,425.58 ADAMS OUTDOOR POWER EQUI 299.03 ADAMS STEEL SERVICE INC 110.63 ALEXANDER LUMBER CO 392.94 AMERICAN HERITAGE BUILDE 90.75 AMERICAN PLANNING A$SOCI 69.75 AMERICAN RED CROSS OF GR 31.50 AMERICAN WATER WORKS ASS 518.00 ANDERSON TREE SERVICE IN 3,645.00 ANDERSON, KEN 41.00 ARA14ARK WORK APPAREL & U 1,114.52 ASSURED FLOW SALES INC 892.01 B AND H INDUSTRIES 131.76 B&W CONTROL SYSTEMS INTE 9,007.09 BAGGO 139.40 BARTOLAI, MICHAEL J 60.00 February 20, 2006 Page 2 , .. BAXTER & WOODMAN 37,980.52 BERGGREN, LEE 580.00 BERKHEIMER CO INC, G W 927.48 , BIRK, JOHN 60.00 BIRKHOFF, AUDREY 10.00 BLAKE, AIMEE 57.00 BONCOSKY OIL COMPANY 26,631.48 BOTTS WELDING & TRUCK SE 102.51 BRADY & ASSOCIATES, PHIL 3,245.00 BRANIFF COMMUNICATIONS I 1,477.50 BROGAN, WILLIAM J 60.00 BULL VALLEY BP 87.00 BUSS FORD SALES 1,231.32 CAREY ELECTRIC 1,752.00. CARQUEST AUTO PARTS STOR 011.04 CB&I CONSTRUCTORS INC 172,882.98 CDW GOVERNMENT INC 438.96 CENTEGRA OCCUPATIONAL ME 1,201.20 CENTEX HAS 40.50 CHEMICAL PUMP SALES AND 253.80 CHICAGO ARMY NAVY SUPPY 3,447.35 CHICAGO FLOWER & GARDEN 222.50 CHICAGO INTERNATIONAL TR 1,034.71 CHICAGO TESTING LABORATO 1,200.00 CHRISMAN, CAROL 165.00 CHRISTOPHER, DAVID 63.87 CINTAS CORPORATION #355 565.93 CLIFFORD-WALD 77.50 COLDWELL BANKER 123.51 COLUMBIA PIPE & SUPPLY C 1,743.02 COMED 47,036.07 COMMUNICATIONS REVOLVING. 115.00 CRESCENT ELECTRIC SUPPLY 665.96 CRYSTAL MANOR STABLE 300.00 CURRAN CONTRACTING COMPA 736.19 D'ANGELO NATURAL SPRING - 58.00 DELL MARKETING LP 1,676.00 DICKMAN, ROB 95.94 DOCUMENT IMAGING DIMENSI 2,088.00 DON'S TOWING 50.00 DOOR SYSTEMS INC 172.50 EAST JORDAN IRON WORKS 450.00 ED'S RENTAL & SALES INC 1,242.94 EDER CASELLA & CO 1,050.00 ENCHANTED CASTLE 60.00 FAMILY TAILOR SHOP 6.50 FAST EDDIES CAR WASH 123.30 FIORITA, MARIA 119.00 FISCHER BROS FRESH 851.57 FISHER, MARC 324.67 FLESCH COMPANY INC, GORD 305.55 FOERSTER, JEFFERY S 16.00 FOXCROFT MEADOWS INC 328.88 FUNK, PAUL D 161.50 G IMPRESSIONS INC 15.00 GALLS INCORPORATED 631.86 GARDNER, MAUREEN 18.98 GEWALT, KARL 126.46 GITZKE, WILLIAM 130.00 GRAINGER 672.61 GREAT LAKES FIRE & SAFET 92.00 GROWER EQUIPMENT & SUPPL 129.34 HACH COMPANY 446.30 HARRIS & ASSOC INC, BRUC 325.37 HETTERMANN, KATHLEEN 78.30 HEY AND ASSOCIATES INC 804.52 HONKALA, CHRIS 45.00 HYDRAULIC SERVICES AND R 25.39 HYDROTEX 329.24 IACP 200.00 ILEETA 295.00 February 20, 2006 Page 3 ILLINOIS DEPT OF NATURAL 54.00 INTEGRA BUSINESS SYSTEMS 62.40. IPELRA 350.00 IPRA 625.00 J G UNIFORMS INC 278.95 JOHNSON, SEAN 50.00 JOSEPHSON INSTITUTE 100.00 JULIE INC 210.30. KALE UNIFORMS INC 1,105.13 KDS TECH SERVICES INC 450.00 KIEFER & ASSOC, ADOLPH 230.97 KIMBALL MIDWEST 1,182.31 KIRCHNER FIRE 284.00 KONECKO, MARTA 43.47 KOTIW, DAVID 60.60 KRUSE, NANCY 45.00 KTD INC 379.23 KUNZER, KATHLEEN 260.57 LANG PONTIAC-CADILLAC-SU 9.26 LEACH ENTERPRISES INC 171.44. LET ME ARRANGE IT INC 725.00 LIBERTY OFFICE PRODUCTS 506.63 LOCKER'S FLOWERS 83..00 LUMBER, ROBERT 1,750.00 LUNKENHEIMER, PATTIE 61.83 MARATHON TOWING 20.00 MARENGO DISPOSAL CO 16,000.00 MARTENSON, LYNN G 20.47 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 98.14 MCHENRY ANALYTICAL WATER 637.00 MCHENRY AREA CHAMBER OF 1,548.00 MCHENRY AREA SOCCER FEDE 2,240.00 MCHENRY CCMMUNITY HIGH S 43,612.00 MCHENRY CCM4UNITY SCHOOL 61,820.00 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COLLEGE 199.00 MCHENRY COUNTY COUNCIL 0 175.00 MCHENRY COUNTY RECORDER 157.50 MCHENRY ELECTRIC & SUPPL 575.73., MCHENRY FAVORITE SPORT C 2,427.25 . MCHENRY FIRESTONE 85.00 MCHENRY NAPA 937.61 MCHENRY POLICE PENSION F 13,129.94 . MCHENRY PRINTING SERVICE 919.06 MCHENRY PUBLIC LIBRARY 3,638.00 MCHENRY SPECIALTIES 13.50 MCHENRY STORAGE, THE 590.00 MCHENRY TOWNSHIP ROAD DI 5,901.00 MERKEL, PETE 103.47 METROPOLITAN INDUSTRIES 225.05 MEYER MATERIAL CCMPANY 379.00 MICROFLEX 184.00 MID AMERICAN WATER OF WA 270.20 MID-STATES ORGANIZED CRI 200.00 MIDCO 250.00 MIDWEST ENVIRONMENTAL CO 2,500.00 MINUTEMAN PRESS OF MCH 53.50 MITCHELL INSTRUMENT CO 321.00 MOBILE OFFICE DESIGNS IN 175.50 MORRIS, MATT 50.00 MORTON ARBORETUM, THE 90.00 MUELLER, NANCY 85.00 NATIONAL ASSOCIATION OF 30.00 NATIONAL WATERWORKS 363.00 NCISC 1,000.00 NEXTEL COMMUNICATIONS 2,238.98 NICOR GAS 8,545.98 NORTH AMERICAN SALT CO 13,937.52 NORTH SUBURBAN WATER 30.00 NORTHERN ILLINOIS POLICE 5,139.94 February 20, 2006 Page 4 NORTHWEST ELECTRICAL SUP 1,940.25 NORTHWEST NEWS GROUP OF 952.85 NUNDA TOWNSHIP ROAD DIST 3,751.00 NWBOCA 45.00 O'HERRON CO INC, RAY 4,881.48 OFFICE DEPOT INC 1,691.27 OLSEN SAFETY EQUIPMENT C 198.00 ORIENTAL TRADING CO INC 92.30 OTTOSEN BRITZ KELLY COOP 4,141.50 PACE 20,319.15 PACINI GROUP RE 30.30 PENROD, AMY 15.00 PETROV, STEPHANIE S 30.00 PETTIBONE & CO, P F 1,332.65 POLICE POLICY STUDIES CO 650.00 PORTER LEE CORPORATION 675.00 POSTER COMPLIANCE CENTER 139.00 POSTMASTER MCHENRY IL 160.00 POWERPHONE INC 1,045.00 PPCT MANAGEMENT SYSTEMS 616.50 PR DIAMOND PRODUCTS INC 212.00 PRECISION SERVICE & PART 1,169.69 R & S DISTRIBUTORS INC 442.05 RADICOM INC 581.15 REGNER, WILLIAM J 99.66 REICHE'S PLUMBING SEWER 210.00 REICHERT CHEVROLET 12.96 RIETESEL, BYRON 585.00 RINGWOOD BP 102.00 RIVERSIDE BAKE SHOP 195.16 ROC CONSTRUCTION SUPPLY 71.76 ROTTER, KEVIN 10.00 RUSHING, RHONDA F LANG 21.72 S&S WORLDWIDE INC 51.22 SAFARI LAND LLC 175.00 SANTO SPORT STORE 1,800.00 SBC 6,033.20 SBC LONG DISTANCE 27.62 SCHMITT, JON 134.02 SECURITY BUILDERS SUPPLY 155.00 SEMROW JR, HARRY H 682.50 SETTLERS HILL RDF 14,347.99 SEXTON, ERIC M 42.69 SHERMAN MECHANICAL, INC 6,572.09 SICALCO LTD 1,676.34 SIMPLEX GRINNELL LP 378.70 SIRCHIE FINGER PRINT LAB 58.02 SMITH ENGINEERING CONSUL 100,201.88 SMITH, JUDY 20.50 SPRI PRODUCTS INC 22.95 ST PAULS EPISCOPAL CHURC 1,188.00 STANDARD INDUSTRIAL & AU 318.00 STANS OFFICE TECHNOLOGIE 1,447.49 STAPLES BUSINESS ADVANTA 366.31 STS CONSULTANTS LTD 4,702.50 TEMPLE DISPLAY LTD 187.51 THREE D DESIGN STUDIO LL 7,075.20 TONYAN & SONS INC, WILLI 1,090.00 TOPS IN DOG TRAINING COR 424.00 TRAFFIC CONTROL & PROTEC 2,881.64 UNIFORMITY INCORPORATED 30.86 UNITED INDUSTRIES INCORP 559.27 UNITED LABORATORIES 349.34 USA BLUEBOOK 227.91 VIKING CHEMICAL COMPANY 1,534.50 WALSH, THOMAS M 215.95 WHOLESALE DIRECT INC 807.10 WILLIAM BROTHERS CONSTRU 436,273.12 WILLIAMS ELECTRIC SERVIC 115.12 WILLIAMS, TOM 60.00 WITT,, CINDY 44.01 February 20, 2006 Page 5 ZALKE, MARK 30.00 ZEE MEDICAL INC 50.15 ZEP MANUFACTURING•COMPAN 234.99 ZIEBELL WATER SERVICE PR 873:80 ZIMMERMAN, BOB 84.81 ZMT INC 2,336.54 ZUKOWSKI ,ROGERS FLOOD 7,,342..70 GRAND` TOTALS 1,198,027.13 FUND TOTALS GENERAL FUND 224,114.18 AUDIT EXPENSE FUND 11050.00 ANNEXATION FUND 109,070.00 MOTOR FUEL TAX FUND 15,613.86 DEVELOPER DONATION FUND 9,402.25 TIP FUND 17,812.50 CAPITAL IMPROVEMENTS FUND 9,073.75 WATER/SEWER FUND 83,804.73 UTILITY IMPROVEMENTS FUND 684,133.34 RISK MANAGEMENT FUND 862.45 INFORMATION TECHNOLOGY FUND 6,423.39 RETAINED PERSONNEL ESCROW 36,666.68 TOTALS 1,198,027.13 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM WONDER LAKE WATER SKI TEAM TO USE PETERSEN PARK FOR ITS ANNUAL HAUNTED HAYRIDE IN THE MONTH OF OCTOBER 2006• AND TO WANE ALL PARK AND TEMPORARY SIGN PERMIT FEES ASSOCIATED WITH THE EVENT: AND TO APPROVE THE PLACEMENT OF TEMPORARY ADVERTISING SIGNS FOR THE EVENT In attendance was resident Jim Schmidt and his daughter Jenna, representing the Wonder Lake Water Ski Team. Mr. Schmidt stated the Ski Team is once again requesting the use of Petersen Park for its Annual Haunted Hayride event in October 2006. In light of the Ski Team's annual donation back to the City of McHenry of a portion of the event's proceeds, the request is being made to waive all park rental and temporary sign permit fees. Mr. Schmidt presented a check in the amount of $500 to Director of Parks and Recreation Merkel for park rental and a check in the amount of $250 targeted for parks programs. Mr. Schmidt noted other donations have been made to Family Services and Community Mental Health, Christ the King Church, and NISRA Special Recreation Association. Director Merkel stated Staff supports the request for use of Petersen Park for the Wonder Lake Water Ski Teem's Annual Haunted Hayride event, the waiver of all associated fees for park rental and temporary sign permits, and the placement of temporary signs to announce the event February 20, 2006 Page 6 . Motion by Schaefer, seconded by Peterson, to accept Staffs recommendation to approve the following for the Wonder Lake Water Ski Team's Annual Haunted Hayride Event in October 2006: • Use of Petersen Park for the event; • Waiver of all associated fees for park rental and temporary sign permits for the event; • Placement of temporary advertising signs at the following locations: o 302 North Front Street o Northwest Comer of Bull Valley Road and Crystal Lake Road o Liberty Trails Subdivision on Lincoln Road o Liberty Trails Subdivision on Chapel Hill Road o Southwest Comer of McCullom Lake Road and Riverside Drive o Petersen Park Road at McCullom Lake Road o R.A. Adams Enterprises on Route 120 o Deerwood Lot 46 on Ridge Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A LIMITED DRIVE-THRU FACILITY IN A MULTI-TENANT RETAIL BUILDING AT 2182-2210 WEST ROUTE 120 Director of Community Development Napolitano stated Applicant Michael Baglio is requesting a conditional use permit to allow a limited drive-thru facility in his multi-tenant retail building at 2182-2210 West Route 120. At Staffs direction, Mr. Baglio has agreed to limit the drive-thru user to a non-food business. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on January 19, 2006, unanimously recommended approval of the applicant's request, subject to the use being limited to a non-food service type user. Motion by Murgatroyd, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit for a drive-thru at 2182-2210 West Route 120. Alderman Murgatroyd expressed concerns regarding sufficient clearance for traffic to bypass the drive-thru stacking area. Alderman Murgatroyd opined one-way onsite traffic flow might be more desirable. Alderman Wimmer requested a list of potential drive-thru facility users as opposed to a "general" non-food service user. Alderman Condon concurred with Alderman Murgatroyd and stated her preference for one-way onsite traffic. She also concurred with Alderman Wimmer and would like to see a specific list of possible users for this facility. Alderman Santi agreed with Aldermen Wimmer and Condon. Aldermen Glab and February 20, 2006 Page 7 Schaefer agreed with Alderman Murgatroyd. Mayor Low suggested the motion on the floor be withdrawn pending Staff working with the applicant to prepare a list of specific users of this facility., The motion was withdrawn. REQUEST FOR A ZONING MAP AMENDMENT FROM E (ESTATE ZONING DISTRICT) TO RS-2 (MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT) AT 2623 LINCOLN ROAD Mayor Low announced this item has been removed from tonight's agenda at the petitioner's request. COMMITTEE RECOMMENDATION: CRYSTAL LAKE ROAD SUB AREA PLAN Director Napolitano stated the Community Development 'Committee has been working on the creation of the Crystal Lake Road Sub-Area Plan for several months. The Committee at its October 18, 2005 meeting recommended that Staff_ proceed to Council with a draft Plan. Director Napolitano noted the Plan area is bounded by Hanley Street on the north and .Dartmoor Drive on the south. Staff is seeking direction from Council this evening to proceed with a Public Hearing before the Planning and Zoning Commission as the next step in its implementation. Aldermen Wimmer, Peterson, Condon, Santi, Murgatroyd, and Schaefer commended Staff on their diligence in bringing this project forward. Alderman Glab noted vehicular traffic still needs to be reviewed. However, he too concurred that the Sub Area Plan should move forward towards implementation. Motion by Wimmer, seconded. by Santi, to accept the Community Development Committee's recommendation and to direct Staff to prepare the Crystal Lake Road Sub- Area Plan for a Public Hearing before the Planning and Zoning Commission. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low had no statement or report COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer announced the Public Works Committee Meeting previously scheduled for Tuesday, February 21, 2006 has been cancelled due to a scheduling conflict. Chairman Wimmer stated he is currently looking at rescheduling this meeting to Tuesday, February 28, 2006 at 7 p.m. in the Aldermen's Conference Room. February 20, 2006 Page 8 STAFF REPORTS There was no Staff Report. FUTURE AGENDA ITEMS There were no future agenda items discussed. ADJOURNMENT Motion by Wimmer, seconded by;_Condon, to adjourn the meeting at 7:53 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson,;Condon. Voting.Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 7-.53 p.m. MAYOR CITY CLERK REGULAR MEETING FEBRUARY 13, 2006 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 13, 2006 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, Assistant City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Community Relations Management Assistant Hobson, and Director` of Parks and Recreation Merkel. Absent: Director of Community Development Napolitano. TEN MINUTE PUBLIC INPUT SESSION Mr. Robert Parrish stated his appreciation to City Administrator Maxeiner for his quick response to his inquiry. CONSENT AGENDA Alderman Glab requested Consent Agenda Item C, be removed for further discussion. Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as amended: A. City Council Minutes: a. January 9, 2006 regularly scheduled meeting; b. January 16, 2006 Committee of the Whole Meeting; B. Beer/Wine and Parks Special Use Permit Requests; D. As Needed Checks: AFLAC 1,774.93 ALBERTSONS 34.16 BANKCARD SERVICES 7,499.89 BENEFIT SYSTEMS S SERVIC 21,382.19 BRUCE, WILLIAM H AND 123,400.50 CAD 13,050.09 CUSTOM LANDSCAPING 60,450.46 FEDEX 158.34 FOP UNITS I/II 1,976.00 GERSTAD BUILDERS 630.80 GREG GREENHILL CONSTRUCT 22,285.00 HOME DEPOT/GECF 395.74 HOME TOWNE ELECTRIC INC 15,476.38 ILLINOIS DEPARTMENT OF P 454.00 ILLINOIS DIRECTOR OF 1,665.00 ILLINOIS STATE POLICE 44.00 IMAGETEC LP 1,822.12 LAKE COUNTY CLERK 10.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 319.00 NEXTEL COMMUNICATIONS 2,168.83 NWBOCA 45.00 PETTY CASH FUND 184.29 • POSTMASTER MCHENRY IL 780.45 QUILL CORPORATION 3.51 SAM'S CLUB 48.18 SBC 184.87 SECRETARY OF STATE 30.00 SECRETARY OF STATE / POL 78.00 ST PAUL LUTHERAN CHURCH 35.00 UNITED PARCEL SERVICE 95.23 UNITED STATES LIFE INSUR 1,258.20 February 13, 2006 Page 2 UNIVERSITY OF ILLINOIS 40.00 VZ LMART COMMUNITY 472.31 GRAND TOTALS 278,376.30 FUND TOTALS GENERAL FUND 38,291.84 DEVELOPER DONATION FUND 60,450.46 TIP FUND 22,285.00 CAPITAL IMPROVEMENTS FUND 15,476.38 WATER/SEWER FUND 5,265.91 CAPITAL DEVELOPMENT FUND 123,400.50 UTILITY IMPROVEMENTS FUND 13,050.09 INFORMATION TECHNOLOGY FUND 156.12 TOTALS 278,376.30 Voting Aye. Santi,. Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM C: AUTHORIZATION OF REPAIRS ON PUBLIC ACCESS PIERS AT THE RIVIERA MARINA IN AN AMOUNT NOT-TO-EXCEED $3,676 86 Alderman Glab inquired as to the number of bids which were submitted for the pier repair project. He opined the cost as a whole is approximately 26% higher than the average for a typical project. He judged the proposed cost to be excessive. City Administrator Maxeiner stated only one quote was received for this project. Reinwall, who submitted the sole bid, specializes in marine repairs. City Administrator Maxeiner suggested pulling this item from the Agenda until additional quotes are obtained. RECOMMENDATION: 1) BUDGET AMENDMENT TO THE CAPAITAL IMPROVEMENTS FUND (PARK DONATIONS FUNDING SOURCE) IN THE AMOUNT OF $485,000 FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK: AND 2) AWARD OF BID FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK TO DK CONTRACTORS IN THE... AMOUNT OF $482,065.31 City Administrator Maxeiner summarized the request before Council this evening is twofold: • to approve a budget amendment for the current year in the amount of $485,000;. and • to award the bid for the Shamrock Farms Park Development to DK Contractors in the amount of$482,065.31. Following discussions with Mr. Parrish of Parrish Paving, City Administrator Maxeiner stated Staff supports its original recommendation. Alderman Murgatroyd noted he could not support this matter without an approved Five Year Parks Master Plan. He opined this project is premature and should be placed on hold until the Five-Year Plan has been established. Motion by Condon, seconded by Schaefer, to: 1. Approve a budget amendment to the 2005/2006 Fiscal Year Budget to the Capital Improvements Fund (Park Donations Funding Source) in the amount of $485,000 for the February 13, 2006 Page 3 development of Shamrock Farms Park; and 2. Award the bid for the development of Shamrock Farms Park to DK Contractors in the amount of$482,065.31. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. CONSIDERATION OF AN ANNEXATION AGREEMENT, ANNEXATION ZONING MAP AMENDMENT TO RM-2, AND A CONDITIONAL USE PERMIT LIVING SPRINGS SUPPORTIVE LIVING FACILITY. 4609 WEST CRYSTAL LAKE ROAD In attendance were Attorney Kristina Dalman and Steve Barron; representing the applicant, Living Springs of McHenry LLC. Assistant Administrator Martin noted the applicant, Living Springs of McHenry LLC, has provided the City with a revised concept plan which addresses the numerous concerns previously expressed by Council. Staff supports the revised plan and recommends the following for the property located at 4609 West Crystal Lake Road: • authorization of an annexation agreement with the petitioner; • annexation of the subject property; • zoning map amendment to RS-2 High Density Multi-Family Residential District; • Conditional Use Permit to allow a supportive living facility. Alderman Condon expressed concern as sidewalks were not shown on the concept plan. She opined sidewalks should be required in this area, particularly in light of the amount of pedestrian traffic. Alderman Condon also expressed concern regarding traffic during shift changes at the facility and potential complications with the amount of high school vehicles enteringlexiting the area at the beginninglend of the school day. Mr. Baron responded the approximate number of employees entering/leaving the facility at shift change would be twenty. Shift change time would be around 3 p.m. Alderman Condon stated her preference that the shift change time be modified in order to reduce the amount of traffic in the area when high school vehicles leave West Campus. Mr. Baron assured Alderman Condon shift change could be moved back to 4 p.m. Alderman Condon requested additional landscaping be provided to screen the facility from adjacent properties and from Crystal Lake Road. Mr. Baron acknowledged the applicant would comply with all zoning and landscape requirements as directed by Staff. Alderman Condon encouraged the insertion of language in the annexation agreement requiring landscaping maintenance. Alderman Condon concluded she still has some concerns regarding the location of the facility, but commended the developer regarding their cooperative efforts in addressing all of Council's suggestions. Alderman Santi concurred with Alderman Condon. He stated he is comfortable with the project as presented. February 13, 2006 Page 4 Alderman Glab inquired how the issue of.the private right-of-way ownership has been resolved. Kristina Dalman, attorney for the applicant, stated Chicago Title is willing to insure the property for the benefit of the current property owners, the O'Halleran's. City Attorney McArdle stated there is no clear evidence of title by deed. He noted all of the adjacent neighbors have been duly notified of this project and have not acted upon the notice. The City does not have an issue with this private right-of-way. It is the risk of the developer. City Attorney McArdle further stated a judge would not provide a recorded deed for the property, but could declare the actual owner of the property. A lengthy discussion ensued regarding ownership of the property and the easement. Alderman Peterson stated he is not comfortable without a judge's decision regarding property right-of-way and easement ownership. He stated he does not believe the O'Hallerans are the current property owners of the right-of-way or easement. Alderman Condon opined the project would benefit the community. She stated for the record she would not do anything as an Alderman which was not done in good faith for the benefit of the City. She respects the opinion of the City Attorney. Motion by Murgatroyd, seconded by Santi, to approve an ordinance authorizing the Mayor and City Clerk's execution of an annexation agreement between Living Springs of McHenry LLC and the City of McHenry for the property located at 4609 West Crystal Lake Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Motion by Wimmer, seconded by Santi, to approve an ordinance authorizing the annexation of the O'Halleran property located at 4609 West Crystal Lake Road, comprised of 4.843 acres. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay: Glab, Peterson. Absent: None. Motion carried Motion by Murgatroyd, seconded by Schaefer, to approve an ordinance authorizing a zoning map amendment to RM-2 High Density Multi-Family Zoning District and a conditional use permit to allow a supportive living facility on the property located at 4609 West Crystal Lake Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. February 13, 2006 Page 5 RECOMMENDATION: 1) BUDGET AMENDMENT TO THE PARKS DEPARTMENT BUDGET (GENERAL REVENUE FUNDING SOURCE) IN THE AMOUNT OF $39,000 FOR THE ADDITION OF A MAINTENANCE WORKER AND A LIGHT DUTY PICKUP TRUCK IN THE PARKS AND RECREATION MAINTENANCE DIVISION City Administrator Maxeiner stated in prior communications, Staff has informed Council of the need to add a Parks Maintenance position which requires a budget amendment in the amount of $39,000 to the Parks Department Budget for 2005/2006 Fiscal Year. City Administrator Maxeiner noted a pickup truck is required for this position. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to increase the Parks Department Budget (General Revenue Funding Source) for the 2005/2006 Fiscal Year in the amount of $39,000 to allow the addition of a Parks Maintenance Worker and purchase of a light duty pickup truck. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer,.Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR AUTHORIZATION TO PAY VOA ASSOCIATES A PARTIAL PAYMENT OF $58,246.44 FOR WORK PERFORMED TO DATE ON THE RIVERWALK DESIGN AND PERMIT Management Assistant for Community Relations Hobson reminded Council VOA Associates was contracted by the City to perform certain work regarding the Riverwalk design and permitting process. The request before Council this evening to reimburse VOA for specific work provided for this project in the amount of $58,246.44. He noted the payment would be a gesture of good will in that the City no longer requires the services of VOA for the Riverwalk project. Management Assistant Hobson stated the payment of $58,246.44 represents approximately 49% of the outstanding balance requested by VOA. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to authorize payment to VOA Associates in the amount of $58,246.44 for work performed to date on the Riverwalk Design and Permitting process. Voting Aye: Santi, Glab. Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried'. MAYOR—STATEMENT AND REPORT Mayor Low announced the next meeting of the McHenry County Council of Government is scheduled for Wednesday February 22, 2005 at Adrianna's in Harvard. The registration deadline is Friday, February 17'h. COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer announced a meeting was held this evening prior to the regularly scheduled Council Meeting. Minutes will be February 13, 2006 R Page 6 forthcoming. Chairman Wimmer also announced a Public Works Committee Meeting has been scheduled for Monday, February 21, 2006 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There was no Staff Report. FUTURE AGENDA ITEMS There were no future agenda items discussed. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:24 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:24 p.m. MAYOR CITY CLERK REGULAR MEETING DECEMBER 19, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 19, 2005 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, Director of Public Works Marcinko, Director of Community Development Napolitano, Chief of Police O'Meara, Director of Parks and Recreation Merkel, and Community Relations Management Assistant'Hobson. Absent: Assistant to the City Administrator Martin. PRESENTATION: MCHENRY POLICE DEPARTMENTIMCHENRY TOWNSHIP FIRE PROTECTION DISTRICT Mayor Low expressed her appreciation for the overwhelming efforts exhibited by local firemen and police officers on behalf of our community in extending assistance to victims of the Hurricane Katrina disaster. Firemen and police officers volunteered their services and went over and above their commitment to daily service in our community. Mayor Low stated it is important to recognize their willingness to assist others in time of need. Mayor Low presented plaques of recognition to the following: McHenry Police Department Detective John Birk McHenry Township Fire Protection District Captain Kevin Shea; McHenry Township Fire Protection District Paramedic Rudy Rivere; McHenry Township Fire Protection District Paramedic David Harwood; McHenry Township Fire Protection District Paramedic Robert Neimann. TEN MINUTE PUBLIC INPUT SESSION Linda Peel of 2003 Bull Valley Road addressed Council regarding the McHenry Elementary School District 15 referendum which will be placed on the Spring 2006 Primary. Ms. Peel, co-Chairman of the referendum committee, encouraged support for the referendum. Ms. Peel requested an opportunity to meet with each Alderman to assess their position on the referendum. Mayor Low stated she is looking forward to meeting with co-chairman Peel. CONSENT AGENDA Motion by Schaefer, seconded by Condon, to approve the Consent Agenda as presented: a. List of Bills: A W TOOL SALES INC 46.67 A-MIDWEST BOARD-UP INC 338.40 AAA COMMERCIAL PRODUCTS 648.20 AALTO, BRIAN 150.74 ABSOLUTE SOUND 247.99 ACCURINT FOR LAW ENFORCE 150.00 ACE HARDWARE, BJORKMAN'S 3,067.04 ACRES GROUP 7,950.00 ADAMS ENTERPRISES INC, R 5,754.45 ADAMS OUTDOOR POWER EQUI 157.85 ADAMS STEEL SERVICE INC 250.60 ADAMS, DENNIS 300.00 ADAMS, JOHN 74.66 December 19, 2005 Page 2 AHLBORN EQUIPMENT INC 69.30 ALEXANDER CHEMICAL CORP 2,225.00 ALEXANDER LUMBER CO 252.99 AMERICAN SOLUTIONS FOR B 247.81 AMERICAN WATER WORKS ASS 143.00 AQUAPREP 14,962.50 ARAMARK WORK APPAREL & U 370.17 ARMOR HOLDINGS FORENSICS 66.35 ASSOCIATED BAG COMPANY 184.68 AUTOGRAPH FOLIAGES 564.01 B&W CONTROL SYSTEMS INTE 10,997.85 BARCOL DOOR COMPANY INC 37.18 BARKER, LESLIE 108.00 BARTOLAI, MICHAEL J 63.89 BAXTER & WOODMAN 14,236.34 BONCOSKY OIL COMPANY 19,440.26 BORDERS INC 1,681.50 BOTTS WELDING & TRUCK SE 84.50 BRADY & ASSOCIATES, PHIL 4,312.00 BRUSKI, RICHARD A 275.00 BULL VALLEY BP 21.00 BUNCH DISTRIBUTING INC 21.90 BUSINESS & LEGAL REPORTS 428.58 BUSS FORD SALES 474.96 CAPITAL GAINS INCORPORAT 3,731.75 CAREY ELECTRIC 4,760.00 CARQUEST AUTO PARTS STOR 1,534.37 CB&I CONSTRUCTORS INC 294,259.50 CDW GOVERNMENT INC 111.50 CENTEGRA OCCUPATIONAL ME 428.00 CHEMICAL PUMP SALES AND 99.55 CHICAGO INTERNATIONAL TR 2,349.88 CHRISTOPHER, DAVID 95.84 CINTAS CORPORATION #355 730.76 CLIFFORD-WALD 622.07 COMED 45,802.06 CONNEY SAFETY PRODUCTS 161.51 CONSERVATION SERVICES 150.00 CRAFT CONCRETE PRODUCTS 612.00 CRESCENT ELECTRIC SUPPLY 278.68 CRYSTAL MANOR STABLE 300.00 CURRAN CONTRACTING COMPA 2,432.50 CUSTOM LANDSCAPING 1,389.00 D'ANGELO NATURAL SPRING 43.50 DELL MARKETING LP 1,344.75 DIETERLE, JOHN 49.58 DILLON, JOHN 7.99 DURA WAX COMPANY INC, TH 64.00 DURABILT FENCE 7,917.00 ED'S RENTAL & SALES INC 670.00 EDER CASELLA & CO 18,700.00 EISERMAN, JERRY 508.64 EXECUTIVE COACH SERVICE 535.00 FAMILY TAILOR SHOP 22.00 FAST EDDIES CAR WASH 21.85 FBI NAA 40.00 FEDEX 58.56 FIORITA, MARIA 154.00 FISCHER BROS FRESH 2,144.64 FLESCH COMPANY INC, GORD 215.62 FOX VALLEY CHEMICAL CO 525.48 FOXCROFT MEADOWS INC 747.50 G IMPRESSIONS INC 150.00 GALLAGHER RISK MANAGEMEN 50.00 GALLS INCORPORATED 237.03 GITZKE, WILLIAM 90.00 GREAT LAKES FIRE & SAFET 139.75 GRISWOLD INDUSTRIES 294.50 GROWER EQUIPMENT & SUPPL 44.02 HACH COMPANY 339.20 HAMAKER, KAREN 88.00 HANSEN'S ALIGNMENT, DON 65.00 HARM'S FARM 706.94 HAYES, MICHAEL D 49.76 HETTERMANN, KATHLEEN 20.24 HEY AND ASSOCIATES INC 4,437.80 HOME TOWNE ELECTRIC INC 38,600.00 December 19, 2005 • Page 3 HP SHOOTING CENTER INC 142.35 HUGS & KISSES CHARTER BU 1,380.00 HYDRAULIC SERVICES AND R 27.87 IACP 130.00 ICC 140.00 ICMA 829.15 ILLINOIS ASSOC OF CHIEFS 135.00 ILLINOIS GMIS 100.00 ILLINOIS MUNICIPAL LEAGU 1,386.00 IN HOUSE APPAREL & PROMO 92.00 J G UNIFORMS INC 1,166.88 JOHNSBURG BOWL 570.00 JOHNSON, SEAN 31.93 JP MORGAN TRUST COMPANY 1,800.00 JULIE INC 397.10 JUNGMANN, MARLENE B 168.00 KALE UNIFORMS INC 773.65 KIEFER & ASSOC, ADOLPH 826.08 KIMBALL MIDWEST 1,023.57 KIWANIS CLUB OF MCHENRY 230.00 KOLLENKARK, WILLIAM 35.40 KRANZ, ANNE 111.77 KTD INC 649.96 KUNZER, KATHLEEN 12.61 LAMBERT, FRAN 9.00 LANG PONTIAC-CADILLAC-SU 23.90 LANGE, MICHAEL 85.18 LEACH ENTERPRISES INC 110•.64 LEONARD, KATHLEEN 77.03 LIBERTY FLAG & SPECIALTY 108.95 LOCKER'S FLOWERS 41.00 MANUSOS GENERAL CONTRACT 17,874.00 MARTIN, MICHELLE 88.00 MCANDREWS PC, THE LAW OF 6,800.00 MCHENRY ANALYTICAL WATER 317.00 MCHENRY COMMUNITY HIGH S 32,362.00 MCHENRY COMMUNITY SCHOOL 46,880.38 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COUNCIL 0 99.00 MCHENRY COUNTY RECORDER 645.00 MCHENRY COUNTY SUPPLY IN 310.65 MCHENRY ELECTRIC & SUPPL 1,700.00 MCHENRY NAPA 1,142.25 MCHENRY PRINTING SERVICE 1,173.16 MCHENRY PUBLIC LIBRARY 2,705.00 MCHENRY SPECIALTIES 152.50 MCHENRY WATER/SEWER FUND 20.84 MCMASTER-CARR SUPPLY CO 891.45 METER MATERIAL COMPANY_ 100.64 MICROFLEX 95.00 MID AMERICAN WATER OF WA 712.00 MIDWEST FENCE 5,000.00 MIDWEST METER INC 11,056.79 MINUTEMAN PRESS OF MCH 171.49 MOBILE OFFICE DESIGNS IN 245.69 MONROE TRUCK EQUIPMENT 406.00 MUSIELAK, BERNICE 18.00 NEWMAN, CHRISTINE 195.90 NICOR GAS 3,948.09 NORSHORE ALARM CO INC 225.00 NORTH AMERICAN SALT CO 5,332.56 NORTH EAST MULTI-REGIONA 5,015.00 NORTH SUBURBAN WATER 30.00 NORTHWEST ELECTRICAL SUP 2,002.81 NORTHWEST HERALD 210.60 NORTHWEST LAMINATION 470.00 NORTHWEST NEWS GROUP OF 1,148.61 NORTHWESTERN UNIVERSITY 900.00 NUTOYS LEISURE PRODUCTS 390.00 NWBOCA' 105.00 O'HERRON CO INC, RAY 131.90 O'MEARA, THOMAS 298.09 OFFICE DEPOT INC 287.55 f ORIENTAL TRADING CO INC 54.70 OTTOSEN TREVARTHEN BRITZ 4,207.50 PATTEN INDUSTRIES INC 11.91 PETERSEN SAND & GRAVEL 439.98 December 19, 2005 Page 4 PETTIBONE & CO, P F 1,421.93 PITNEY BOWES INC 310.85 PR DIAMOND PRODUCTS INC 369.00 PRECISION SERVICE & PART 316.05 PRECISION SHARPENING 95.20 PRIME COMMERCIAL CORP 30.00 QUICK WRAP BAGS 58.00 R & S DISTRIBUTORS INC 262.60 REID, MICHAEL 117.13 RESERVE ACCOUNT 1,500.00 REWIAKO, RICHARD 30.74 RINGWOOD BP 33.00 ROC CONSTRUCTION SUPPLY 71.76 ROTARY CLUB OF MCHENRY 178.79 RUSHING, RHONDA F LANG- 66.07 S&S WORLDWIDE INC 41.54 SAFETY KLEEN CORP 174.85 SANCHEZ, OSCAR 30.00 SANDA, PAULETTE 18.00 SBC 6,014.84 SBC LONG DISTANCE 57.85 SCHMITT, JON 15.00 SETTLERS HILL RDF .10,785.96 SEXTON, ERIC M 35.13 SHERMAN MECHANICAL INC 3,108.68 SHICK SCHOOL SUPPLY 55.46 SIRCHIE FINGER PRINT LAB 102.73 SMITH ENGINEERING CONSUL 329,717.73 SOCIETY FOR HUMAN RESOUR 160.00 SPAETH, TOM 219.35 ST PAULS EPISCOPAL..CHURC 2,343.00 STANS OFFICE TECHNOLOGIE 1,227.04 STAPLES BUSINESS ADVANTA 161.87 STATE TREASURER IDOT 5,050.77 STS CONSULTANTS LTD 475.00 SWIFT CO INC, JOHN S 7,779.50 THOMPSON ELEVATOR INSPEC 3,372.00 THREE D DESIGN STUDIO LL 4,925.00 TRAFFIC CONTROL & PROTEC 751.22 TRANSCHICAGO TRUCK GROUP 458.54 TRANSMATIC TRANSMISSION 1,300.00 UDCHIK, TANYA AND TONY 18.98 ULTRA STROBE COMMUNICAIT 118.65 UNIFORMITY INCORPORATED 59.00 USTA MEMBERSHIP SERVICES 25.00 VELEZ, JENNIFER 1,840.25 VERMONT SYSTEMS INC 2,874.00 VIRGILS, LAURA L 225.00 WARSHAWSKY, ERIC 64.62 WASTE MANAGEMENT 512.40 WATER PRODUCTS - AURORA 1,175.16 WEARGUARD 275.90 WITT, CINDY 175.58 WOLF CAMERA & VIDEO 31.96 WOOD, ROLAND 29.87 YOUNG REMBRANDTS INC 360.00 ZELLER, ELIZABETH 19.60 ZEP MANUFACTURING COMPAN 1.97.16 ZIEBELL WATER SERVICE PR 490.00 ZMT INC 1,287.58 GRAND TOTALS 1,100,109.42 FUND TOTALS GENERAL FUND 194,031.84 AUDIT EXPENSE FUND 18,700.00 ANNEXATION FUND 80,942.00 MOTOR FUEL TAX FUND 5,332.56 DEVELOPER DONATION FUND 9,362.80 TIF FUND 475.00 DEBT SERVICE-1997A FUND 1,800.00 CAPITAL IMPROVEMENTS FUND 55,447.50 WATER/SEWER FUND 96,708.05 UTILITY IMPROVEMENTS FUND 584,110.18 MARINA OPERATIONS FUND 83.00 RISK MANAGEMENT FUND 50.00 INFORMATION TECHNOLOGY FUND 2,412.52 RETAINED PERSONNEL ESCROW 46,922.22 December 19, 2005 Page 5 POLICE PENSION FUND 3,731.75 TOTALS 1,100,109.42 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR SERVICES RELATING TO RIVERWALK PHASE 1 —SMITH ENGINEERING CONSULTANTS INC Management Assistant for Community Relations Hobson stated the City's plans for a spring 2006 groundbreaking for the McHenry Riverwalk require securing an engineering services agreement for management of professional services. Smith Engineering Consultants have submitted an agreement to undertake the management of the Riverwalk project. Management Assistant Hobson noted if Council approves the proposed agreement with Smith Engineering, the City would terminate its contract with VOA Associates for Riverwalk plan and design upon conclusion of the third phase of the contract. Alderman Condon stated it is unfortunate Council is no longer comfortable with VOA Associates. She requested Staff closely scrutinize the invoices submitted by Smith Engineering Consultants. Aldermen Santi and Schaefer concurred with Alderman Condon. City Administrator Maxeiner stated he is pleased with the plans submitted by VOA Associates; however, the City has had to terminate its contract due to unforeseen complications and circumstances. Alderman Murgatroyd inquired if there were unexpended funds relating to Riverwalk Phase IV and Phase V which were not utilized by VOA Associates. City Administrator Maxeiner replied in the affirmative. Motion by Condon, seconded by Santi, to accept Staff s recommendation to: 1. terminate the contract with VOA Associates upon conclusion of the third phase of the contract; and 2. to enter into an engineering services agreement with Smith Engineering Consultants to manage the professional services of Phase I of the Riverwalk Project as called for in the Downtown Redevelopment Business Plan. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONTRACT FOR SEAWALL CONSTRUCTION RELATING TO RIVERWEALK PROJECT WITH ALLIANCE CONTRACTORS INC IN THE AMOUNT OF $288,283 Management Assistant Hobson stated in looking at Phase I of the Riverwalk Construction Project, it was noted the shoreline requires stabilization. As this is best accomplished when the ground is frozen, Staff is recommending the following: 1. Waive the bid requirements for the installation of sheet piling,,for Phase I of the December 19, 2005 Page 6 Riverwalk along the south side of Boone Creek between Green Street 'and the Riverwalk Place Townhome Development; 2. Accept the proposal from Alliance Contractors in the amount of $2.88,283 for the installation of new sheet piling for Riverwalk Phase I. Alderman Glab expressed concern that the project would not be going out for bid. City Administrator Maxeiner stated there are a limited number of contractors who have experience with the specialized field of seawall stabilization. City Administrator further noted the City will realize a savings of approximately $20,000 in the cost of sheeting materials as Alliance Contractors maintains onhand the materials required to complete this project. Staff has experience working with this firm and recommends acceptance of the proposal submitted by Alliance Contractors. Alderman Schaefer expressed his support of putting all projects . out for bid. However, he recognized the relevance of cost savings in accepting the Alliance proposal for this project. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to 1. Waive the bid requirements for the installation of sheet piling for Phase I of the Riverwalk along the south side of Boone Creek between Green Street and the Riverwalk Place Townhome Development; 2. Accept the proposal from Alliance Contractors in the amount of $288,283 for the installation of new sheet piling for Riverwalk Phase I. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. DARTMOOR DRIVE/CRYSTAL LAKE ROAD INTERSECTION PRELIMINARY GEOMETRIC PLAN AND TRAFFIC SIGNAL WARRANT STUDY: 1) BUDGET AMENDMENT TO FY 2005/2006 BUDGET TO ADD $6,500 TO CAPITAL IMPROVEMENTS FUND FOR THE ENGINEERING DESIGN SERVICES: 2) APPROVAL OF ENGINEERING SERVICES AGREEMENT — SMITH ENGINEERING CONSULTANTS Director of Public Works Marcinko stated the Fiscal Year 2005/2005 Budget Capital Improvements Program included $56,200 for engineering services associated with the intersection improvements and traffic signalization of Dartmoor Drive and Crystal Lake Road. However, due to budget constraints, the traffic study required for these improvements was not included in the approved budget. Staff is seeking approval to amend the budget to include $6,500 toward the preliminary geometric plan and traffic signal warrant study for this intersection. In addition, Staff is seeking authorization to enter into an engineering services agreement with Smith Engineering Consultants for a traffic signal warrant study of the Dartmoor Drive and Crystal Lake Road intersection in the amount of$6,316.20. Alderman Condon stated her support for the installation of traffic signals along December 19, 2005 Page 7 Crystal Lake Road. She encouraged rapid installation of the signal at Dartmoor Drive for the safety of neighborhood children. Alderman Glab inquired about the design of the intersection due to the width of Dartmoor Drive. Director Marcinko responded the intersection- configuration will be established once the transportation study is complete. He further noted it is difficult to assess the type of intersection improvements which will be utilized without the data and capacity being analyzed following the traffic study. Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve: 1. a budget amendment to the Fiscal Year 2005/2006 budget adding $6,500 to the Capital Improvements Fund for engineering design services for the preliminary geometric plan and traffic signal warrant analysis for the Dartmoor Drive and Crystal Lake Road traffic signal; 2. an engineering services agreement with Smith Engineering Consultants for the Dartmoor Drive and Crystal Lake Road intersection geometric plan and traffic signal warrant study in an amount not-to-exceed $6,316.20 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO SUBMIT LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION AND APPROVAL OF PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION RELATING TO THE ROUTE 31/ROUTE 120 INTERSECTION IMPROVEMENTS PROJECT IN AN AMOUNT NOT-TO-EXCEED $350,000 Director Marcinko reminded Council an agreement with Smith Engineering Consultants (SEC) for Phase I Improvements of the Route 31 corridor between Washington Street and Route 120 was authorized at its July 18, 2005 regularly scheduled meeting. The agreement covered the Phase I report for the Route 31 improvements between Washington Street and Route 120 in an amount not-to-exceed $100,000. Since that time SEC has submitted a Local Agency Agreement for Federal Participation and the Preliminary Engineering Services Agreement for Federal Participation. Director Marcinko stated in order for the state and federal agencies to consider the City's request for reimbursement of these expenses, the City must appropriate the entire amount required for engineering for this project, $350,000. If approved by the state and federal agencies, the entire $350,000 would be reimbursable to the City. Director Marcinko stated the engineering service funds would be expended in 2006, although actual construction would not begin until 2009. Director Marcinko stated it is Staffs recommendation to: 1. approve the Local Agency Agreement for Federal Participation; and December 19, 2005 Page 8 2. approve the Preliminary Engineering Services Agreement for Federal Participation for the Illinois Route 31 at Illinois Route 120 Intersection Improvements in an amount not-to-exceed $350,000. City Engineer Robert Wegener of Smith Engineering Consultants stated the City works hard to seek State and Federal dollars to assist with transportation projects. Staff should be recognized for its efforts to reduce local costs for these projects. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation as follows: 1. to approve the Local Agency Agreement for Federal Participation; and 2. to approve the Preliminary Engineering Services Agreement for Federal Participation for the Illinois Route 31 at Illinois Route 120 Intersection Improvements in an amount not-to-exceed $350,000. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low wished everyone a peaceful and merry Christmas and a Happy New Year. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner stated there would be no Friday Report this week. City Administrator Maxeiner also reported flyers are currently being circulated by the Northern Illinois Utilities Water Company owner in the McHenry Shores Subdivision. Staff is in the process of preparing a response. FUTURE AGENDA ITEMS Alderman Glab stated McHenry Elementary School District 15 is a separate taxing body. He acknowledged he does not support their representatives speaking before Council as a venue of creating support for their March referendum. EXECUTIVE SESSION: COLLECTIVE BARGAINING AND PERSONNEL Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss Collective Bargaining and Personnel at 8:25 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. December 19, 2005 Page 9 Council went into Executive Session at 8:35 p.m. Motion by Murgatroyd, seconded by Santi, to go back into Open Session at 9:02 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 9:02 p.m. OPEN SESSION Motion by Santi, seconded by Schaefer, to approve a collective bargaining agreement with Unit II (Telecommunicators, Community Service Officers, and Records Clerks) of the Fraternal Order of Police, as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Condon, seconded by Wimmer, to adjourn the meeting at 9:03 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:03 p.m. MAYOR CITY CLERK REGULAR MEETING DECEMBER 1Z 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 12, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attomey McArdle, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Chief of Police O'Meara, Director of Parks and Recreation Merkel, and Community Relations Management Assistant Hobson. Absent: Director of Public Works Marcinko. PUBLIC HEARING: YEAR 2005 TAX LEVY ORDINANCE Mayor Low at 7:34 p.m. opened a Public Hearing to provide an opportunity for public input regarding the proposed Year 2005 Tax Levy. City Administrator Maxeiner stated notice of the public hearing was published in the Northwest Herald as required by State Statute. Council was presented with the 2005 Levy at its November 14, 2005 regularly scheduled meeting. Following this evening's Public Hearing, Staff requests Council take formal action on the 2005 Tax Levy as this document must be filed with the County Clerk no later than the last Tuesday of December. In response to Mayor Low's inquiry, City Clerk Jones stated there had been no written or oral questions or comments addressed to the Clerk's Office regarding the proposed levy. In response to Mayor Lows inquiry there were no comments or questions from the audience. Motion by Condon, seconded by Wimmer, to close the Public Hearing regarding the 2005 Tax Levy at 7:35 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Schaefer, to approve an ordinance establishing the 2005 tax levy in the amount of$3,924,511. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION There was no one who wished to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Peterson, to approve the Consent Agenda as presented: December 12, 2005 Page 2 a. Request to advertise for bids for the demolition of the building located at 1209 North Court Street; b. Committee Recommendation: Pass an ordinance amending. Municipal Code Chapter 13, Traffic and Motor Vehicle Code, to prohibit left turns from John Street onto Allen Avenue on school days between the hours of 2 p.m. and 4 p.m.; c. List of As-Needed Checks: AFLAC 3,572.00 ALBERTSONS 8.99 AMERICAN PLANNING ASSOCI 30.00 APWA 200.00 BANKCARD SERVICES 571.35 BENEFIT SYSTEMS & SERVIC 20,752.01 COPS TESTING SERVICE INC 545.00 COUNTY CLERKS OFFICE 10.00 FBI NAA 40.00 FOP UNITS I/II 1,976.00 FRITZ LANDSCAPING 790.93 HOME DEPOT/GECF 1,328.54 HOME STATE BANK 48,525.00 ILLINOIS DIRECTOR OF 9,541.00 ILLINOIS STATE POLICE 44.00 ILLINOIS STATE POLICE AC 70.45 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY POLICE CH 1,000.