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Home My WebLink AboutPacket - 07/31/2006 - City Council �l City of McHenry .r 333 South Green Street McHenry,Illinois 60050-5495 r WWW.ci.mchenry.il.us AGENDA Mayor's Office REGULAR CITY COUNCIL MEETING (815) 363-2108 Monday,July 31, 2006, 7:30 P.M. Fax (815) 363-2119 1. Call to Order Clerk's Office (815)363-2100 2. Roll Call Fax(815)363-2128 3. Pledge of Allegiance Administration 4. Public Hearing: Fourth Amendment to Busch Knox Annexation Agreement — Angelus East (815)363-2108 Memory Care Facility Fax(815)363-2119 Public Works 5. Public Input Session — 10 Minute Limitation Community 6. Consent Agenda: Development A. Final Pay Request from American Demolition Corporation for demolition of 1110 North Green (815)363-2170 Street in the amount of $110,000; Fax(815)363-2173 B. Legend Lakes Neighborhood No. 3 bond release and acceptance of Legend Lakes Neighborhood No. 3; Parks and Recreation C. Accept proposal from LISFilter to refurbish clarifiers at the SWWTP for $13,111; (815)363-2160 D. Request to connect to city alarm panel from Raymond's Johnsburg Bowl; Fax(815)363-3186 E. Request for block party with live entertainment, special event liquor license, and waiver of all associated fees for Polish Legion of American Veterans Annual Block Party; Police Non-Emergency F. Request for use of Knox Park Barn, temporary sign permit, and waiver of all associated fees (815)363-2200 for the Annual McHenry Area Jaycees Haunted House; Fax(815)363-2149 G. Picnic Permit Requests; H. Block Party Requests; and I. City Council minutes from July 10, 2006 and July 17, 2006. Mayor Susan E.Low 7. Request for Honorary Street Sign City Clerk 8. Request for Class A liquor license from Khayat Enterprise d/b/a Fatman Tavern McHenry, 2314 Janice C.Jones West Route 120 Treasurer 9. Authorization to issue Requests for Proposals for redevelopment of the former Medical Arts David M.Welter building site, 1110 North Green Street Aldermen 10. Addendum to Engineering Services Agreement with Smith Engineering Consultants, Inc. for additional work performed relating to the design of the Municipal Drive Extension in the amount WARD 1 Victor A. Santi of $39,760 for a total contract amount of $102,005.60 WARD 2 11. A) Award of bid to Berger Excavating Contractors, Inc. for the extension of Municipal Drive for Andrew A.Glab an estimated amount of $1,337,570; and, B) Engineering Services Agreement with Smith Engineering Consultants, Inc.for construction observation for the Municipal Drive extension not WARD 3 to exceed $127,929 Jeffrey A.Schaefer 12. Request to waive bid requirements and purchase Fault Tolerant Server and Networked Storage WARD 4 Unit from CDW-G at a cost not to exceed $79,000 Steven C.lblurgatroyd 13. Mayor — Statement and Reports WARD 5 Richard W.Wimmer 14. Committee Reports WARD 6 15. Staff Reports Robert J.Peterson 16. Future Agenda Items WARD 7 17. Adjournment Geri A. Condon Posted and Mailed: July 26, 2006 k 31 TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: July 31,2006 Regular City Council Meeting RE: Fourth Amendment to Busch Knox Annexation Agreement for Angelus East Memory Care Facility The public hearing on the proposed fourth amendment to the Busch-Knox annexation agreement is scheduled for the Monday, July 31, 2006, City Council meeting. Because two Aldermen will be absent, the applicants have requested a continuance until August 7, 2006. In order to preserve the public notice and not have to re-publish, Staff is recommending that the City Council open the public hearing on July 31" and immediately continue the hearing until August 7 . The applicants will be prepared to make their presentation on August 7d' before the entire City Council and all public testimony can be taken at that time. Thank you for your consideration. CD t�111T AGENDA The Consent Agenda for the July 31, 2006 City Council meeting consists of the following items: A. Final Pay Request from American Demolition Corporation for demolition of 1 110 North Green Street in the amount of $110,000; B. Legend Lakes Neighborhood No. 3 bond release and acceptance of Legend Lakes Neighborhood No. 3; C. Accept proposal from USFilter to refurbish clarifiers at the SWWTP for$13,111; D. Request to connect to city alarm panel from Raymond's Johnsburg Bowl; E. Request for block party with live entertainment, special event liquor license, and waiver of all associated fees for Polish Legion of American Veterans Annual Block Party; F. Request for use of Knox Park Barn,temporary sign permit, and waiver of all associated fees for the Annual McHenry Area Jaycees Haunted House; G. Picnic Permit Request; H. Block Party Requests; and I• City Council minutes from July 10,2006 and July 17, 2006. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin,Assistant City Administrator FOR: July 31,2006 Regular City Council Meeting RE: Final Payout for demolition of the former Medical Arts Building(1110 N. Green Street) RECOMMENDATION: To approve the final payout to American Demolition Corporation for demolition of the building at 1110 N. Green Street in the amount of$110,000. Staff has done a final inspection of the site at 1110 N. Green Street and found that the demolition and restoration work has been completed in a satisfactory manner. Staff was very pleased with the efforts of American Demolition Corporation. There were no problems associated with the work. Staff is seeking authorization for a final payout to American Demolition Corporation, for demolition of the former Medical Arts Building, in the amount of$110,000. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE 1 OF 2 PAGES TO: City Of McHenry PROJECT: Building Demolition APPLICATION NO: 1 DISTRIBUTION TO: 333 South Green St. 1110 N.Grren St. C1 OWNER McHenry, IL 60050 McHenry,IL APPLICATION DATE: 7/14/2006 ARCHITECT FROM(CONTRACTOR): L� CONTRACTOR VIA(ARCHITECT): � American Demolition Corp.305 Ramona Ave. ARCHITECT'S PROJECT NO.: Elgin, IL 60120 CONTRACT FOR: Demolition CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment,as shown below, in connection with the Contract. Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $110,000.00 CHANGE ORDERS approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders previous months by Owner 3.CONTRACT SUM TO DATE Line 1+r 2 $110,000.00 TOTAL 4.TOTAL COMPLETED&STORED TO DATE $110,000.00 Approved this Month 5.RETAINAGE: Number Date Approved a. 10%of Completed Work 1'00 (Column D+E on G703) b. %of Stored Material (Column F on G703) Total Retainage(Line 5a+5b or Total in Column I of G703 TOTALI 6.TOTAL EARNED LESS RETAINAGE 000 00 Net change b Change Orders (Line 4 less Line 5 Total) $110 The undersigned Contractor certifies that to the best of the Contractor's knowledge, 7. LESS PREVIOUS CERTIFICATES FOR PAYMENTS information and belief the.Work covered by this Application for Payment has been (Line 6 from prior Certificate) completed in accordance with the Contract Documents,that all amounts have been S.CURRENT PAYMENT DUE $110,000.00 paid by the Contractor for Work for which previous Certificates for Payment were 9.BALANCE TO FINISH, PLUS RETAINAGE issued-and payments received from the Owner;and.that current payment shown (Line 3 less Line 6) herein is now due. State of. Illinois County of: Cook CONTRACTOR: Subscribed and sworn to before me this 14th day of Am 'can Dem ''on Corpora n Notary Public: T My Com ' sion expire . Scott Lau By: Date: 7/14/06 "doc 5r Pull; ,S=ate of Illi�os Celia D.Werth,Vice President !�"v�` ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNTCERTIFiE In accordance with the Contract Documents,based on on-site observations and the (Attached explanation if amount certified differs from the amount applied for.) data comprising the above application,the Architect certifies to the owner that to the ARCHITECT: best of the Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the work is in accordance with the Contract Documents,and By: Date: the Contractor is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET American Demolition Corp AIA DOCUMENT G703 PAGE 2 OF 2 PAGES AIA DOCUMENT G702,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 7/14/2006 In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: 7/1 /2006 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO.: A B C D E F G H ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS- TOTAL % BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G/C) TO FINISH APPLICATION STORED AND STORED (C.G) (D+E) (NOT IN D OR E) To DATE 1 BUILDING DEMOLITION 110,000.00 110,000.00 (D+E+F)110,000.00 100% TOTAL 110,000.00 110,000.00 110,000.00 100.0% CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: July 31, 2006 Regular City Council Meeting RE: Legend Lakes Neighborhood 3 Bond Release & Acceptance of Legend Lakes Neighborhood 3 ATTACHMENTS: 1)Notice of Acceptability 2) Location Map 3) Request for Release of Construction Guarantee Form Background. In accordance with a request from Jack Murphy of Kimball Hill Homes for the release of the surety bonds for Legend Lakes Neighborhood 3, Baxter and Woodman has completed a review of the public improvements to assure they have been installed in conformance with the approved plans and specifications. The public infrastructure within the subdivision has been properly installed and tested and is now ready for acceptance. The following list provides a summary of the bonds recommended for release: Subdivision Public improvement Bond# Current Bond Amount Shamrock Farms 3 Storm sewer SB 283 $554,100 Shamrock Farms 3 Storm sewer SB 284 $14,710.00 Shamrock Farms 3 Water main SB 285 $554,218.75 Shamrock Farms 3 Sanitary sewer SB 286 $430,243.75 Shamrock Farms 3 Lift Station SB 128 $46,752 Shamrock Farms 3 Road SB 287 $177,687.50 Shamrock Farms 3 Collector Road SB 127 $66,029 Shamrock Farms 3 Parkway SB 126 $19,834.38 Shamrock Farms 3 Mass Grading SB 86 $6,250 This is the final release of surety bonds for this development prior to acceptance from the City. Based on the inspections from Public Works and Baxter and Woodman, Staff recommends acceptance of Legend Lakes Neighborhood 3 and the release of their surety bonds contingent upon the receipt of maintenance guarantee totaling$466,334.40 for a period of two years. Recommendation. Staff recommends the Council approve the release of the listed surety bonds for the Legend Lakes Neighborhood 3 contingent upon the receipt of a maintenance bond totaling $466,334.40 and acceptance of Legend Lakes Neighborhood 3. r NOTICE OF ACCEPTABILITY OF WORK ENGINEER'S PROJECT NO.: 030253.03/010859 PROJECT: Legend Lakes (Formerly Shamrock Farm ) Subdivision Neighborhood 3 CONSTRUCTION CONTRACT DATE: Not Applicable TO CITY OF McHENRY, ILLINOIS AND TO KIMBALL HILL HOMES The undersigned hereby gives notice that the completed work furnished and performed by DEVELOPER under the Contract for the above Project is acceptable expressly subject to the provisions of the Contract and the terms and conditions set forth on the reverse side hereof. BAXTER &WOODMAN, INC. CONSULTI G ENGINEERS Q� By. Darrel R. Gavle, P.E. RECEIVED Date: April 3, 2006 J U N 2 7 2006 Page 1 of 2 MY OFMcHENRY INEIMFORMS\BM Construction Forms-Form Letters\UW63-Notice of Acceptability.DOC PUBLIC WORKS DEPT ............ OPA ...... ---------- -------------- P ;.-* Al 4;i .............. --im �. . .... ........ .......... > ......... -0 0000 140C -x. ....... .... 900 1800 2700 feet Printed for City of McHenry Center of View in 7/18/2006 BHK Map Page: 09-32-2 McHenry County N Bruceffirris &Associates,Inc. Copyright 2005,McHenry County REQUEST FOR REDUCTION OR RELEASE OF CONSTRUCTION GUARANTEE As provided for in the Subdivision Control Ordinance of the City of McHenry Section 7,subdividers of property shall post a construction guarantee in the amount of 125%of the cost of required public improvements as approved by the City Engineer. This construction guarantee is posted to insure the installation of all public improvements in accordance with approved plats,plans,and specifications. This request is made pursuant to the completion of part of all required public improvements. Completion of public improvements is required within two(2)years of posting of the construction guarantee. DATE: 0-7 - le - i. Person requesting ndwe4i"Wrelease: J A-C`L M u t N Y K tM��►LL 1 w 2. Phone Number: b4'11 -709 — $l60 3. Subdivision: L.F.G o lk m ��.I Gft P�OR'H AD t7 4. Type of Construction guarantee: Check/Cash Letter of Credit ^G1014CJt Original surety posted on 00 - 30 • OZ Approval date of final plat 5. Original value of construction: $ 72 •50 6. Original value of construction guarantee(125%of line 5) 7. Previous reduction(s) Date: 1-7 • 03 Amount: 8. Requested amount of construction guarantee reduction $ ��' 9. Amount of construction guarantee reduction approved by City Engineer: $ �'��SE 10. Actual value of improvements(installed,which are included in reduction) 2 331 40.7 2 .SO (80/o of line 9) $ 11. Amount of construction guarantee remaining,if approved $ 12. Amount of maintenance guarantee remaining,if approved(20%of line 10 above) �66. 33¢ •+0 PENDING COUNCIL ACTION: 13. Amount of construction guarantee reduction approved by McHenry City Council: $ on resulting in a remaining required construction guarantee of $ and a remaining required maintenance warranty of$ w NSENT AGEsA C4 Mayor and City Council f public W orks Daniel J•Marcink°'Director ° cil Meeting FROM• 31,2006 Regular City C°un July ent plant FAR' ater Treatm South W astew RE: osal expansion to the USFilter PrOP allon Per day o f the expansion, NT: million S Ally ACHE of the city's 0 5 complete. As P fiers once the The construction TP) is nearly existingclarifiers. a file existing Back round• acent to the twotemporarily h wastewater Treatment contstructed adjed Sout would like to add: clarifiers staff This would be consider taffhas at into service, echanical Parts. two adds ers are P bish the m wastewater division• additional clarifiers and refur for the On site as Part eted annually Were already clarifiers Out., service that clean budg sal for this work since they standard maintenance liter to provide a PrOP° al to refurbish the clarifiers for$6,555.50 each. requested USF Attached is the prOP°S USFilter to of the expansion. rove the proposal from the SWS�TP approve n an at not to exceed S13,111.00 Recommendation. Staff grecommendsat th refurbish both of the existing clarifiers JUN-30-2006 15 19 HEIERSUN N, MRTZ INC a # 847 844 4409 P.02iO4 MW �- iNWAts,r'x E.u11ura Pr„dAW ,1 ti,` Q4.' Ir l 106!=]n' l ,Ci5`a+�rsf,u.wl ES'!1� 1 A s�Se�»ars 23a� _ �/30/06 Hiz127$�� tYAtlrt<5p11r AttrrKloa'r`R� Rn:r•tfsvr/lenNwAriMlwu'ttnnx 1 7319! 9 # 73199 MCHENKY, CITY OF [IL] MCHENRY, CITY OF [SL] WASTEWATER TREATMENT PLANT i WASTEWATER TREATMENT PLANT 3306 WAUKEGAN STREET i 3306 WAuKEGAN STREET MCHENRY IL 60050 t MCHENRY IL 60050 FAnireu hic.Qba USf'iRti t Lf 44rtx Vl datfN ix pleiwoAl!r,„Ifc1,hike itliljoithig gnotutiun for your raneidristiow. Iwo*QuatKy Irs"A 001 3 103-74-40 IsEARING RING-CIRC DRIVE,INNER, H30 DRIVE 70.00 EA 210.00 2- 4 WEEKS i 002 1 103-74-36 ?BEARING RING-CIRC DRSVE,ourER, M30 SERIES 71.00 KA 71.00 * STOCK i 003 3 103-74-41 :BEARING RING-CIRC DRIVE,UPPER/LOWER, H30 DRIVE 71.00 EA 213.00 2- 4 WEEKS 004 2 503-41346-80 IDEFLECTOR-DUST,H30,2.5 X 14GA X 45.5",W/ANG'S,PNTD 40,00 EA 80.00 w STOCK t 005 94 XCA3834-1 ;BALL-BEARING, 1.000"DIA. CHROME STEEL BALL, GR 2S 1.75 EA 164.50 * STOCK i 006 9 841-26980 'jFELT 5TKIF, .500" X ,S00",SAE.F11, 15' LENGTHS 2.00 FT 18.00 * STOCK 1 007 9 841-24390 ;RUBBER-CORK/NrOPRrNE BLGNO,W/PSA, .06" X .S" WIDE 1.00 FT 9.00 * SDK i 008 1 303-1772-1 ]BEARING-NEEDLE,2.75"0 S11AP7, TORRINGTON HVY DUTY 16S.00 EA 165.00 * STOCK 009 27 103-81481-1 1(SEAL-MANIFOLD..25 X 3.63", 60-70 DURO NEOPRENE 20.00 FT 270.00 * STOCK 010 1 303-2380-1 ICLAMP KIT,W/BAND-50' X .GZ".20 FSTNRS,S BAND SPLIC 98.00 EA 88.00 * STOCK Olt 1 503-91920-90 iWIPER-SKIMMER, 3.50 X 70.00 X .188"THK, NEOPRENE 47.00 EA 47.00 * STOCK F 012 2 503-81920.91 ;WIPC•R-SKIMMER, 3.50 X 5.50 X .188"THK, NEOPRENE 10.00 FA 20.00 * STOCK 013 1 ILABOR TO INSTALL ITEMS 1 • 12 ABOVE 5200.00 EA s2oo.DD 2- 4 WEEKS I } ITEM 13 IS FOR ONE MAN WORKING WITH ONE MCHENRY 1 MAN (TO ASSIST), AND INCLUDES LIVING, 1RAVEL. TOOLS, EQUIPMENT & SUPPLIES. NO CRANE IS REO'D. Total Sale Price: 6,5SS.So / 1 � _ Please Direct Quest'io;js, Comments, or inquiries Local Representativeyl�: 830 '- 1:•nvirex Account Manager: Greg Weston - '- Name: PETERSON 4 MATZ CIL) �� Phone: (262) S21-8218 Phone: 947/844-4405 I Fax: C262) 521-8249 Fax: 647-544-4409 - E-Mail: gregory.weston8siemens.com Prices are in Effect for: 30 Days Payment Terms! N30 * Lead Tine: Contingent upon Stock Availabiliry Minimum order value: $50.00 Freeight Terms: FOB SHIPPING POINT LEAST EXPENSIVE FREIGHT ALLOWED Q0605072 Page I of 3 T CONSENT AdENDA SUPPLEMEN To: Mayor and Aldermen For: July 31, 2006 re heduled City Council Meeting From: City Clerk Jone Re: Request for Conn ion o Police Alarm Panel • Raymond's Jo sburg Bowl The City's Police Alarm Panel provides direct hook-up for area businesses and/or private residents to their individual security systems. If the business or citizen is located outside of the City boundaries, permission must be granted by Council. Following Council authorization to connect, a letter of approval will be sent to the applicant, including information on the next step in the process: contacting the City's coordinator/installer, Norshore Alarm. Copies of this correspondence are then forwarded to the Fire Department, the McHenry Police Department, and the Community Development Department Attached is the most recent correspondence requesting connection to our Police Alarm Panel: • Prime Commercial Corporation's request to connect Raymond's Johnsburg Bowl, located at 3960 North Johnsburg Road, in Johnsburg, Illinois to the Police Alarm Panel. /kmk PRIME COMMERCIAL CORP July 14, 2006 Ms. Kathi Kunzer Deputy Clerk City of McHenry 333 S. Green Street McHenry, 1L 60050 RE: Emergency Alarm Board Connection Dear Kathi: On behalf of our client, Raymond's Johnsburg Bowl, we are requesting permission to connect their new recreation facility to the City's emergency alarm panel. The new building is located at 3960 N. Johnsburg Road, Johnsburg, IL 60051. Sincerely, Anne M. Rodenkirch Manager- Business Operations &Project Development /amr 420 NORTH FRONT ST, STE. 200 ■ MCHENRY, ILLINOIS 60050 ■ 815.385.1888 ■ FAX. 815.385.0990 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 31 , 2006 Regular City Council Meeting RE: Request from the Polish Legion of American Veterans to host a block party with live entertainment on Sunday, August 6, 2006; Special Event Liquor License; and, waiver of all associated fees. Attachments: Letter from PLAV Special Event Liquor License Application Block Party Permit Application The city received a request from the Polish Legion of American Veterans (PLAY) located at 1304 N. Park Street to host its Annual Block Party on Sunday, August 6, 2006 from 12:00 PM to 6:00 PM. The PLAV is requesting the closure of Park Street between Elm and Pearl Streets from 12:00 PM to 6:00 PM to facilitate the event. Live entertainment will be provided by a deejay setup on Park Street. In addition, the PLAV has applied for a Special Event Liquor License to sell beer from a beer truck located on legion property and request that the $25 fee be waived. For past events, the City Council has approved the requests based on the following conditions: 1. The beer wagon is to be stationed on Legion property. 2. Regular legion staff to monitorthe consumption and legal drinking age of all patrons. 