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 319.00 NWBOCA 60.00 POSTMASTER MCHENRY IL 4,327.22 REAL ESTATE CENTER AT DE 125.00 SECRETARY OF STATE 474.00 SECRETARY OF STATE/INDEX 20.00 SPECIAL OLYMPICS ILLINOI 1,496.00 STAPLES BUSINESS ADVANTA 727.35 STAPLES CREDIT PLAN 45.29 TRACTORS FOR CHARITY 75.00 UNITED PARCEL SERVICE 180.31 UNITED STATES LIFE INSUR 1,242.00 VIKING CHEMICAL COMPANY 1,904.50 WALMART COMMUNITY 677.13 GRAND TOTALS 100,837.90 FUND TOTALS GENERAL FUND 40,750.43 DEVELOPER DONATION FUND 790.93 DEBT SERVICE-1997A FUND 48,525.00 WATER/SEWER FUND 10,542.56 INFORMATION TECHNOLOGY FUND 228.98 TOTALS 100,837.90 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES PROVIDING FOR THE ABATEMENT OF VARIOUS BOND ISSUES City Administrator Maxeiner stated the annual abatement of the City's bonds is required to assure the County Clerk does riot levy for the debt service required by the. bonds. Consequently, each year the City must pass and approve ordinances providing for the abatement of the City's bonds. City Administrator Maxeiner noted ordinances must be approved and filed with the County Clerk providing for the abatement of the following bonds: December 12, 2005 Page 3 GO Bonds (Alternate) Series 1997B $788,250.00 GO Bonds (Alternate) Series 2000A $440,937.50 GO Bonds (Alternate) Series 2002 $377,875.00 GO Bonds (Alternate) Series 2005 $152,316.26. City Administrator Maxeiner stated one additional tax abatement is required regarding the bonds issued for Special Service Area 1A, improvements and traffic signalization of Shamrock Lane at Route 31, in the amount of$25,000. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to pass and approve ordinances providing for the abatement of the following: GO Bonds (Alternate) Series 1997B $788,250.00 GO Bonds (Alternate) Series 2000A $440,937.50 GO Bonds (Alternate) Series 2002 $377,875.00 GO Bonds (Alternate) Series 2005 $152,316.26. Special Service Area #1 A $ 25,000.00 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. USE OF PETERSEN HISTORIC FARM AND WAIVER OF ALL ASSOCIATED FEES FOR SECOND ANNUAL ANTIQUE TRACTOR SHOW In attendance was Darrick Franzen, initiator of the 2005 Antique Tractor Show which was held at the Petersen Historic Farm on October 29, 2005. Proceeds from the 2005 event benefited the local FISH Food Pantry. Mr. Franzen announced the proposed dates for,the 2006 event were October 14 and 15. He stated he is looking forward to continuing the tradition and making this an annual event. Management Assistant for Community Relations Hobson stated while the initial show was a spectator event, the organizers are hoping to diversify and provide more interactive entertainment and education at the second annual event. In addition to the display of antique tractors, the event organizers are planning to include concessions, a raffle, hayrides, petting zoo, pony rides and pumpkin sales, .as well. Proceeds from the $2/person admission fee would be donated to FISH Food Pantry. Alderman Peterson stated he was looking forward to viewing historic photos :of the historic farm. Alderman Condon expressed concerns regarding signage on the van. She acknowledged the Community Development Committee has been working diligently on revamping the City's sign code. Alderman Condon noted she could not support signage on the van which acts as a mobile billboard. Alderman Condon did, however, express her full support of the event. December 12, 2005 Page 4 Alderman Santi concurred with Alderman Condon' regarding the signage on the van. Mr. Franzen acknowledged advertising comprised the greatest expenditure of the event. He stated the van signage was donated. He stated he would abide by Council's wishes regarding signage and advertising for all future events. Alderman Glab agreed with Aldermen Condon and Santi. He suggested charging a concessionaire's entrance fee for the event. Suggestion was made to offer tours of the Petersen Farm Homestead as part of the event. City Administrator Maxeiner stated the homestead structure is not suitable for tours at this time. Alderman Murgatroyd expressed his support of the project and stated he has no issues regarding the request. He also noted he has no problems with the van signage as there is no present ordinance prohibiting this type of advertising. Alderman Wimmer concurred with Alderman Murgatroyd and supports Staffs recommendation to allow the event. Director of Community Development. Napolitano clarified the van signage is currently permitted as on-site advertising. Alderman Condon requested the matter of signage be voted on separately. Motion by Peterson, seconded by Murgatroyd, to accept Staffs recommendation to approve a request by Darrick Franzen to host the Second Annual Antique Tractor Show at Petersen Historic Farm on October 14-15, 2006, and to waiver the park usage fees for this event. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Peterson, to accept Staff s recommendation to approve temporary signage for the Second Annual Antique Tractor Show to be held at Petersen Historic Farm on October 14-15, 2006, and to waive all signage fees. Voting Aye: Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Santi, Glab, Condon. Absent: None. Motion carried. Mr. Franzen presented Mayor Low with a check in the amount of $1,000 to be utilized for Petersen Farm Historic Barn restoration. Mayor Low expressed the City's gratitude to Mr. Franzen for his generosity. December 12, 2005 Page 5 REQUEST FOR FINAL PAYMENT FOR SERVICES RELATING TO THE HUNTERVILLE PARK SANITARY SEWER/WATER MAIN EXTENSION —THELEN SAND AND GRAVEL Assistant Director of Public Works Fink stated as Council will recall, the City had contracted with Thelen Sand and Gravel to begin work on the construction of the sanitary sewer and water main extension to Hunterville Park Subdivision. However, Hunterville Park Subdivision residents have recently made the decision to abandon the project as it was too costly. Assistant Director Fink noted that Thelen Sand and Gravel expended certain costs prior to its cancellation. It is Staffs recommendation to approve payment to Thelen for their expenses initiated by this aborted project in the amount of$121,225.40, as follows: Test holes on site $ 1,750.00 Materials (lift station and generator) $104,475.43 Shop drawings $ 15,000.00 Total $121,225.40. Assistant Director Fink noted the materials could be used on other sites. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to approve the final payment for the Hunterville Park Subdivision Sanitary Sewer and Water Main Extension to Thelen Sand and Gravel in the amount of$121,225.40. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Santi commended the McHenry Police Department for their quick response and resolution to the incident regarding School District 15 bus vandalism. EXECUTIVE SESSION: PROPERTY ACQUISITION AND PERSONNEL Motion by Murgatroyd, seconded by Santi, to go into Executive Session to discuss Property Acquisition and Personnel at 7:59 p.m. December 12, 2005 Page 6 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:03 p.m. Motion by Murgatroyd, seconded by Wimmer, to go back into Open Session at 8:59 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 8:59 p.m. OPEN SESSION Motion by Condon, seconded by Murgatroyd, to approve the department head evaluations as presented: Chief of Police Thomas O'Meara Grade 26,Step 9 $96,888 Director of Parks and Recreation Merkel Grade 21,Step 10 $82,355 plus one-time bonus of$1,360 Director of Community Development Napolitano Grade 23,Step 8.5 $84,710 Director of Public Works Marcinko Grade 25,Step 5 $81,449 and to authorize Staff to offer up to but not exceeding $50,000 for the purchase of an additional parcel of land plus a 100' wide construction easement adjacent to the Medical Arts Building located at 1110 North Green Street. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:00 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:00 p.m. MAYOR CITY CLERK REGULAR MEETING DECEMBER 5, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 5, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Director of Public Works Marcinko, Director of Community Development Napolitano,. and Community Relations Management Assistant Hobson. Absent: Chief of Police O'Meara, Director of Parks and Recreation Merkel. PROCLAMATION: HONORING BETH TAYLO . RECIPIENT OF CHICAGO TRIBUNE'S MOST GLORIOUS GARDENS AWARD Mayor Low stated the City was most fortunate to have a major award winner of the Chicago Tribune's Most Glorious Gardens contest in the City of McHenry. She read into the record a proclamation honoring Beth Taylor of 1501 North Green Street. Mayor Low congratulated Ms Taylor on winning the award and expressed the City of McHenry's appreciation for her diligent and creative gardening and beautifying the community. TEN MINUTE PUBLIC INPUT SESSION There was no one who wished to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Santi, seconded by Schaefer, to approve the Consent Agenda as presented: a. Resolution providing for the Annual Inflation Adjustment for Water and Sewer Rates; b. Request to advertise for bids for printing of FY 2006/2007 Parks and Recreation Brochures and City of McHenry Newsletters. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES GRANTING ANNEXATION AND ZONING MAP AMENDMENT — KUBIK PROPERTY, LOCATED AT THE CORNER OF ROSEDALE AND LINCOLN ROADS Director of Community Development Napolitano state the applicant, Robert Kubik, is seeking annexation and zoning map amendment to RS-2 Medium-Density Single-Family zoning for his property located at the southwest comer of the intersection of Rosedale and Lincoln Roads The applicant intends to construct a single-family residence on the premises. Director Napolitano reported the Planning and Zoning Commission at a Public Hearing held on November 17, 2005 voted unanimously to recommend approval of the request. Staff concurs with the Commission's recommendation. December 5, 2005 Page 2 Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to authorize the Mayor and City Clerk's execution of an ordinance annexing the Kubik property, located.at the southwest corner of the intersection of Rosedale Road and Lincoln Road, comprised of.33 acre. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: None. Absent: None. Motion carried. Motion by Schaefer, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance approving a zoning map amendment to RS-2 Medium-Density Residential Zoning District for the Kubik Property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. [EPA WATER QUALITY CERTIFICATION OF RIVERWALK - $10,000 Management Assistant for Community Relations Hobson reported the City recently received correspondence from the Illinois Environmental Protection Agency (IEPA) which included a fee certification worksheet. Computing the required fee for certification resulted in a cost of $10,000 which must be paid to the IEPA for Water Quality Certification for the Riverwalk project. Staff recommends payment of the $10,000 fee to the IEPA. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve payment of $10,000 to the IEPA for Water Quality Certification for the Riverwalk project. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. YEAR 2006 LOCAL SHARE AGREEMENT FOR PACE DIAL-A-RIDE SERVICE) City Administrator Maxeiner stated the City annually enters into a Local Share Agreement with PACE for Dial-A-Ride services. This program offers more flexibility than PACE's regular routes as it provides curb-to-curb service for residents whose trip originates or ends in the City of McHenry. City Administrator Maxeiner provided Council with a comparison of 2005 Agreement rates versus those being proposed for 2006 as follows: Year 2006 Year 2005 Rider Fares $11,266 $11,266 PACE Subsidy 143,468 139,969 Local Share 82,420 69,831 Total $237,154 $221,066 'December 5, 2005 Page 3 City Administrator Maxeiner noted it is Staffs recommendation to entire into a Local Share Agreement with PACE for Dial-A-Ride Service. Motion by Wimmer, seconded by Peterson, to accept Staffs recommendation to authorize the Mayor's execution of a Local Share Agreement with PACE for Dial-A-Ride Service for the year 2006 in the City of McHenry. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _ Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported she had received numerous telephone calls and notes commending the City on this year's holiday decorations and lighting of park facilities, particularly Veteran's Memorial Park. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner reported the Dress Barn suffered an armed robbery today which is currently being investigated by the Police Department. City Administrator Maxeiner also reported there was a chemical spill today at the intersection of Front and Elm Streets. Further information will be provided to Council in this week's Friday Report. City Administrator Maxeiner noted Chief O'Meara's absence this evening is due to the Department's CALEA Assessment currently underway. FUTURE AGENDA ITEMS Alderman Glab stated in light of the Metra tragedy in Elmwood Park, perhaps the McHenry area Metra Station location should be revisited by Council. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 7:44 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 7:44 p.m. MAYOR CITY CLERK REGULAR MEETING NOVEMBER 21, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 21, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, and Community Relations Management Assistant Hobson. Absent: Director of Community Development Napolitano, Director of Parks and Recreation Merkel. TEN MINUTE PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Schaefer, seconded by Murgatroyd, to approve the Consent Agenda as presented: a. Award of Bid for purchase of Skid Steer Loader — McCann Industries Inc; b. Approve purchase of replacement duty weapons from Sigarms c. Approve City Council Minutes: i. November 7, 2005 regularly scheduled meeting; d. Approve List of Bills: A-ABLE ALARM SERVICE INC 1,335.19 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,274.34 ACRES GROUP 23,850.00 ADAMS ENTERPRISES INC, R 9,271.65 ADAMS OUTDOOR POWER EQUI 280.21 ADAMS STEEL SERVICE INC 240.99 AG PLUMBING 227.50 ALEXANDER CHEMICAL CORP 1,639.75 ALEXANDER EQUIPMENT COMP 269.80 ALEXANDER LUMBER CO 176.15 AMERICAN WATER WORKS ASS 140.00 AMSTERDAM PRINTING & LIT 522.23 ANTIOCH TIRE INCORPORATE 6,841.27 ARAMARK WORK APPAREL & U 273.35 ARCH 19.59 ARNET, ALICE 21.72 B AND H INDUSTRIES 375.40 B&W CONTROL SYSTEMS INTE 3,954.28 BAKER & SON CO, PETER 152,247.01 BASTIAN, THOMAS P 385.00 BAXTER & WOODMAN 33,976.83 BEST WAY 24 HOUR TOWING 25.00 BJORKMAN'S ACE HARDWARE 30.00 BONCOSKY OIL COMPANY 30,681.52 BOONE CREEK GOLF CLUB IN 380.00 BRADY & ASSOCIATES, PHIL 3,325.00 BRANIFF COMMUNICATIONS I 12,106.00 BREMER, CURTIS 220.50 BULL VALLEY BP 12.00 BUSS FORD SALES 955.84 CARQUEST AUTO PARTS STOR 434.11 CASTLE GARDENS INC 16,175.00 CB&I CONSTRUCTORS INC 650,907.90 CENTEGRA OCCUPATIONAL ME 178.75 CERTIFIED SERVICES INC 141.63 CHARPIE CONSTRUCITON COM 58,747.00 CHEMICAL PUMP SALES AND 864.20 November 21, 2005 Page 2 CHICAGO INTERNATIONAL TR 930.70 CINQUEGRANI, NICHOLAS L 100.22 CINTAS CORPORATION #355 1,113.91 CLARKE ENVIRONMENTAL MOS 6,219.00 CLIFFORD-WALD 86.82 COMED 46,355.16 COMMUNICATIONS REVOLVING 1,615.00 CONSERV FS 2,176.00 CRAFT CONCRETE PRODUCTS 22.00 CRYSTAL LAKE RADIATOR & 130.00 CRYSTAL MANOR STABLE 150.00 CURRAN CONTRACTING COMPA 1,119.96 CUSTOM LANDSCAPING 1,950.00 D'ANGELO NATURAL SPRING 43.50 DAILY HERALD 805.00 DELISI, PHIL 141.00 DELL MARKETING LP 165.95 DELLO BASKETBALL SCHOOL, 2,005.00 DOCUMENT IMAGING DIMENSI 1,585.00 DURA WAX COMPANY INC, TH 106.10 E2 PROMOTIONS INC 400.95 EAST JORDAN IRON WORKS 803.58 ED'S RENTAL & SALES INC 47.20 EDESIGN INC 547.50 EHRHARDT, LISA 26.00 EJ EQUIPMENT 243.93 ELEMENT K JOURNALS 147.00 EMPLOYEE DATA FORMS INC 38.50 ENVIRONMENTAL RESOURCE A 107.00 ESRI 427.40 FAST EDDIES CAR WASH 65.65 FBI NAA 40.00 FEDERAL SIGNAL CORPORATI 27,341.90 FEDEX 130.93 FERET, SUZANNE 57.00 FIORITA, MARIA 233.98 FIRST NAT'L BANK OF MCH 22.50 FISCHER BROS FRESH 3,962.14 FISHER, MARC 129.80 FOREMAN & COMPANY, JOSEP 619.00 FOTO FAST 6.00 FOX VALLEY CHEMICAL CO 24.88 FOXCROFT MEADOWS INC 954.41 FRANKLIN, JAMES 470.00 FRANKLIN, JAMES A 216.07 FREUND, LORETTA 40.00 G IMPRESSIONS INC 862.50 GALLAGHER RISK MANAGPMEN 50.00 GANDOR, MARK 17.04 GARRELTS & SONS INC 3,810.70 GERAGHTY, MARCI 64.54 GEWALT, KARL 53.37 GITZKE, WILLIAM 207.40 GOVERNMENT FINANCE OFFIC 150.00 GRAY ROOFING & REMODELIN 4,960.00 GREAT LAKES FIRE & SAFET 402.95 GREEN ENVIRONMENTAL GROU 1,600.00 GROWER EQUIPMENT & SUPPL 143.64 GUSTAFSON, MAUREEN 18.00 HAASE, MIKE 475.00 HACH COMPANY 193.60 HARRIS, TIMOTHY 341.99 HERITAGE-CRYSTAL CLEAN 94.20 HUBBARD, CAROLYN 47.00 HYDRAULIC SERVICES AND R 274.60 HYTEN, JUDITH 125.00 IDEA ART 137.70 IER COMPUTER 162.00 ILLINOIS FIRE & POLICE 375.00 ILLINOIS GFOA 300.00 ILLINOIS MUNICIPAL LEAGU 20.00 INNOVATIVE PACKAGING INC 307.00 INTEGRA BUSINESS SYSTEMS 62.15 JOANNES HAIR CARE 30.00 JP MORGAN TRUST COMPANY 715,100.00 JULIE INC 322.90 KALE UNIFORMS INC 806.80 November 21, 2005 Page 3 KIMBALL MIDWEST 1,641.96 KIRCHNER FIRE 260.00 KLITZ CUTTING TOOLS INC 94.09 KOCH, MAX 40.00 KOEUNE, CINDY 32.00 KOMLINE-SANDERSON 1,307.40 KREASSIG, DANIEL 400.95 KUNZER, KATHLEEN 50.44 LAKESIDE PEST CONTROL SE 91.00 LAMBERT, FRAN 54.00 LANG PONTIAC-CADILLAC-SU 205.60 LANGE, MICHAEL 106.46 LAW ENFORCEMENT SYSTEMS 156.00 LEACH ENTERPRISES INC 98.52 LEWIS EQUIPMENT CO 57.82 LOCKER'S FLOWERS 41.00 LOFGREN, GREG 78.15 LUMBER, ROBERT 49.91 LUNKENHEIMER, PATTIE 51.29 MAD SCIENCE OF MCHENRY C 225.00 MANAGEMENT LEARNING LABO 1,200.00 MANNERIONO JR, MICHAEL 16.97 MARATHON TOWING 120.00 MARCINKO, DANIEL J 475.81 MARENGO DISPOSAL CO 4,220.00 MARYS FLOWERS & GIFTS 47.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 215.68 MCCWRT FLAG FOUNDATION 40.00 MCHENRY ANALYTICAL WATER 72.00 MCHENRY COMMUNITY HIGH S 4,332.00 MCHENRY COMMUNITY SCHOOL 6,141.00 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COLLEGE 7,285.00 MCHENRY COUNTY COUNCIL 0 33.00 MCHENRY COUNTY RECORDER 475.00 MCHENRY COUNTY SUPPLY IN 1,409.43 MCHENRY ELECTRIC & SUPPL 2,324.55 MCHENRY NAPA 2,255.85 MCHENRY POLICE PENSION F 168,242.89 MCHENRY PUBLIC LIBRARY 366.00 MCHENRY SCHOOLS TRANSPOR 180.95 MCHENRY WATER/SEWER FUND 35.87 MCMASTER-CARR SUPPLY CO 216.63 MEADOW EQUIPMENT SALES & 13,281.04 MERKEL, PETE 67.69 MEYER MATERIAL COMPANY 173.84 MID AMERICAN WATER OF WA 1,359.60 MIDWEST ENVIRONMENTAL CO 3,250.00 MINUTEMAN PRESS OF MCH 50.98 MOBILE OFFICE DESIGNS IN 1,165.92 MOLL, DALE 159.72 MOLNAR, JAMES 125.25 MOMCC 20.00 MONROE TRUCK EQUIPMENT 3,735.00 MORAINE EMERGENCY PHYSIC 267.00 MULTIDIMENSIONAL THERAPI 168.00 MURDOCK INC 1,970.00 NATIONAL AWARD SERVICES 474.50 NATIONAL KURB KUT OF ILL 220.00 NATIONAL RECREATION AND 465.00 NATIONAL WATERWORKS 796.13 NCL OF WISCONSIN INC 388.18 NEXTEL COMMUNICATIONS 2,427.56 NICOLET SCENIC TOURS 7,200.00 NICOR GAS 1,100.58 NIEMAN, ERIN 34.44 NORSHORE ALARM CO INC 85.00 NORTH EAST MULTI-REGIONA 225.00 NORTH SUBURBAN WATER 75.00 . NORTHERN KEY & LOCK INC 125.00 NORTHWEST ELECTRICAL SUP 1,181.04 NORTHWESTERN UNIVERSITY 548.13 OFFICE DEPOT INC 682.01 OHLIN SALES INC 84.77 ORIENTAL TRADING CO INC 261.00 ORR & ASSOCIATES, KATHLE 33.00 November 21, 2005 Page 4 OSTDICK, JEFFREY 26.00 OTIS ELEVATOR COMPANY 601.86 OTTOSEN TREVARTHEN BRITZ 2,479.50 PACE 11,444.29 PACIFIC SALES & MANUFACT 81{8.25 PACINI GROUP, THE 30.00 PAPROCKI, KRISTINE 60.6� PEPSI-COLA GENL BOT 140.05 PERRICON GARDEN CENTER & 60.00 PETERSEN SAND & GRAVEL 286.09 PETROW, STEPHANIE S 150.00 PHILLIPS, PAT AND STEPHE 2,500.00 PORTER, DAVID L 48.00 r PROSAFETY INC 328.85 QUAYLE, SEAN 50.00 QUICK, KATHLEEN 137.36 QUILL CORPORATION 133.96 R & S DISTRIBUTORS INC 503.30 RADICOM INC 770.89 REGNER, WILLIAM J 102.50 RELIABLE SAND & GRAVEL 385.00 REWIAKO, RICHARD 8.00 RINGWOOD BP 30.00 RIVERSIDE ANIMAL CLINIC 81.00 RIVERSIDE BAKE SHOP 59.69 ROC CONSTRUCTION SUPPLY 261.80 ROCKFORD INDUSTRIAL 259.00 ROCKFORD REGISTER STAR 610.50 RUSHING, RHONDA 190.00 RUSHING, RHONDA F LANG- 18.24 S&S WORLDWIDE INC 252.84 SAM'S CLUB 158.78 SBC 6,024.35 SBC LONG DISTANCE 49.55 SCAN-AM 205.00 SCHABOW, DEB 25.00 SCHEEL, BRYAN 85.42 SCHMITT, JON 70.25 SEMROW JR, HARRY H 1,527.50 SETTLERS HILL RDF 10,885.83 SEXTON, ERIC M 42.05 SHERMACH, DICK 1,075.00 SHERMAN MECHANICAL INC 1,039.10 SMITH ENGINEERING CONSUL 159,132.17 SOLUTIONS WIRELESS 112.47 SPAETH, TOM 60.00 SPRING ALIGN OF PALATINE 227.96 SSMG 1,386.07 STANDARD EQUIPMENT COMPA 443.27 STANS OFFICE TECHNOLOGIE 1,637.93 STAPLES BUSINESS ADVANTA 511.37 STATE TREASURER IDOT 5,050.77 STICKNEY HOUSE FOUNDATIO 50.00 THOMAS TRUCKING INC, KEN 690.00 THOMAS, LARRY 25.00 THOMPSON ELEVATOR INSPEC 60.00 THREE D DESIGN STUDIO LL 5,787.56 TOPS IN DOG TRAINING COR 890.75 TRAFFIC CONTROL & PROTEC 2,064.74 TRAFFIC CONTROL CORPORAT 7,200.00 TRANSCHICAGO TRUCK GROUP 305.56 ULTRA STROBE COMMUNICAIT 50.85 UNIFORMITY INCORPORATED 104.24 UNITED LABORATORIES 162.51 US MARKERBOARD 696.50 USA BLUEBOOK 90.20 VARGAS, DORY 84.00 VELEZ, JENNIFER 285.60 VIRGILS, LAURA L 44.62 VLCEK, PEGGY 59.64 WAREHOUSE DIRECT 666.01 WASTE MANAGEMENT 576.00 WATER PRODUCTS - AURORA 566.90 WEYMOUTH, TRACIE 26.00 WHOLESALE DIRECT INC 136.19 WILLIAM BROTHERS CONSTRU . 649,006.20 WINKELMAN, KELLY 47.00 November 21, 2005 Page 5 WIRCH, STEVE 102.20 WIRTZ, PAT 48.00 WOLF CAMERA & VIDEO 302.82 XL STEEL DOOR CO 950.00 YOUNG REMBRANDTS INC 315.00 ZMT INC 1,233.86 ZUKOWSKI ROGERS FLOOD & 22,704.95 GRAND TOTALS 3,010,714.37 FUND TOTALS GENERAL FUND 424,575.94 ANNEXATION FUND 10,839.00 MOTOR FUEL TAX FUND 157,107.01 DEVELOPER DONATION FUND 9,837.56 TIF FUND 4,883.00 DEBT SERVICE-1997A FUND 715,100.00 CAPITAL IMPROVEMENTS FUND 44,575.75 WATER/SEWER FUND 88,550.93 UTILITY IMPROVEMENTS FUND 1,507,592.53 EMPLOYEE INSURANCE FUND 52.38 RISK MANAGEMENT FUND 1,213.25 INFORMATION TECHNOLOGY FUND 3,744.61 DEVELOPMENTAL ESCROW 1,075.00 RETAINED PERSONNEL ESCROW 41,567.51 TOTALS 3,010,714.37 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR HONORARY STREET SIGN Assistant to the City Administrator Martin summarized the request from Judith Baur- Schmitt to have a portion of Elm Street plaqued in the Honorary Street Program as Baur Avenue. Mr. Martin stated that Ms. Baur-Schmitt completed the application which was recently approved for this program. She has also provided Staff with documentation in support of the requested honorary street designation. Mr. Martin stated it is Staff s recommendation to pass a resolution designating that portion of Elm Street between Front Street and Richmond Road with the honorary street entitled "Baur Avenue". Alderman Peterson requested clarification regarding the exact portion of Elm Street which would have the honorary name distinction. Mr. Martin clarified the designation would be Elm Street between Richmond Road and Front Street. Mayor Low noted the Baur's were able to provide documentation in support of their request. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to pass a resolution establishing that portion of Elm Street between Richmond Road and Front Street with the honorary street name of"Baur Avenue". Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 21, 2005 Page 6 COMMITTEE RECOMMENDATION: APPROVE ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 TRAFFIC CODE TO CREATE NO RIGHT TURN ON RED DURING SCHOOL DAYS WHEN CHILDREN ARE PRESENT — WESTBOUND TRAFFIC ON PEARL STREET AT RICHMOND ROAD (NORTH ROUTE 31) In attendance was Ms. Sheila Murphy, Principal at Montini Middle School located on Richmond Road. Director of Public Works Marcinko summarized the request submitted by Montini Middle School for a restriction from right turns on red at the intersection of Pearl Street onto Richmond Road during school hours when children are present. Ms. Murphy informed Staff that there have been several occasions when pedestrians have encountered difficulty in crossing Richmond Road due to motorists making right turn on red. Ms. Murphy expressed concern for teachers, guards, and children's safety at this location. Director Marcinko noted this matter was discussed at the November 14, 2005 Public Works Committee Meeting. The Committee supported the request to restrict right turns on red onto Richmond Road from Pearl Street on school days when children are present. Motion by Schaefer, seconded by Condon, to accept the unanimous recommendation of the Public Works Committee to create no right turn on red during school days when children are present for westbound traffic on Pearl Street at Richmond Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADDENDUM NO 1 — SEC ENGINEERING SERVICES AGREEMENT FOR BULL VALLEY ROAD/MILLER ROAD/CHAPEL HILL ROAD TRAFFIC IMPACT STUDY Director Marcinko stated Council at its November 15, 2004 regularly scheduled meeting approved an engineering services agreement with Smith Engineering Consultants (SEC) for the Bull Valley Road/Miller Road/Chapel Hill Road Traffic Access and Impact Study. SEC has submitted an addendum to the original contract for services requested by the City and McHenry County Transportation Department. The cost for additional services is $31,356 which will be split between McHenry County Transportation Department and the City of McHenry. Staff recommends approval of the contract addendum in the amount of $31,356 of which $15,678 will be paid by the City of McHenry. Motion by Condon, seconded by Peterson, to accept Staffs recommendation to approve Addendum #1 to the Agreement for Consultant Services with SEC for the Bull Valley Road/Miller Road/Chapel Hill Road Traffic Access/impact Study in an amount not to exceed $31,346, with $15,678 to be due from the City of McHenry. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 21, 2005 Page 7 COMMITTEE RECOMMENDATION TO: 1. APPROVE ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7 CREATING TEARDOWN REGULATIONS 2. CONDUCT PUBLIC HEARING BEFORE PLANNING AND ZONING COMMISSION TO CONSIDER TEXT AMENDMENT REGARDING LOT WIDTH IN RS-4 ZONING DISTRICT Assistant to the City Administrator Martin stated the Community Development Committee has recently studied in depth possible teardown regulations which could be implemented in the City of McHenry. The proposed regulations include definitions, site criteria, building plan submittal requirements, construction requirements and notification requirements. A Teardown Committee would be formed to review new structures proposed for teardown sites and infill parcels. It is the Community Development Committee's recommendation to adopt an ordinance amending the Municipal Code and creating teardown regulations in the City. Assistant to the City Administrator Martin stated the Community Development Committee also recommended Council consider initiating the process to amend the Zoning Ordinance by changing the required lot width in the RS-4 High Density Single-Family Zoning District. The Code currently requires a 40' lot width. The Committee recommends the lot width for this district be established at 50 feet in order to preserve the integrity of existing neighborhoods in the old part of town. Alderman Peterson opined a $175 teardown application fee is inadequate, especially as Teardown Committee members must be paid for their attendance at meetings. He suggested $300-$400 would be more adequate. Alderman Condon commended Staff on efforts in research and providing the final documents submitted regarding teardown regulations. Alderman Santi agrees with Alderman Peterson's concerns. He noted since teardowns would be reviewed on a case-by-case basis, he does not believe the time invested by the Committee would be excessive. Alderman Glab suggested the fee structure could be addressed at a later date. City Attorney McArdle advised the ordinance could be approved and fee structures could be addressed at a later date. Alderman Schaefer noted he would like to see partial teardowns addressed in the document. Alderman Murgatroyd concurred with Alderman Schaefer. Assistant to the City Administrator Martin stated the ordinance is an evolving document which could be reviewed and modified from time to time. Alderman Condon suggested application fee, partial teardowns and committee member payment be addressed at the next Community Development Committee Meeting. November 21, 2005 , Page 8 Alderman Glab requested Staff provide Council with the number of lots less than 50 feet wide in the City. Motion by Wimmer, seconded by Schaefer, to accept the recommendation of the Community Development Committee to pass an ordinance amending Chapter 7 of the Municipal Code, establishing Teardown Regulations in the City of McHenry. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Schaefer. Absent: None. Motion carried.. Motion by Wimmer, seconded by Murgatroyd, to accept the recommendation of the Community Development Committee to direct Staff to prepare for a public hearing before the Planning and Zoning Commission to consider a text amendment for lot width in the RS- 4 High Density Single-Family Residential District. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reminded Council of the Tree Lighting Ceremony at Whispering Oaks Park on Saturday, December 3, 2005 at 4 p.m. Mayor Low wished everyone a Happy Thanksgiving. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon referenced the Community Development Committee minutes relating the Homeowners Association Approval of building permits. She acknowledged the consensus of the Committee was that policy agreed to by Council. She suggested a letter be drafted announcing the policy change regarding Homeowners Association approval effective January 1, 2006. Chairman Condon noted the issues expressed regarding teardown regulations are valid and will be addressed at the next Community Development Committee meeting. STAFF REPORTS City Administrator Maxeiner requested an Executive Session to discuss Collective Bargaining. FUTURE AGENDA ITEMS No Future Agenda Items were discussed. EXECUTIVE SESSION: PERSONNEL AND COLLECTIVE BARGAINING Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss November 21, 2005 Page 9 Personnel and Collective Bargaining at 8:17 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:25 p.m. Motion by Murgatroyd, seconded by Wimmer, to go back into Open Session at 8:47 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 8:47 p.m. OPEN SESSION Motion by Wimmer, seconded by Santi, to accept the recommendation of the Mayor, Finance and Personnel Committee and the City Administrator, to promote Douglas Martin to Assistant City Administrator, Grade 22, Step 4 effective immediately. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:48 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:48 p.m. MAYOR CITY CLERK REGULAR MEETING NOVEMBER 14, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 14, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: None. Mayor Low recognized the attendance of members of Cub Scout Weeblo Pack 131 who led Council in the Pledge of Allegiance. TEN MINUTE PUBLIC INPUT SESSION Resident Diana Mantzoros of 1904 Oak Drive addressed Council requesting approval to solicit funds to pay for a vest for Canine Officer Otto and his partner Officer Larry Popp. Mayor Low thanks Ms. Mantzoros for her generous offer. CONSENT AGENDA Alderman Peterson requested Consent Agenda Item A, 2005/2006 Snowplowing Services for Country Club Subdivision and Feger Subdivision, be pulled from Consent Agenda for further discussion. Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as amended: b. Request to advertise for bids for Well No 2 and Well No 3 Rehabilitation; c. Request for temporary signs and waiver of associated fees HALO Fall Craft and Bake Sale; d. Approve List of As-Needed Checks: AFLAC 1,786.00 ALBERTSONS 6.28 BANKCARD SERVICES 3,509.68 BASTIAN, THOMAS P 3,600.00 BENEFIT SYSTEMS & SERVIC 20,143.71 BORDERS INC 1,635.26 BRITE STAR PRODUCTIONS I 20,000.00 CHARPIE CONSTRUCITON COM 35,640.00 FOP UNITS I/II 1,938.00 HOBBY LOBBY STORES INC 334.57 HOME DEPOT/GECF 183.14 ILLINOIS DEPARTMENT OF P 958.00 ILLINOIS STATE POLICE 20.00 LESHINSKI, DAVID 150.00 MANAGEMENT LEARNING LABO 3,000.00 MCHENRY COUNTY CLERK 10.00 MEADOW EQUIPMENT SALES & 107,695.30 MERKEL, PETE 930.00 NCPERS GROUP LIFE INS. 319.00 NEXTEL COMMUNICATIONS 2,453.03 NICOR GAS 628.82 NWBOCA 45.00 PETS IN NEED 35.00 PETTY CASH FUND 184.61 POSTMASTER MCHENRY IL 1,036.65 PURSUIT ADVENTURE INC 560.00 RIDINGS INC, BOB 23,140.00 November 14, 2005 Page 2 SAM'S CLUB 154.92 SECRETARY OF STATE 390.00 SECRETARY OF STATE/INDEX 10.00 UNITED PARCEL SERVICE 132.95 UNITED STATES LIFE INSUR 1,233.90 VAN METER & ASSOECIATES 95.00 VELEZ, JENNIFER 198.00 WALMART COMMUNITY 509.02 GRAND TOTALS 232,665.84 FUND TOTALS GENERAL FUND 82,270.83 DEVELOPER DONATION FUND 3,000.00 WATER/SEWER FUND 3,906.18 UTILITY IMPROVEMENTS FUND 143,335.30 EMPLOYEE INSURANCE FUND 4.06 INFORMATION TECHNOLOGY FUND 149.47 TOTALS 232,665.84 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM A: 2005/2006 SNOWPLOWING SERVICES FOR COUNTRY CLUB SUBDIVISION AND FEGER SUBDIVISION Assistant to City Administrator Martin stated the increased cost of proposed snowplowing services represents a 4% increase over last year's amount. City Administrator Maxeiner noted the proposed cost is more competitive than that which could be rendered by a private service for these subdivisions. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to provide snowplowing services for the 2005/2006 season to Country Club Subdivision in the amount of$1,424.95 and Feger Subdivision in the amount of$1,557.31; and that rates for services beyond the 20 passes included in the original amounts be computed at the hourly rate of$77.86 for Country Club Subdivision and $89.74 for Feger Subdivision. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES APPROVING THE FOLLOWING FOR LIVING SPRINGS OF MCHENRY LLC: 1. ANNEXATION AGREEMENT 2. ANNEXATION 3. ZONING MAP AMENDMENT 4. CONDITIONAL USE PERMIT Mayor Low announced the Agenda Item regarding Living Springs of McHenry LLC has been removed from tonight's Agenda at the petitioner's request. November 14, 2005 Page 3 CONTRACT FOR SERVICES RELATING TO ASBESTOS REMOVAL AT THE MEDICAL ARTS BUILDING LOCATED AT 1110 NORTH GREEN STREET - MIDWEST ENVIRONMENTAL CONSULTING SERVICES INC Assistant to the City Administrator Martin stated Staff is seeking authorization to enter into a contract with Midwest Environmental Consulting Services to provide project design and contractor bidding services for asbestos removal for the Medical Arts Building located at 1110 North Green Street. The contract also includes project management and air monitoring while the asbestos removal takes place. Cost for these services is $15,000. Alderman Santi inquired if discussions regarding lease vacation have occurred with the remaining building tenants. City Administrator Maxeiner replied Staff is currently working with the tenants regarding vacation of the building. City Administrator noted the asbestos removal is contingent upon the City's closing on the purchase of this property. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to enter into a contract with Midwest Environmental Consulting Services for asbestos removal project design, project management, and air monitoring for the property located at 1110 North Green Street in an amount not-to-exceed $17,500, contingent upon the City's closing on the purchase of this property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO WAIVE BID REQUIREMENTS AND ENTER INTO AN ENGINEERING SERVICES AGREEMENT FOR THE INSTALLATION OF SCADA SYSTEM ON ELEVATED WATER STORAGE TANK NO 4 — B & W CONTROL SYSTEMS INTEGRATION LLC Director of Public Works Marcinko reminded Council at its January 5, 2004 regularly scheduled meeting Council awarded the implementation of the Supervisory Control and Data Acquisition (SCADA) system for water distribution to B & W Control Systems Integration LLC. Since that time the City has moved forward with the construction of its new elevated water storage facility at the southwest comer of the intersection of Crystal Lake Road and Bull Valley Road. Director Marcinko stated once this water storage facility is completed, its operations will need to be added to the existing SCADA system. Director Marcinko stated B & W Control Systems Integration has submitted an agreement to incorporate the newest elevated waster storage facility into the existing SCADA system in the amount of $16,480. Staff recommends waiving the bidding requirements and entering into an engineering services agreement with B & W Control Systems Integration to provide these services. Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to waive the bidding requirements and to approve an engineering services agreement between the City of McHenry and, B & W Control systems Integration LLC for the installation of a SCADA system for the Elevated Water Storage Facility No 4 in an amount November 14, 2005 Page 4 not-to-exceed $16,480. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent�- None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR FPA AMENDMENT — SMITH ENGINEERING CONSULTANTS INC Director Marcinko stated Council at its October 1.7, 2005 regularly scheduled meeting considered the Central Waste Water Treatment Plant long-range plan. At that time it was the consensus of Council that Staff should proceed with the consolidation of the City's waste water needs at the south plant. The first step in this process is to amend the City's Facility Plan Area (FPA). Director Marcinko noted -Smith Engineering Consultants (SEC) has submitted an engineering services agreement to perform the needed FPA amendment. The agreement also provides for the preliminary engineering design for the lift station and force main to pump the existing waste water flows from the central plant to the south plant. Director Marcinko stated Staffs recommendation is to enter into an engineering services agreement with Smith Engineering Consultants for the FPA amendment and preliminary engineering design for improvements needed to pump the existing waste water flow from the central plant to the south plant. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to enter into an engineering services agreement with Smith Engineering Consultants for the FPA amendment and preliminary engineering design for improvements needed to pump the existing waste water flow from the central plant to the south plant. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES APPROVING THE FOLLOWING FOR ONE-ACRE SITE ON WEST SIDE 'OF CRYSTAL LAKE ROAD FORMERLY KNOWN AS THE STADE PROPERTY : 1. ANNEXATION: 2. ZONING MAP AMENDMENT: 3. CONDITIONAL USE PERMIT TO ALLOW ELEVATED WATER STORAGE TANK NO 4 ON THE PREMISES Director of Community Development Napolitano stated the City has opted to erect its Elevated Water Storage Facility No 4 on the one-acre parcel of property on the west side of Crystal Lake Road recently purchased from Gordon Stade. In order to bring this property into the City, ordinances providing for its annexation, zoning map amendment and conditional use permit to allow the facility on the site must be approved. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing November 14, 2005 Page 5 held on October 6, 2005 unanimously recommended approval of the zoning map amendment to RS-1 Low Density Residential Zoning District and the granting of a conditional use permit to allow the municipal use of the elevated water storage facility on the property. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance annexing the one-acre Stade Property located west of Crystal Lake Road south of its intersection with Bull Valley Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a zoning map amendment to RS-1 Low Density Residential Zoning District and a Conditional Use Permit for the Stade Property to permit an elevated water storage facility on the premises. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PROPOSED 2005 TAX LEVY City Administrator Maxeiner reported each year the City must estimate revenues required to operate City functions. These amounts are included in the annual property tax levy submitted to the County Clerk for collection. The County Clerk must receive the ordinance providing for the annual tax levy no later than the last Tuesday in December. City Administrator Maxeiner stated since the tax levy request shows an increase of more than 5% when compared to last year's extension, a public hearing must be held and notice published in the local newspaper advising the public of the hearing. City Administrator Maxeiner suggested the public hearing be held on December 12, 2005 and that notice be published accordingly. A resolution must be passed establishing the public hearing date and alerting the public to the proposed tax levy amount of$3,924,511. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to establish the date of December 12, 2005 for the public hearing to consider the 2005 Tax Levy as required by the Truth-in-Taxation Act; and to approve a resolution setting the levy request for 2005 to be collected in 2006 at $3,924,511. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 14, 2005 Page 6 MAYOR— STATEMENT AND REPORT Mayor Low thanked the Jaycees for the nice Christmas walk and noted attendance was good for the event. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon announced a Community Development Committee Meeting is scheduled for November 15, 2005 at 7 p.m. in the Aldermen's Conference Room. Parks and Recreation Committee Chairman Alderman Peterson announced a Parks and Recreation Committee Meeting was held on November 9, 2005 and minutes will be forthcoming. STAFF REPORTS City Administrator Maxeiner reminded Council he is awaiting comments regarding Staff to be used in performance appraisals. FUTURE AGENDA ITEMS Alderman Condon noted she has received several calls from constituents in Winding Creek and Park Ridge Estates regarding the safety of children crossing Crystal Lake Road enroute to/from school. Alderman Condon requested Staff determine if sidewalks could be installed to facilitate student crossings. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 7:51 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 7:51 p.m. MAYOR CITY CLERK REGULAR MEETING OCTOBER 3, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, October 3, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: Director of Public Works Marcinko. TEN MINUTE PUBLIC INPUT SESSION Wilbert Hecht of Cherry Valley, Illinois addressed Council regarding issues he has previously expressed regarding plot ownership in the Woodland Cemetery. He stated the Woodland Cemetery Association has sold the plots illegally and requested City of McHenry assistance on his behalf. He stated he has previously requested the City's assistance and is once again before Council seeking resolution to his problem with plot ownership and illegal sale. PUBLIC HEARING: REQUEST FOR ANNEXATION AGREEMENT, ANNEXATION, ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT, AND VACATION OF MARYETTA STREET— LIVING SPRINGS OF MCHENRY LLC Mayor Low at 7:45 p.m. opened a Public Hearing regarding the request for annexation agreement, annexation, zoning map amendment, conditional use permit and vacation of Maryetta Street by Living Springs of McHenry LLLC. Mayor Low noted the applicant provided Council with a lengthy presentation of their proposed supportive living facility in July 2005. Responding to an inquiry, Director of Community Development Napolitano stated if the proposed supportive living facility ceases operation on- the site, the property would revert to an over-55 age-restricted facility. In response to an inquiry by Alderman Santi, applicant Steve Barrett stated the height of the building peak is 45'; the eave height is 33 feet. Alderman Santi inquired if the applicant intended to maintain the natural elements at the southern property line. Mr. Barrett responded in the affirmative. Alderman Glab inquired as to the date of dedication of Maryetta Street. He opined it was not the City's right to vacate the right-of-way as it is not owned by the City. Attorney for the applicant Christina Dahlman stated all documents indicate Maryetta Street is a public road. Ms. Dahlman stated she would provide Council with documentation regarding the dedication of Maryetta Street. Alderman Peterson inquired as to access of Cold Springs Park. Director Napolitano responded the Crystal Lake Road Sub-Area Plan is currently being developed. A new access point to the park is being discussed. Director Napolitano stated there is ample opportunity to create a new access point for this park. He noted the park is currently being accessed from Ponca Street, which is outside the City limits. October 3, 2005 Page 2 Alderman Condon expressed concern that.the City maintain its rights-of-way. She stated she would like to see the supportive living facility in the City, however, she opined this is not an appropriate location for it. Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:57 p.m. and to direct Staff to prepare ordinances approving the execution of an annexation agreement, the annexation, zoning map amendment, and conditional use permit for Living Springs LLC, and to prepare an ordinance vacating Maryetta Street. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab, Condon. Not Voting: None. Motion carried. CONSENT AGENDA Alderman Condon requested Consent Agenda Item E, Request for temporary sign for Antique Tractor Show, be removed for further discussion. Motion by Schaefer, seconded by Condon, to approve the Consent Agenda as amended: a. Ordinance amending Municipal Code Chapter 4, Sec 4-6(1) reducing the number of Class A Liquor Licenses from 25 to 24; b. Request to advertise for bids for the purchase of a Skid Steer Loader, c. Request to use City street for Annual Harvest Festival Hayride on Friday, October 21, 2005— Landmark School PTO; d. Request for purchase of rock salt from State of Illinois Joint Purchasing Program, $81,708; f. City Council Meeting Minutes: i. August 15, 2005 regularly scheduled meeting; g. Executive Session Minute Approval: 8/18/03; 9/29/03; 10/6/03; 11/17/03; 3/15/04; 3/22/04; 7/19/04; 8/2/04; 8/16/04; 10/4/04; 11/15/04; 12/6/04; 1/3/05; 1/17/05; 2/21/05; 6/20/05. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM E: REQUEST FOR TEMPORARY SIGN FOR ANTIQUE TRACTCOR SHOW Management Assistant for Community Relations Hobson stated the applicant Derrick Franzen is requesting a temporary sign to advertise the upcoming Antique Tractor Show at Petersen Farm. October 3, 2005 Page 3 Alderman Condon stated she supports the event, but is opposed to temporary advertising signs being displayed on trailers. Alderman Schaefer stated the sign might impede traffic sight lines. Motion by Murgatroyd, seconded by Wimmer, to approve a temporary sign for the Antique Tractor Show at Petersen Farm. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab, Condon. Absent: None. Motion carried. ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA 4A — LAKEWOOD ROAD SUBDMSION City Administrator Maxeiner stated the City had previously established a Special Service Area No 4 for the Lakewood Road Subdivision Sanitary Sewer Expansion Project. The SSA No 4 was established so that the City could recover 75% of the cost associated with the project. The residents concurred with the establishment of the Special Service Area. City Administrator noted when the original SSA was established, the cost was spread over the 25 area properties based on assessed valuation. The Lakewood Road Homeowner's Association preferred the cost be spread equally among the 25 lots. In order to accomplish this, the City must repeal the existing SSA #4 and complete the following steps: • Pass an ordinance proposing the establishment of SSA No 4A and establishing a public hearing on its formation; • Conduct the public hearing within 60 days of approval of the ordinance proposing the SSA, • After the public hearing, pass an ordinance establishing the SSA; • If petitions objecting to the new SSA have not been filed within 60 days after the public hearing is adjourned, the ordinance establishing the SSA must be filed with the County Clerk and would then become effective. City Administrator Maxeiner stated the Homeowner's Association has been notified of the process and the City's intent to create a new SSA. It is Staffs recommendation to approve an ordinance proposing the establishment of a new SSA for the Lakewood Road Subdivision to cover 75% of the cost associated with the sanitary sewer line expansion for this project and to schedule a public hearing for October 17, 2005. In attendance was Robert Kirschner of Lakewood Homeowner's Association. Mr. Kirschner stated the residents are pleased with the results of this project, especially as it assists in protecting the water quality of McCullom Lake. Mr. Kirschner noted the Association voted 24-1 to approve the establishment of the SSA as presented this evening. October 3, 2005 Page 4 Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to pass an ordinance proposing the establishment of Special Service Area 4A for the Lakewood Road Subdivision for the purpose of recovering 75% of the cost to install a low- pressure sanitary sewer system and to schedule a public hearing for October 17, 2005 to consider the establishment of the SSA. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES GRANTING APPROVAL OF THE ANNEXATION AGREEMENT, ANNEXATION, ZONING MAP AMENDMENT, AND PRELIMINARY PLAT-TOWNHOMES OF PRAIRIE LAKES Director of Community Development Napolitano reminded Council a public hearing has been held at which Council considered an annexation agreement, annexation, zoning map amendment, and preliminary plat approval of the Gilger Property by Windsor Development, now known as the Townhomes of Prairie Lakes. Director Napolitano stated the ordinances providing for the execution of an annexation agreement, annexation of the subject property, zoning map amendment, and preliminary plat approval are before Council for consideration this evening. Motion by Santi, seconded by Condon, to accept Staffs recommendation to pass an ordinance authorizing the Mayor and City Clerk's execution of an annexation agreement for the Gilger Property with Windsor Development as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: Glab. Absent: None. Motion carried. Motion by Condon, seconded by Santi, to accept Staffs recommendation to pass an ordinance annexing the Gilger Property comprised of 32 acres. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: Glab. Absent: None. Motion carried. Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to pass an ordinance providing for a zoning map amendment to RM-2 High Density Multi- Family Residential District. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. October 3, 2005 Page 5 Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance approving the Preliminary Plat of the Townhomes of Prairie Lakes prepared by Scheflow Engineers, last revised 8/9/05. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. AWARD OF BID FOR 2005 STREET PROGRAM — PETER BAKER AND SONS CO, $231,727.70 Assistant Director of Public Works Fink noted Council approved a -request to advertise for bids for the 2005 Street Resurfacing Program. Bid specifications were prepared, bids were sought and opened on September 12, 2005. The lowest responsible bid was received from Peter Baker and Sons of Lake Bluff, Illinois in the amount of $231,727.70. Staff is recommending acceptance of this bid, which is $61,550.30 below the engineer's projected cost for this project. Alderman Wimmer stated his pleasure the project came in below the projected cost. Aldermen Condon and Santi concurred with Alderman Wimmer. Motion by Wimmer, seconded by Glab, to accept Staffs recommendation to award the contract for the 2005 Street Resurfacing Program to Peter Baker and Sons of Lake Bluff, Illinois in an estimated amount of$231,727.70. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONTRACT WITH 31) DESIGN STUDIO FOR FINAL DESIGN AND CONSTRUCTION SERVIVCES— SHAMROCK FARMS PARK. $36,875 Director of Parks and Recreation Merkel stated the Parks and Recreation Committee has recommended 3D Design be contracted to provide a final design and construction services for Shamrock Farms Park in the amount of $36,875. Director Merkel noted the park is scheduled for development in Fiscal Year 200612007. This year's budget included a line item for final design and bid specification preparation in the amount of $25,000. Additionally, the developer contributed $3,000 toward park design and development. Alderman Condon stated the longer the plan design is postponed, the more expensive it will become. She stated she would like Council to move forward with the park design. In response to Alderman Glab's inquiry regarding the availability of parking, Director Merkel stated the parking lot is planned to the west. There are currently 90 parking spaces available. October 3, 2005 Page 6 Alderman Murgatroyd expressed his surprise the plan is moving forward prior to the creation and approval of the Parks Five-Year Master Plan. He noted the significant funds being expended in the five-year plan and opined no further park design or planning should occur until the five-year plan is approved and implemented. In addition, Alderman Murgatroyd noted the additional expense to be incurred by park maintenance Staff once the park is completed. Director Merkel responded the Parks Master Plan should be completed and ready for adoption by July 2006. Alderman Murgatroyd suggested tabling the Shamrock Farms Park design and development project until the Master Plan is adopted. Alderman Wimmer concurred with Alderman Murgatroyd. Alderman Peterson expressed his desire to move forward with the design of the park at this time. Alderman Condon stated she respects the opinion and concerns expressed by Aldermen Murgatroyd and Wimmer, however, she stated the Master Plan does not need to be approved to show the need for additional soccer fields and other amenities which could be provided at Shamrock Farms Park. Alderman Glab concurred with Aldermen Murgatroyd and Wimmer. Alderman Schaefer concurred with Alderman Condon. Alderman Murgatroyd stated it is not a matter of need for ball fields or soccer fields, but an issue of whether or not the amenities being proposed are appropriate for this park. He stated he is in favor of the project, but not its proposed timing. Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve a contract with 3D Design Studio of Grayslake, Illinois to provide final design and construction services for Shamrock Farms Park in the amount of$36,875. Voting Aye: Santi, Schaefer, Peterson, Condon. Voting Nay: Glab, Murgatroyd, Wimmer. Absent: None. Motion carried. REQUEST FOR: 1. AMENDMENT TO 2005/2006 OPERATING BUDGET TO PAY FOR CUSTOMER SERVICE TRAINING IN AMOUNT OF $7,500— FINANCE DEPARTMENT: 2. AUTHORITY TO CONDUCT CUSTOMER SERVICE TRAINING BY MCHENRY COUNTY COLLEGE, $7,600 City Administrator Maxeiner stated Mayor Low has indicated a priority in placing greater emphasis on internal and external customer service by Staff. To that end, the Human Resources Manager has sought the services of a firm to provide in-house training at an anticipated cost of $7,200 for 50 targeted employees. City Administrator Maxeiner Stated it is Staffs recommendation to amend the 2005/2006 fiscal year budget to utilize $7,500 from the Finance Department to cover the cost of the customer service training October 3, 2005 Page 7 provided onsite by McHenry County College. Alderman Peterson stated he was originally not in favor of the customer service training. However, he understands the training would be far-reaching throughout City Staff. Alderman Condon expressed her enthusiastic support of the training. In response to Alderman Glab's inquiry, City Administrator Maxeiner stated the training would be conducted in the Council Chambers of the Municipal Center. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to amend the 2005/2006 fiscal year budget by taking $7,500 from the Finance Department to pay for the cost of customer service training to be provided by McHenry County College at the McHenry Municipal Center for an estimated cost of $7,500 for approximately 50 targeted City employees. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO WAIVE BID REQUIRMENTS AND ACCEPT PROPOSAL TO REPLACE JAIL CELL LAVATORIES—ALTHOFF INDUSTRIES, $26,700 Assistant Public Works Director Fink reminded Council at its July 6, 2005 regularly scheduled meeting Staff was authorized to waive bid requirements and hire Sherman Mechanical Inc to replace jail cell lavatories for an amount not-to-exceed $15,762. Since that time, however, Sherman Mechanical informed Staff they inadvertently misquoted the number of fixtures and would require an additional $18,810 to complete the work. Staff then requested new quotes from the two firms who initially submitted quotes: Sherman Mechanical and Althoff Industries. The low bid was submitted by Althoff Industries in the amount of $26,700. Staff is seeking approval to waive the bidding requirements and accept the low bid submitted by Althoff Industries for jail cell lavatories replacement in the amount of$26,700. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to waive the bidding requirements and approve the award of project for the jail cell lavatories replacement project to Althoff Industries in the amount of$26,700. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported the water cross event recently held at Petersen Park Beach was well-attended and well-organized. Mayor Low complimented Staff and project organizers on the fine event. October 3, 2005 Page 8 Mayor Low read into the record a proclamation declaring October Staff Recognition and Awareness Month in the City of McHenry. COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer announced a Public Works Committee Meeting is scheduled for Monday, October 17, 2005 in the Aldermen's Conference Room at 6:30 p.m. Transportation Commission Chairman Alderman Wimmer announced a Transportation Commission Meeting is tentatively scheduled for Wednesday, October 26, 2005 in the Aldermen's Conference Room at 6:00 p.m. Parks and Recreation Committee Chairman Alderman Peterson announced a Parks and Recreation Committee Meeting has been scheduled for Wednesday, October 12, 2005 at 7:00 p.m. in the Aldermen's Conference Room. City Administrator Maxeiner stated Staff is attempting to schedule a Finance and Personnel Committee Meeting to discuss the Vehicle Sticker Program. He suggested a tentative date of Monday, November 7, 2005 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab suggested committee meeting start times of 6 p.m. might be too early for some committee members. Alderman Wimmer responded the date and time are both tentative. EXECUTIVE SESSION: COLLECTIVE BARGAINING Motion by Murgatroyd, seconded by Wimmer, to adjourn to Executive Session to discussion Collective Bargaining at 8:43 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:51 p.m. Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at 9:17 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. October 3, 2005 Page 9 ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:17 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:17 p.m. MAYOR CITY CLERK REGULAR MEETING AUGUST 29, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 29, 2005 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, Assistant to the City Administrator Martin, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel and Community Relations Management Assistant Hobson. Absent: TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the 10-minute input session. CONSENT AGENDA Alderman Condon requested that in Item F, the City Council Minutes of August 1, 2005 meeting, be pulled from the Consent Agenda for further discussion. Motion by Condon, seconded by Wimmer, to approve the Consent Agenda as amended: A. Temporary advertising sign and waiver of permit fee for Pioneer Center Fishing Derby; B. Ordinance amending Municipal Code Chapter 32 relating to Message Therapy; C. Final pay request from Ridgeview Electric, Inc. for installation of lighting at Petersen Park in the amount of$3,067; D. Purchase of Mobile Client Software fro INDICO, Inc, in an amount not to exceed $9,500; E. PicnictSpecial Use Permits; F. Approve City Council Minutes: a. June 20, 2005 regularly scheduled meeting; b. July 18, 2005 regularly scheduled meeting; and c. July 25, 2005 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Wimmer, to approve the Minutes of August 1, 2005 regularly scheduled Council meeting, at a later date, pending discussion regarding clarification of content with City Clerk Jones. Voting Aye: $anti, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. August 29, 2005 Page 2 USE OF VETERANS MEMORIAL PARK FOR ANTIQUE DEALERS SALE Management Assistant for Community Relations Hobson informed Council that a letter was received from Pamela Brunner, a McHenry resident and owner of a small shop in the Volo Antique Mall. Ms. Brunner is requesting permission to hold an Antique Dealers Sale in Veterans Memorial Park on Saturday, October 8, 2005. Mrs. Brunner intends to invite local antique dealers to participate in the sale. Staff opined the event would bring people to the downtown district and provide exposure for some of the unique stores McHenry has to offer. Veterans Memorial Park provides a venue, which is appealing to vendors and attendees. If successful, Mrs. Brunner hopes to make the Antique DealersSale an annual event. Motion by Schaefer, seconded by Santi, to accept Staffs recommendatiuon to approve a request for the temporary use of Veterans Memorial Park on Saturday, October 8, 2005 for an Antique Dealers Sale. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. USE OF PETERSEN HISTORIC FARM AND WAIVER OFALL ASSOCIATED FEES FOR ANTIQUE TRACTOR SHOW Management Assistant Hobson addressed Council stating City resident Darick Franzen has asked permission to host an antique tractor, truck and construction equipment show on the grounds of Petersen Farm on October 29, 2005. The event would run from 9:00 am to 5:00 p.m. In addition to the exhibition, Mr. Franzen would like to include a petting zoo, raffle, and pumpkin sales as part of the event. No alcohol would be served at the event. A $2.00 admission fee would be charged at the gate with the proceeds going to the FISH Food Pantry of McHenry. Because this event benefits a charity Mr. Franzen is requesting Council consider waiving the park usage fees. Mr. Hobson noted that as part of the event, the Landmark Commission would set up a tent with displays on the house and the farm, including selected antique items from the house and photographs of the original farmstead. Staffs' concern regarding the event is that parking would be in the hay field on the south side of McCullom Lake Road, which would necessitate pedestrians walking across McCullom Lake Road to attend the event. Staff suggests providing two police officers for traffic control during event hours. Mr. Hobson noted the event is being held on the same day as the Wonder Lake Ski Team's Haunted Hayride. However, the hayride does not begin until 7:00 p.m. Additionally, Mr. Franzen is seeking Council's approval to place a sign outside of the farm, adjacent to McCullom Lake Road, in an effort to call attention to the event. The sign would be approximately 4' x 8' in size and would be double-sided to notify both east August 29, 2005 = Page 3 and westbound vehicular traffic of the event. Alderman Santi verified there would be no conflict between the Antique Tractor event and the Haunted Hayride event. Alderman Glab requested confirmation that all proceeds from the event would go to the FISH Food Pantry. P k Alderman Murgatroyd opined he supports the Landmark Commission's exhibit at the event. Alderman Condon indicated her support of the event as an asset for the community. She requested confirmation from Police Chief O'Meara regarding sufficient manpower for the event and inquired about who would be responsible for the cost of the police officers' time. Mr. Hobson assured Alderman Condon that he would research the matter and it would be resolved prior to the event. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a request for use of Petersen Historic Farm on Saturday, October 29, 2005 for an antique tractor, truck and construction equipment show; and to waive the park usage and sign permit fees for the event. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. USE OF PETERSEN PARK FOR ANNUAL COUNTRY MEADOWS CRAFT SHOW Management Assistant Hobson informed Council the McHenry Area Chamber of Commerce has requested use of Petersen Park on Sunday , September 18, 2005, during the hours of 5:00 a.m. to 4:00 p.m. for the le annual Country Meadows Craft Show. Additionally, to assist in advertising the event, the Chamber is proposing to install a number of campaign style apple-shaped signs in the City right-of-way from September 3, 2005 through September 19, 2005. Mr. Hobson noted the signs would be removed on September 19, 2005 from the designated sites. The Chamber is requesting that Council consider waiving all associated fees for the event. However, Staff opined the $200 park use fee, plus a refundable $100 deposit and $30 sign permit is not unreasonable, relative to the impact regarding park use and signage. Responding to Alderman Condon's inquiry regarding police presence during the event, Police Chief O'Meara responded that no police presence has been required at past events. Alderman Glab requested the signs designated to be posted at the entrance at Petersen Park not be posted at the site until September 17, 2005, as they would present a August 29, 2005 Page 4 distraction. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to: approve a request for use of Petersen Park on September 18, 2005 for the annual Country Meadows Craft Show and to allow use of temporary signs subject to the following: • Payment of a $200 fee for park usage, plus a refundable $100 deposit and a $30" fee for a sign permit; • The two signs at the entrance of Petersen Park will not be installed and displayed until September 17, 2005; and additional signs will be displayed as follows, from September 3, 2005 through September 19, 2005: o 1, Crystal Lake Road at Ace Hardware o 1, Crystal Lake Road and Main Street, Portable Tools o 1, Route 120 and Route 31, George R. Justen & Son Funeral Home o 1, Route 31 and Pearl Street, First Midwest Bank o 1, McCullom Lake Road and Riverside Drive o 1, Route 31 and McCullom Lake Road, LaSalle Bank o 1, Route 31 North, Chili's o 1. Route 31 North, Fifth Third Bank o 2, Route 31 and McCullom Lake Road, WalMart o 1, Route 120 and Ringwood Road, Amoco o 1, Route 120 and Ringwood Road, Illinois State Bank o 1, Route 120, Linchpin Financial Group o 1, Route 120, R. A. Adams o 1, Route 120 and Chapel Hill Road, Riverside Chocolate Factory o 1, Lincoln Road and Chapel Hill Road o 1, Charles Miller Road and Green Street o 1, Route 31 and Bull Valley Road o 1, Route 31 and Prime Parkway, Home State Bank o 1, Route 31 and Albany Street, Wm. Tonyan & Sons o 1, Route 31, Amcore Bank o 1, Crystal Lake Road and Bull Valley Road, Church of Holy Apostles o 1, Route 31, Gattone Pharmacy Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR MINOR VARIANCE- RUSS MICKLINGHOFF, 4214 W. CRYSTAL LAKE AVENUE Director of Community Development Napolitano informed Council the applicant, Russ Micklinghoff of 4214 West Crystal Lake Road, is requesting a minor zoning variance to allow shed larger than 300 square feet on his property. Mr. Micklinghoff is proposing to construct an addition onto an existing 160 square foot shed. The new addition would increase the size to 416 square feet. The Applicant intends to continue to use the shed for • a woodworking studio and storage. August 29,_2005 Page 5 Director Napolitano stated the Zoning Code considers sheds as . Accessory Buildings. Every single-family lot is allowed a shed up to 300 square feet in area with a total of two Accessory Buildings, not to exceed 1,000 square feet in area. The Applicant's request would not be detrimental to the neighborhood. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on August 4, 2005 unanimously recommended approval of the request. Motion by Glab, seconded by Peterson, to accept the unanimous recommendation of the Planning and Zoning Commission to approve an ordinance granting a minor variance to allow the construction of a shed in excess of 300 square feet on the property, located at 4214 West Crystal Lake Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE, BP CONNECT FUEL STATION, 508 S. ROUTE 31 Director Napolitano reiterated in July 2000 a variance was granted to allow additional signage at the White Hen Express located at 508 S. Route. 31. Council approved a total of 5 wall signs totaling 222 square feet. In late 2003 the White Hen Express was converted to a BP Amoco fuel station and wall signs were changed to reflect the BP logo. BP is redesigning their stores to add the Wild Bean Cafe, which will offer coffee, sandwiches and similar food items. The following wall signs are proposed: "Wild Bean Caf6"oval. 11.6 square feetOne each on west and south elevations Changeable Poster Panels 14.8 square feetTwo each on west and south elevations Staff has no concerns allowing the two additional wall signs for the Wild Bean Cafe. The signs are minimal in size and would provide identification. However, Staff expressed concern regarding the proposed changeable poster panels. While desirable for marketing purposes, Staff has issues with the size and appearance; and believes they detract from the appearance of the building. Staff does not support allowing the changeable poster panels. Alderman Wimmer supported Staff s suggestions indicating he is not in favor of changeable signs at all. Alderman Condon, Alderman Santi, Alderman Murgatroyd and Alderman Schaefer stated they concur with Staffs recommendations. August 29, 2005 Page 6 Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to approve a variance to allow two additional wall signs as follows: "Wild Bean Caf6"oval. 11.6 square feetOne each on west and south elevations Changeable Poster Panels 14.8 square feetTwo each on west and south elevations for the BR Fuel Station located at 508 State Route 31, as requested, and to deny the requested changeable poster panels. Voting Aye: Santi, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Schaefer, Peterson. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE, LIBERTY SQUARE RETAIL CENTER ROUTE 31 AT SHAMROCK LANE Director Napolitano informed Council that Applicant Angelo Tourlis, owner of the Liberty Square Retail Center located at the southwest comer of Route 31 and Shamrock Lane, has requested approval of a variance to allow additional wall signage on his building. Mr. Tourlis is proposing to install seven wall signs on the rear fagade of the retail building. Each sign would be of identical size, 18" x 10 feet (15 sf in area) and would identify each of the tenants in the seven occupied retail spaces. Mr. Toulis has informed Staff that the existing tenants have complained that there is a lack of visibility from Route 31 and suggests the proposed signs would help the merchants. Director Napolitano stated that pursuant to the City's sign regulations, each tenant is allowed one wall sign having 1.5 sf. per 1 foot of building frontage. Staff recognizes the need for adequate identification for retail users, however, Staff believes there is adequate space for tenant identification on the free-standing sign for northbound Route 31 traffic. Staff is recommending the request for additional signs on the building be denied.. Ms. Penny Hughes of Hughes Signs addressed Council. She stated that the tenants believe the lack of signage contributes to difficulty in renting space in the building. Mr. Gerhard Steffan, the tenant at Fantastic Sams, explained to Council that tenants in the building have no exposure. He opined the requested signs are tasteful and would present no impact. Alderman Murgatroyd stated this matter has been discussed on numerous occasions. The monument sign was erected to create visibility from Route 31. Alderman Peterson opined he has no problem with signs on the rear of the building, with the exception of the sign advertising space available. Alderman Condon opined signage at the rear of the building is inappropriate. August 29, 2005 = Page 7 Motion by Glab, seconded by Peterson, to accept Staffs recommendation to deny the request for additional wall signs on the Liberty Square Retail Center building. Voting Aye: Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Santi, Peterson. Absent: None. Motion carried. ORDINANCE AUTHORIZING THE ANNEXATION AGREEMENT, ANNEXATION, ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT AND PRELIMINARY PLAT APPROVAL FOR THE OAKS OF IRISH PRAIRIE Director Napolitano reiterated at the August 1, 2005 meeting Council reviewed the revised plans and Annexation Agreement for the proposed Oaks of Irish Prairie development presented by Town and Country Homes. Town and Country Homes made changes to their plans eliminating lot line conflicts, providing community-style fencing standards and increasing landscaping along Barreville Road pursuant to suggestions from Council. Additionally, Town and Country Homes has addressed the following concerns expressed by Council: • Parking at the Community Center has been increased from 10 spaces to 21 spaces; and • Permit limitations would be issued as follows: 55 for Year 1, 65 for Year 2; and 70 for Year 3 and later. Based upon these numbers Staff indicated the last building permit for a new home in the subdivision would not be issued until 2011 or later. Alderman Wimmer stated he is impressed with the thoroughness Town and Country Homes has exhibited throughout the process. He opined the project would be unique to the City. Alderman Condon concurred with Alderman Wimmer. Alderman Santi expressed appreciation for the developer's adjustments and indicated he is comfortable with the development. Alderman Peterson opined he would still like to see more open space. Alderman Glab opined the number of permits issued annually could still be lowered. Motion by Wimmer, seconded by Santi, to approve an ordinance authorizing the Mayor and the City Clerk's execution of an Annexation Agreement between the City of McHenry and Town and Country Homes for the Oaks of Irish Prairie. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay: Glab, Peterson. Absent: None. Motion carried. August 29, 2005 Page 8 _ Motion by Wimmer, seconded by Schaefer, to approve an ordinance annexing the Budreck Property, the Oaks at Irish Prairie, comprised of approximately 200 acres. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low. Voting Nay. Glab, Peterson. Absent: None. Motion carried. r Motion by Murgatroyd, seconded by Wimmer, to approve an ordinance granting a Zoning Map Amendment to IDD Integrated Design District and granting a Conditional Use Permit for a planned residential development. For the Oaks at Irish Prairie. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. . Voting Nay: Peterson. Absent: None. Motion carried. Motion by Wimmer, seconded by Schaefer, to approve an ordinance approving the Preliminary Plat of the Oaks at Irish Prairie. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay. Peterson. Absent: None. Motion carried. FINAL PLAT OF RE-SUBDIVISION FOR A PORTION OF LOTS 1. S. 9 AND 10 IN MEIJERIHOME DEPOT SUBDIVISION Director Napolitano explained there was an oversight during the original subdividing process of the Meijer/Home Depot Subdivision. The oversight was discovered by Meijer Stores when they found they were paying taxes on parcels they did not own. The Petitioner is requesting approval of the Final Plat of Re-Subdivision of part of Lots 1, 8, 9 and 10 in the Meijer/Home Depot Subdivision. The Plat of Re-Subdivision is necessary to create an additional lot, which would be dedicated to IDOT as a right-of-way for Route 31 and its intersection with Blake Boulevard for roadway improvements. Director Napolitano noted this was overlooked when the property was originally subdivided. He stated the proposed re-subdivision would have no impact on the existing users. The Planning and Zoning Commission at a Public Hearing held on August 4, 2005 unanimously recommended approval of the Final Plat of Re-Subdivision of Parts of Lots 1, 8, 9 an 10 in the Meijer/Home Depot Subdivision. Responding to Alderman Glab's inquiry, Bob Wegener of Smith Engineering Consultants, explained that the State has total jurisdiction over any intersection. August 29, 2005 Page 9 Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to approve the Final Plat of Re-Subdivision of Parts of Lots 1, 8, 9 an 10 in the Meijer/Home Depot Subdivision, subject to the Plats being recorded within six month's of Council approval.. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 REDUCING THE SPEED LIMIT ON CURRAN ROAD TO 35 MILES PER HOUR Director of Public Works Marcinko informed Council that prior to renaming a portion Of Draper Road, from Illinois Route 120 south to Curran Road, the Curran Road speed limit was 35 mph. The existing ordinance states that the entire length of Curran Road is 40 mph. Consequently, once the City approved the renaming of Draper Road to Curran Road the entire length of Curran Road changed to 40 mph. The City has received numerous requests from residents of the Glacier Ridge Subdivision to change the speed limit along Curran Road to 35 mph. Staff contacted the Police Department to tabulate accident data for Curran Road. Based upon the data provided and observations from site visits, Staff recommends decreasing the speed limit along Curran Road from Illinois Route 120 south to the City limits back to 35 mph. Director Marcinko informed Council the Public Works Committee voted unanimously in favor of restoring the speed limit to 35 mph. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the Public Works Committee, to approve an ordinance amending the Traffic Control Ordinance changing the speed limit on Curran Road to 35 mph. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT WITH SMITH ENGINEERING CONSULTANTS, INC. FOR 2005 STREET PROGRAM IN AN AMOUNT NOT TO EXCEED $13,500 AND REQUEST TO ADVERTISE FOR BIDS Director Marcinko informed Council the FY 2005/2006 Budget includes $250,000 for a street resurfacing program. At the June 5, 2005 Public Works Committee the topic of which streets to include in the resurfacing program was discussed. The consensus of the Committee was to recommend resurfacing Abbington, Cambridge and Sandburg Drives, unless funding is not sufficient to.cover 1-he cost. Resurfacing on the three recommended streets is expected to amount to $293,278 for construction alone. Staff requests approval pursuant oo the Public Works Committee recommendation to resurface Abbington, Cambridge and Sandburg Drives, at the estimated cost of $293,278 August 29, 2005 Page 10 and to approve an Engineering Services Agreement with SEC for the engineering design work for the resurfacing program, in an amount of$13,500, Responding to Alderman Condon's inquiry regarding whether Pin Oak and Tamarack would be first in line for resurfacing next year, Director Marcinko responded these streets would be brought to Council's attention in the next resurfacing program. Alderman Murgatroyd stated he is anxious to move forward with the project, but has reservations pending receipt of the bids. City Administrator Maxeiner cautioned Council that the project involves resurfacing of the streets and not reconstruction. Motion by Wimmer, seconded by Condon, to approve the Public Works Committee recommendation to resurface the streets listed in Option No. t, including Abbington, Cambridge, and Sandburg Drives, for an estimated cost of $293,278 and to approve an Engineering Services Agreement with SEC for the engineering design work for the resurfacing program in an amount of$13,500. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low had no statement or report. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Director of Parks and Recreation Merkel announced that the legislative grant, in the amount of $100,000, has been received for the Fox Ridge Park Ball Fields. The project can now be closed out. FUTURE AGENDA ITEMS There were no future agenda items discussed. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Condon, seconded by Murgatroyd, to adjourn to Executive Session to discuss Property Acquisition at 8:30 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer,-Peterson, Condon. Voting Nay_: None. Absent: None. Motion carried. - August 29, 2005 Page 11 Executive Session convened at 8:39 p.m. Motion by Wimmer, seconded by Santi, to return to Open Session at 9:06 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 9:06 p.m. ADJOURNMENT Motion by Santi, seconded by Wimmer, to adjourn the meeting at 9:06 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:06 p.m. MAYOR CITY CLERK CONSENT AGENDA To: Mayor and City Council From: Thomas J. O'Meara, Chief of Police FOR: March 6, 2006 Regular Council Meeting RE: Donation of Surplus Property Recommendation: Authorize the Mayor's execution of an ordinance donating surplus property to the Village of Johnsburg and to the Village of McCullom Lake Background The McHenry Police Department recently installed new radio equipment in the majority of its fleet of patrol vehicles. The Department has since been made aware of a need by two local police agencies for an upgrade to their radio equipment. Since our agency currently provides dispatch services for these agencies, the use of our surplus radios would improve their operation in the current communication system. The Village of Johnsburg and the Village of McCullom Lake both have a need for this equipment and would greatly benefit by the City of McHenry donation of eight GM-300 mobile radios. An ordinance has been prepared authorizing the donation of eight mobile radios to the Village of Johnsburg (5) and to the Village of McCullom Lake (3). It is Staff recommendation that Council consider the draft ordinance attached. Recommendation: Authorize the Mayor's execution of an ordinance donating surplus property to the Village of Johnsburg and to the Village of McCullom Lake Ordinance No. ORD-06- An Ordinance Authorizing the Donation of Surplus Property Owned by the City of McHenry WHEREAS, in the opinion of the corporate authorities of the City of McHenry, it is no longer necessary or useful to or for the best interests of the City of McHenry to retain ownership of eight Motorola radios hereinafter described; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHenry to donate said personal property to the Village of Johnsburg(5 units)and the Village of McCullom Lake(3 units) , Illinois. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY AS FOLLOWS: SECTION 1: The Mayor and City Council of the City of McHenry find that the following described personal property now owned by said jurisdiction is no longer necessary to said jurisdiction and the Village of Johnsburg, Illinois(5 units) and the Village of McCullom Lake, Illinois(3 units)would be best served by the said personal property donation of eight Motorola radios as follows: Motorola I GM-300 159TXJB899 Motorola GM-300 159TVUL400 Motorola GM-300 159TXA8356 Motorola GM-300 159TWY1633 Motorola GM-300 159TYEY210 Motorola GM-300 159TYEG850 Motorola GM-300 159TXJB901 Motorola GM-300 159TXJB896 SECTION 2: The City Administrator is hereby authorized and directed to donate to the Village of Johnsburg five units and to the Village of McCullom Lake three units of the above-described personal property now owned by the City of McHenry. SECTION 3: This ordinance shall be in full force and effect from and after its passage by the corporate authorities. PASSED and APPROVED this 6 h day of March, 2006. Ayes: Nays: Abstained: Not Voting: Absent: ATTEST: Mayor City Clerk CONSENT AGENDA TO. Mayor and City Council From: Pete Merkel, Director of Parks& Recreation For. March 13,2006 City Council Meeting - --Re:— Beer-AAAne-Per-mit-Reques"-Spedal-Use-Permlt5 -- COMMITTEE RECOMMENDATION To approve the attached Beer/Wine Permits& Special Use Permit requests. BACKGROUND The attached list of permit applications have been received in our office with all fees and documentation properly submitted. Xonaway/picnic permit consent agendmdoc FOR COUNCIL MEETING OF: March 13, 2006 Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic AnaGcant Address 07/29/06 MS Action Machining Co. Picnic 4061 Dayton St, McH Special Use Permit Requests Date.of Picnic/Event Auglicant Address Special Use 05/04/06 Joyce Story—Day/Prayer 1617 Leonard, McH soundsystem Wonawaylpicnic permit listing a � Df- n-,, tb ALL C O Date of Picnic/Event SPECIAL USE APPLICATION - PARK FACILITIES Company or Organization: ti P �P'1 ,,�,-,�Ju o pr Contact Person:_ J Address:--- l (,e.l-7 City/State/Zip: Home Phone: 9 15• Work Phone: Park: ❑ Knox Park ❑ Petersen Park WVeteran's Memorial Park Area: 0 Shelter A ❑ Shelter B ❑ Other: Arrival Time: 11i Departure Time: Lo : 3o Total Number Attending: 5ofsi,_� - Fals ping attendance numbers will result in loss of deposit r v Will beer/wine be present: ❑ Yes (complete beer/wine application) X No Brief description of program(i.e. company picnic, car show,craft show, etc.):Spar-} List all activities that will be held: Items brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides ❑ music ❑ animals P.model.planes ❑ other other a s r'�. �..JQ Sjs*4�.other ❑ other Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: Health permits are required by law for concessions and catering. Make arrangements to obtain permits. I, S1 rZ. have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use application and will assume responsibility for any loss, damage or liability arising from the use of the park property. Signature: Date: D (e NOTE: Appr al will be based on the items listed above. Any other requests are subject to further approval. OFFICE USE ONLY************************************** Reservation Fee: $ Deposit Fee: $ Date Paid: Initials: Total Fee: $ Payment: ❑ Cash ❑ Check ❑ Charge City Council Approval: Confirmation Sent: Initials: Restrictions: Forms\picnic forms\special use application CONSENT AGENDA TO: Mayor and City Council FROM: Brad C. Fink,Assistant Director of Public Works FOR: March 6,2006 Regular City Council Meeting RE: Northgate Development West Letter of Credit Release ATTACHMENTS: Request for Release of Construction Guarantee. Background. In accordance with the request from Samuel J. Diamond for the release of his letter of credit(LOC) for Northgate Development West, Baxter&Woodman was asked to perform a review of the public infrastructure improvements to assure they have been installed in conformance with the approved plans and specifications. The LOC release is requested once the developer has properly installed all of the required public improvements and has posted a maintenance guarantee for two years. Analysis. The underground and public infrastructure has been properly installed and tested with only a couple of minor punchlist items that the developer will be addressing this spring. Based upon the engineer's opinion of probable cost and Baxter and Woodman's review, staff recommends approving the release of the letter of credit contingent upon the receipt of a maintenance guarantee for$230,137.12. However, staff has requested the developer submit a construction guarantee in the amount of$5,250.00 to cover the remaining items to be addressed. Recommendation. Staff seeks Council approval for the release of the irrevocable letter of credit for Northgate Development West contingent upon the receipt of a construction guarantee for$5,250.00 and a maintenance guarantee for$230,137.12. DIAMOND & LeSUEUR, P.C. Attorneys at Law 3431 West Elm Street McHenry, Illinois 60050 Samuel J.Diamond Telephone 815/385-6840 David C.LeSueur Facsimile 815/385-6875 815/385-7796 Richard R.Rodriguez Adam J.Diamond RE Danielle J.Diamond t: FEB Sik'» February 2, 2006 Bradford C. Fink rv$u WOUSDMT Assistant Director of Public Works City of McHenry 333 South Green Street McHenry, IL 60050 Re: North Gate Development West Reduction of Letter of Credit Dear Mr. Fink: With reference to the above-captioned matter and per the January 24,2006 letter from Baxter and Woodman(copy attached), enclosed is a Sworn Statement for this project. Upon confirmation of your agreement with the recommendation provided to you by Melissa Serio of Baxter and Woodman and acknowledgment of receipt of this statement,we will provide the City with the following: 1. Maintenance bond inthe amountof$230,137.12.(Pease's improvements of$1,150,685.58 x 20%). 2. Letter of Credit in the amount of$5,250.00. Please review this information and get back to me at your earliest convenience. Yours truly, Samuel . Diamond /jli enc. cc: James R. Schaid Jason Schmitt, Condon Engineering Melissa Serio, Baxter&Woodman SWORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR TO OWNER AND CHICAGO TITLE INSURANCE COMPANY Escrow#24024005 Owner: HSB Trust#4793 Page 1 of 1 Page(s) Project Title: North Gate Development West Payment Application No. Architect/Engineer: Direct Design LTD/Condon Consulting Engineers Period from: to Contractor: Apollo 11,LLC Change orders include# 1 2 3 4 5 6 7 Name and Address Kind of Work Amount Retention Net of Net Amount Balance to of Previous This Payment Become Due Contract Payments (incl.Ret.) Pease Construction,Inc Infrastructure $ 1,150,685.58 $ 1,150,685.58 $ - $ - ............................................................................................................................ 4501 Route 12,Richmond,IL 60071 Vanderstappen Surveying Surveyor $ 1,300.00 $ 1,300.00 $ - $ - ........................................................................................ .................. ................ 1316 N.Madison Street,Woodstock,IL 60098 Condon Consuitin En ineers .Engineers $ 39,310.74 $ - $ 39,310.74 $ - $ ... 9 9 ... .. ..................... ....... ...... ......... ... ............................ 4515 Business Parkway,Ringwood,IL 60071 ENCAP,Inc. Environmental $ 8,550.00 $ 8,550.00 $ - $ - ....................................... ......... 12961 State Rte.38,Cortland,IL 60112 Consulting City of McHenry Bond,Permits $ 24,500.00 $ $ 24,500.00 $ - $ ......................................................................................... ........................ A/R 333 S.Green St.,McHenry,IL 6GO50 Hughes&Son,Inc. ....... .....Signage........... $ 11,350.00 $ 11,350.00 $ - $ P.O.Box 367,Crystal Lake,IL 60014 Yaggy Colby Associates(was Welch Hanson) Land Planner $ 555.00 $ 555.00 $ - $ ........................................................................................ ..................................... P.O.Box 180500,Delafield WI 53018 ........................................................................................ ..................................... TOTAL $ 1,236,251.32 $ 1,236,251.32 1 $ - $ AMOUNT OF ORIGINAL CONTRACT WORK COMPLETED TO DATE $ 1,236,251.32 EXTRAS TO CONTRACT LESS RETAINED $ - TOTAL CONTRACT AND EXTRAS NET AMOUNT EARNED $ 1,236,251.32 CREDITS TO CONTRACT NET PREVIOUS PAID $ 1,236,251.32 ADJUSTED CONTRACT NET AMOUNT OF THIS PAYMENT $ BALANCE TO BECOME DUE $ State of Illinois } County Of McHenry } The affiant,Samuel J.Diamond,being first duly sworn,on oath deposes and says that he is Owner/beneficiary of Trust No.4793 held by Home State Bank which is the owner of North Gate West Partner or officer Firm Name (Project Title) North Gate West (Project Address) North Route 31, McHenry,IL That,for the purpose of this work,the foregoing orders have been placed and the forgoing parties subcontracted with and these have furnished materials or have provided labor,or both,for said project. That the amount of such order or subcontract is as stated above and that there is due and to become due them respectively,the amounts set opposite the names for materials or labor or both. That this statement is made in compliance with the statues relating to Mechanics Liens and for the purpose of procuring from the owner FINAL/PARTIAL payment in accordance with the terms of the contract and is a full,true and complete statement, of all parties furnishing labor and/or material,and of amounts paid,due and to become due them. Signed: By: Samuel J.Diamond,as Owner/Benefi ary Subscribed and sworn to before me this 2nd day of February,2006 ZI otary Pu FFICIA��SE�YL J NNIFER L�IFTNE NOTARY PUBLIC•STATE OF ILLINOIS MY COMIWISSION EXPIRES:09/07/D8 nnMnrw V:%DOCS\Concept DevelopmenMpreadsheetsWorth Cate want pavmont4%NnQTNnAT=tn/cOTC--, B A X T E R �op%f 1 1 WOODMAN January 24, 2006 Consulting Engineers Mr. Bradford C. Fink Assistant Director of Public Works City of McHenry 333 South Green Street F McHenry, Illinois 60050-5495 LETTER OF CREDIT RECOMMENDATION(EXISTING AND NETS Subject. McHenry—North Gate Development West Dear Mr. Fink: We have reviewed and are in agreement with the cost estimate for remaining items of work at the North Gate Development West, as submitted by Condon Consulting Engineers in their letter dated December 20, 2005. The Developer's existing Letter of Credit for the subdivision has been previously reduced as shown below: Original Letter of Credit Amount $ 1,064,9198.06 Previous Reduction(No. 1) by the City 431,399.61 Current Letter of Credit Amount $ 633,598.45 We recommend the City release the existing letter of credit pending the receipt of the following Developer items: (1) Sworn statement. (2) Maintenance Bond in the amount of $226,737 (Cost of Improvements x 20% = $1,133,686 from Pease Construction Inc.'s Waiver of Lien x 20%. Please note that if the cost of improvements is shown as a larger amount on the Developer's Sworn Statement, the bond amount will need to be adjusted by the Developer accordingly.) for two years beginning May 15, 2006 (estimate for when punchlist items will be completed). (3) New Letter of Credit in the amount of $5,250 ($4,200 plus 25% Contingency). Upon completion of the remaining work items by the Developer and your instructions, we will perform a final inspection and then recommend to the City the release of the new Letter of Credit. 8678 Ridgefield Road Crystal Lake,IL 60012 815.459.1260 Pax 815.455.0450 info©ba4xterwoodmari.com o- • BAXTER Frio WOODMAN Mr. Bradford C. Fink January 24, 2006 ConsultingEngineers Assistant Director of Public Works 030125 • Paize 2 Please advise the Developer and us of the City's decision. Very truly yours, t BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Melissa A. Se>Zo MAS:mh C: Mr. Jerome A. Johnson, Engineering Inspector Mr. Samuel J. Diamond, McHenry L.L.C. ✓ Mr. Jason Schmitt, Condon Consulting Engineers Mr. Darrel R. Gavle,P.E. li:IPROJUvtCHE--C1030125\Existing and New LOC Recommendation.doc CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: March 6, 2006 Regular City Council Meeting RE: Lease Agreement for Riviera Marine, 3302 West Waukegan Road RECOMMENDATION: To authorize the Mayor's execution of the attached lease agreement with D's Marine Service, Inc. for Riviera Marine, 3302 West Waukegan Road for a one-year term beginning March 1 , 2006 and expiring February 28, 2007. The current lease between the City of McHenry and Jerry Danko of D's Marine Service, Inc. for the Riviera Marine property expired on February 28, 2006. As the City Council will recall, the property was purchased with the intent of using it for improvements at the Central Wastewater Treatment Plant. Mr. Danko has successfully operated the marina for the city since 2001 . Other than the dates on the agreement, no changes to the lease language are proposed. The agreement requires Mr. Danko to pay the city 50% of the rent received for leased slips and boat storage on the property. Approximately $72,306.25 was collected during the term of the 2005/2006 lease. mmg LEASE This Commercial Lease is made between the CITY OF McHENRY,333 South Green Street, McHenry, Illinois, herein called Lessor, and D'S MARINE SERVICE, INC., 3308 W. Waukegan Road, McHenry,IL 60050,herein called Lessee. Lessee hereby offers to lease from Lessor certain real estate situated at 3302 W. Waukegan Road, City of McHenry, County of McHenry, State of Illinois, together with all improvements thereon, except as otherwise set forth in this agreement, upon the following TERMS and CONDITIONS: 1. Term and Rent. A. Lessor demises onto Lessee the above real estate and improvements (collectively the"Premises")for a term of one(1)year, commencing March 1 2006 and terminating February 28, 2007, or sooner as provided herein. B. Lessee shall pay as rent, an amount equal to 50%of the rent received for all leased slips and for storage of any boats. The first rental payment shall be due on the 15t' day of April 2006. Thereafter, Lessee shall pay rent, in an amount equal to 50% of the rents received (no matter when accrued) for all leased slips or for the storage of any boats for that month. Lessee shall,at the time of paying any rents, provide the Lessor with copies of executed lease contracts and an itemization of slips rented and boats stored. Lessor shall have the right to inspect the Premises and Lessee's books to verify rent received and accrued. For purposes of this section, the last month of the season shall be the month when the last slip is vacated for the year. C. Lessee's obligation to pay rent shall be an independent obligation from the rest of this Lease, and Lessee shall have no right to withhold the payment of any rent or to set off any rent for any reason. D. Lessor shall not be liable to Lessee for any interruption of Lessee's business or inconvenience caused Lessees or licensees or customers on the Premises on account of Lessor's performance of any repair, maintenance or replacement on the Premises,or any other work therein pursuant to Lessee's right or obligations under this Lease. 2. Use. Lessee shall use and occupy the Premises for a boat marina business and any other directly related use. The Premises shall be used for no other purpose. Lessee shall not,in the use and occupancy of the Premises, use, treat, store, handle or dispose of, or permit any party claiming by, through or under Lessee to use, treat, store, handle or dispose of, any Hazardous Substances on the Premises."Hazardous Substances"shall mean and include all hazardous and toxic substances, wastes, or materials, any pollutant or contaminant, including without limitation, 1 02/06 petroleum substances, PCB's and raw materials that include hazardous constituents or any other similar substances or materials that are included under or regulated by any Environmental Laws. The parties agree that currently there are sixty (60) boat slips at the Premises (11 smaller slips and 49 larger slips). 3. Club House. A"Club House"is located upon the Premises. The Club House shall be for the exclusive use of Yacht Club members with the exception of two public restroom facilities and showers,which shall be,open to patrons of Riviera Marina and have a separate entrance. Lessor shall maintain the"Club House." Lessor agrees to indemnify Lessee for any claims arising out of the Yacht Club's use of the Club House as set forth in Section 12(E). Lessee shall maintain the public restroom facilities and showers. 4. Quonset Hut. The north addition of the Quonset Hut shall remain in Lessor's possession for its sole use. Lessee shall not interfere with Lessor's ability to access the Quonset Hut and shall allow Lessor entry upon the Premises. Lessor shall not interfere with Lessee's use of the southern section of the Quonset Hut. 5. Care and Maintenance of Premises. A. Lessee acknowledges that the Premises are in good order and repair, unless otherwise indicated herein. Lessee shall,at its own expense,and at all times, maintain the Premises in good and safe condition, and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for any and all repairs and maintenance required on the Premises,and of any equipment on the Premises excepting the roof, exterior walls, structural foundations, lawn care and maintenance and as otherwise stipulated in Section 5(B). Lessee shall also maintain in good condition such portions adjacent to the Premises such as sidewalks and driveways, which would otherwise be required to be maintained by Lessor. B. Electrical System. The Lessor shall be responsible to maintain the electrical system on the property including the main electric feed, distribution panels, and branch circuits. The Lessee shall be responsible to maintain the electrical devices. 1. Annually, the City shall reopen and make operational for use, the municipal water system on the Premises. 6. Alterations. Lessee shall not,without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the Premises or any structure thereon. 2 02/06 7. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, (including but not limited to the City of McHenry) state and federal authorities now in force, or which may hereafter be in force, including, but not limited to any applicable environmental laws or regulations,pertaining to the Premises. 8. Assignment and Subletting. Lessee shall not assign this Lease or sublet,demise or transfer any portion of the Premises without the prior written consent of Lessor. Any such conveyance conducted without Lessor's written consent shall be null and void and without legal effect. Lessee agrees that,in the event Lessor considers allowing Lessee to sublet any portion of the Premises,Lessor may,as a condition of its approval,require Lessee to renegotiate the rent paid under this lease. 9. Utilities. All applications and connections for necessary utility services on the demised Premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due,including but not limited to those for sewer,water,gas,electricity and telephone services. Lessee's obligation herein is limited to that portion of the Premises demised and excludes the Quonset Hut and that portion of the Club House not used by Lessee. 10. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times, during normal hours of operation, except in emergency situations determined by Lessor, and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty(60) days prior to the expiration of this Lease, to place upon the Premises any usual "To Let" or"For Lease" signs, and permit persons desiring to lease the same to inspect the Premises thereafter. 11. Possession. If Lessor is unable to deliver possession of the Premises at the commencement of this Lease,Lessor shall not be liable for any damage caused thereby,nor shall this Lease be void or voidable but Lessee shall not be liable for any rent until possession is delivered. 12. Liability,Indemnification and Waiver. A. Assumption of Liability. Lessee assumes liability for all injury to or death of any person or persons including employees,sub-licensees,any supplier or any other person and assumes liability for all damage to property sustained by any person. This paragraph does not apply with respect to the use of the Club House by the Riviera Yacht Club and its members or use of the Quonset Hut by Lessor. B. Indemnification. To the fullest extent permitted by law,Lessee will defend, indemnify and hold the Lessor harmless from all claims arising from or in connection with (i) any and all operations of Lessee in connection with the operation,repair or maintenance of the Premises,including but not limited to 3 02/06 the operation of a marina,or any other business on the Premises,or any work or thing whatsoever done,or any condition created on or about the Premises; (ii) any act, omission or negligence of Lessee or any of Lessor's assignees, agents, licensees or the partners, directors, officers, agents, employees, invitees or contractors of Lessee or of Lessee's assignees,tenants or Lessee; (iii) any accident, injury or damage whatsoever occurring on or at the Premises; and (iv) any act or omission of Lessor, its agents, servants and employees, pursuant to this Lease, unless such act or omission is judicially determined to constitute intentional misconduct. C. Defense of Lessor. In the event any claims shall arise, the Lessor shall tender the defense thereof to Lessee. Provided, however, the Lessor, in its sole discretion,may participate in the defense of such claims at Lessee's sole expense; such participation shall not relieve Lessee from its duty to defend and to pay any judgment or settlement against the Lessor in such claims. D. Waiver of Defenses. In any and all claims against the Lessor or any of its agents or employees, by any employee of Lessee, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Lessee under workers compensation acts,disability benefits acts or employee benefit acts,or other applicable law. Lessee waives all defenses available to Lessee as an employer, which limit the amount of Lessee's liability to the Lessor to the amount of Lessee's liability under any workers compensation, disability benefits or employee benefit acts. E. Indemnification of Lessee. Lessor shall indemnify and defend,to the fullest extent permitted by law, and hold Lessee harmless from all claims arising from or in connection with any leaking or leaching of a certain underground storage tank removed by Lessor from the Premises and for any claim arising from or connected with Lessor's use of the Quonset Hut and any use of the Club House by the Riviera Yacht Club. In the event any such claim arises, Lessee shall tender the defense thereof to Lessor within fourteen (14) days. In the event any claims shall arise,the Lessee shall tender the defense thereof to Lessor. Provided, however, the Lessee, in its sole discretion, may participate in the defense of such claims at Lessor's sole expense; such participation shall not relieve Lessor from its duty to defend and to pay any judgment or settlement against the Lessee in such claims. 13. Liability Insurance Requirements. Lessee shall during the term of this Lease, maintain in full force and effect, at its own cost and expense, insurance of the types and in the amounts described below. A. Workers Compensation Insurance. Lessee shall maintain workers 4 02/06 compensation and employers liability insurance,with Coverage A at statutory limits and Coverage B (commercial umbrella and/or employers liability) limits not less than $1,000,000 each accident for bodily injury by accident and$1,000,000 each employee for bodily injury by disease. This insurance shall cover Lessee's employees in compliance with the State of Illinois and all other states having jurisdiction over each employee. B. Commercial General and Umbrella Liability Insurance. Lessee shall maintain commercial general liability("CGL")and,if necessary,commercial umbrella liability insurance with a limit of not less than $1,000,000 each occurrence. i. This CGL and umbrella (if any) insurance shall be written on an occurrence basis and shall cover liability arising from premises, operations,independent contractors,products-completed operations, bodily and personal injury, property damage, advertising injury, liability assumed by Lessee under this Lease (including the tort liability of another assumed in a business contract). ii. Additional Insured. The Lessor shall be named as an insured under this CGL and umbrella(if any)insurance using an additional insured endorsement acceptable to the Lessor. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the Lessor. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the CGL and umbrella(if any)insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the Lessor. C. Proof of Insurance. Prior to the effective date of this Lease, Lessee shall furnish the Lessor with copies of its current certificates of insurance documenting each such policy, along with the additional insured endorsements required in this section. D. Cancellation. All such insurance provided for herein shall be non- cancelable,except upon 30 days prior notice to the Lessor,and shall contain the following endorsement(or its equivalent): "It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the Lessor by registered mail of written notice of such intention to cancel or not to renew." 5 02/06 This language,or its equivalent,shall appear on the policies'respective insurance certificates. E. No Limitation on Liability. The minimum amounts set forth in this Lease for such insurance shall not be construed as a limitation or satisfaction of Lessee's liability,including indemnification,to the Lessor under this Lease to the amount of such insurance. F. No Waiver. The failure or delay of the Lessor at any time to require performance by another party of any provision of this Section,even if known, shall not affect the right of such parry to require performance of that provision or to exercise any right,power or remedy under this Lease,and any waiver by any party of any breach of any provision in this Section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself,or a waiver of any right,power or remedy under this Lease. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice of demand in similar or other circumstances, except as otherwise provided herein. 14. Destruction of Premises. In the event of a partial or total destruction of the Premises,during the term hereof,from any cause,either party may elect to terminate this Lease and all rent shall immediately abate until the Premises are restored. Notwithstanding any other provision of this Lease, Lessor shall not be required to take any action or repair unless such action or repair following such destruction. 15. Security Deposit. Lessee shall deposit with Lessor on the signing of this Lease the sum of$3,000.00 Dollars($3,000.00)as security for the performance of Lessee's obligations under this Lease, including without limitation the surrender or possession of the Premises to Lessor upon termination of this Lease. 16. Attorney's Fees. In case suit should be brought for recovery of the Premises,or for any sum due hereunder,or because of any act which may arise out of the possession of the Premises by Lessee, or to enforce any portion of this Lease,the prevailing party shall be entitled to all costs incurred in connection with such action, including its reasonable attorney's fees. 17. Heirs,Assigns,Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 18. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 19. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. 6 02/06 Signed this day of , LESSOR: LESSEE: CITY OF McHENRY D'S MARINE SERVICE,INC. By: By: Susan E. Low, Mayor Its: 7 02/06 i AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Management Assistant for Community Relations FOR: March 6,20M Regular City Council Meeting RE: Soap Box Derby 2006 Background. The McHenry Kiwanis Club is seeking permission to hold its 4t' Annual All- American Soap Box Derby Event in McHenry on June 17, 2006 with a practice event scheduled for June 3, 2006. The Kiwanis Club has held this event the last three years and enjoyed successful events each year. Analysis. The 2006 event will follow the schedule of previous events. Races will begin at 9:00 AM and run until 3:00 PM. A small parade, starting in the First Methodist Church Parking lot, is scheduled for 4:00 PM and will run along the event route. The parade, expected to last approximately 15 minutes,will include all participants, an Event Marshal,the Mayor, Little Miss Peanut, a squad car,a fire truck and a marching band. The finals and the award ceremony will follow the parade,running from 4:30 to 6:00 PM. The Kiwanis Club will be promoting and staffing the event. In addition they will be responsible for notifying the residents in the area of the event. Rain dates are set for the day after both the race and practice event. The Kiwanis Club is requesting the following from the City: 1. Street Closing. The City will need to close Waukegan Road from Third Street to East Campus from 7:00 AM to 6:00 PM on the day of the event and a portion of the practice day. Green Street will also be closed intermittently at the Waukegan Road intersection while races are under way. Through traffic will be allowed between races except during 4:00—6:00 PM to allow for the parade and race finals. 2. Police Support. Two police officers will be needed during the event to control the Waukegan Road/Green Street intersection. In addition, the assistance of the citizen's auxiliary was a tremendous help and is once again requested. 3. Signage and Barricades. Signage and barricades will be needed to alert drivers in the area of the closed roads. Cones will also be needed to mark the course. 4. Bleachers and Garbage Cans. Six sets of bleachers will be needed to provide spectators a place to enjoy the event. Additional garbage cans will need to be placed along the route. 