3. Wristbands required to be worn by persons of legal drinking age. 4. Live entertainment authorized to perform outside from 2:00 PM to 6:00 PM. 5. Closure of a portion of Park Street between Elm Street and Pearl Street closed from 12:00 PM to 6:00 PM. 6. Contact the Public Works Street Division at 363.2186 to arrange placement of street barricades. Recommendation: To grant permission to the Polish Legion of American Veterans to host its Annual Block Party with live entertainment on Sunday,August 6, 2006; close park Street between Elm and Pearl Streets from 12:00 PM to 6:00 PM; approve Special Event Liquor License; and, waiver of all associated fees based on the conditions listed above. "Chartered by Act of Congress" Organized September 3, 1980 • Page 2 July 12,2006 AJfi 9 f 4�:4MErlican %-L-Tani LIBERTY MEMORIAL POST 188 � 1304 N.PARK STREET McHENRY, ILLINOIS 60050 { 11 815-385-9789 JUL0 "UNITED WE STAND" CITY Of mfHENRY July 12, 2006 Dear Mayor Low and Alderman of McHenry, I am writing to you to ask for permission to hold our Annual Post Picnic. The Picnic is planned for Sunday, August 6, 2006. As in the past We would like to close Park Street from the intersection of Rt. 120, to the north end of 1304 Park St. (our Post Property.)We would like to close the street from the hours of 12:00 p.m. till 6:00 p.m. We will also have a beer wagon on the property. All Guests will be required to show two forms of identification to obtain a wrist band. There will also be music and food. We would appreciate your approval and invite you and your families to attend. This picnic is for our members and their families that have donated their time and funds to support our hospitalized Veterans at the North Chicago V.A. Hospital. Thank You for your time with this mater. Sincerely, 4a Stephen Schutz, Commander, P.LA.V. Post#188 Over Three Million Americans of Polish Descent Served in the Wars of the U.S.A. CITY OF MCHENRY FEE$25.00 APPLICATION DATE 7 I COMPANY OR ORGANIZATION: ! ADDRESS: _ __.1 3a y /oiQ �' —CITY:— PHONE NUMBER: 'i,2 4l7 TYPE OF BUSINESS OR ORGANIZATION: L/Ar&�HS' 2. LICENSE APPLICANT: zell;-y DATE OF BIRTH: ADDRESS: CITY: DAYTIME TELEPHONE NO.: Sir 3 S Y %'W7 EVENING TELEPHONE NO. 3. LOCATION WHERE SPECIAL EVENT HELD. y (non-residential premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: Cry; TELEPHONE NUMBER: 5. DATE(S)OF EVENT: CA4 C .2OW HOURS: (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: BEER WINE LIQUOR 7. NO UNDER=AGED OR INTOXICATED PERSON(S)SHALL BE.SERVED ANY ALCOHOLIC BEVERAGES. 8. DRAM SHOP INSURANCE MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT COUNTY OF Mcl-IENRY) STATE OF I11.11NOM " hereby states that the City of McHenry shall not behold liable for arty loss,damage or injury sustained by any person what,by reason of the negligence of the Company,Organization,person or persons to whom this license has been issued,and shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result of the issuance of this license. . The undersigned certifies that they will not violate any of the laws of the Cdy of McHenry,of the State of Illinois,or of the United States ofAmerica,In the conduct of this Special Event Liquor License and that the statements contained in this application are true end correct to the best of his/her[knowledge and belie i SUBSCRIBED and 'dttbR,bfcl� m»»is S licarrt Marcia M. hty c,S o 20�. ,Commis 'on E s!2b/l Notary Public DATE ISSUED LICENSE NO. EFFECTIVE DATE(S) 03= Block Party Permit Applicadon Revised 6/3ro5 Application submitted by: /COL/S� ��a'Y o{ ,¢ `i��c; yF/F ,�GS� glgg, Street Address: / 30171 Date Submitted: 7 /.2 NOTE: PLEASS SUBMIT YOUR"FUCATIONi TO THE OFFICE OF 1M Crry CLERK AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY Date of Block Party: pie , 200 Hours of Proposed Street Closure: A&t,� a.m./p.m. until in Subdivision Name: Specific Location of Proposed Street Closure(i.e. from what intersection to what intersection): Street IAe1r from to Contact Person(s): / 0 Contact Person(s)Address: Daytime Phone Number: P�S- j?SV- 3,-,2 Evening phone Number: S�- 7 'or UPON COMPLETION,PLEASE SUBMIT THIS APPLICATION TO: OFFICE OF THE CITY CLERIC 333 SOUTH GREEN STREET MCHENRY IL 60050 OR PHONE:815-363-2105 OR FAX:815-363-2128 OR E-MAIL: kkunzer@ci.mchenry.il.us OFFICE USE ONLY COUNCIL APPROVAL ON: NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS ADMIN DEPT. ❑ MCHENRY PUBLIC WORKS STREET DVN ❑ MCHENRY TOwNsHIP FIRE PROTECTION DISTRICT ❑ ADmNISTRATIoN OFFICE. 13 APPLICANT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: July 31, 2006,Regular City Council Meeting RE: Use of Knox Park Barn,Temporary Sign and Waiver of Associated Fees, Jaycees Haunted House McHenry Area Jaycees,Applicant ATTACHMENTS: Letters from Joe Panek,undated. STAFF RECOMMENDATIONS: 1. To allow the use of the Knox Park Barn for the Jaycees Haunted House. 2. To allow a temporary sign at the Knox Park entrance on Route 31 from September 9, 2006 to November 1,2006 to advertise the Jaycees Haunted House. 3. To waive all associated fees. Background A request was received from Joe Panek,representing the McHenry Area Jaycees,to use the Knox Park Barn, have a temporary sign, and waive all associated fees for their annual Haunted House. The Jaycees Haunted House will be open the first weekend in October. Set-up will begin at the end of August. In the past, Council has approved similar requests by the Jaycees and waived all associated fees. To whom it may concern, I, Joe Panek, chairman of the 2006 McHenry Area Jaycees Haunted House project am hereby asking the city if the fees for the sign permit can be waived. As a non-profit community organization, it would certainly aid us. If there are any,questions, please feel free to call me at 815-861-3324. Thank you for everything that the city has done for us, it is all greatly appreciated. Sincerely, qce" Ranxk Joe Panek Chairman (Haunted_House_2006) .. _._.__ To whom it may concern, 1, Joe Panek, chairman of the 2006 McHenry Area Jaycees Haunted House project am hereby asking the city if the fees for the building permit can be waived. As a non-profit community organization, it would certainly aid us. If there are any questions, please feel free to call me at 815-861-3324. Thank you for everything that the city has done for us, it is all greatly appreciated. Sincerely, �C-P, �C�►► Joe Panek Chairman (Haunted House 2006) CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks 8z Recreation For: July 31, 2006 City Council Meeting Re: Picnic Permit Requests RECOMMENDATION: To approve the attached Picnic Permit Requests Attached is a list of picnic permit requests with all fees and documentation properly submitted. TConaway/picnic permit consent agenda.doc YFOR CITY COUNCIL MEETING OF JULY 319 2006 Date of Picnic Applicant Address 08/12/06 Kathleen Stott Family 219 N River Rd, McH 08/20/06 McHenry Area Jaycees—Picnic 08/27/06 McHenry Area Jaycess - Softball Wonaway\picnic permit listing `; CONSEN T AG ND SUPPLEMENT To: Mayor and City Coun Fm: City Clerk Jones For: July 31, 2006 regal y scheduled City Council Meeting Re: Block Party Requests Traditionally, during the summer and fail months, the Clerk's Office receives numerous requests for permission to hold block parties within the City limits. The requests usually entail blocking off streets at specific locations within a particular subdivision. The Public Works Department provides barricades. The Fire Department offers a visit by personnel and/or a fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission must be granted. Following council approval, the Police Department Public Works Department, McHenry Township Fire Protection District and the Applicant are notified in writing of the approval. The following Block Party Requests were received and require Council approval: Saturday, August 26a'from noon until midnight Ron Bielski of 1719 Jennifer is requesting the closure of Jennifer between its intersections with Orleans Street and Prestwick Street in Mill Creek Subdivision. Saturday. August 5h from 11:00 a.m. until 8.00 p.m.: Wendy Biggerstaff of 208 Donegal Court is requesting closure of the Donegal Court at its intersection with Donegal Drive in Legend Lakes Subdivision. Saturday, August 2e from 4 30 p.m. until 11 00 p.m.: David and Laurie Schachtner are requesting the closure of the east end of Crystal Trail at its intersection with Glenbrook Trail in the Trails of Winding Creek Subdivision. Copies of the requests and PIQ maps are attached for your edification. /kmk JUL-13-2006 13:17 FROM:DUREX 8476392199 TO:18153632128 P:1/1 Fax # 81 5-363.2128 Attn: MCHenry City Counsel To: McHenry City Counsel :133 S.Grccn Street McHonry, 1160050 Fax#815.363-2128 From; [ton Bielski 1719 Jennifer McHmiry, II 60050 Phone Hume 11 815-344-9343 Work t/847-462-2681 Date: 7/13/06 Re: Approval for block party We are asking for approval to have a block party on Saturday August 26th,2006, We will need to close oil' the intersections ol'Jonniler and Prestwick and Jennifer and Orleans in the Mill Creek subdivision. We would like to have these closed off from 12:00 PM to 11:39 PM. If possible,we would really appreciate if the fire department could%top by.This is our 141h block pmiy and they have always been a big part of the day.They arc,of course invited to join us for dinner(about 3,30),Please advise al your convenience that you have received this request and upon review,the outcome of this request. Regards, Ron Bielski ry'ii�slsEtYi y:'+ V i'rjy;S3::::�iE::::Ei'4"••ts:::; 0{ . i:::ji{:fY3L.�•:::4t�..'::•y:,:;.ij•ji,:•. !Y�r•,: "•'.114 '+ �i!i'v{i w��scu'•fiu4wu»ji:^ ..:.Y-... Rii k^lieiS'•:�tii�sis4:4-;� ''"�skp';t. al'" , s'•'ii�ifiS•k:{iS::.:r:..-::w.�:i i:.......... ., ock Pa 30 iEAZ ffl tt••^•,-•'•'.'»�.t g-I'g�'f-•'tii::::j:_:...... �.j.::::jt.•t' n,4. .w. ,` ,.., .�. 1•:.y(i:t_;.......I~.. .::4'�;{: .r: .....-::..^....t...r:....:...K.:��::�Si....j%;:ty.ly{..:; ':^;«:��1•::1:.w::..:yy j•:....... ijtj... N,_aln . - ,i4. .•` .. :.3�j:i:��•-.ji..�x;j:i...._:. _ - -:::i ::. 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" LANE ;w. r ,. ." •^i't'''= r�l\v �. �Gp u I•: ..MICRACKEN ALDEN +TERRACE KELTERS QO + •KANE KANE `SIT al.....J� P INC. ESTATES oS J EDGE RE RRMOOKIP OAK AV OAK AV (TRADE Sch • �} G P / ,:.,.rh:., `:,. GOLFVIEW RD 4 QO �P LILLIAN ST GROVE AV i`..�'•..�...",,,.... ;.. ti �4. .. �� CREEK 35 `•,,;'sic N ::� ' ..�. JUL-23-2004 16:29 From: To:3632128 P.1/1 Block Party Permit Application Revisal W3105 Application subinitted by.jen(A P)woc-,r -, Street Address:__,Z D Date Submitted: Non. PI.F.A.U. SUBMIT YOUR APPLICATION TO TIM OFFI(:F.OF TIIF.CITY C'.TY..Rw AT LEAST 30 nAys PRIOR TO PROPOSED Mom PARTY Date of Block Party; rah 200_L_0 Hours of Proposed Street Closure: a.m/p.m. until i Subdivision Name: Specific Location ui'Proposed Street Closure( i.e. from what intersection to what intersection). eke,. sci c treet rTom _ to Contact Person(s):_ Contact Person(s)Address: - C)R T-)rInn�' Daytime Phone Number: Qa!;vening Phone Number: Sa yyi p --- ---------------------------------------------------------- •------- UPON CovipI.E rm,PLEASE SUBMI'1 IWIS APPI.IC'ATION TO.- OFFICE OF TIIE CITY CLERK 333 SOUTH GREEN STREET MC.H.CNRY 11.L 60050 UIZ PHONE.: 815-363-2105 OR FAx:815-363-2128 ORE-MAIL: kknnzer(aci.mchenry.il.us nFFICF YJtiF,ONLY �-Y---_----- COUNCIL Afo(o L ON: NCYFIF1CATION MAr)r TO: o MCI WNRY Poi,WF.DEPT. 0 MC:I EMY PUBLIC WORKS ADMIN D1 PT. n MCHENRY PUBLIC WORKS S'nuir"r DVN n MCHENRY TOWNSIIIP F'IRIi PIt(yl'HC 10N DISI'ItICT U ADMINISI'ItATION OFFICE. p AI'f'LICANl' .o• .. •^ _.• '.e •'.' °VALLEYVIEW OR•- K.• SCHOOL ` .a. 9• l �'� '.liA'�1EE•>a� - - - ., t:" ;:^ e;nitA �Riftt�� '� ' e:ram: o: .Q: � !o• •�a' 'i. 1.?��,c_: .Vt". t 'f`""': ��e:', ;>!,•.: ,:— T. BLACK 0 ;•': j �. :.t: ;:• o:: BULL / n RIDGE L�(� E(LS T—A 1 ° SUB �j L4 C JC +'��R�'� `� '''-' =s "` ." S.W. McHENRY°TW Pam. . OAK OR 30 OR GLACIER RIDGE 29 :•i,� ,` pt Z P� s 3 AMENA TR /c+Fcr q p fi + L O + f.. ,'..•. ° ,�,•• ° + 4 ` Asti RD Y`N OJIBIyA z rQ WOOD -•t �- �' -� 4'�' :,;' .1 d sv CREEK CAMORE LN RD 1- • . 1 _ °C I I BURNING TREE SUB- DR BRING TREE I I p TR d OAK ROUND .UP BURNING J BURNING TREE CIR RIDGE ESTATES co). w F 1 DEERWOOD O SUB f fi �Q z a SHAMROCK FA M 2 w w e4 3 3 °G 32 31 H iE DEERWOOD TR p RE 7 OAK OR O WHITE OAK RIDGE � v o SHAMROCK FARM F PRELIMINARY + + (D O - O_ T RD IN[ "AL 9 eoQ� 6•n1 TT T TT Tlk T771 - Mon Jul 24 17:56:40 2006 015-344-5431 P. 1 Laurie/David Schachtner 4712 Crystal Trail McHenry, IL 60050 H- 815.344.5431 W- 847.695.3200 x 5418 July 24, 2006 City Clerk of McHenry, We would like to request that the east end of Crystal Trail be blocked off the purpose of our annual (121h!) block party on August 26th, 2006. It will be from 4:30 pm until 11:00 pm. Could you please also have the fire truck come and do a demo for the kids that afternoon? Thank you for your help in this matter. Laurie Schachtner Fax to 363.2128 s 1 0 BA 4600 4700 RWOQ OR G 4300 4400 43 ,4 200 4100 �e � � Y N — - .311011:1137 11 0SEc TR D 400 0 3606 Ar � _ ff $OQ -., r �✓ a: PAQ' 00 RTC oy pVE R / P�Q 30 41y G� `T NO / 40 RIVERWOOD v oa r 4 m WENRY ELEM. SCHOOL , 4 00 �'O LARKI T 1 / GLENBROOK o :. I NORTH u KRESSWO I # BROOKWOOD COLONIAL FUNERAL p �: r ! ` HOME o ( m f I souTHo KREss W000 Now BULL I VALLEY W p CNAR�E R. MILLI 9, 3 NOMg W C{ BULL VALLEY vi i g a HEALTH • �^ NICOLINOS ME A C N CARE ELIEN AV REST. ER pR W 0 8T. TRI 0c CENTEG RA EMEEMERGENCYCEMM CEMETERY GLS CORP N.LM.0 $ RIDGE VIEW DDAYCARE DORCMESTER dL m J PEBBLE CREEK . INLAND 4 PROFESSIONAL CL E 0 BUSINESS v PLAZA DR ESTMINSTER P 0� PARK = IRISH PRAIRIE GENEVA PL C PITAI MANORS SHAMROCK LN PEBBLE 3 VINE 5 o D CREEK W BRtGHTON PL GARY a ■` o %ANG o_ 80 MEDELA , BISCAYNE Oa CT FOLLETT t- o LIBRARY a Hwy\ NE N UN DA TWP N � �N YPRESS INC. MCHENRY BRAKECORP CHRO m CORPORATE " DAYTON FOR CENTER FOLL ARTS PIONEERR F- TaE- SU8 m SOFT TONYAN CENTE LENOD ~ o WARE 'INDUSTRIAL C � RIDGE MELEC. ¢ VIEW M ELA 00' INC. PARK 'ELEC. INC. MA$JCOIL p A K AY 0� z tu 1 PRIME B8H ALBANY SPRING S 1 JAFRATE � p RAE IND, DURA 0 COMP. 1 PAPS =WAX , LOGISTICS MEDCOR FOODS ZOADWAY POLyy��,�EERR FABRIR I� _ COLOR INC. i T HIPON g o HI POINT W D . EBARS 6 STEEL SUB W CO. j 4- t t + 0o u � N + -4- O 0 0 C L. -L 1 + +- -L + * 1 t r t 4- -4 o cli N -4. O O N N + 4 t t REGULAR MEETING JULY 10, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 10, 2006 in. the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, and Peterson. Absent: Condon. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Chief of Police O'Meara, City Clerk. Jones, Assistant Administrator Martin, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel. Absent: Community Relations Management Assistant Hobson. RESOLUTION HONORING RETIRING LANDMARK COMMISSION CHAIRMAN GREG LOFGREN Mayor Low noted with regret the retirement of Greg Lofgren from the City's Landmark Commission. She noted it is a bittersweet departure. Mayor Low stated Mr. Lofgren's service to the community is appreciated and she wished to publicly thank him for his efforts. Mayor Low read into the record a resolution acknowledging Mr. Lofgren's contributions in his capacity as a Landmark Commissioner and Chairman. Mr. Lofgren thanked Council; Staff and Landmark Commission members for their participation. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. PUBLIC HEARING: 1) COMPLY WITH BOND ISSUANCE NOTIFICATION ACT FOR ISSUANCE OF GENERAL OBLIGATION BONDS FOR MCHENRY RNERWALK PHASE 1 2) APPROVE ORDINANCE AUTHORIZING ISSUANCE OF $3 0 MILLION IN GENERAL OBLIGATION BONDS: 3) APPROVE REIMBURSEMENT RESOLUTION TO ALLOW REPAYMENT OF RIVERWALK CONSTRUCTION COSTS FROM BOND PROCEEDS City Administrator Maxeiner stated it is the City's intent to issue General Obligation Bonds for reimbursement of construction costs for Riverwalk Phase 1. To accomplish this a Public Hearing must be held to announce the City's intent. Following the Public Hearing the City must pass an ordinance authorizing the issuance of the.bonds. The City will then publish the ordinance and notice of intent to issue the general obligation bonds. City Administrator Maxeiner noted the City must also pass a reimbursement resolution which allows the City to use bond proceeds for any "hard costs" paid for Riverwalk Phase I within the 60 days prior to approval of the bond ordinance. City Administrator Maxeiner stated the Tax. Increment Financing (TIF) District proceeds are currently adequate to make the bond payments. There is no intent on the part of the City to increase property taxes. Mayor low opened a -Public Hearing at 7:40 p.m. to consider the issuance of July 10, 2006 Page 2 General Obligation Bonds for McHenry Riverwalk Phase 1. Alderman Murgatroyd noted Council waited until funding was in place to finance the Riverwalk. He opined this is a conservative approach and deems this a positive investment in McHenry`s future. Mayor Low opened the floor to public comment. James Lewis of 1510 Millstream Drive inquired when Council decided to go into the land consumption business. He wondered where the money is coming from and suggested the money could be better utilized for education.purposes. City Administrator Maxeiner explained the Medical Arts Building was purchased as a component of the first phase of the Riverwalk. Upon the property's redevelopment it will stimulate property values within the TIF District and ultimately increase property tax revenues for all taxing districts in the area. The Riviera Marina was originally purchased to allow for the expansion of the Central Wastewater Treatment Plant. Since that time, the City has learned it would be more beneficial to expand the South Wastewater Treatment Plant and ultimately abandon the Central Plant The Marina site/Central Plant will be redeveloped following consolidation of the two treatment plants. City Administrator Maxeiner stated with regard to education issues, the school districts provided their blessing to move forward with the TIF District as a strategy that would ultimately increase property values in the area. Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:49 p.m. Voting Aye: $anti, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Motion by Murgatroyd, seconded by Peterson, to pass and approve an ordinance authorizing the issuance of $3.0 million in General Obligation Bonds (Alternate Revenue Source). Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Motion by Santi, seconded by Schaefer, to pass and approve a reimbursement .resolution to allow the repayment of Riverwalk Construction Costs from bond proceeds for the 60 days prior to the approval of the Bond Ordinance. July 10, 2006 Page 3 Voting.Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Absent: Condon. Motion carried. CONSENT AGENDA Alderman Glab requested that a sign be placed at the easternmost intersection of Olds Mill Lane and- Boone Creek Circle to alert the public of the closed street. City Administrator Maxeiner concurred. Alderman Glab requested clarification regarding the Larkin Lane Block Party. Mayor Low stated the request is to block off the Larkin Lane cul-de-sac and not the entire street. Alderman Glab expressed concern regarding parking issues for this block party. City Administrator Maxeirner stated Staff will ensure that parking concerns are properly addressed. Alderman Santi stated he is glad the City is purchasing the squad cars locally. Motion by Wimmer., seconded by ,Santi, to approve the Consent Agenda as presented: A. Approve final pay request for Riverwalk Project - VOA & Associates in the amount of$72,850.06; B. Approve. request to advertise for bids for Whispering Oaks Walking Path Improvements; G. Approve request to advertise for Bids for purchase of Street Sweeper, D. Approve request to purchase five police vehicles from Buss Ford in the amount of$98,250 E. Approve Block Party requests as follows: Patti Preston, Knox Fans Subdivision -July 29, 2006; Steve Pool, Olds Mill Ponds Subdivision -August 19, 2006; Craig Adams, Whispering Oaks Subdivision - September 17, 2006; D. Approve special use/picnic permit requests; E. Approve.City Council Minutes: June 12, 2006 regularly scheduled meeting; June 19, 2006 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. REQUEST FOR FENCE VARIANCE AT 4909 HOME AVENUE ------Director,_Director,-of-Commuaity-Dwelopment---Napolitano--reported-a—reques"d_beer-- _ received from Jeffrey Lindaur of 4909 Home Avenue. Mr. Lindaur is seeking a variance to July 10, 2006 Page 4 allow a four foot high chain link fence along his Commercial Avenue property line. Director Napolitano stated the subject.property is a double frontage lot, with frontage on both Home Avenue and Commercial Avenue. The construction of the fence would provide yard enclosure for Mr. Lindaur's children and dogs. Director Napolitano stated Staff supports the request for variance. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation.to grant a Variance for the property located at 4909 Home Avenue, to allow the construction of a four foot high chain link fence along the Commercial Avenue property line. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. AMENDMENT TO CONDITIONAL USE PERMIT FOR EXPANSION OF MULLIGAN'S SALOON -2616 SCHAID COURT . Director Napolitano stated Mulligan's Saloon.proprietor Les Lunsmann is seeking to expand his business located at 2616 Schaid Court. Mr. Lunsmann, who is in attendance at tt�e meeting, is seeking to expand his conditional use permit to allow for the expansion of his restaurant into the adjacent space in the strip mall. Mr. Lunsmann intends to create a smoke-free'dining area. Director Napolitano noted Staff has no concerns with the proposed expansion. The new restaurant space would require 30 parking spaces (25 per 1,000 net sf) and the shopping center has enough spaces to meet this requirement. Staff recommends approval of an ordinance granting the requested expansion to the conditional use permit. Alderman Peterson stated he is pleased the business is doing well and,needs to expand, and likes the fact that a non-smoking area is being added. Aldermen Santi and Schaefer concurred. Alderman Glab requested clarification regarding the use. Director Napolitano responded the ordinance specifies the expansion has to be related to the existing restaurant use. Responding to Alderman Murgatroyd's inquiry, Director Napolitano stated the shopping center use requires a total of 135 parking spaces at this time. He indicated there are 155 total spaces available. Motion by Peterson, seconded by Schaefer, to accept Staffs recommendation to pass and approve an ordinance granting an expansion to the conditional use permit granted to Mulligan's Saloon located at 2616 Schaid Court, and thereby allowing - restatmrti1�o�tfite-adjatmnt rr - ' err ----- w� . . -thy--- July 10, 2006 Page 5 Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay. Glab. Absent: Condon. Motion carried. AMENDMENT TO MUNICIPAL CODE CHAPTER 12 LICENSES AND PERMITS AND CHAPTER 30, ADULT USES Assistant Administrator Martin stated an applicant recently requested a permit to allow the sale of potentially adult-oriented materials at a location within the City. It was noted by Staff the adult use ordinance requires clarification to ensure that a business which. deals in any type of adult-oriented sales/services must file an application for an adult business license with the City. Assistant Administrator Martin noted the ordinance under consideration provides the needed clarification and includes a Statement of Business Application for Adult Business License for all businesses providing this type of services in the City. Assistant Administrator Martin noted all existing businesses which fall into this category will be required to complete the Application and file it with the City by September 1, 2006. Attorney McArdle suggested the Item (4) of the Application be edited to require "one clear photograph",*as opposed to "two portrait photographs". Alderman Murgatroyd inquired how this ordinance can be enforced. Assistant Administrator Martin responded.the normal enforcement process would be followed. Attorney McArdle noted further editing of the ordinance and/or application may occur. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to pass and approve an ordinance amending the City's Municipal Code in Chapter 12, Licenses and Permits, and Chapter 30, Adult Uses as stated. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay. None. Absent: Condon. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR JAVA JO'Z COFFEE. MCHENRY PLAZA SHOPPING CENTER Director Napolitano stated an application from Java Jo'z was submitted to construct a coffee kiosk in the McHenry Plaza Shopping Center. The request requires a conditional use permit for a drive-thru establishment and a variance to allow multiple buildings on a zoning lot. Director Napolitano noted the Planning and Zoning Commission considered this Pam- ...._ . 1drT1 � 1 � o0slq�-�rn ft h-ded-. . . AM- approval. July 10, 2006 Page 6. Responding to Alderman Santi's inquiry, Director Napolitano stated patrons would be able to walk up to the facility or ride a bike to obtain service on the south side of the building. In addition, there would be a handicapped accessible ramp in place. Alderman Glab expressed concerns regarding ingress/egress, particularly for patrons going south in the lot. Alderman Murgatroyd requested clarification regarding the placement of the kiosk in the parking lot. Director Napolitano responded the kiosk would be located approximately 60-70 feet south of the sign at the shopping center entrance. Motion by Peterson, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to approve an ordinance granting the following for Java Jo'z in McHenry Plaza Shopping Center • Conditional Use Permit for a drive-thru establishment; • Variance to allow multiple buildings on a zoning lot to permit a coffee kiosk on the premises. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Absent: Condon. Motion carried. FINAL PLAT OF SUBDIVISION AND VARIANCES FOR LEGEND LAKES NEIGHBORHOOD NO. 1 Mayor Low.stated, at the request of the applicant, the consideration of the Final Plat of Subdivision and Variances for Legend Lakes Neighborhood No. 1 was pulled from this evening's agenda and will be considered at a future meeting. ORDINANCE PROPOSING ESTABLISHMENT OF BACKUP SPECIAL SERVICE AREA FOR THE OAKS AT IRISH PRAIRIE SUBDPASION Director Napolitano stated the Annexation Agreement for the Oaks at Irish Prairie Subdivision requires the establishment of a Backup Special Service Area to provide for maintenance of common areas, fencing and landscaping within the subdivision. The first step in initiating this process is passing an ordinance announcing the City's intent to establish the Special Service Area. Director Napolitano noted once the ordinance is passed,a public hearing must be held within 60 days. The public hearing is scheduled for September 6, 2006. Director Napolitano noted Staff supports the approval of the ordinance proposing the establishment of the Backup Special Service Area for the Oaks at Irish Prairie Subdivision. Motion by Murgatroyd, seconded by Wimmer, to accept StafFs recommendation to pass and approve an ordinance proposing the establishment of a Backup Special Service T" pFea-forth# Oaks tjMs'h Prairie Subdivision and esfab1ishing- as dafe of S"epfbembee S, 2005 for a Public Hearing for this matter. July 10, 2006 Page 7 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. APPROVE PURCHASE OF POLICE DEPARTMENT RECORDS MANAGEMENT SYSTEM FOR A TOTAL COST NOT-TO-EXCEED $45 000 Assistant Administrator Martin reported the City's existing contract for Police Department Computer Aided Dispatch (CAD), Record Management Services (RMS) and Mobile Systems expired on May 15, 2006. The original provider of these services, NEC Solutions is no longer able to provide these services. These three systems are no longer supported by any of the companies which originally developed them. Assistant Administrator Martin stated following extensive investigation and evaluation of possible solutions to this problem, Staff has determined the best solution, both technologically and cost effectively, is a system supplied by Cushing Technologies of Cushing Maine. The package includes CAD, RMS, and Mobile System applications. The software would also interface with the State of Illinois, CrossMatch Live Scan System, firehouse software, E-911 telephone, equipment, and the Police Department's property/evidence software. Assistant Administrator Martin noted there are no special computer needs required to operate the Cushing System. Assistant Administrator Martin stated the total cost for the Cushing System is $45,000 which includes the data conversion. Due to the proposed payment schedule which requires payment of$15,000 in the 2006-2007 Fiscal Year, no amendment to the approved budget is required. The balance of the cost would be paid in Fiscal Year 2001-2008. Chief of Police O'Meara explained he is aware of one police department in Lake County which utilizes this system. He is unaware of any McHenry County departments utilizing the system. Responding to Alderman Murgatroyd's inquiry, Chief O'Meara stated the Cushing System demonstration for local agencies and dispatchers was very impressive. Mayor Low reported Fire Chief Amore indicated his support for the Cushing System. City Administrator Maxeiner stated this software allows the City to move forward without significant problems. Responding to an inquiry, Chief O'Meara stated the software would be implemented within approximately sixty days. There would be no disruption of service during the installation. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to approve the purchase of the Cushing Technologies software and associated data conversion for a total cost not-to-exceed $45,000, with $15,000 due the current fiscal year - d"$3'0, 0—dw1 -tt°Lr72007-2MT1"yew with no interest ric7rred July 10, 2006 Page 8 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. AMENDMENT TO ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION OF WATER TREATMENT PLANT NO 1 - BAXTER AND WOODMAN, IN THE AMOUNT OF $66,000 Director of Public Works Marcinko stated Council approved an Engineering Services Agreement with Baxter & Woodman on September 8, 2004 for construction observation services regarding the Water Plant #1 improvements in the amount of $166,000. The original completion date for the improvements as specified in the contract was November 17, 2005. Due to issues with the contractor, Baxter & Woodman has been required to spend more time and effort on this project Director Marcinko noted to date their expenditures exceed the original amount by $53,241.60. Staff expects additional expenses to be incurred prior to final completion. Director Marcinko stated Staff is therefore recommending approval of a change order to the original agreement in the amount of $65,000. Director Marcinko noted all additional expenses. are. recoverable through liquidated damages from the contractor. Motion by Peterson, seconded by Schaefer, to accept Staffs recommendation to approve a change order in the amount of $65,000 to the Baxter & Woodman Engineering Services Agreement for construction observation of Water Treatment Plant No. 1. Voting Aye: Santi, Glab, Schaefer,. Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon: Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low thanked the McHenry Jaycees for their Jaycees Day event on July 1", including the great fireworks display. Mayor Low announced Fiesta Days begins this weekend. This annual event causes a burden on City Staff and she expressed her gratitude to them in advance for their work during the ten-day celebration. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner requested Council consider a Joint Finance and Personnel/Public Works Committee Meeting be scheduled for Monday, July 31, 2006 at 6:30 p.m. He requested committee members check their calendar. Alderman. Schaefer noted he would be unavailable on that date. City Administrator Maxeiner announced the Medical Arts Building has been July 10, 2006 Page 9 demolished and the site has been cleared. FUTURE AGENDA ITEMS Alderman Glab stated he was very impressed by this year's fireworks display. He noted the event was well-attended and well-organized. Alderman Glab expressed concerns regarding the way the show is growing. He suggested Staff might want to research this issue for the future. EXECUTIVE SESSION: PERSONNEL Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss Personnel at 8:31 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carved. Council went into Executive Session at 8:43 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:51 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Council went back into Open Session at 8:52 p.m. OPEN SESSION Motion by Murgatroyd, seconded by Wimmer, to authorize Staff to extend an offer to Christopher Black for the position of Finance Director, Grade 25, Step 6, at an annual salary of $87,000, subject to satisfactory completion of a drug test and physical exam, with a start date of August 7, 2006. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:53 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion named. The Meeting was adjourned at 8:53 p.m. MAYOR CITY CLERK REGULAR MEETING JULY 17, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 17, 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, City Attorney Fetzner, Chief of Police O'Meara, City Clerk Jones, Assistant Administrator Martin, Director of Public Works Marcinko, Director of Community Development Napolitano, Community Relations Management Assistant Hobson. Absent: City Attorney McArdle, Director of Parks and Recreation Merkel. Mayor Low informed those in attendance of the "Look at Me photo series currently being displayed in the Municipal Center atrium. Mayor Low encouraged everyone to look at the photos. The "Look at Me" Project taught children about the use of photography equipment, matting photos and other associated skills. RESOLUTION HONORING CHRISTIE MOORE, RETIRING PROJECT DIRECTOR FOR THE GARDEN QUARTER NEIGHBORHOOD RESOURCE CENTER Mayor Low stated it is with bittersweet and mixed feelings the City bids farewell to Christie Moore, the first Project Director of the Garden Quarter Neighborhood Resource Center. Mayor Low acknowledged Ms. Moore has assisted local residents in overcoming cultural barriers. Mayor Low read into the permanent record of these proceedings a resolution honoring Christie Moore for her numerous accomplishments and contributions to the community. Motion by Condon, seconded by Murgatroyd, to pass and approve a resolution recognizing Christie Moore as retiring Project Director of the Garden Quarter Neighborhood Resource Center. Voting Aye: Santi, Gab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting. Nay:. None. Absent: None. Motion carried. Alderman Condon stated Ms. Moore's will be remembered for many years to come as a result of her efforts at the Resource Center. Alderman Peterson concurred. Alderman Murgatroyd noted Ms. Moore has put forth a tremendous effort and has been a positive influence in the community as a whole. He stated she leaves a wonderful legacy. . Mr. Carlos Acosta, Executive Director of the McHenry County Latino Coalition, introduced Megan Sullivan, the new Project Director for the Resource Center, and Assistant Miguel Anelas. Ms. Moore recognized the support of volunteers in assisting with her efforts. She July 17, 2006 Page 2 opined McHenry is an embracing community. She has greatly appreciated all of the support and noted it has made her job much easier. TEN MINUTE PUBLIC INPUT SESSION No one 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. Approve purchase of Public Works Sewer Division Dump Truck and.Accessories in the amount of$96,794; B. Approve picnic permits; G. Approve list of As-Needed Checks: AMC 2,230.96 ALEXANDER, CHRIS 270.00 ,ARCH 10.00 BANKCARD SERVICES 962.43 BENEFIT SYSTEMS 6 SERVIC 48,475.44 COUNTY CLERKS OFFICE 40.00 CUSTOM LANDSCAPING 18,949.29 FOP UNITS I/II 1,938.00 ILLINOIS DEPARTMENT OF P 536.00 LEONARD, KATHLEEN 44.00 MCH COUNTY DEPT OF HEALT 115.00 MCPOA 717.60 MISS MCHENRY COUNTY CONT 75.00 MONSTER GOLF 600.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 335.00 NEXTEL COMMUNICATIONS 2,504.19 PERE MARQUETTE HOTEL 88.90 POSTMASTER MCHENRY IL 1,107.25 RESERVE ACCOUNT 285.00 RIDINGS INC, BOB 16,535.00 RODRIGUEZ, CHERYL 175.00 RONALD COMBS 1,000.00 SAM'S CLUB 1,058.21 SBC LONG DISTANCE 53.06 SCHWALENBERG, RYAN 72.80 SECRETARY OF STATE 75.00 SECRETARY OF STATE/INDEX 10.00 SIX FLAGS GREAT AMERICA 1,589.00 STAPLES BUSINESS ADVANTA 209.99 UNITED PARCEL SERVICE 188.82 UNITED STATES LIFE INSUR 1,258.20 UNITED WAY OF MCHENRY CO 63.00 VELEZ, JENNIFER L 732.00 WALMART COMMUNITY 670.07 GRAND TOTALS 103,098.04 FUND TOTALS GENERAL FUND 55,954.49 PAGEANT FUND 345.00 DEVELOPER DONATION FUND 18,949.29 WATER/SEWER FUND 4,005.69 EMPLOYEE INSURANCE FUND 23,494.02 INFORMATION TECHNOLOGY FUND 349.55 TOTALS 103,098.04 D. Approve List of Bills: A W TOOL SALES INC 542.23 A-YARD MATERIALS CO 165.00 AALTOJ BRIAN 30:85 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 3,559.89 July 17, 20W Page 3 ACME BRICK & SUPPLY CO 467.40 ADAMS ENTERPRISES INC, R 464.80 ADAMS OUTDOOR POWER EQUI 78.28 ADAMS STEEL SERVICE INC 700.65 AHREN, MALLORY 125.00 ALEXANDER CHEMICAL CORP 2,682.92 ALEXANDER EQUIPMENT COMP 241.48 ALEXANDER LUMBER CO 176.47 ALEXANDER, CHRIS 37.47 ALL FOAM PRODUCTS COMPAN 495.50 AMERICAN PLANNING ASSOCI 772.00 AMERICAN WATER WORKS ASS 96.50 ARAMARK WORK APPAREL & U 399.74 ARTEAGA, EDITH 400.00 AT&T 3,085.23 B&W CONTROL SYSTEMS INTE 8,996.78 BAKKE, BRITTANY 150.00 BASTIAN, THOMAS P 385.00 BAXTER & WOODMAN 9,341.60 BENTZ, DON 49.00 BLAST SHOP INC, THE 6,500.00 BONCOSKY OIL COMPANY 19,402.26 BOONE CREEK GOLF CLUB IN 760.00 BOTTS WELDING & TRUCK SE 200.26 BREMER, CURTIS H 300.00 BUSS FORD SALES 494.50 CALEA 262.90 CARQUEST AUTO PARTS STOR 706.73 CDW GOVERNMENT INC 1,929.41 CHANEY, SCOTT 240.00 CHEMICAL PUMP SALES AND 305.20 CHICAGO INTERNATIONAL TR 228.27 CINTAS CORPORATION #355 753.51 CLIFFORD-WALD . 77.69 CLOWNING AROUND ENTERTAI 23.00 COLE, MONAIL 65.00 COLUMBIA PIPE & SUPPLY C 205.42 COMED 50,904.03 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 173.61 CONSERV FS 961.01 COX, KEVIN 155.60 CRAFT CONCRETE PRODUCTS 1,607.00 CRESCENT ELECTRIC SUPPLY 481.37 CRYSTAL LAKE TIRE & 441.02 CRYSTAL MANOR STABLE 505.00 CURRAN CONTRACTING COMPA 1,758.42 D'ANGELO NATURAL SPRING 65.25 DECKER SUPPLY CO INC 1,331.75 DELISI, PHIL 72.00 DELL MARKETING LP 7,118.13 DILLON, JOHN 483.00 DK CONTRACTORS INC 230,957.98 DOMBROWSKI, JAMES 30.00 DURA WAX COMPANY INC, TH 34.25 ED'S RENTAL & SALES INC 496.75 EDER CASELLA & CO 10,000.00 EISERMAN, JERRY 115.64 EJ EQUIPMENT 483.76 ENVIRONMENTAL RESOURCE A 173.67 ENVIRONMENTAL RESOURCES 495.00 FAST EDDIES CAR WASH 16.90 FEDEX 17.69 FIORE COMPNAY INC, CHARL 483.75 FIRESIDE, THE 50.00 FISCHER BROS FRESH 1,926.64 FOTO FAST 7.25 FOX VALLEY CHEMICAL CO 460.80 FOXCROFT MEADOWS INC 606.88 FRANKLIN, JAMES B 480.00 G IMPRESSIONS INC 479.60 GALLAGHER RISK MANAGEMEN 29.00 GALLS INCORPORATED 122.98 GARRELTS & SONS INC 188.40 GITZKE, WILLIAM 388.10' GLACIER OAKS NURSERY 600.06 GLICK, DEBORAH A 36.21 July 17, 2006 Page 4 GOLD MEDAL PRODUCTS 821.70 GREAT LAKES FIRE & SAFET 14.95 GROUP SALES UNLIMITED 300.00 GROVE, JOHN 45.00 GROWER EQUIPMENT & SUPPL 439.56 GUASTA, SAMANTHA 75.00 HACH COMPANY 3,818.20 HALOGEN SUPPLY COMPANY 83.94 HARM'S FARM 1,699.87 HAYDEN LANDSCAPING & MAI 11,585.00 HEIM, DARLENE 35.00 HEUER, DAVID 317.50 HOHOL, JOHN 70.00 HP SHOOTING CENTER INC 394.79 HUBER, KELLY 125.00 HUGHES & SON 30.00 HUSTLER SPORT CENTER 89.96 ICC 23.50 ILLINOIS AUDIO PRODUCTIO 198.00 ILLINOIS CRIME PREVENTIO 50.00 ILLINOIS EPA 32,000.00 ILLINOIS FBI NA 40.00 ILLINOIS RURAL WATER 37.00 INNOVATIVE PACKAGING INC 8,847.56 INTERNATIONAL TIRE & TUB 127.52 INTOXIMETERS 142.10 IPAC 50.00 J G UNIFORMS INC 472.61 JOEY T'S CAFE ITALIANO 493.61 JOHNSBURG BOWL 390.00 JULIE INC 506.80 KALE UNIFORMS INC 1,888.75 KENO & SONS CONSTRUCTION 113,053.50 KIMBALL HILL HOMES 620.00 KIMBALL MIDWEST 71.7.12 KOMLINE-SANDERSON ENGINE 139,392.00 KRATZ PLUMBING COMPANY 2,870.00 KRUMMET, BILL 20.58 KUNZER,. KATHLEEN 80.01 LAMBERT, FRAN 21.00 LASALLE BANK 608.11 LEACH ENTERPRISES INC 71.85 LEONARDI'S FOOD SPECIALT 2,447.75 LEUTNER, KIM 26.00 LIGHT FOR LIFE SIGN INC 1,015.38 LUNKENHEIMER, PATTIE 127.10 MAD SCIENCE OF MCHENRY C 228.00 MARYS FLOWERS & GIFTS 51.00 MAXEINER, DOUGLAS K 52.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 132.74 MCCARTHY, THOMAS M 753.34 MCH CTY MUNICIPAL RISK M 257,850-00 MCHENRY ANALYTICAL WATER 1,030.00 MCHENRY COMMUNITY HIGH S 187,044.75 MCHENRY COMMUNITY SCHOOL 340,296.25 MCHENRY COUNTY COUNCIL 0 114.00 MCHENRY COUNTY RECORDER 235.00 MCHENRY COUNTY SUPPLY IN 1,685.44 MCHENRY FAVORITE SPORT C 187.00 MCHENRY NAPA 600.73 MCHENRY POLICE PENSION F 110,257.94 MCHENRY PUBLIC LIBRARY 57,137.00 MCHENRY SCHOOLS TRANSPOR 847.69 MCHENRY SPECIALTIES 428.50 MCHENRY TOWNSHIP FIRE PR 59,203.00 MCKEEN, BRIAN J 14.33 MEADE ELECTRIC COMPANY I 390.16 MERKEL, PETE 268.10 MEYER JR, DONALD 528.00 MEYER MATERIAL COMPANY 778.90 MID AMERICAN WATER OF WA 658.00 MIDCO 1,980.00 . MIDWEST METER INC 508.01 MILINAC, VICTORIA 31+00 MINUTEMAN PRESS OF MCH 935.86 MOBILE -OFFICE DESIGNS IN 62.50 July 17, 2006 Page 5 MOHR, MAGGIE 80.00 MOORE, KEVIN 220.50 MORRIS, MATT 80.99 MULHALL, NICOLE 50.00 MUNICIPAL WELL & PUMP CO 39,703.60 NATIONAL BUSINESS FURNIT 593.00 NATIONAL RECREATION AND 367.00 NATIONAL WATERWORKS 2,055.00 NELSON, MICHAEL 317.50 NICOR GAS 780.32 NOOTENS, LYDIA 5.00 NORTH EAST MULTI-REGIONA 850.00 NORTH SUBURBAN WATER 30.00 NORTHWEST ELECTRICAL SUP 315.92 NORTHWEST HERALD 210.60 NORTHWEST NEWS GROUP OF 615.05 NOVARA AUTO GLASS 215.00 NWBOCA 45.00 OCCUPATIONAL FOOTWEAR CO 95.96 OFFICE DEPOT INC 602.69 ORIENTAL TRADING CO INC 53.60 OTTOSEN BRITZ KELLY COOP 2,184.00 PAPA SAVERIOS 143.98 PAPROCKI, KRISTINE 21.08 PARK & RECREATION SUPPLY 24.54 PAYLINE WEST INC 451.83 PAYTON, PAMELA 75.00 PECORARO, ALYSSA 50.00 PEPSI-COLA GENL BOT 3,193.85 PIONEER CENTER 30.00 PITNEY BOWES INC 1,440.00 PRATHER, PAUL 133.49 PRECISION SERVICE & PART 278.62 QUINLAN PUBLISHING CO IN 79.00 R & S DISTRIBUTORS INC 268.55 RADICOM INC 389.54 RAYCRAFT-PITEL SEPTIC IN 525.00 RELIABLE SAND & GRAVEL 1,851.20 RESERVE ACCOUNT 1,500.00 ROC CONSTRUCTION SUPPLY 283.66 RUSHING, RHONDA F LANG- 21.40 S&S WORLDWIDE INC 39.89 SAM'S CLUB 766.22 SANTI, JULIA 100.00 SCHATZ, DONALD L 195.00 SCHMITT, JON . 60.00 SETTLERS HILL RDF 11,784.66 SEXTON, ERIC M 35.17' SHARPE, TIMOTHY W 1,500.00 SHERMAN MECHANICAL INC. 2,978.00 SHERWIN INDUSTRIES INC 2,998.35 SIMPSON, KELLY 20.00 SMITH ENGINEERING CONSUL 35,713.34 SMITH, JUDY 62.50 SMULSKI, CANDY 56.37 SOLUTIONS WIRELESS 97.96 ST PAULS EPISCOPAL CHURC' 426.25 STANS OFFICE TECHNOLOGIE 1,572.93 STAPLES BUSINESS ADVANTA 528.55 SWINNEY, SARA 75.00 TATE-GEREBIZZA, SHIRLEY 30.00 TAYLOR STREET PIZZA 260.00 TEMPLE INC, GUY E 1,556.82 THERMO ELECTRON CORPORAT 289.00 THINK INK INC 1,810.82 THOMAS TRUCKING INC, KEN 690.00 THOMPSON ELEVATOR INSPEC 725.00 TOBIN, TRACY 128.70 TOPS IN DOG TRAINING COR 200.00 TORKELSON, SCOTT 24.00 TRAFFIC CONTROL & PROTEC 3,120.58 UHL, STEPHEN 350.00 ULTRA STROBE COMMUNICAIT 338.00 ` UNITED CANVAS & AWNING I 80.00 UNITED LABORATORIES 811.59 UNITED STATES POSTAL SER 75.00 USA BLUEBOOK 1,134.00 July 17, 20M Page 6 VELEZ, JENNIFER L 824.50 VIKING CHEMICAL COMPANY 6,810.30 VILLAGE SQUIRE 30.00 VIRGILS, LAURA L 39.32 VOEGTLE, CLAYTON P 15,953.15 WAREHOUSE DIRECT 262.78 WATER PRODUCTS - AURORA 33.68 WATER SOLUTIONS UNLIMITE 2,860.00 WATSON, SARA 600.00 WEST GROUP PAYMENT CENTE 142.00 WHOLESALE DIRECT INC 80.56 WIGMAN, GARY R 166.49 WILLIAMS ELECTRIC SERVIC 2,215.60 WILSON RACQUET SPORTS US 19.55 WIRTZ, PAT 73.50 WOODSTOCK AUTO PARS 395.70 ZARNOTH BRUSH WORKS INC 139.00 ZEP MANUFACTURING COMPAN 391.19 ZMT INC 94.00 2UKOWSKI ROGERS FLOOD & 2,850.00 GRAND TOTALS 1,902,945.37 FUND TOTALS GENERAL FUND 294,490.23 PAGEANT FUND 2,330.45 AUDIT EXPENSE FUND 10,000.00 ANNEXATION FUND 36,190.00 DEVELOPER DONATION FUND 838,268.98 TIF FUND 1,050.01 CAPITAL IMPROVEMENTS FUND 497.50 WATER/SEWER FUND 115,453.91 UTILITY IMPROVEMENTS FUND 321,265.19 RISK MANAGEMENT FUND 260,119.00 INFORMATION TECHNOLOGY FUND 10,431.45 RETAINED PERSONNEL ESCROW 9,940.54 POLICE PENSION FUND 2,108.11 TOTALS 1,902,945.37 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE AT 811 CAROL AVENUE .Director of Community Development Napolitano stated Bruce Honniball, property owner of 811 Carol Avenue, has requested a variance to allow installation of a six-foot high wooden privacy fence along Beach Drive. Director Napolitano stated the residence is situated on a comer lot. Placement of such a fence is not permitted within the comer side yard setback. Director Napolitano noted the variance would allow enclosure of the rear portion of the applicant's lot and would provide a barrier for a swimming pool as well. Director Napolitano stated Staff supports the request. Motion by Wimmer, seconded by Peterson, to accept Staffs recommendation to grant a variance to allow the installation of a six-foot high wooden privacy fence along Beach Drive on the property located at 811 Carol Avenue. Alderman Murgatroyd noted the letter of request indicated the fence would be four feet high. Mr. Honniball, who was in attendance, verified the fence would be four feet high. He clarified he is not putting a pool in the yard; he intends to place a hot tub in the rear yard. July 17, 2006 Page 7 Aldermen Wimmer and Peterson agreed to amend their motion to reflect the installation of a four-foot high wooden privacy fence. Motion by Wimmer, seconded by Peterson, to accept Staffs recommendation to grant a variance to allow the installation of a four-foot high wooden privacy fence along Beach Drive on the property located at 811 Carol Avenue. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AMENDMENT TO HONORARY STREET SIGN POLICY Assistant Administrator Martin reminded Council an Honorary Street Sign Program was adopted last November. The program is a means for family and friends to honor someone who has made a significant contribution to the community. To date there have been two honorary streets designated following the priteria approved by Council. Recently the City has received a request from Sandy Barcus seeking an honorary street designation in remembrance of her son, Collier, who served and was killed in Iraq in 2004. Assistant Administrator Martin noted while the request does not meet all of the criteria for honorary street sign designation, Staff believes this is a bona fide request. Ms. Barcus is seeking dedication of the comer of Green Street and John Street in Collier's memory. In order to accommodate Ms. Barcus's request, an amendment to the approval criteria for the Honorary Street Naming Policy must be granted. Assistant Administrator Martin noted the proposed change deletes the previous criteria (clearly proven relationship, by Plat of Subdivision, Plat of Dedication, Deed or other form of legal correlation of applicant to the street/area in question) and adds the following: Clearly defined community or public contribution made by the honoree. Assistant Administrator Martin stated the approval criteria would then read as follows: 1. Historical and/or cultural influence of the applicant on the City. 2. Proof of significant lineage to the City. 3. Glear geographical relationship of street to the area of interest of the applicant: 4. Known to be of good moral character. 5. Clearly defined community or public contribution made by the honoree. Alderman Condon opined the change in criteria is appropriate. Alderman Glab stated the Honorary Street Sign Program is a work in progress, with new policies and changes to be expected. Motion by Condon, seconded by Santi, to accept Staffs recommendation to amend the Approval Criteria for the Honorary Street Sign Program to read as follows: 1. Historical and/or cultural influence of the applicant on the City. July 17, 2006 Page 8 2. Proof of significant lineage to the City. 3. Clear geographical relationship of street to the area of interest of the applicant. 4. Known to be of good moral character. 5. Clearly defined community.or public contribution made by the honoree. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ADDITION OF A GARDEN TRACTOR PULLING CONTEST AND LIVE _ENTERTAINMENT-ANTIQUE TRACTOR SHOW, OCTOBER 14 AND 15, 2006 Community Relations Management Assistant Hobson noted Darick Franzen is requesting the addition of a garden tractor pulling contest to this year's Antique Tractor Show on October 14 and le. The Annual Tractor Show was previously approved by Council at its December 12, 2005 regularly scheduled meeting. Management Assistant Hobson noted Mr. Franzen is no longer seeking permission to have live entertainment at the event, which will again be held at the Petersen Farm property on the north side of McCullom Lake Road. Alderman Santi inquired if the applicant has made arrangements for audience seating for the tractor pull. Management Assistant Hobson responded bleachers will be provided. Alderman Glab inquired if the area will be sodded following the conclusion of the event. Management Assistant Hobson responded the area would be re-seeded by Mr. Franzen. Alderman Glab suggested if this becomes an annual event, a less expensive alternative to re-seeding or re-sodding should be sought. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve the request as submitted by Darick Franzen to hold a Garden Tractor Pulling Contest at the Antique Tractor Show scheduled for October 14, 2006 and October 15, 2006 at Petersen Farm. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay; None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 22, SWIMMING POOLS Director Napolitano explained the requirements for pools and hot tubs as found in Chapter 22 of the Municipal Code have been reviewed at length by the Community Development Committee and Staff. The result of the extensive deliberations is proposed modification to Chapter 22 Sections 22-1 and 22-2: 1. Adding definitions and thereby clarifying the difference between a July 17, 2006 Page 9 "permanent" swimming pool and a "temporary" swimming pool; 2. Exempting temporary pools from requiring a building permit. Director Napolitano stated Staff has created an Inflatable Pool Guidelines handout for distribution to the public. Alderman Schaefer opined the Committee did an excellent job in determining how best to amend the ordinance, particularly in light of the abundance of inflatable pools in the City. Alderman Murgatroyd inquired if there would be a fencing requirement for temporary pools. Director Napolitano responded, noting a search was done of surrounding communities regarding the fence issue. He stated there was no consistency among neighboring municipalities with regard to temporary pool barrier requirements. Alderman Murgatroyd stated the lack of requiring a fence is a safety issue which causes him concern. Alderman Peterson concurred with Alderman Murgatroyd. Alderman Peterson asked if the City would incur any liability by not requiring a fence for a temporary pool. He opined education of the public is the key to safety. City Attorney Fetzner stated education is important. It becomes a matter of taking the necessary steps to prevent accidents. Alderman Condon stated enforcement issues would be difficult regarding inflatable pools. The Committee thought the amendments before Council for consideration this evening would be the best way to address this matter. Alderman Glab stated he would feel better if even a temporary pool had limited access. He suggested language be added to address safety concerns. Alderman Glab stated he supports passage of the ordinance tonight but would like to further discuss the issue at the Committee level. Motion by Schaefer, seconded by wmmer, to accept the recommendation of the Community Development Committee to pass and approve an ordinance amending Chapter 22 of the Municipal Code Sections 22-1 and 22-2, regarding the definitions of"permanent" swimming pools and "temporary" swimming pools, and exempting temporary pools from requiring a building permit. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. APPROVE ORDINANCE GRANTING TEXT AMENDMENT TO MCHENRY ZONING ORDINANCE CHAPTER X TO INCLUDE WIRELESS COMMUNICATION FACILITIES Director Napolitano reported the Community Development Committee recommended the implementation of requirements for wireless communication facilities in the City's Zoning Ordinance. At Council's direction this matter was presented for consideration to the Planning and Zoning Commission at a Public Hearing held on July 6, July 17, 2006 Page 10 2006. The Commission unanimously recommended approval of an amendment to the Zoning Ordinance providing for Wireless Communications Facility requirements. Director Napolitano noted the requirements address Wireless Communication Facilities as a permitted use on existing structures and as a conditional use on new structures when the Wireless Communication Facility is the primary use. Alderman Glab requested clarification regarding an "existing facility". Director Napolitano suggested Section 3 he changed to state as follows: "Wireless Communication Facilities, provided they are located on an existing building or structure, are subject to the regulations of Chapter 111, Section O herein." Motion by Murgatroyd, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a text amendment to the McHenry Zoning Ordinance Chapter X to include Wireless Communication Facilities, as amended, by changing.Section 3 therein to read as follows: "SECTION 3. That Group F: Permitted Uses in All Commercial Districts, of Table 7 of Chapter V, Commercial Districts, of the City of McHenry Zoning Ordinance, is hereby amended to include a new item which shall read as follows: "Wireless Communication Facilities, provided they are located on an existing building or structure, are subject to the regulations of Chapter III, Section O herein." Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent; None. Motion carried. APPROVE REQUEST FOR TEMPORARY USE PERMIT FOR SEASONAL LANDSCAPE WASTE TRANSFER FACILITY BY MARENGO DISPOSAL COMPANY AT MEYER MATERIAL GRAVEL PIT LOCATED AT 1819 DOT STREET Director Napolitano reported Marengo Disposal Company is requesting permission for a temporary use permit to allow a seasonal landscape waste transfer facility at the Meyer Material Gravel Pit located at 1819 Dot Street. Director Napolitano stated this is the third consecutive year Marengo Disposal has requested such a temporary use permit. In addition to Council granting the request for this season, Marengo Disposal is seeking a long-term request for the temporary use to enable them to forego annual Council approval. Since the Marengo Disposal scavenger service contract expires in 2012, Staff is recommending Marengo Disposal seek a conditional use permit to allow this temporary use on the premises on an annual basis with a term expiring 2012. Director Napolitano noted Marengo Disposal will proceed with the conditional use permitting application process prior to the request being made for the 2007 growing season. Alderman Schaefer inquired if inspections and currently being conducted while the temporary storage is in progress. Director Napolitano responded in the negative. He July 17, 2006 Page 11 ensured Council inspections can be done. Alderman Glab asked what Marengo Disposal will do when Meyer Material ceases to mine on the property. Director Napolitano responded Meyer Material is scheduled to mine the property until 2014 or 2015. He noted he will verify this information and provide Council with an update in this week's Friday Report. Motion by Schaefer, seconded by Peterson, to accept Staffs recommendation to allow a temporary use for a 2006 seasonal landscape waste transfer facility on the Meyer Material Gravel Pit located at 1819 Dot Street, subject to the following conditions: 1. A copy of the IEPA permit is furnished to the City and the site is inspected by City Staff prior to beginning operations and at the end of operations each season; 2. The permit will be valid only during the Spring/Fall landscape waste pick- up times in the City; 3. The applicant must come back to the City for annual renewal of the permit; 4. Any expansion of the site must be brought back before the City Council; and 5. Only landscape waste generated from the City of McHenry shall be accepted at the facility. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE PROPOSAL FOR INSTALLATION OF A NEW HVAC SYSTEM FOR IT DEPARTMENT- SHERMAN MECHANICAL, IN THE AMOUNT OF $11,240 Assistant Director of Public Works Fink reminded Council Staff is in the process of -creating an Information Technology (IT) Center in the shell storage space of the Municipal Building. Consolidation of the IT operations of the Police Department and Administration Department will free up needed space elsewhere in the Municipal Building. The creation of the consolidated IT room requires installation of a new HVAC system for this area. The proposed cost of installation is $11,240 as submitted by Sherman Mechanical. Assistant Director Fink noted Council, at its June 19, 2006 regularly scheduled meeting, awarded Sherman Mechanical a contract to provide improvements to the Municipal Building HVAC system in the amount of $38,020. Since Sherman Mechanical will be on site performing those improvements, Staff sought and received a proposal from them to provide the HVAC system for the new IT area while they are on the premises. The result was the proposal before Council this evening in the amount of$11,240. City Administrator Maxeiner responded to Alderman Glab`s inquiry noting $65,000 was budgeted for building maintenance. July 17, 2006 Page 12 4 Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve the proposed change order for Sherman Mechanical Inc, to allow for the installation of a new HVAC system for the IT room in the amount of$11,240. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reminded Council of this week's.Fiesta Days celebration and events. She noted the Parade Marshal reception is scheduled for Thursday at 5 p.m. The Parade will begin Sunday at 1:30 p.m. Mayor Low commended Staff on their efforts, assistance and participation is this year's Fiesta Days community-wide celebration. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon reminded Council of the Committee's scheduled meeting on Tuesday, July 18, 2006 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS Management Assistant Hobson estimated attendance for the Friday Night 38 Special Concert at Petersen Park at 5,000-6,000 attendees. He reported there were no incidents at the park. Management Assistant Hobson opined the high temperatures over the weekend contributed to the low attendance at Fiesta Days events on Saturday and Sunday. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Santi, seconded by Murgatroyd, to go into Executive Session to discuss Property Acquisition at 8:27 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:37 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:56 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. July 17, 2006 Page 13 Council went back into Open Session at 8:56 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:57 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:57 p.m. MAYOR CITY CLERK , a s , JAGENDA SUPPLEMEN To: Mayor and City Council From: Thomas J. O'Meara,Chief of Police For: July 31,2006 Regular Council Meeting Subject: Purchase of Fault Tolerant Server and Networked Storage Unit Recommendation: Waiver of bidding requirements for the purchase of a Fault Tolerant Server and Networked Storage Unit; and Approve purchase of a Fault Tolerant Server and Networked Storage Unit from CDW-G at a cost not-to-exceed$79,000.00. In October 1,2001,the police department installed three file servers which are now in need of replacement. Subsequently,a fourth server was installed due to the obsolescence of the existing equipment;however,the equipment has begun to experience component failures,which has caused down time for the users and poses some risk to the community. Replacement parts are no longer available from the manufacturer and are only available from salvage and used part dealers. Therefore,there is some difficulty involved with locating parts. Staff had planned to replace the old equipment with a new Fault Tolerant Server. Fault tolerant technology provides a system that virtually never needs to be shut down because all of the data is backed- up while in operation. In addition to the server,staff is proposing to add a Storage Attached Network or SAN to the configuration to provide file storage for the system. With standard servers, storage is provided by disk drives built into the server and usually can be accessed by that server only. Additionally,as these drives wear or become full they need to be replaced,which usually requires the server to be shut down and then reconfigured. The SAN unit allows for all storage to be done on the SAN and allows all the servers which are connected to access the data. Only two dealers sell this type of server and staff obtained quotes from both. CDW-G of Vernon Hills provided the best price for the proposed system configuration. In addition,they were able to provide the necessary technical help and training for this project. This proposed equipment purchase is the first of two acquisitions necessary to complete the City's computer-related Disaster Recovery Plan. The proposed cost for the equipment,installation and training is$78,852.78. Funding for this project is .available in the current police department budget and information technology budgets. Due to the limited availability of these items, staff is also requesting the waiver of bidding requirements. Eric Nieckula, Field Account Executive Phone: 847-630-7915 email: ericnie@cdwg.com Nick Geiser,Account Manager Phone: 312-705-9511 email: nickgei@cdwg.com Quotation for: Quotation Date:Julyl8th, 2006 City of McHenry attn:James Molnar 333 S.Green St. Tim Harris McHenry, IL. 60050 Line Part Unit Unit Ext No. My Number Description List Price Price 1 1 P3901RN-21) 320MA RACK 2XDC2.8GHZ NO $41,999.00 $30,923.00 $30,923.00 MEM/HDD/OS 2 16 M231 1GB DDR2-400 800MHZ FSB $899.00 $708.00 $11,328.00 MEMORY 3 2 D643 74GB SATA HDD 10KRPM(1") $719.00 $549.00 $1,098.00 4 1 P-72-01834 MSFT SLID W2003 SRV ENT IL $1,452.78 $1,452.78 wMContract Line Part Unit Unit Ext No. Qty Number Description List Price Price 5 1 EXTDC-BAS-NYY BASIC WARRANTY EXTENSION $2,699.00 $2,610.00 $2,610.00 FOR YEARS 2 AND 3(DUAL CORE) 6 1 TS-YYY-0724 3 Year 24 x 7 Technical Phone $700.00 $700.00 Support 7 1 PRO-HW-INST STANDARD INSTALLATION- $1,999.00 $1,910.00 $1,910.00 HW/OS/NETWORK CONNECT& CONFIG Line Part Unit Unit Ext No. Qty Number Description List Price Price 8 1 850182001 S1500 BASE MODEL-NO HDDS $14,000.00 $8,725.00 $8,725.00 9 8 062-02960-000 1 X 147GB 15K RPM FIBRE $2,215.00 $1,428.00 $11,424.00 CHANNEL HARD DISK DRIVE 10 1 050-02270-000 FT-NEC STORAGE CONNECTIVITY KIT $4,999.00 $3,670.00 $3,670.00 Line Part Unit Unit Ext No. Qty Number Description List Price Price 11 1 SP-0000-STIN-0001 STANDARD INSTALLATION- $1,999.00 $1,950.00 $1,950.00 HW/OS/NETWORK CONNECT& CONFIG "120 2 BR-205E-R0001-A Brocade SW200E 8PT 2GB $1,396.00 $2,792.00 Project Total: $78;832.78 DELL QUOTATION QUOTE M 304711563 Customer M 8796712 Contract M N39913562 CustomerAgreement M A63307 Quote Date: 7/12/06 Date: 7/12/06 3:16:26 PM Customer Name: CITY OF MCHENRY TOTAL QUOTE AMOUNT: $52,999.91 Product Subtotal: $52,999.91 Tax: $0.00 Shipping & Handling: 1 $0.00 Shipping Method: I Groundl Total Number of System Groups: 0 SOFTWARE &ACCESSORIES Product Quantity Unit Price Total ftServer 5700 Rack 2-way DMR dual core 2.8GHz CPU 2 MB IL(A0665949) 1 $29,969.64 $29,969.64 Microsoft Windows Server 2003 Enterprise Edition OS Include(A0586415) 1 $0.00 $0.00 ftServer System Software version 4.X,English,StrateDoc CD(A0506130) 1 $1,777.78 $1,777.78 Rapid Disk Resync(A0407137) 1 $853.96 $853.95 1GB DDR-2 Memory DIMM(A0506114) 16 $399.31 $6,388.96 Read Write DVD pair one per CPU 10,factory installed(A0506096) 1 $292.59 $292.59 Disk slot filler panel price included in base system(A0407136) 4 $0.00 $0.00 74GB 3.510K RPM SATA Disk Drive(A0484012) 2 $337.06 $674.12 USB Keyboard and Mouse(A0404183) 1 $111.17 $111.17 ftServer Power Cable Pair,120 VAC 15 A,Plug Type NEMA 5-(A0403940) 1 $0.00 $0.00 5700 41.1 Bezel Price included in base model(A0627734) 1 $0.00 $0.00 ftServer 4000 rail kit for rack systems Price included in(A0506126) 1 $0.00 $0.00 Stratus Technologies ftServer End User License and Hardware(A0404160) 1 $0.00 $0.00 Stratus ftServer Systems Installation Guide Price Included(A0506082) 1 $0.00 $0.00 Read Me First Unpacking ftServer System Price Included In(A0506084) 1 $0.00 $0.00 Advanced ASN Attach Kit Contains Virtual Technician Module(A0465541) 1 $1,244.18 $1,244.18 ASN Modem,Backplane Mounted(A0506089) 1 $150.30 $150.30 Full Height PCI Slot Filler Panel Price Included in base mo(A0506086) 4 $0.00 $0.00 PCI Slot Filler Panel Price included In base model(A0506087) 2 $0.00 $0.00 ftServer W Series 4000 Stratus 41.1 rack packaging Price incl(A0506099) 1 $0.00 $0.00 4Gb 1-port Fibre Channel Adapter for EMC(A0665950) 2 $1,777.78 $3,555.56 ftServer 5700 Jumpstart System Installation M-F local buss(A0606160) 1 $3,881.66 $3,881.66 System Availability ftService(A0404524) 41 $100.001 $4,100.00 System Availability ftService(A0404525) 76 $0.001 $0.00 Number of S &A Items: 24 S&A Total Amount: $52,999.91 SALES REP: Eric Abrahams PHONE: 1800-576-6038 Email Address: eric_abrahams@dell.com Phone Ext: 7240001 file://CADocuments and Settings\tharris\Local Settings\Temporary Internet Fi1es\0LK6AE7\Quot... 7/24/2006 y DELL QUOTATION QUOTE #: 304478626 Customer#: 8796712 Contract#: 70137 CustomerAgreement#: Dell Std Terms Quote Date: 7/11/06 Date:7/11/06 4:19:01 PM Customer Name: CITY OF MCHENRY TOTAL QUOTE AMOUNT: $35,503.92 Product Subtotal: $35,503.92 Tax: $0.00 Shipping & Handling: 1 $0.00 Shipping Method: I Groundl Total Number of System Groups: 1 GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $35,503.92 GROUP TOTAL: $35,503.92 Base Unit: Dell I EMC CX300 DAS Disk Processor Enclosure Array wlth10x146GB 10K Drives(221-4416) Navisphere Mgr Suite,CX300 Departmental(3-7 Hosts),withMgr/Agent/Acc Logix(410-0412) Type 2 Contract-Same Day 4-Hour 7x24 Parts and Labor On-Site Response,Initial Year(960- 1500) Type 2 Contract-Same Day 4-Hour 7x24 Parts and Labor On-Site Response,2YR Extended(960- 1502) Premium Enterprise Support-Gold-Premium Services(960-7769) Premium Enterprise Support-Gold-Advanced Software Support(960-7749) Thank You for buying Dell(983-2207) Please visit WWW.Dell.COM(983-2217) Hardware Installation Includedln SAN/DAS Implementation Installation(981-9069) CX300 DAS IMPLEMENTATION/INSTALLATION 1 TO 2 HOSTS(981-8009) Dont ship to EU,Japan after July/1/06-Product not compliant w EU RoHS Directive(Restriction of Hazardous(465-5241) Optional Secondary Supplemental Power Supply(SPSfor CX300 from EMC(320-3081) DPS-TRN SAN Mgmt and SAN Data Protection Storage 5 Day Training a@DDell PRICE PER USER (970-8368) SALES REP: Eric Abrahams PHONE: 1800-576-6038 Email Address: eric—abrahams@dell.com Phone Ext: 7240001 For your convenience,your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-866-844-0532.You may also place your order online at www.dell.com/guote , Unless you have a separate agreement with Dell,the terms and conditions found at http://ftpbox.us.dell.com/sig/resellem/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S.only and are subject to change. file://C:\Documents and Settings\tharris\Local Settings\Temporary Internet Fi1es\0LK6AE7\Quot... 7/24/2006 DELL QUOTATION QUOTE M 305541724 Customer M 8796712 Contract M 70137 CustomerAgreement M Dell Std Terms Quote Date: 7/17/06 Date: 7/17/06 9:13:57 AM Customer Name: CITY OF MCHENRY TOTAL QUOTE AMOUNT: $4,754.62 Product Subtotal: $4,754.62 Tax: $0.00 Shipping & Handling: 1 $0.00 Shipping Method: I Groundl Total Number of System Groups: 1 GROUP: 1 FQUANTITY: 2 SYSTEM PRICE: $2,377.31 GROUP TOTAL: $4,754.62 Base Unit: SWITCH,4GB,200E,BROCADE Switch4GB,8-16 port,200E Brocade-R(222-2131) 2M Multi-Mode FC Cable LC-LC(310-1618)-Quantity 2 VERSA Rails for 8/16 Port FC-2Brocade Switches to be installed in a Dell/Non-EMC Rack(310- 1950) Premium Enterprise Support-Gold-Premium Services(950-5927) Premium Enterprise Support-Gold-Advanced Software Support(950-5987) Type 2 Contract-Same Day 4-Hour 7x24 Parts and Labor On-Site Response,2YR Extended(960- 1562) Type 2 Contract-Same Day 4-Hour 7x24 Parts and Labor On-Site Response,Initial Year(960- 1600) Thank You for buying Dell(983-2207) Please visit WWW.Dell.COM(983-2217) Hardware Installation Includedin SAN/DAS Implementation Installation(981-9069) SALES REP: Eric Abrahams PHONE: 1800-576-6038 Email Address: eric—abrahams@dell.com Phone Ext: 7240001 For your convenience,your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-866-844-0532.You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell,the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to"address on your purchase order. Please indicate your taxability status on your PO. If exempt,please fax exemption certificate to Dell Tax Department at 888-863-8778, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax—Department@dell.com. ** file:M\Documents and Settings\tharris\Local Settings\Temporary Internet Fi1es\0LK6AE7\Quot... 7/24/2006 i AGENDA SUPPLEMENT TO Mayor and City Council FROM: Douglas Martin,Assistant City Administrator FOR: July 31,2006 Regular City Council Meeting RE: Honorary Street Sign Application ATTACHMENTS: 1. Resolution designating the corner of John Street and Green Street, as an honorary street entitled"Honorary Spc.Collier E.Barcus Way" 2. Honorary Street Sign Application On July 17ffi of this year the City Council approved an amendment to the City's Honorary Sign Policy. The intent of this program is to recognize those individuals who have contributed greatly to the City of McHenry through cultural, historical or humanitarian acts. The first application submitted for this program was approved by the Council, designating that portion of Elm Street between Front Street and Richmond Road as"Honorary Baur Avenue". On April P of this year, a portion of Waukegan Road was designated "Honorary Gladstone Way", in honor of Dr. Gladstone. Attached is an application from Sandra Barcus for an honorary street sign,with the name "Spc. Collier E. Barcus",proposed to be erected at the corner of John Street and Green Street. Collier Barcus served and was killed in Iraq,as part of Operation Iraqi Freedom, in 2004. Collier believed that it was his duty to do his part in responding to 9/11, in defense of our country (see attached application). In addition, while serving, he received the Purple Heart, Bronze Star and Good Conduct Medal. Simply stated Collier should be honored and remembered for not only his service to his country but for his will and determination. The proposed sign would be a symbol to all of McHenry, particularly the youth,of how one person can make a difference in such a complicated world. Staff and the Mayor have reviewed the application and believe that the criteria for approval have been met. Recommendation: Approval of resolution designating the corner of John Street and Green Street, as an honorary street entitled"Honorary Spc.Collier E.Barons Way" RESOLUTION NO. A RESOLUTION DESIGNATING THE CORNER OF JOHN STREET AND GREEN STREET AS AN HONORARY STREET ENTITLED HONORARY SPC. COLLIER E. BARCUS WAY IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS,the City Council has established the Honorary Street Sign Policy and Program to honor individuals who have contributed significantly to the City of McHenry through cultural,historical or humanitarian acts; and WHEREAS, the City Council has considered the evidence and recommendation from the Mayor and finds that the approval of the application, for the honorary street designation for the corner John Street and Green Street,is consistent with the criteria set forth in the Honorary Street Sign Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS,AS FOLLOWS: SECTION l: That the corner of John Street and Green Street be granted the honorary street designation of"Honorary Spc.Collier E.Barcus Way". SECTION 2: That an honorary street sign entitled, "Honorary Spc: Collier E. Barcus Way", shall be posted at the intersection of John Street and Green Street. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. MAYOR ATTEST: CITY CLERK City of McHenry Honorary Street Sign Policy and Application POLICY The City of McHenry has established a policy with a review process and criteria for review for the administration of requests for honorary street signs in the City. Listed below are the review process and criteria for review for this program. There is no fee associated with this program and street names will be displayed in perpetuity. No more than three(3)honorary designations shall be awarded in the City per calendar year. PURPOSE OF PROGRAM The Honorary Street Sign Program provides citizens of the City of McHenry with an opportunity to honor people and/or family members who have made significant contributions to the City. The program is administered by the Mayor's office through the Administration Department. All supporting documentation is required at time of application submittal. Upon the Mayor's recommendation, the application will be brought to the City Council for consideration. REVIEW PROCESS 1. Applicant completes attached Honorary Street Designation Application. 2. Application is reviewed by the Mayor who makes a recommendation to the full City Council. 3. Request is considered by the City Council and if found acceptable, a formal resolution is passed designating a street or a portion thereof an honorary street. CRITERIA FOR REVIEW 1. Historical and/or cultural influence of the applicant on the City. 2. Proof of significant lineage to the City. 3. Clear geographical relationship of street to the area of interest of applicant. 4. Known to be of good moral character. 5. Clearly defined community or public contribution made by the honoree. Please complete the application below and return it to the City's Administration Department: APPLICANT NAME: c5a-f1.CL►'Q, L• ba,,6 PHONE NO.: F15--395 'qgq 1 ADDRESS: g7o4 W . �66AMnI r; NAME OF HONOREE: (as it would appear on sign) l EXISTING STREET NAME: C U1 0 John 6I - REQUESTED SIGN LOCATION (intersection): taY'teYl SA- + Jo h n 5� CRITERIA FOR DESIGNATION PLEASE COMPLETE THE FOLLOWING CRITERIA, WHICH ARE USED IN THE EVALUATION FOR EACH REQUEST FOR AN HONORARY STREET SIGN. USE ADDITIONAL PAPER IF REQUIRED. IN ADDITION,`HONOREE MUST BE OF GOOD MORAL CHARACTER. HISTORICAL AND/OR CULTURAL INFLUENCE OF THE HONOREE ON THE CITY: t �Smqu- a- --7 ra �we OA P,P -Q )e �ra ze r a.."d � c dav- 4C 50 ki &ue— P OVIDE PROOF OF SIGNIFICANT LINEAGE OR FAMILY TIES TO THE CITY:.� �I��er t�� b�o-nd ('CelS eg �n (Y1G. •en ClAded 14) 44 sc� m l 6-n -I P- + en kn e &v Jar. Ste. e encl ecP c4en rid It'1 Yl�c�-�'1r ESTABLISH CLI AR GEOGRAPHICAL RELATIONSHIP OF STREET TO THE AREA OF INTEREST OF THE APPLICANT: Dh Q -4 &tee, �f. �f"ej a 6,qkf- &6t_ s eXl I e r gross e� `A ts-2 oer w�yen on 4-q2 ely,d A� 7L ',prom E�?CIL) wa S CLEARLY DEFINED COMMUNITY OR PUBLIC CONTRIBUTION MADE BY THE HONOREE. Co�2��r;S �ctcri C� �r► �Qtoo,5 h1,6 rn16slon A Same, ; o�oc�tcth1. O� r nd �t in , b I bw r n M,5 D iQ2UL n ht rn 4�r�Al �l C�2a-�'. I k5`1 n wry its +reo-fed �d1 k e{�-rn --D h 1s Z s4.i, w i 1 a�s in un rn-c ear. , w 1,,�k (..o C(ie�- we e w e "ne kc w a4k-& m e4u-h�a kt e,*Od ea fn6, h rn e n otZ bec.d.use o-V h _U .S '' r e 0alc1 � �I m r Cowo-rd 1-w 111 - IS� W -� T, Ci-h"e bete 4)-17 �O ell ieue. ea Ill ' IL 0 rn IS � o s-rcc.-+--2h1 ern v" - no rn f- w o t.aw6-nde.4-t4sehoAr -mo&-, 4* �-� ,mow m mn m P.mrs ,5S , �y &-ps ue5- rn�n ��r plu' ptse . GUI �r�' s k0©w ® `� ��Pl bid -r W1�ve Wa6 be., ho f e --Ar Yho5e w Ao s#-r j, . /�e Ws a our �►Q sir j � y t Y TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 31, 2006 Regular City Council Meeting RE: Class A Liquor License -2314 North Route 120 RECOMMENDATION: To approve the request for a Class A Liquor License from Khayat Enterprise d/b/a Fatman Tavern McHenry, 2314 West Route 120 subject to .satisfactory fingerprint results; and, to pass an Ordinance increasing the number of Class A Liquor License from 24 to 25. A Class A liquor license application was received from Christian Khayat, President of Khayat Enterprise for the operation of a bar/restaurant with live entertainment at 2314 West Route 120,formerly the site of Lenny the Legends. A conditional use permit to allow a bar with live entertainment currently exists for the location. Christian Khayat is the owner/operator of five bar/restaurants in Gurnee, Lake Bluff and Vernon Hills, and is experienced with operating restaurants serving alcohol. Mr. Khayat has submitted all the necessary paperwork, paid the$1,400 annual license fee and he and his manager have been fingerprinted. In addition, the staff at Fatman Tavern McHenry will be required to attend BASSETT training classes.A copy of the application is attached for your information. As Liquor Control Commissioner for the City of McHenry, Mayor Low is recommending the approval of the request for a Class A Liquor License from Khayat Enterprise d/b/a Fatman Tavern McHenry subject to receipt of satisfactory fingerprint results; and, to approve the attached Ordinance increasing the number of Class A liquor license from 25 to 24. x . CITY OF MCHENRY License Flo. !'C APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received CITY OF MCHENRY LIQUOR CONTROL Date Effective n� ORDINANCE Receipt Issued On TO BE FILED WITH THE i OFFICE OF THE MAYOR Check No. ,I JUL I i2i 200' Cashier's Chk. CITY OF McHFNRY c ALL LICENSES EXPIRE APRIL 30 CerL Check t AC':.1I''f41STRATION FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE NO.:Khayat, Enterprise/DBA Fatman Tavern McHenry 2314 N Rte. 120 McHenry, IL 60050 1. Please indicate form of ownership:CORPORATION % PARTNERSHIP INDIVIDUAUSOLE PROP. IF CORPORATION: 2. Corporation Name: Khayat Enterprise Inc. Corporate Address: P.O. Box 370 Wadsworth, IL 60083 Corporate Phone Number. 847-855-9585 3. $tate of Incorporation: Illinois 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number. 5. State of Incorporation: IF INDIVIDUALISOLE PROP: G.. Applicant's Full Name: Social Security No.: Date of Birth: Residence Address: 7. Home Phone: Business Phone: 8. Citizen of U.S.? 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: (B)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent: Chris Khayat 36938 Kimberwick In. Wadsworth, IL 60083 Twyla Khayat 36938 Kimberwick In. Wadsworth, IL 60083 04/2004 PAGE JWO 10. (A)If Applicant and Local Manager are not the same,give na e,address and telepyyone number off ocal Maria er: t 11 4 nrr x1,ay�t 36938 RimberwicT Lilo Wadsworth, IL 6008i g q j B)Local Manager's: Date of Birth: 0 1/06/83 Place of Birth: Illinois Citizen of U.S.?Yes. 11. (A)Principal Type of Business: Restatlirant/Bar 12. (B)What is current zoning for this property?Commercial Zoning 13. Type of License Sought: Liquor License Class A, 14. Date on which business was begun at this location: N7A n 15. Does applicant own premises for which license is sought? Y',-17_If not,state name and address of owner and attach copy of executed lease. _ :�nh,`r �f'1•'�l"QC�' n D N� , n e n N� }n .� .. ( �c Y' (lam 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital,home 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 applicant's place of business a hotel offering restaurant service,a regularly organized club,a food shop or other place where the sale of liquor is to the principal business? If yes,how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail,list address of all locations(may attach supplemental sheet). 19. Give applicant's Retailer's Occupational tax(ROT)Registration Number #2014-9735 20. Are you delinquent in the payment of the Retailer's 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 Applicant's balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. 22. State name and address of dram shop insurance company for both the licensee and owner of the building in,which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. Leech Bridges 1717 Lewis Ave. Zion, IL 60099 23. Describe parking facilities available to the business: a a„bn 1 r 180 soots 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 bythern? YPc 25. Will you maintain the entire premises in a safe,.clean and sanitary manner free from conditions,which might cause accidents? Yes 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes 27. Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? NO If answer is "YES",give particulars: 28.Have you, or in the case of a corporation,the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership, any of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? s answer is"YES",explain: 29.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation and the local manager,or in the case of a partnership,any of the partners,ever been convicted of either a felony or a misdemeanor? No If so,please describe: 30.Is any individual who is directly or indirectly interested in applicant's place of business,alaw-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 rHcit,I HKtE List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation,list same information for each partner and the local manager—(please attach). 32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more shares of the corporation and the local manager)? .NO If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation,has any officer,manager,or director thereof,or,any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? NO 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes 35. Have you,or any partner,or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revoked or suspended? No 36. If so,give all details,including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license. and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the Licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of.any federal law or state statue. 2.. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3.' Violate or permit a violation of any.rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however;provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days: 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or(b)alcoholic beverages in non-original containers,such as plastic cups. Only original containers,such as cans,bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code,to take place on the licensed premises or on,about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on.the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 04/2004 PAGEFOUR AFFIDAVIT ;STATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) I,the undersigned,being first duly swom,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 swum to before me this day of 20 i• NOTARY PUBLIC CORPORATION: (Authorized Agent f the Co 0 0 ) Si S OFFICIAL SEAL Print Name CHRISSY DUPOR NOTARY PUBLIC•STATE OF AUNW Title W COMMONEXPftSA310liV Subscribed and sworn to before me this 11164 da of LA 1 .20 0(0. NOTARY PUBLI MANAGER: �f OFFICIAL SEAL. CHRISSY DUPOR NOTARY PUBLIC-STATE OF Signature of Local anage S MY COMASSION EWIRES%Wj0 Sub gri ed and swom to befo met is ` day ,20 0( _. NOTARY PUBLIC 0412004 #31. Khayat Tavern Group/!DBA Fatman Inn 36309 N. Rt 41 Gurnee, I1 60031 Inlaws Restaurant 720 S Milwaukee Rd Gurnee, IL 60031 D'Laniey's Inc./DBA Rockland Fatman Tavern 525 Rockland Rd Lake Bluff, IL 60044 The Fatman Bowl 13860 W. Rockland Rd Green Oaks, IL 60044 Khayat Entertainment: Inc./DBA Half Day Inn 1270 S. Milwaukee Ave Vernon Hills, IL 60061 ORDINANCE NO. MC-06- AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McAENRY, MaHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "A" Liquor Licenses from twenty-four (24) to twenty-five (25) . 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 31`t day of July, 2006. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: July 31,2006,Regular City Council Meeting RE: Authorization to Issue Request for Proposals,Redevelopment of Former Medical Arts Site,1110 N.Green Street City of McHenry,Applicant ATTACHMENT: Request for Proposals,Redevelopment of Former Medical Arts Site STAFF RECOMMENDATION: To authorize Staff to issue the attached Request for Proposals. On May 1, 2006, the City Council authorized Staff to issue a request for qualifications (RFQ) for the redevelopment of the former Medical Arts site. The RFQ was sent to 19 development firms and three responses were received. The Evaluation Team is currently reviewing the responses and compiling a list of qualified finalists. Finalists should be selected no later than August 3`d. Once the finalists are selected, they will be asked to respond to a Request for Proposals (RFP). The RFP provides the parameters for how the City would like the property developed. The ferns responding to the RFP will provide, through written and graphic presentations, their vision for the development of the property. The City will then decide which response best fits the City's vision for the site and will work with that developer to make the project come to fruition. Staff is requesting authorization from the City Council to issue the attached RFP to the selected developers. If approved,the RFP would be made available to the selected finalists immediately after they are identified by the Evaluation Team. A pre-proposal meeting would be held on Thursday, August 17`' to discuss the RPF and answer questions. Interested parties would have until Friday, September 29,2006 to respond. REQUEST FOR PROPOSALS nl ' I • 11 1 .. rr� e'�y ,�r .� u'� a+�a ''fir �a • y '°'at�,„ ash•: a. Contents Introduction 3 Site Facts 5 Project Goals S Scope of Work/Development Concept 8 Design Standards 8 Proposal Procedure 10 Proposal Contents 10 Required Submittals 11' Contact Information 11 Evaluation Criteria and Selection Process 12 Exhibits Exhibit A, Site Map 4 Exhibit B,Aerial View 6 Exhibit C,Area Land Uses 7 2 City of McHenry,Illinois Introduction The City of McHenry ("City") is seeking development proposals for property located at the northeast corner of Green Street and Waukegan Road, commonly known as 1110 N. Green Street (the "Redevelopment Site,"see Exhibit A). Purchased by the City in December of 2005, this prime site contains nearly 48,000 square feet with frontage on Boone Lagoon, along the path of the City's future Riverwalk. The Redevelopment Site is also within an existing Tax Increment Financing (TIF) District. A high-quality, mixed-use development is envisioned for the Redevelopment Site, with first floor retail/restaurant uses, and upper level office or residential units. The development com- munity is invited to respond to this opportunity by submitting a creative, market-based develop- ment proposal that meets the objectives of the City and serve as a catalyst for future develop- ment and redevelopment in the downtown. Proposals are due in the office of the City Administrator no later than 4:00 p.m. on Friday, Sep- tember 29, 2006. Project Staff will hold a pre-proposal meeting on Thursday, August 17, 2006, at 10:00 a.m., in the McHenry City Council Chambers to discuss the request and answer questions. 3 REQUEST FOR PROPOSALS ---- - City of McHenry,Illinois F -.m ®•�' • y466 476 off ♦ 5 469 o f.- SITE m Proposed - . dory/Down town Overlay NumberBlock 1 •• •• City of McHenry,Illinois Site Facts The Redevelopment Site is located at the northeast corner of Green Street and Waukegan Streets, and adjacent to Boone Lagoon. An aerial view of the Site is found in Exhibit C. The property consists of 47,916 square feet; however, the City will retain a 15-foot wide corridor across the north side of the property, adjacent to Boone Lagoon for the Riverwalk. The current zoning is 0-1 Local Office District. Parallel parking is available on Green Street across the property frontage. The Redevelopment Site previously contained a medical office building, with basement and paved parking areas. The City has cleared all pavement/structures from the site and re-graded the property. A Phase 1 Environmental Site Assessment has been conducted on the property. The Assessment found no evidence of recognized environmental conditions in connection with the Site and con- cluded that further environmental study is unnecessary. Soil borings were taken at eight(8) lo- cations on the property and revealed no unusual conditions. The soils report includes criteria for use by the design engineers and architects in preparing the foundation, site, and pavement designs. Interested parties are welcome to review a copy of the Phase 1 Assessment and the soils report, which are available by contacting the City. Information in this RFP is considered reliable but is not guaranteed. The developer is responsi- ble for making its own analysis and decisions regarding the conditions of the Redevelopment Site. The City will not reimburse the developer for any surveys, title insurance or investigations of the site. 5 REQUEST FOR PROPOSALS aani � �i xoj C 4= Aw 0 I . iii`• !►�iNiNiEi�i!. S j s 1 L Q) N� �-L 1 k O LL f AMM, 00,10 L ` ag000 . a p c n, ti ti T O H ri ! ! ' '! '• City of McHenry,Illinois Project Goals Scope of Work/Development Concept The City is seeking a diverse, multi-use development on the property that will compliment the adjacent Riverwalk and benefit from being within walking distance from the three downtown areas. Anticipated uses include: Residential Approximately 25-50 units. A mix of studio, one and two-bedroom units. Garages—prefer underground, if possible. Retail and/or Restaurant First floor. Flexibility in size of tenant spaces to attract diverse tenants. Restaurants encouraged. Office Preferred on second floor. No more than 15%of the total first floor square footage shall be devoted to offices. Parking Existing on-street parking will be maintained. Below grade or underground is encouraged. Open Space/Public Art The development should compliment the Riverwalk. Public open space is encouraged. Design Standards The site is located in the City's Downtown Overlay District, which has a specific set of design guidelines for new development and redevelopment. Any development proposal is expected to conform with those design guidelines (attached). Zoning The site is currently zoned 0-1 Local Office District and is located within the City's Down- town Overlay District. Rezoning the property to IDD, Integrated Design District or C-4 Downtown Commercial District will be necessary to facilitate redevelopment. Height 5 stories maximum. Floor Area Ratio (FAR) No limit. 8 REQUEST FOR PROPOSALS City of McHenry,Illinois Design Standards, cont. Lot Coverage Flexible. Setbacks Build to line encouraged. Landscaped areas shall be provided. Stormwater Management Underground preferred. Architectural Style The City is seeking an architecture style that compliments the historic character of down- town McHenry. Materials. All buildings must be primarily brick, glass and stone on all sides. No cin- der or concrete block, plywood, vinyl siding, or unfinished precast concrete shall be allowed. Decorative split face block, smooth or textured synthetic plaster and wood trim shall only be used for decorative accents. Street Level Fagade. The street level fagade should be inviting and pedestrian friendly. Ample windows should be provided facing a street. Blank walls should be avoided. Entrances. Building entrances should be well articulated. Multiple, pedestrian- friendly entrances are encouraged. Landscaping. The introduction of landscaping on the site and along the street should compliment the architectural style of the building and the character of the downtown and Riverwalk. Building Codes. The development shall meet all of the building codes adopted by the City of McHenry. 9 City of McHenry,Illinois Proposal Procedure Proposal Contents In order to facilitate review and evaluation by the City, responding developers are requested to structure their response to this portion of the request in conformance with the outline presented below. Any additional information that responding developers wish to submit may be attached to their responses in the form of appendices. Responses should be complete but concise as pos- sible. Responses to the RFP shall include the following: 1) Development Team Identification. Identification and general description of the develop- ment entity, including identification of the head of the development team with which the City will negotiate agreements for implementation of the proposed project and identification of the licensed architect and builder/contractor that will be responsible for the design and construction, respectively. List the roles and responsibilities of the developer and/or indi- viduals who will be directly involved in the development team to be utilized on the project, including any legal counsel, engineering consultants, etc.,to the extent these are known. 2) Organization/Management Approach. The development entity's proposed organizational and management approach for development and marketing of the project, including a de- scription of the roles and responsibilities of each development partner or major participant in the development process. Identify the method to be used in marketing the completed units. The City shall treat all financial information as confidential to the extent allowed by law. 3) Key Project Participants. Identification and description of key project participants. For each organization comprising the development team, identify size of staff and length of op- eration as a company. Identify key individuals likely to be involved and their respective roles and responsibilities. Include key characteristics of their backgrounds and experiences which qualify them for participating in the proposed development. 4) Graphic Presentation. Written or graphic materials or renderings portraying the developer's vision of how the site could be developed. The City's intent is not to elicit elaborate archi- tectural presentations, but only to obtain a sense of the developer's ideas and concepts for the site through hardlined floor plans and full color elevation studies. These studies must include the shadow studies to indicate the maximum shadow cast by this building; sound studies; traffic flow and delivery traffic patterns; proposed landscaping; and utility use pro- jections. The City reserves the right to request additional information which might be deemed necessary after request for proposals have been received and opened. The City reserves the right to re- quest interviews with developers that have submitted a request for proposal to provide the pro- posed services. 10 City of McHenry,Illinois Required Submittals Copies of proposals must be submitted as follows: One (1)unbound copy; Twelve (12) bound copies; and One (1) electronic version in Microsoft compatible or PDF format on CD. Proposals must be on standard 8-1/2"'x 11" paper. All supporting documentation must be on paper no larger than 11" x 17". Proposals and supporting documentation must be in a sealed envelope or box labeled "Medical Arts Redevelopment Proposal". Telefaxed proposals will not be accepted. Submissions will not be returned. Proposals shall be submitted to the City on or before: 4 p.m. Friday, September 29, 2006. Proposals received after the deadline will not be accepted. It is not the City's responsibility nor practice to acknowledge receipt of any proposal. It is the responder's responsibility to assure that a proposal is received in a timely manner. Contact Information Questions may be directed in writing only to: Joseph P. Napolitano, AICP Community Development Director City of McHenry 333 S. Green Street McHenry, IL 60050 E-mail: jnapolitano@ci.mchenry.il.us Fax: (815) 363-2173 11 City of McHenry,Illinois Evaluation Criteria and Selection Process A selection committee will be established to serve as the Evaluation Team. The Evaluation Team will review all proposals. Some or all of the developers may be requested to present their proposals to the Evaluation Team. The Evaluation Team shall compile a"short list" of finalists. The finalists will present their proposals to the City Council and the Council will select the pre- ferred developer. The criteria used to evaluate submitted proposals includes, but will not be limited to,the follow- ing listed items: • Qualifications and past experience of the Development Team. - The successful planning and completion of development projects of a similar type and scale, on-time and within budget. - Public acceptance of previous developments, in terms of design, timing of work and functional relationships. - Reputation in regard to character, integrity, skills,judgment and competence. • Overall project proposal, including: - Quality and creativity of the proposed development. - Aesthetics and value added to the downtown. - Compatibility with objectives and Design Standards set forth by the City. - Market feasibility and financial viability. - Investment amount and economic impact. - The timeliness of the proposed construction schedule. • Implementation Ability. - Availability of sufficient financial resources to complete project in a timely manner. Once a preferred developer is selected,the City intends to execute a land sale and development agreement. The City reserves the right to terminate negotiations and all commitments hereunder if, within a reasonable time determined by the City, in its sole discretion, the parties have not arrived at a mutually acceptable sale and development agreement. Once selected for further ne- gotiations,the preferred developer shall submit a$10,000 non-refundable fee prior to com- mencement of negotiations. Evidence of private lender commitment shall be submitted to the City within sixty (60) days of commencement of negotiations. This fee shall be credited to the developer upon the execution of the development agreement between the developer and the City, with the method of credit to be negotiated in the final agreement. The City is under no obligation to proceed with this project and reserves the right to reject any and all proposals, waive defects in proposals, enter negotiations with any developer, and to re- solicit for proposals. The City will not be responsible for any costs or fees associated with the preparation of a response to this RFP. 12 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel J.Marcinko,Director of Public Works FOR: July 31,2006 Regular City Council Meeting RE: Agreement for Consultant Services Addendum No.1 for the design of Municipal Drive ATTACHMENT: Agreement for Consultant Services Addendum No.1 Background. At the November 15, 2004 Regular City Council Meeting, the City Council approved an engineering services agreement with Smith Engineering Consultants, Inc. (SEC) for the design of the Municipal Drive extension. During the design of the project the configuration of Municipal Drive was altered due to right-of-way constraints. Once the right-of-way was obtained the location of Municipal Drive was revised back to the original design. At the May 15,2006 City Council meeting,when the road was altered back to the original design, staff noted that due to the alterations the original project design cost would be exceeded by an estimated $25,000. It was also noted, however,that there would be a savings in the construction cost associated with reverting back to the original design of the roadway. Analysis. SEC has submitted an addendum to their original contract for additional services requested by the City of McHenry for the design changes to Municipal Drive. The original contract value was $62,245.60 and SEC is requesting an additional $39,760. The additional services include the re- alignment of proposed roadways,modification of the construction plans, and additional administration and coordination needed to accommodate the redesign of the project. The following is a summary of the costs associated with the project: Original Contract Value $62,245.60 Contract Addendum No. 1 $39,760.00 Revised Contract Value $102,005.60 Recommendation. Staff recommends the Council approve SEC's Agreement for Consultant Services Addendum No. 1 for the design of Municipal Drive in an amount not-to-exceed$39,760. Smith Engineering Consultants,.Inc. Ovil/,Structural Engineers and Survei,ors July 19,2006 Mr. Douglas P.Martin Assistant City Administrator City of McHenry 333 South Green Street McHenry,Illinois 60050 RE: Municipal Drive Contract Addendum No. 1 SEC Job No.: MCHE-041004-3 Dear Mr.Martin: As you are aware, the contract maximum fee for the Design of Knox Drive from Green Street to Bank Road has been exceeded, and Smith Engineering Consultants, Inc. (SEC) is currently requesting a Contract Addendum to cover the additional cost for the work performed, or work to be performed by SEC. As you know, SEC had construction plans that were at the 60% completion stage when it was decided by the City to move forward with an alternate alignment for Bank Drive. This decision was due to the City not being able to obtain the additional right-of-way needed for the original design from the adjacent property holders. The result of this realignment caused the plans to be redesigned with only minimal information being retained from the original design. The plans were then taken to the 90% completion stage when the decision was made by the City to return to an alignment similar to the original design. This again caused the plans to be re-designed and taken to the 100% completion stage(ready to Bid.) In summary,this request is a result of the following: • Re-alignment of proposed roadways; • Modification of the construction plans; and • Additional administration and coordination needed to accommodate the re-design of the project. At this time, the project has been bid and is currently waiting to be awarded. No further significant design changes are anticipated on this project. Therefore, the addendum is to cover the extra costs incurred by SEC in the re-design of the project and to cover the anticipated costs associated with bringing the project through the bidding process to construction. 