5. Reviewing Stand and PA System. The reviewing stand with the PA system will be set up at the finish line in order to judge races and make announcements. Recommendation. Staff recommends granting the request of the Kiwanis Club to hold its fourth annual Soap Box Derby event on June 17,2006 on Waukegan Road with a practice event scheduled for June 3,2006. i ////� /i( clu� CHARTERED: v�/lll/i�"`.l NOVEMBER 28, 1955 o/ wcgenry P. O. BOX 1061 WHENRY, ILLINOIS 60051-1061 January 27, 2006 Mayor Sue Low and Members of McHenry City Council 333 South Green Street McHenry, IL 60050 Dear Mayor and City Council: The Kiwanis Club of McHenry is requesting permission to hold its fourth annual official All American Soap Box Derby. It would take place on Waukegan Road Saturday, June 17, 2006 with a rain date of June 18. Test runs would be held Saturday June 3`d with a rain date of June 4tn This year we will be adding a second class to the race schedule. "Super Stock" cars will permit larger and older children who have outgrown "stock" cars to continue participating in our derby. Our derbys have been successful due to the cooperation of many city departments which provided help before, during and after our events. We look forward to working with the city again this year. S in ely, t es R. ari gel Director Kiwanis Soap Box Derby Committee AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: March 6, 2006 Regular City Council Meeting RE: Request for Class F1- Liquor License Recommendation: To approve the request from Corkscrew Pointe, Inc. d/b/a Corkscrew Pointe for a Class F1 Liquor License located at 1402 North Riverside Drive; and, attached ordinance increasing the number of Class F1 liquor licenses from three to four. Deborah Macrito, President of Corkscrew Pointe, Inc. intends to open a wine and accessories store at 1402 North Riverside Drive and is requesting a Class F1 liquor license. A Class F1 license allows for the sale, at retail, of alcoholic liquors in packages only. Ms. Macrito has been fingerprinted and a satisfactory report was received. In addition, all required paperwork has been submitted and the applicant met with Mayor Low. It is the Mayor's recommendation to approve the request from Corkscrew Pointe, Inc. d/b/a Corkscrew Pointe, for a Class F1 liquor license. In addition, all employees involved in the sale of alcohol will attend a BASSET training class. mmg r CITY OF MCHENRY I ) D V License No. r APPLICATION FOR LIQUOR LICENSE Fee Received UNDER Date Received a' Date Issued CITY OF MCHENRY LIQUOR CONTROL Date Effective ORDINANCE Receipt Issued On TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. ,.`'7 Cashier's Chk ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE NO.: Corkscrew Pointe, Inc. 1402 N. Riverside, McHenry, IL 60050 1. Please indicate form of ownership:CORPORATION z PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: Corkscrew Pointe, Inc. Corporation Name: 1402 N. Riverside Dr. , McHenry, IL 60050 Corporate Address: Corporate Phone Number. 3. State of Incorporation: Illinois 4. IF PARTNERSHIP: N/A Name: Corporate Address: Corporate Phone Number. 5. State of Incorporation: N/A IF INDIVIDUAL/SOLE PROP: 6. Applicants Full Name: Social Security No.: - Date of Birth: Residence Address: 7. Home Phone: 847-497-9304.. Business Phone: 8. Citizen of U.S.? Yes If a naturalized citizen,when and where naturalized? 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 N/A (B)if Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent Deborah Macr to 5201 N. Lake St. McHenry, IL 60050 04/2004 PAGE TWO 10. (A)Ifticant and Local Manager are not the same,give name,address and telephone number of Local Manager. B)Local Manager's: Date of Birth: q' �' (��3 Place of Birth: Ltofwwcy4 Citizen of U.S.? %10-S 11. (A)Principal Type of Business: Retail 12. (B)What is current zoning for this property? C4 13. Type of License Sought Class #!/ 14. Date on which business was begun at this location: 3/15/06 05- Does applicant own premises for which license is sought? No 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 N/ 17. Is the location of applicants business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital,home for aged 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 applicants 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).No 19. Give applicants Retailers Occupational tax(ROT)Registration Number n&eQ— 3 1 1 O 20. Are you delinquent in the payment of the Retailers Occupational Tax(Sales Tax),and if so,the reasons therefore: No 21. If this application is for a new license or a transferred license,attach to this Application a copy of Applicants balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. 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. . 23. Describe parking facilities available to the business: Yes on street parking and city parking lot 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 s premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? e 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? If answer is "YES",give particulars: No 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 applicants 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: 04/2004 PAGE THREE 31.List your occupation or employment ddresses thereof Henry a past 10 years (if partnership or corporation,list same information for each partner and the local manager (please a 32.Have you ever been convicted of a gambling offense ifall Beta partnership or corporation include all partners,owners of 5%or more shares of the corporation and the local manager)? No if so, 33.Has any owner(s)or members)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. Iva 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? 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 on the licensed premises. 04/2004 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) I,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 swom to before me this day of 20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and swom to before me this day of .20 NOTARY PUBLIC CORPORATION: (Authorized Agent of the Corporation) Signature ,,i 1_ ts- r)( -. ) L - �c�! 12-1TC7 Print Name �teS t tJ(�tlT Title ------------ "OFFICIAL SEAL.." Madelyn Fong Subscribed and swom to before me this Notary Public,State of Illinois My Commission Exp.05/25/2009 day of� 20 . NOTARY PtBLI MANAGER: Sig ature of Local Manager Subscnb d_and sworn to befolsame this day of "OFFICIAL SEAL" Madelyn Long Notary Public,State of Illinois NOTARY P LI 'MY Commission Exp.05/25/2009 04/2004 ORDINANCE NO. MC-06- AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Section 4-6(4) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "F(1) " Liquor Licenses from three (3) to four (4) . 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 6th day of March, 2006. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: March 6,2006,Regular City Council Meeting RE: Conditional Use Permit to Allow a Drive-Thru in a Multi-Tenant Retail Building at 2182-2210 W.Route 120 Applicant: MD Development,Michael Baglio ATTACHMENTS: 1. Revised Site Plan 2. Ordinance 01-1053,Liberty Square Use Variance 3. Ordinance granting a Conditional Use Permit for a drive-thru at 2182-2214 W.Route 120 STAFF RECOMMENDATION: To approve the attached ordinance granting a Conditional Use Permit for a drive-thru at 2182-2210 W.Route 120. Background The City Council considered this request at their February 20, 2006 meeting. The applicant is requesting a Conditional Use Permit to allow a drive-thru use for the far west tenant space of the multi-tenant building under construction on the site. Because of the layout of the drive-thru, Staff and the Planning and Zoning Commission recommended that the uses for the drive-thru be limited to non-food users. Some members of the Council indicated that a limited food service use may be appropriate and Staff was asked to re-evaluate the request and come up with a list of acceptable uses for the drive-thru. The City has limited allowable uses for other developments including Oak Grove Office building and Liberty Square(ordinance attached). Staff Analysis The Zoning Ordinance allows"Drive-Thru Establishments"as a conditional use in the C-2 and higher zoning districts. In theory, any permitted use could have a drive-thru if granted a conditional use permit. In reality, the most common drive-thru uses are fast food restaurants, ice cream/donut shops,banks, dry cleaners, drug stores,and coffee shops. Staff s main concern regarding drive-thru uses at the site is the potential traffic impacts that a drive-thru restaurant would have. A typical fast food use (McDonalds, Burger King, Taco Bell, Wendy's, etc.) generates a lot of traffic every day and Staff does not believe the site is suitable to accommodate such an intense use. After further analysis,however, Staff believes that an intense use would probably not locate at this site. The largest restaurant that could be allowed on the site and still meet the parking requirements is approximately 2,352 square feet,which would require 30 spaces. The remaining 11,138 square feet of retail requires 41 spaces for a total of 71 spaces and the site plan shows that 71 spaces are provided. A drive-thru in a restaurant of this size would not draw a large number of customers and will not create traffic or stacking problems. Therefore, Staff believes that allowing a drive-thru restaurant use is appropriate. Other allowable uses that should be included are: 1) Ice cream,donut,yogurt,candy,nut and popcorn shops 2) Dry cleaners,with no on-site processing 3) Coffee,tea and other non-alcoholic beverage shops 4) Video rental;and 5) Photo shops s 8!I.51'14'E 'bAIE WAY' SK3N Dq 6lNLLlIHR lJiO aw POST PROPOSED RETAIL BUILDING liV MW NRU LW 13.490 SQ. FT. F/F--104,00 N Q ss f.I `j&Jr- WAY 'DO NOT eaw sm ON MXDM MID ON rMT N N 896461S7' E 2W.94' BENCHMARK 70P R+r• IRON ROD FOUND AT'WE SOUTH4M 0WM OF NO FiRWERTY ASSUMED 6"AMP-190.0O ROUTE 120 P--VI5W 2-Z.7-D(o ORDINANCE NO. ORD-01-1053 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW CERTAIN USES ON LOT 3 OF THE PROPOSED LIBERTY SQUARE SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF SHAMROCK LANE AND ILLINOIS ROUTE 31, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by RST Development, LLC requesting a Use Variance to allow certain uses on Lot 3 of the proposed Liberty Square Subdivision; located at the southwest comer of Shamrock Lane and Illinois Route 31; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on August 30, 2001 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested variance; and WHEREAS, the City Council has considered the evidence and recommendation from the Zoning Board of Appeals and finds that the approval of the requested variance 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 property commonly known as Lot 3 of the proposed Liberty Square Subdivision, and included in the property legally described and depicted on Exhibit A, is hereby granted a use variance to allow the following uses to be developed on said Lot 3, in accordance with the rules, regulations and ordinances of the City: a) computer sales, rental and service b) donut shop, with retail hours restricted from 6:00 a.m. to 10:00 p.m. c) beauty and barber shops, hair salons d) candy, ice cream, popcom, nut and yogurt stores e) florist shop f) stationary and office supply stores g) photocopying and printing shops h) hobby and craft stores i) grocery and convenience stores j) appliance and electronics repair k) eyeglass sales and repair 1) photo processing m) video rental n) postal packaging o) shoe repair p) restaurant SECTION 2: In granting �,.,d Use Variance, the City Council finut.that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1. The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and, undue hardship upon the applicant, as distinguished from a mere inconvenience. 2. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the Zoning Ordinance for the applicable zoning district without the Use Variance. 3. Special circumstances exist that are peculiar to the property for which the Use Variance is sought and that do not apply generally to other properties in the same zoning district. 4. The granting of the Use Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5. The granting of the Use Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 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 3Rp DAY OF 99GEMBER , 2001 AYS: BOLGER, GLAB, LOW, MURGATROYD, WTMMER NAYS: NONE ABSTAINED: NONE NONE ABSENT: NOT VOTING: NONE APPROVED THIS 3RD DAY OF DECEMBER , 2001 MAYOR ATT ST: e, CITY ERK ORDINANCE NO. AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR A DRIVE-THRU,AT 2210 WEST ELM STREET IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed with the City by Michael Baglio requesting a Conditional Use Permit to allow a drive-thru use as part of the inline retail development for the property legally described on "Exhibit A", attached hereto and incorporated herein; the"SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 19,2006,in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission recommending approval of the requested Conditional Use Permit was unanimously approved; 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 permit a drive-thru user in substantial accordance with the site plan prepared by the applicant, attached hereto as Exhibit B,provided that drive-thru uses shall be limited to: Restaurants;Ice cream, donut,yogurt, candy,nut and popcorn shops; Dry cleaners with no on-site processing; Coffee, tea and other non-alcoholic beverage shops;Video rental stores; and Photo shops. 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. The requested use will not adversely impact traffic not otherwise typical for permitted uses in the zoning district; 2. The requested use will not create an environmental nuisance with any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of permitted uses in the zoning district; 3. The requested use will fit harmoniously with the existing natural or man-made character of the surrounding area; 4. The requested use will not require community facilities or services not otherwise typical for permitted uses in the zoning district; 5. The requested use will not be detrimental to the safety or health of the employees,patrons or visitors associated with the use,nor the general public in the vicinity; and 6. The requested use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 1 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 ,2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 2 EXHIBIT A PARCEL I: THAT PART OF 7 HE NCRTHFAIST 14 OF `'­I�; NQRT HEAST V4 OF srzt,,r,,cNN 36, IN TOWNSI-41P 46 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPALIMERIMAN LY'NG NORTH OF A -INE 11030 FEET Nlr,)RTI-I AND PARALi.V-1, 'ro THE i-ENTERLINE 0V ROUTE 120 DESCRIBED AS FOLLOWS: COMMENCINC-' AT A POINT %)N "HE NORTH LINE OF 3[:C-10N� -3(- 059 10 U EFT WF51 OF THE NORTHFACT CORNER :fit- SAIV SECTION, THENCE SOUTH (k DFa7R,EFS '.743 MINUTES[ AST 16-1.41-1 ==FT T")A F`QINT ';0 CO FEET NORTH 'IF -H,F CENT.-PLINE ""r POI ITF 120, -HENCLWEST A_ONG A V NE 5C 001 FEET NIC'PTH OV THE" f,E,*,4TfRLlNE OV ROOT_ 120. A DIS74NCE OF 258.00 FEET. Tpip--N(�E %!()R'^HA7RICiH7Ar,JGLESI :) HE LAST DESC RIBED LINE 162.85 r'cET. 1JIt r UP I,ESS, TO THE NORTH LINE OF SAID SECTION 36, THENCE EAST ON _rHF., NOR'rWANF i.-)F _c,AiDSECTIC:N .*, 25800PEET IOTt-iE PLACE OF BEGINNING. IN IvACF-ENRY (300147N". IL-LiNOI& PARCELZ: THAT PART OV r"F- SOUTWE'AST 1 4 "HE S�UTI_IEAST 1,4 OF SECTION 1'5. TOWNSHW 45 NORTH, RANGE t, LAST QF THE HIRO PRINCIPAL MER101AN, DESCRIBED AS FOLLOWS CC)MMENCING AT A POINT ON THE S(AJ-­H INE OF -30'TON 25 959.'G FEET VVUSI 0tz_THE SCAJ-HEAST CORNER' X SAID SECTION. THENCE NORTF 00 DEGREES Ct MINUTES WEST. A DISTANCE OF 84 60 FEET THENCE MIST AT RIGHT ANGLE',;TO THE LAST DESCRISF0, LINE 2ft DO FEE-1, THENCE SOUTH AT RiGHTANGLFS To THE LAS" OFS-R BFE_l I Ir4F 85 li PEET. MORE' 09, LESS, TO M4 SC)LITH LINE: OF SA 0 SECTI(7)hl 2): THENCE EAST ON THE SC,U f H LINF,'-' OF SECTION 25, 258 00 FEET TO THE PLACE OF BEGIN N ING IN COIJINTY. 4.1-NOIS KNOWN AS 2210 N, ROUTE 120 (ELM rTr4r ETi MCOHENRY ILJN0r_ 3 EXHIBIT B Site Plan On File with the City Clerk 4 r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Management Assistant for Community Relations FOR: March 6, 2006 Regular City Council Meeting RE: Riverwalk Phase I Boulder Installation RECOMMENDATION: Waive bid requirements and accept the lowest of three quotes received from Alliance Contractors, Inc for the installation of boulders along the south side of Boone Creek between Green Street and the Riverwalk Place development at a cost of $84,363.50. ATTACHMENTS:Boulder and bedding installation quote sheet from Smith Engineering Consultants, Inc. Background. A major and time sensitive component of the Phase I portion of the Riverwalk project is shoreline stabilization. VOA's plan calls for removing and reducing the existing seawall to replace it with a natural boulder edge. A natural shore treatment has environmental as well as aesthetic and functional benefits. In December 2005,the City Council approved the installation of a new seawall to serve as the foundation for the boulders. However,the boulders were not included in the contract price. Analysis. The time sensitive nature of the placement of the boulders directly correlates to the water levels of Boone Creek and the Fox River much the same as it does for the installation of sheet piling for the seawall. The winter draw-down of the Fox River coupled with drought conditions has caused the water levels in Boone Lagoon to be lower than typical winter levels. Since the water level is so low,there is no need to"dewater"a section before work can begin. Dewatering can be time consuming and labor intensive driving up costs dramatically. As with the seawall, shoreline stabilization needs to occur before the water levels rise in April. At the city's request, Smith Engineering has compiled a list of three quotes for the installation of the boulders along the south side of Boone Creek between Green Street and the Riverwalk Place development. Alliance Contractors,Inc. was the lowest quote at$84,362.50. The contract includes installation of the boulders and five storm outlet repairs from the McHenry Villa Parking lot to the creek. BOULDER AND BEDDING INSTALLATION City of McHenry Riverwalk Project Smith Engineering Consultants, Inc. Date: February 27, 2006 Checked By. CJP Alliance Contractors,Inc Berger Excavating Gluth Bros. Construction, Contractors,Inc Inc. Item Description Quantity UNIT Unit Price Total Unit Price Total Unit Price Total EXCAVATION/DISPOSAL 370 CY $12.00 $4,440.00 $25.00 $9,250.00 $14.00 $5,180.00 FABRIC 415 SY $1.50 $622.50 $3.00 $1,245.00 $2.00 $830.00 CA-1 BEDDING 8"THICK 190 TN $14.00 $2,660.00 $20.00 $3,800.00 $15.25 $2,897.50 18-24" BOULDERS I 460 TN $152.001 $69,920.00 $200.001 $92,000.00 $160.001 $73,600.00 Sub-Total $77,642.50 $106,295.00 $82,507.50 Storm Outlet Repair Items Quantity UNIT Unit Price Total Unit Price Total Unit Price Total 12" PVC 12 LF $74.00 $888.00 $90.00 $1,080.00 $80.00 $960.00 8" PVC 12 LF $63.00 $756.00 $75.00 $900.00 $65.00 $780.00 8" CMP 48 LF $68.00 $3,264.00 $73.00 $3,504.00 $67.75 $3,252.00 21" CMP 121 LF $87.00 $1,044.00 $100.001 $1,200.00 $85.001 $1,020.00 12" RCP 12 LF $64,001 $768.00 $85.001 $1,020.00 $63.001 $756.00 Sub TOtal $6,720.00 $7,704.00 $6,768.00 PROJECT TOTALI $84,362.50 $113,999.001 $89,275.50 NAJobs\Smith\2005\051079 MCHE McHenry Riverwalk\Construction\Contractor Proposals\MCHE-051079-Boulder Install-BID TABS-cjp-022706.xls AGENDA SPPLEMENT TO: Mayor and City Council FROM: Daniel I Marcinko,Director of Public Works FOR: March 6,2006 Regular City Council Meeting RE: 1.0 MG Elevated Water Storage Tank#4' ATTACHMENT'S: Agreement for Consultant Service Addendum#1 Background. At the June 6, 2005 Regular City Council Meeting, the City Council approved an engineering service agreement with Smith Engineering Consultants, Inc. (SEC) for construction inspection services for the Elevated Water Storage Tank No. 4. The approved agreement from SEC is for an amount not to exceed $44,155.00 or approximately 3% of the $1,495,000.00 construction bid. Analysis. SEC has submitted an agreement for consultant services addendum#1 to cover the additional cost for work performed to date and the anticipated work left to complete the project. SEC is requesting an additional $20,092.50 resulting in a revised contract value of $64,247.50 or approximately 4% of the construction bid. The services are outlined in the attached addendum #1 from SEC which includes additional ring pier issues, design modifications and additional work requested by the City and McHenry County. Staff has reviewed the submittal and recommends approval of the addendum #1 submitted by SEC. However, the additional ring pier issues are the contractor's responsibility and the city will be deducting this cost from the contractors pay request. Recommendation. Staff seeks Council approval of SEC's agreement for consultant services addendum#1 for the elevated water storage tank#4 in an amount not to exceed$20,092.50. AGREEMENT FOR CONSULTANT SERVICES ADDENDUM #1 Project: City of McHenry— 1.0 MG Elevated Water Storage Tank 94 Original Contract Value $44,155.00 Addendum#1: City -$16,900.00 Contractor - $3,192.50 TOTAL - $20,092.50 Revised Contract Value: $64,247.50 AMENDMENT NO. 1 Whereas, the City of McHenry heretofore entered into a contract dated June 6, 2005 with Smith Engineering Consultants, Inc. Whereas, revisions and additions to the original contract are necessary as follows to accommodate additional construction observations services. • An unexpected substitution of a Fresh Mix TM System for the Water Storage Tank. • During the construction of the foundation, unexpected construction methods of the ring piers and changes in design of the ring beam occurred. • Additional construction requested by the City of McHenry and McHenry County. • Additional construction observation and administration coordination to accommodate additional improvements to the project. Whereas, the foregoing changes and additions were not anticipated and were not provided for in the original contract; Therefore, it is necessary to expand the contractual upper limit of compensation to be paid under the contract, as such: • Provide additional construction observation and project administration/coordination work. Whereas, this amendment will provide the appropriate adjustments; and Whereas, the adjusted upper limit of compensation shall be $64,247.50. Now, therefore, the parties hereto do mutually agree to changes to the AGREEMENT FOR CONSULTANT SERVICES as detailed in the attached Exhibit A. Page 1 of 2 Save as to these provisions, all other terms and conditions of said contract are to remain in full force and effect. FOR SMITH ENGINEERING CONSULTANTS, INC. ATTEST: By BY h0A), Preside t Executive ssistant FOR THE CITY OF MCHENRY ATTEST: By BY Mayor Clerk N:Uobs\Smith\2005\050439 MCHE 10 MG ELEVATED WATER STORAGE TANK#4\administration\contract\IYICHE-050439-Addendum#1- jsm-121505.doc Page 2 of 2