4500 Prime Parkway,McHenry,II,.60050 www.smitheagiaeering.com Telephone 815.385.1779 Fax 815.385.1781 Mr.Douglas P.Martin City of McHenry Municipal Drive Contract Addendum No. 1 SEC Job No.:MCHE-041004-3 July 19,2006 Page 2 of 2 Please review the attached information and contact Bob Wegener or myself with any questions at 815-385-1778. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. � • Chad J.Pieper Civil Engineer II CJP/saz Attachment cc: Mr.Bob Wegener,P.E., Smith Engineering Consultants,Inc. N:Vobs\5mith\2004\041004 MCHE-Knox DriveWministration\contracfMCH&041004-3-Addendum#I-CoverLetter-cjp-071106.doc AGREEMENT FOR CONSULTANT SERVICES ADDENDUM No. 1 Project: Design of Knox Drive from Green Street to Bank Road SEC Job No.: MCHE-041004-3 Original Contract Value $62,245.60 Addendum#1: $39,760.00 Revised Contract Value: $102,005.60 AMENDMENT NO. 1 Whereas, the City of McHenry heretofore entered into a contract, dated February 21, 2005, with Smith Engineering Consultants, Inc. (SEC). Whereas, revisions and additions to the original contract are necessary as follows to accommodate additional design services. • Unexpected re-alignment of proposed roadways due to uncooperative adjacent property owners. • Re-design of construction plans due to change to new alignments and then back to original. • Additional administration coordination to accommodate re-design of 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 design and project administration/coordination work. Additional Man-Hours Summary Design Services and Administration/Coordination Employee Classification Man-Hours Labor Costs Direct Costs Principal 8.0 $1,200.00 - Civil Engineer II 321.0 $32,100.00 - Engineering Technician 68.0 $5,440.00 $900.00 Administrative 2.0 $120.00 - Sub-Totals 399.0 $38,860.00 $900.00 TOTAL $39,760.00 Page 1 of 2 Whereas, this amendment will provide the appropriate adjustments; and Whereas, the adjusted upper limit of compensation shall be$102,005.60. Now, therefore, the parties hereto do mutually agree to changes to the AGREEMENT FOR CONSULTANT SERVICES as detailed above. 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. 4� J Chad J. Pieper, Civil ngineer II CJP/saz CLIENT: Accepted by: Printed/Typed Name: Title: Date: Client: NAJobs\Smith\2004\041004 MCHE-Knox Drive\administration\contmct\MCHE-041004-Addendum#1-REVISED-cjp-071106.doc Page 2 of 2 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel J.Marcinko,Director of Public Works FOR: July 31,2006 Regular City Council Meeting RE: Award of bid to Berger Excavating Contractors for the extension of Municipal Drive and Approval of an Engineering Services Agreement for Construction Observation and Staking Service ATTACHMENTS: 1)Engineer's Recommendation 2)Low Bidder's Proposal 3)Smith Engineering Consultants,Inc.Engineering Services Agreement for part-time construction observation and staking service Background: At the April 17,2006 Regular City Council Meeting the Council approved the request to advertise for bids for the Municipal Drive extension project. The improvements include the realignment of Municipal Drive to Bank Drive and the extension of the water and sanitary sewer mains. The engineer's opinion of probable cost for this project was$1,198,473.41. Analysis: The City advertised for a Tuesday July 5'h bid opening, which yielded one bid for the project. Berger Excavating Contractors, Inc. submitted a bid of$1,337,570. The sole bid has been tabulated and checked to assure the accuracy of the final bid price. However, the proposed construction contract is a unit price contract based on the engineer's schedule of quantities. Therefore, the final price will be determined by the actual quantities required to complete the project. Smith Engineering Consultants, Inc. (SEC) has submitted an engineering services agreement for the engineering field inspection for this project. The proposed agreement provides an inspector to be on- site part-time to observe the contractor's work and assure that it conforms to the approved design specifications. The agreement from SEC for the inspection services is a not-to-exceed amount of $127,929. SEC's contract is based on an hourly rate. However, the City will be coordinating inspection efforts with SEC to reduce costs on this project. The City Council will recall that this project is being funded through a public/private partnership. Private developer contributions,for the properties being developed south of Municipal Drive, will pay a portion of the total cost and for the public benefit portion of the project, funding is being utilized from the annexation fiord as well as from park donations. Recommendation: Staff recommends the Council; 1) Award the contract for the Municipal Drive improvements to Berger Excavating Contractors, Inc. for an estimated amount of$1,337,570 and, 2) Approve the engineering services agreement from Smith Engineering Consultants, Inc.. for part-time construction observation and staking service in an amount not-to-exceed$127,929. Smith Engineering Consultants, Inc. ('71,11IStructurell Elighleer.1 cmd Sit),veyorc July 7,2006 Mr.Daniel J.Marcinko Director of Public Works City of McHenry 333 South Green Street McHenry,Illinois 60050 Re: Municipal Drive SEC Job No.:MCHE-041004-3 Dear Mr.Marcinko: Enclosed for your review is a copy of the bid tabulation submitted by the bidder for the above referenced project. Included in this tabulation is the Engineer's Opinion of Probable Cost. As indicated in the bid tabulation, the only bid was submitted by Berger Excavating Contractors of Wauconda, Illinois in the amount of$1,337,570.00. The bid submitted by Berger is I I% more than the Engineer's Opinion of Probable Cost. Smith Engineering Consultants, Inc. (SEC) feels that this difference is mainly due to the increase in material costs associated with the rise of world wide oil prices. As there appears to be no relief in site for rising material costs, we do not feel that a re-bidding of the project would yield a lower cost. After reviewing the submitted documents, it was found that Berger Excavating Contractors had correctly completed and submitted all of the required forms and documents. Therefore,we recommend to the City that a construction contract be awarded to Berger Excavating Contractors in the amount of$1,337,570.00. Should you have any questions or need additional information,please call me. Sincerely, SMITH ENGINEERING CONSULTANTS,INC. Chad J.Pieper Civil Engineer II CJP/saz Attachment cc: Bob Wegener, Smith Engineering Consultants,Inc. N:UobASmith\20041041004 MCHE-Knox Driveladministradon\bid-dDcs\MCHE-041004-3-recommen&tion4u-cjp-070706.doe 4500 Prime Parkway,McHenry,IL.60050 www.smithengineering.com Telephone 815.385.1778 Fax 815.385.1781 Client: City of McHenry Smith Engineering Consultants,Inc. Job Name: Municipal Drive 4500 Prime Parkway,Suite 201 By: Chad J.Pieper McHenry,Illinois 60050 Checked By: 815-385-1778 Job No.: MCHE-041004-3 Date: July 5,2006 Revised Date: Bid Tabulation l 1 r Berger Excavalling Contractors ITEM NO. ITEM UNIT TOTAL al ClM1Tw w ° F ;' UNIT QUANTRY ,.COSTS f Ni F R COST TOTAL COST 1 Bituminous Surface Removal 1-1/2' SO YD 1525 1300 4 r 432f00' $ 4.00 $ 6,100.00 2 Pavement Removal Full Depth) SO YD 2522 7$ ijamoM WE,;':'h'"I'120"t76t ^ $ 8.00 $ 20 176.00 3 Curb Removal LF 280 $ 3.50 $ 980.00 4 Combination Curb and Gutter Removal LF1 1670 if :F;,4 D $ r!' a+`'>i6'680:' . $ 4.00 $ 6,680,00 5 Sidewalk Remove) SQ FT 1415 00 U75W $ 1.60 $ 2,264.00 6 Tree and Bush Relocation EACH 18 fil{0D 00, $; ? l 't27,.00As00': $ 500.00 $ 9,000.00 7 Tree Removal Acre ACRE 0.45I'BnSD11d $ 5,000,00 $ 2,250.00 8 Tree Removal 6 to 15 Units Diameter UNIT 12 tiriV l5 011 Ji'[17 k ;1 00; $ 50.00 $ 600.00 9 Earth Excavation and Placement CU YD 68001 I,;r45D S '$i!'1.96'800:00!! $ 23.00 $ 156,400.00 10 Removal and Disposal of Unsuitable Materials CU YD 1020 :l a' it!5 ="26300°06! $ 18.00 $ 18,360.00 11 Porous Granular Material CU YD 1020 r;-A45 tliS `k, .'tea 00a10:k $ 38.00 $ 38,760.00 12 Geotechnical Fabric For Ground Stabilization SO YD 6000 (f0030pc $ 1.45 S 8,700.00 13 Storm Sewer Removal FOOT 123} i'fl.4 07D ;j`'d ,E ti.11'845i01- $ 12.00 $ 1,476.00 14 Remove ExistingCatchbasin EACH 4 k$k r.�:r250. a;lmx i, 1%'0 I00=; $ 350.00 $ 1,400.00 15 Temporary Fence for Tree Protection FOOT 100,$ •::"5,00 $ :?:irk •r='SDO D0':: $ 4.00 $ 400.00 16 Perimeter Erosion Barrier Silt Fence FOOT 3834 It4l rk7lti2:bEf 4$a>:tl u9' 85 OEI $ 2.75 $ 10,543.50 17 PCC Sidewalk 5" SO FT 7085 S,r #Ot! + '+is" .cl8" Otlk $ 4.25 $ 30,111.25 18 Combination Concrete Curb and Ginter T B6.12 FOOT 3640` -r,.@T13�DD 54/ DO'' S 17.25 $ 62,790.00 19 Concrete Barrier Curb FOOT 310 Sr ''72:00 r 3,'; ?;3'72t5DD' $ 18.00 $ 5,580.00 20 Aggregate Base Course Type B 2" So YD 705 +';v:375 S4' rrl s'2 5 $ 3.00 $ 2 115.00 21 Aggregate Base Course Type 8 6" SO YD 1250 $ 6.65 $ 8,312.50 22 Subbase Granular Material,Type B 7" SO YD 9645 ; , :+;55 p' 150'6382;' $ 7.75 $ 74,748.75 23 Bituminous Base Course,Su eve 6" SO YD 8515 W ^i15 1 X425A0.' $ 18.75 $ 159,656.25 24 Bituminous Binder Course,Superpave TON 1225.S- s 0AQ $ `8,17MODs $ 45.95 $ 56,288.75 25 Bituminous Surface Course,Superpave TON 9054,;BD $ 60.60 $ 54,643.00 26 Temporary Pavement 2"Bituminous 8"a ate base SO YD 550 ; 4Di 5 SDp; ! $ 20.00 $ 11 000.00 27 Strip Reflective Crack Control Treatment 2 ft wide FOOT 410 4k' r'ri5iD0 ri:E .r2'05tk' :i $ 5.00 $ 2,050.00 28 Seeding Class 2A ACRE 3.25 S1;:21 00iD0 r,s? 41+125MV $ 2.455.00 $ 7.978.75 29 Mulch,Method 1 ACRE 3.25 S:[1}40040 i:i'e u+t3'250F09I S 800.00 $ 2,600.00 30 Phosphorus Fertilizer Nutrient POUND 293 iw' rf?44 :;e i`,r: ka .stt0` $ 1.20 $ 351.60 31 Nitrogen Fertilizer N utrient POUND 293 u i i}::'1►DEf a?fli; 298tXD $ 1.20 $ 351.60 32 Potassium Fatrtilizer Nutrient POUND 293 iS fI.!'_.y' 'S ;; 17 r,Ni"296`s0D': $ 1.20 $ 351.60 33 Inlet Type A w T11 F&G EACH 9 ry 'a50 , t 6:750 OD,! $ 1,025.00 $ 9,225.00 34 Catch basin Type A 4'DIA w T11 F&G EACH 7 i7 0 i II. a 5^50's00? $ 1,425.00 $ 9,975.00 35 Manhole Type A 4'Dia w T1 F CL EACH 7 . , i,Ap S ,:tti r;;75D 00s $ 1,400.00 $ 9,800.00 38 Inlet Type A 4'Die w T8 OL EACH 2`; L�75010wol 100- $ 1,225.00 $ 2,450.00 37 Storm Sewer RG,CL A,Type 2 12" EACH 859 s$ ".m 25te0 2 9100' S 36.00 $ 30,924.00 38 Storm Sewer,RG,CL A Type 2,18" EACH 732 .i $ 38.00 $ 27 816.00 39 Storm Sewer,RG,CL A,Type 2,24" EACH 117 11 3,510.W! $ 45.00 $ 5,265.00 40 RCP Flared End Section 18'with GratingEACH 2 TiEr,7,W-W $ M, 1%50Dj $ 1.425.00 $ 2,850.00 41 RCP Flared End Section 24"with Gratin EACH 1 7$ ;E' $ 1:00010Qi $ 1,624.57 $ 1,824.57 42 Reconstruct Existing Manhole Core-in connection EACH 1 r$ .(7,50 3a •::, r 'i730',00= $ 1,200.00 $ 1,200.00 43 Sanita Manhole Type A 4'Dia w T1 F CL EACH 5 ill 1!250AD 4 gia' 6'250'iOD $ 3,500.00 $ 17,500.00 44 Sanitary Sewer,PVC,8' FOOT 1315+g •i 2flA0 'S r:aJl `2 300'0T $ 36.00 $ 47,340.00 45 Sanitary Sewer PVC,6"-Bored and Pushed FOOT 40 ::aa200:00 ; t8}0 i1Xt% $ 225.00 E 9,000.00 46 Sanitary Sewer Service 6"PVC FOOT 153 s3`, t;;7 Z 4:!!R 2 75M1 $ 35.001$ 5 355.00 47 Valve in Valve Vault,12",5'Die with T1 F CL EACH 4 S 3,�IrcD :11 12: 00, $ 3,500.00 $ 14,000.00 48 Fire Hydrant with Aux.Valve and Box EACH 7•S-:;4! 0D C °+;•` ,141M..Oi00: $ 3,600.001$ 25,200.D0 49 Watermain Ductile Iron 17 FOOT 1615:11, 60.001$ 96,900.00 50 W aternain Shut Down Connection EACH 2 1:k000.0D: $ 2,500.00 S 5,000.00 51 TrenchBadtfill CU YD 15401:5 32itlDI $ ;' '4A;28MOO.,, $ 32.001$ 49,280.D0 52 Thermoplastic Pavement Markin -4"Une FOOT 2370'; C=:Iy.2s 2+9B 601 S 0.69 $ 1,635.30 53 Thermoplastic Pavement Markin -6"Line FOOT 1631 hi 7 75 $ r'2054i25' $ 1.04 $ 1,696.24 54 Thermoplastic Pavement Markin -12"Line FOOT 475, 3:00 } '= 1425500 $ 2.08 $ 988.00 55 Thermoplastic Pavement Markin -24"Line FOOT 84. 6:00 S 20s s $ 4.16 $ 349.44 56 Thermoplastic Pavement Markin -Letters and Symbols SO FT 292S 100`; $ 2.75 $ 803.00 57 Ornamental Streetli htin 'Double Acorn"w/festoon outlet EACH 2 l$ r 4'000.D0 6 000fDD': $ 3,286.00 $ 657200 58 Ornamental Streetii htin "Atom" EACH 201 -3,500M, 70011000` $ 2,589.00 $ 51,780.00 59 2-600V XLP NO.8 and 1-XLP NO.8 Ground in 3/4'Unit Duct FOOT 2300:;St a4i50 `S:, 103501001 g 11.80 $ 26,680.00 60 4-600V XLP NO.10 and 1-XLP NO.10 Ground In 3/4"Unit Dud FOOT 151 a 3 +4i5D S u" 679;60r $ 11.60 $ 1,751.60 61 Trench and Backfill for Electrical Work FOOT 2451 ! ;2J)D :4 902:D0! $ 8.30 $ 20,343.30 62 Lighting Controller Cabinet EACH 1'1 2000 D0 ;00 S 6,335.00 $ 6,335.00 63 Concrete Foundation Type D EACH 1.16' 7,50.00 V, 750:061 $ 1,930.00 $ 1,930.00 64 Existing Light to be Relocated EACH 2 1'SOO.QO' $ 1,412.00 $ 2,824.00 65 Tres 3"-Acre Rubrum-Red Maple EACH 2O;S :>•:750.00 S 15'D00'.00. $ 412.00 $ 12,824.00 Be Tree 3"-Frexinus Americana-White Ash EACH 20,'S ''750!00 $ 13 00p 00',: $ 800.00 $ 16,000.00 67 Tree 2"-Tilia Cordsta Greens ire-Little Leaf Linden EACH 20;$ 750:00 S' 15,006:00 $ 796.00 $ 15,920.00 68 Seedlin -Ceres Candensis-Redrod EACH 6'S l'SD0.00 $ 3,000:00: $ 404.00 $ 2,424.00 69 Median Landscaping L.SUM 1 a 5 OOD:00 $ 5,00000` $ 4,500.00 $ 4,500.00 70 Traffic Control and Protection LSUM 1 $: 5,000.00 VP &0010 00 $25,000.00 $ 25,000.00 71 Proposed Entrance Sin EACH 1:$ 10,000.00 $ 10;000:09% $ $ 72 RIP-RAP,CL1 SQYD 27 :$ 10000 $ 2700.00' $ 75.00 $ 2,025.00 73 Mailbox Removal and Replacement EACH 2 :S T00:00 $. 200,00: $ 85.00 $ 170.00 Total $ 1141,403.25' $ 1,337,570.00 5%Contin n P 57;070,16: Grand Total $ ;'1 198,473'l41: City of McHenry Municipal Drive Storm Sewer, Sanitary Sewer and Watermain Extension Section 3 PROPOSAL For furnishing all Labor,Equipment and Materials and Performing various . Operations necessary for the roadway improvements and utility extensions between Green Street and Bank Drive. City of McHenry 333 South Green Street McHenry, Illinois 60050 The undersigned, as Bidder, declares that he has carefully examined the Notice to Bidders, Specifications,and the drawings herein referred to for the Municipal Drive roadway and utility improvements, and has carefully examined the locations, conditions, and classes of all the necessary machinery, apparatus,tools, and other means of construction, and will do all the work and furnish all materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the engineer as set forth for the amount shown on the bid proposal. It is understood and agreed that the work shall be completed as stated in Article 3 of the Standard Form of Agreement. Accompanying this propSpLkA certified check, cashier's the r bid b o the amount of$ �!�O% total amount for the base bid)made payable to the City.of McHenry. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless,in case of the acceptance of this proposal,the undersigned should fail to enter into a construction contract and execute bonds as required it is understood and agreed that the bid security shall be forfeited to the OWNER and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER as a result of such failure on the part of the undersigned. It is understood that the OWNER reserves the right to reject any and all bids. In the event of Award of the Contract to the undersigned,the undersigned agrees to furnish Performance and Payment Bonds, as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Name of Bidder Signature of Bidder Business ev% Name& Zn�[-. .Lcy�►�i'c.00.,+—� Address At.L 'P1MIA (=M-OP LI Attest: Secretary Acknowledge Receipt of Addenda Below: Addendum No. Date Received �o d Cfl SECTION 4 SCHEDULE OF PRICES Client: City of McHenry Smith Engineering Consultants, Inc. Job Name,Municipal Drive—Storm Sewer,Sanitary Sewer and 4500 Prime Parkway, Suite 201 Watermaln Extension Job Number. MCHE-041004-3 McHenry, Illinois 60050 Date:May 18,2005 815-385-1778 Revised:June 8,2006 SCHEDULE OF PRICES ITEM IDOT PAY ITEM UNIT TOTAL UNIT TOTAL COSTS NO. CODE QUANTITY COSTS 1 44000006 Bituminous Surface Removal, 1 '/" SQYD 1525 4 000 (a�pC7,4 2 44000100 Pavement Removal(Full Depth) SQYD 2522 Roc) ��om 3 44000300 Curb Removal FOOT 280 �d 4 44000500 Combination Curb and Gutter Removal FOOT 1670 o0 . 5 44000600 Sidewalk Removal SQFT 1415 6 Tree and Bush Removal and EACH 18 �' on Relocation . ROW. 7 20100500 Tree Removal Acre ACRE 0.45 ��p°- ZZ•sp,o�. 8 20100110 Tree Removal (6 to 15 Unit.Diameter) UNIT 12 45,!'j,Vw (o ff,ov 9 Earth Excavation and Placement CUYD 6800 Z3.06 �JSG�L�W 00 Removal and Disposal of Unsuitable 10 20201200 Materials CUYD . 1020 1$.00 �g Imo 11 20700220 Porous Granular Material CUYD 1020 /&c� 35j 1W.oO 12 21001000 Geotechnical Fabric For Ground SQYD 6000 � Stabilization 13 55100500 Storm Sewer Removal FOOT 123 `Z o0 t..�(40,dp • `T 14 60500060 Remove Existing Catch Basin EACH 4 ��.o0 gyp Page Sub-Total: ITEM IDOT PAY TOTAL UNIT NO, CODE ITEM UNIT QUANTITY COSTS TOTAL COSTS 15 20101000 Temporary Fence(for Tree Protection) FOOT 100 14.pry . 16 28000400 Perimeter Erosion Barrier(Silt Fence) FOOT 3834 Z. S�3 o 17 42400200 PCC Sidewalk, 5"• SQFT 7085 4.ZS , 18 60603800 Combination Curb and Gutter, type B6.12 FOOT 3640 coo 19 60600605 Concrete Barrier Curb FOOT 310 `$co ✓ 20 Aggregate Base Course Type B, 2" SQYD 705 3 Do 2 �'S•oo 21 . 35101800 Aggregate Base Course Type B, 6" SQYD 1250 6.iolS 22 31101500 Subbase Granular Material,Type B T SQYD 9645 23 . X3550560 Bituminous Base course,Superpave 8" SQYD 8515 1,59 24 '' X4066614 Bituminous Binder course,Superpave TON 1225 tL dJ,(A$ 25 X4066424 Bituminous Surface Course,Superpave TON 905 (oD�. dzht•od 26 Temporary Pavement(2"Bituminous,8' SQYD 550 aggregate base) �.D� �D�d.o� 27 44300900 Strip Reflective Crack control Treatment,211 FOOT 410 e5te0 �•00 28 25000210 Seeding Class 2A' ACRE 3.25 z�y/ - +jS-j� 29 25100105 Mulch, Method 1 ACRE 3.25 00W'00 ZGOO.OCR 30 25000500 Phosphorus Fertilizer Nutrient POUND 293 • 31 25000400 Nitrogen.Ferblizer Nutrient POUND 293 Page Sub-Total: ITEM IDOT PAY ITEM UNIT TOTAL UNIT TOTAL COSTS NO. CODE QUANTITY COSTS 32 25000600 Potassium Fertilizer Nutrient POUND' 293 33 60236800 Inlet, Type A with T11 F&G EACH 9 COLS 9 ZZ'S.6'� 34 60201105 F&Gh Basin Type A, 4' Dia.With T11 EACH 7 42.j& �11's.o0 35 60218400 Manhole Type A,4'Dia.With .T1F CL EACH 7 t �cW .gS�•� 36 Inlet Type A,4' Dia.With T8F OL EACH 2 37 55OA2520 Storm Sewer, RG, CL A, Type 2, 12" FOOT 859 38 65OA2540 Storm Sewer, RG, Ct A,Type 2, 18" FOOT 732 $vo Zi I(o.cv 39 55OA2560 Storm Sewer, RG, CL A,Type 2, 24" FOOT 117 4.5 GO 40 54213663 PRC Flared End Section, 18"with EACH 2 grating t 26 Z.&�D.r� PRC Flared End Section, 24"with 57 41 54213669 grating EACH 42 60257900 Reconstruct Existing Manhole EACH 1 ` �i° Zpo_00 Sanitary Manhole,Type A, 4' Dia.With 43 T1 F CL EACH 5 3D: 1�'SOO.ov 44 Sanitary.Sewer, PVC, 8" FOOT 1315 ?�•ae� 4-1 t�C%D Sanitary Sewer, PVC, 8", Bored and t 45 Pushed . FOOT 40 Z gOOo.oa 46 ;. Sanitary Sewer Service, 6"PVC FOOT 153 Valve in Valve Vault, 12', 5' Dia with 47 T1 F CL EACH4 7> / 14 om.ofl 48 56400820 Fire Hydrant with Aux.Valve and Box Each 7 Z j Imo Page Sub-Total: ITEM IDOT PAY ITEM UNIT TOTAL UNIT TOTAL COSTS NO. CODE QUANTITY COSTS. 49 56100900 Water Main, Ductile Iron 12" FOOT 1615 50 Water Main Shut Down Connection EACH 2 ors 51 20800150 Trench Backfill CUYD 1540 �2 �,,o oa 52 78000200 Lin 4 oplastic Pavement Marking— FOOT 2370 b lrf� 53 78006400 Therm s oplastic Pavement Marking— FOOT 1631 Line54 78000600 LineTherm2'plastic Pavement Marking— FOOT 475 Z pow • 410 o® Thermoplastic Pavement Marking FOOT 84 55 78000650 Line 24" 4.4cr 56 78000100 Thermoplastic Pavement Marking— SQFT 292 Letters and Symbols ZZ S �b�. ora Ornamental Streetlighting"Double 57 Acorn"w/Festoon EACH 2 � 58 Ornamental Streetlighting"Acorn" EACH 20 Z4W.Cq, 511186 ..jam,o0 Unit Duct -2-600V XLP NO. 8 and 1- 59 8160.0215 FOOT 2300 (oo 00 XLP N0.8 Ground in 3/4" Unit Duct—4-600V XLP No. 10 and 1- 60 XLP No. 10 Ground in " FOOT 151 61 81500200 Trench Backfill for Electrical Work FOOT 2451 62 Lighting Controller Cabinet EACH 63 87800215 Concrete Foundation Type D EACH 64 Existing Light,to be relocated EACH 2 ZSZ I,o`a Page Sub-Total: ITEM MOT PAY ITEM UNIT TOTAL UNIT TOTAL COSTS NO. CODE QUANTITY COSTS 65 A2001024 Tree 3",Acre Rubrum-Red Maple EACH 20 �� ao Tree 3", Fraxinus Americana-White 66 A2003324 Ash EACH 20ap Tree 2" Tilia Cordata Greenspire- EACH 2 �,_ �� • 67 A2008124 Little Leaf Linden 0zo 68 F30220Y2 Seedling-Cercis Candensis-Redrod EACH 6 na► . .,t," 68 Median Landscaping LSUM 1 41 70 Traffic Control and Protection LSUM 1 Z.la,Yj'w Z.5I .d� 71 . Propos ct-Clrance Sign y EACH 1 72 28106101 Rip-Rap, CL1 SQYD 27 Od v� 72 Mailbox Removal and Relocation EACH 2 ,ga� �` 1�0 cod Page Sub-Total: Project TOTAL:. t 17 -5-7 I sec. tcft _V-11j�� APPENDIX A LOCATION MAP • ; r YY�.-�ro14na tir Tir iloji Ft' NICHanry Larm La `'a • —'sulk v�i►gy a��rat•-. .� �` Vd�rr�' Bu�rv�{�y4 � � ` • eau r.��d ' i } . N:Uobs\Smifh\2004\041004 MCI-Knox DriveWministmtion\bid-does\ OCHE-041004-3-Bid Package-cjp-121205.doc r UNTIED FIRE & CASUALTY COMPANY CEDAR RAPIDS,IOWA 4 r BID BOND Approaed by The American Institute of Architects,AIA Document No.A 310 February 1970 Edition KNow ALL MEN ByTxEsEPREsmiM that we Berger Excavating Contractors, Inc. Wauconda, IL 60084 as PrinclpaL hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety,hereinafter called the Surety,are held and finely bound unto City Clerk, City of McHenry, McHenry, IL 60060 as Obligee,hereinafter called the Obligee, in the sum of Ten Percent of total amount bid------- DoUars 10% of total amount bid------ ($ ),.for the payment of which sum well and truly to be made,the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for the construction of the roadway and utility extensions for Municipal Drive Now,Trion if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contraq Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding C documents with good and sufficient surety for the faithful performance of such contract and for the prompt paymen and material furnished in the prosecution thereof; or in the event of the failure of time Principal to enter such cot give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with ana to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full effect. Signed and sealed this 5th day of July A D. Berger Excavating Contractors, Inc, (Seal) a%NCEPAW (wrrNEss� (r TLE) UNITED FIRE &CASU ONOANY Seal (wrrNFSS) B Je miah G. C 'M0-3073b(11.90) G4TrORNBY.IN•FACI) & gent Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors PROPOSAL/AGREEMENT for PART-TIME CONSTRUCTION OBSERVATION AND STAKING SERVICE MUNICIPAL DRIVE STORM SEWER, SANITARY SEWER, AND WATER MAIN EXTENSION Mr. Daniel J. Marcinko Public Works Director City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: 815-363-2190 Fax: 815-363-2128 SEC Job No.: MCHE-041004.01-5/6 July 14, 2006 4500 Prime Parkway,McHenry,II. 60050 wwwsmithengineering.com Telephone 815.385.1778 Fax 815.385.1781 Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 July 14,2006 Page 2 of 10 I' Project Understanding Smith Engineering Consultants,Inc. (SEC)is proposing to provide the City of McHenry with part-time construction observation services for a time period between the date of the start of construction and the completion date of November 30, 2006. The man-hours required for construction observation were based on the contractor substantially completing the project in sixteen (16) weeks, in which SEC anticipates a Construction Engineer II will be on the job site for an average of thirty-five(35)hours per week. Therefore, this contract is based upon a specific schedule and the number of working days the construction engineer anticipates being on-site. II. Scope of Services For the basis of this contract, Smith Engineering Consultants, Inc. (SEC) estimated the contractor will complete the project to substantial completion by November 30, 2006. SEC will provide part-time observation for the project on a time and material, not-to- exceed the contract amount basis. Construction observation services will include observation of the following activities: installation of sidewalk, removal and installation of curb and gutter, installation and relocation of light poles and bases, electrical conduits and wiring, storm sewer removal and installation, pavement removal, earth excavation, tree removal, tree installation, sanitary sewer installation, watermain installation, aggregate base installation and bituminous materials installation. In addition, SEC will provide the equipment, instruments, supplies, transportation, and personnel that are technically qualified to perform the services listed in this contract. Construction observation services are a very important tool for the City to have at its disposal. They help to ensure the contractor's work is completed in general conformance with the approved plans and specifications and that the materials installed and workmanship performed are of acceptable quality. When the contractor's work is not in accordance with the approved engineering plans and specifications,this often results in increased future maintenance costs for the City and its residents. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 July 14,2006 Page 3 of 10 A. Construction Observation SEC shall keep the City informed of the project progress and shall endeavor to guard the City against deficiencies in the work. The construction engineer will document the quality and progresses of the contractor's work utilizing inspectors daily reports (IDR's)and provide weekly reports to the City. SEC shall be present at the job site at appropriate intervals to observe and verify that the items listed below are being constructed in general conformance with the approved engineering plans. The specific items of work for which SEC will provide the services listed in the above paragraph include: installation of sidewalk,removal and installation of curb and gutter,installation and relocation of light poles and bases,electrical conduits and wiring, storm sewer removal and installation,pavement removal, earth excavation, tree removal, tree installation, sanitary sewer installation, watermain installation, aggregate base installation and bituminous materials installation. This contract is based upon on the contractor substantially completing the project by November 30, 2006. It is anticipated that construction will last sixteen (16) weeks. SEC anticipates a Construction Engineer U will be on the job site full-time for an average of thirty five(35)hours per week. B. Project Administration and Coordination 1. Pre-construction Meeting and Documentation Attendance at the pre-construction meeting and preparation of the agenda and meeting minutes is included in this scope of work. Project administration and coordination time of forty(40)hours is also contained as part of this scope of work, as well as time for project start-up. SEC has allotted an average of three (3) hours per week for the assumed project duration of sixteen(16)weeks to complete the project documentation. This includes time for SEC to review and provide recommendations regarding design changes proposed by the contractor, or the Village. SEC will review and process the contractors pay requests. The construction engineer will attend bi-weekly progress meetings as necessary,to document any requests,changes,or construction-related issues. In addition,the construction engineer will prepare or maintain project documentation files. SEC had included one (1) hour per week for the assumed project duration of sixteen (16) weeks for a Principal for project administration. Additionally, three(3)hours per week for the assumed project duration of sixteen(16)weeks has been included for administrative services. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 ri July 14,2006 Page 4 of 10 2. Punchlist and Project Closeout SEC,with input and assistance from the City Public Works Staff,will conduct a joint field review of the completed public improvements in order to observe and document incomplete or deficient items or work requiring correction by the Contractor. A punchlist of deficient items will be prepared by SEC and forwarded to the contractor to address prior to final payment by the City. SEC will observe the correction of punchlist items to ensure compliance with the plans and specification. SEC anticipates 120 manhours will be required to complete the punchlist and project closeout phase of this project. C. Construction Staking SEC has included time within this contract for construction staking services. SEC will provide the following services: 1. Coordination/Project Setup — Client/SEC contact for the purpose of scheduling and confirming layout. 2. Benchmarks—Consists of establishing benchmarks throughout the site to be used by contractors. All points will be flagged and marked with elevations based on the site benchmark on the approved set of construction plans. 3. Erosion Control — Shall consist of staking all end and bend points for silt fence. Straight sections will be staked at 100'intervals. 4. Ri t of Way Staking — Shall consist of staking the Right of Way at 50' stations with a hub and lath. The hub elevation and cut/fill to the proposed centerline grade will be marked on the staked lath. 5. Storm Sewer Layout—Shall consist of staking storm structures at the center of each structure with two (2)offset stakes(distances to be coordinated with contractor) displaying cut/fill information of manhole and pipe. 6. Sanitary Sewer Layout — Shall consist of staking sanitary structures at the center of each structure with two(2)offset stakes(distances to be coordinated with contractor) displaying cut/fill information of manhole and pipe. 7. Watermain Layout — Shall consist of staking watermain structures at the center of each structure with two(2)offset stakes(distances to be coordinated with contractor)and displaying cut/fill information of structure. Centerline of watermain will be staked at 100' intervals with the cut/fill to finished grade marked on the staked lath. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 ri July 14,2006 Page 5 of 10 8. Curb and Gutter Layout_—Shall consist of staking the curb at Y offset stakes to the back of curb placed at all high/low points,radii,beginning and ending curve points with the cut/fill elevation(top of curb elevation)to be marked on the staked lath. 9. Sidewalk Layout—Shall consist of staking sidewalk in front of the proposed buildings at three (3) foot offset stakes to the face of walk with the cut/fill elevation(top of walk elevation)to be marked on the staked lath. 10. Lighting Layout—Shall consist of staking light pole structures at the center and with one offset with the cut/fill to finished grade marked on the staked lath. 11. Record Drawings—Record Drawings will be prepared and submitted to the City of McHenry showing the constructed centerline,watermain,sanitary and storm sewer structure elevations. Invert elevations and pipe slopes will also be calculated and shown on the Record Drawings. Constructed elevations (cross sections) will be obtained on 50 foot stations once the earthwork portion of the project is complete for the purpose of verifying earthwork quantities. Three bond copies, one mylar copy and an electronic file of the record drawings (in Illinois State Plane Coordinate System NAD 83, 1997 Revision)will be provided to the City of McHenry. D. Disclaimer SEC shall not supervise, direct or have any control over the contractor's work. Nor shall SEC have any responsibility for the construction means,methods,techniques, sequences or procedures selected by the contractor. Also,SEC is not responsible for the contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor. SEC shall not be responsible for any acts or omissions of the contractor, subcontractor, or any entity performing any portion of the work, or any agents or employees of any of them. SEC does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents. All construction staking shall be completed once. SEC will not be responsible for loss of stakes. Any additional staking/site visits shall be done on a time and material basis per individual staking requests and billed under a separate work order. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC.Job No.: MCHE-041004.01-5/6 July 14,2006 Page 6 of 10 III. Man-Hour & Fee Summary The observation of this contract will be performed under a time and material,not-to-exceed the contract amount,basis. Any additional services requested by the City or work due to an extended schedule dictated by job site conditions or the contractor's performance shall warrant a Contract Addendum. Listed below is a table containing the man-hour and fee summary. Man-Hour Summary Employee Construction Administration Construction Total Man-Hours Classification Observation Staking Principal 0 16 0 16 CEII 560 208 0 768 Surveyor II 0 115 393 508 Administrative 0 48 0 48 Total 560 387 393 1340 Direct Cost Summary Service Description Total 4 miles per trip, 5 trips/week for 16 Mileage weeks @ $0.45 per mile $144.00 Construction Staking $1,900.00 Material Testing $10,000.00 Postage $400.00 Total $12,444.00 Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 ri July 14,2006 Page 7 of 10 Cost Summary Item Man-Hours Fees Direct Costs Totals Construction Observation 560 $56,000.00 $144.00 $56,144.00 Construction Stakin 393 $33,405.00 $1,900.00 $35,305.00 Administration/ Coordination 387 $26,080.00 $400.00 $26,480.00 Material Testing 0 $0.00 $10,000.00 $10,000.00 Totals 1340 $115,485.00 $12,444.00 $127,929.00 Contract Total: $127,929.00 Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 July 14,2006 Page 8 of 10 IV. ADDITIONAL CONTRACT UNDERSTANDING Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior written approval of the CITY OF MCHENRY. Outside Consultants SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Construction Review(Without Design) It is agreed that the professional services of SEC are limited to a review and observation of the work of the contractor to ascertain that such work substantially conforms to the design intent and the contract documents. Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. SEC agrees to be responsible for its'employees negligent acts,errors or omissions. Construction Observation SEC shall visit the project at appropriate intervals(as described in the scope of services)during construction to become generally familiar with the progress and quality of the contractors=work and to determine if the work is proceeding in general accordance with the Contract Documents. The CITY OF MCHENRY has not retained SEC to make detailed inspections or to provide exhaustive or continuous project review and observation services. SEC does not guarantee the performance of,and shall have no responsibility for,the acts or omissions of any contractor,subcontractor,supplier or any other entity furnishing materials or performing any work on the project. If the CITY OF MCHENRY desires more extensive project observation or full-time project representation,the CITY OF MCHENRY shall request such services be provided by SEC as Additional Services in accordance with the terms of the Agreement. Attorneys'Fees In the event of any mediation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC=s employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means,methods,sequence,techniques or procedures necessary for performing,superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CITY OF MCHENRY agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CITY OF MCHENRY AGREEMENT with the General Contractor. The CITY OF MCHENRY also agrees that the CITY OF MCHENRY,SEC and SEC's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services SEC Job No.: MCHE-041004.01-5/6 July 14,2006 Page 9 of 10 Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CITY OF MCHENRY's sole risk,and CITY OF MCHENRY shall indemnify and hold harmless SEC from all claims,damages and expenses including attomey's fees arising out of or resulting therefrom Design Information in,Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CITY OF MCHENRY shall retain copies of the work performed by SEC in CADD form only for information and use by the CITY OF MCHENRY for the specific purpose for which SEC was engaged. Any use or reuse of original or altered CADD design materials by the CITY OF MCHENRY,agents of the CITY OF MCHENRY,or other parties without the review and written approval of SEC shall be at the sole risk of the CITY OF MCHENRY. Dispute Resolution All claims,disputes or controversies arising out of,or in relation to the interpretation,application or enforcement of the AGREEMENT shall be decided through Mediation,in accordance with American Arbitration Rules. The parties further agree that the CITY OF MCHENRY will require,as a condition for participation in the project and their AGREEMENT to perform labor or services,that all Contractors,Subcontractors,Sub-subcontractors and Material Persons,whose portion of work amounts to five thousand dollars($5,000)or more,and their insurers and sureties shall agree to this procedure. Hazardous Materials It is acknowledged by both parties that SEC=s scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC=s services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CITY OF MCHENRY retains appropriate specialist consultant(s)or contractor(s) to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. Additionally,all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. Should the CITY OF MCHENRY fail to pay for professional services hereunder,as billed within 45 days of such billing,SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 3. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. 4. Mr.Daniel J.Marcinko City of McHenry Part-Time Construction Observation and Staking Services 17, SEC Job No.: MCHE-041004.01-5/6 July 14,2006 Page 10 of 10 Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one(1)copy for your files and return one(1) to our office. This AGREEMENT is approved and accepted by the Client and Consultant upon both parties signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SMIT H ENGINEgXNG CONSULTANTS, INC. Chad J. Pieper Civil Engineer H Approved by: Robert W genet President/City Consultant TD/CJP/saz CLIENT: Accepted by: Printed/Typed Name: Title: Date: Client: N:Uobs\Sn*h120041041004.01 MCHE Municipal Drive Storm Sewer Sanitary�Adnmris=ion\contract\MCHE-041004.01-6 Construction Observation-REVISED-4471706.doc