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HomeMy WebLinkAboutPacket - 08/28/2006 - City Council city of McHenry .r 333 South Green Street , , www.ci.mchenry.il.us McHenry,Illinois 60050-5495 _ I I AGENDA Mayor's Office M REGULAR CITY COUNCIL MEETING (May 363-2108 Fax (815) 3-2108 9 Monday, August 28, 2006, 7:30 P.M. Clerk's Office (815)363-2100 Fax(815)363-2128 1. Call to Order Administration 2. Roll Call (815)363-2108 Fax(815)363-2119 3. Pledge of Allegiance Public Works 4. Public Input Session — 10 Minute Limitation Community Development 5. Consent Agenda: (815)363-2170 A. Final payment to Cooling Landscape Contracting for McHenry Shores Beach Streambank Fax(815)363-2173 Stabilization project for$21,960 with a 10% retainage to beheld pending final inspection of rock revetment work in the fall; Parks and Recreation B. Final pay request from Midwest Well Service, Inc. for rehabilitation of Well Nos. 2 and 3; (815)363-2160 C. Sale of Surplus Property by Auction; Fax(815)363-3186 D. Picnic/Special Use Permits; E. Block Party Requests; and Police Non-Emergency F. Approve City Council Minutes of August 7, 2006 and August 14, 2006. (815)363-2200 Fax(815)363-2149 6. Request for Zoning Map Amendment and Variance from Oakridge Development for property located at northeast corner of Pearl Street and North Route 31 Mayor Susan E.Low 7• Request to advertise for bids for installation of holiday lighting in Veterans Memorial Park City Clerk 8. Request for Variance from Pacini Group LLC for real estate sign located at the northwest corner Janice C.Jones of Route 31 and Bull Valley Road Treasurer 9. Accept proposal from AT&T to relocate telecommunications infrastructure for Municipal Drive David M.Welter project for an amount not to exceed $16,043.80 Aldermen 10. Engineering Services Agreement with Smith Engineering Consultants, Inc. for design of the South Wastewater Treatment Plant Expansion not to exceed $1,615,000 WARD 1 Victor A. Santi 11. Accept proposal from Water Well Solutions Drilling Division, LLC to rehabilitate Well No. 9 for an WARD 2 amount not to exceed $8,400 Andrew A.Glab 12. Mayor — Statement and Reports WARD 3 Jeffrey A. Schaefer 13. Committee Reports WARD 4 14. Staff Reports Steven C.Murgatroyd 15. Future Agenda Items WARD 5 Richard W.Wimmer 16. Executive Session: Collective Bargaining Property Acquisition WARD 6 17. Adjournment Robert J.Peterson Posted and Mailed: August 23, 2006 WARD 7 Geri A.Condon CONSENT AGENDA The Consent Agenda for the August 28, 2006 City Council meeting consists of the following items: A. Final payment to Cooling Landscape Contracting for McHenry Shores Beach Streambank Stabilization project for $21,960 with a 10% retainage to beheld pending final inspection of rock revetment work in the fall; B. Final pay request from Midwest Well Service, Inc. for rehabilitation of Well Nos. 2 and 3; C. Sale of Surplus Property by Auction; D. Picnic/Special Use Permits; E. Block Party Requests; and F. Approve City Council Minutes of August 7, 2006 and August 14, 2006. Attachments CONSENT AV ENDA " SUFIF160,ME,NT° 3 To: Mayor and Aldermen Fm: City Clerk Jon For: August 28, 2006 egularly Scheduled Council Meeting Re: Sale of Surplus Property by Auction Recommendation: • Authorize the Mayor's execution of the Auction Agreement between the City of McHenry and McHenry County Council of Governments(MCCOG) • Approve attached ordinance authorizing the Sale by Public Auction of Surplus City Property Background The McHenry County Council of Governments (MCCOG) is coordinating an auction of surplus municipal/government public property on Saturday, September 16, 2006 at the McHenry County Fairgrounds in Woodstock. The City of McHenry has been invited to participate. In order to participate in the auction, an Auction Agreement between the City of McHenry and MCCOG must be executed. In addition, an ordinance authorizing the sale of itemized surplus municipal property must be passed. The list of property itemized in the attached ordinance has been compiled by all City departments. At this time, Staff is seeking authorization for the Mayor's execution of the attached Auction Agreement which must be sent to MCCOG along with the executed ordinance providing for the sale of City surplus property at the annual auction. /kmk McHenry County Council of Governments Local Government Vehicle and Equipment Auction Agreement This is an agreement between the hereafter called Seller, and the McHenry County Council of Governments,hereafter called the Auctioneer. The Auctioneer hereby agrees to offer for sale at public auction the property declared by the Seller on lists provided to the McHenry County Council of Governments. The Seller hereby agrees to turnover and deliver to the Auctioneer,to be sold at public auction, property delivered by the Seller to the McHenry County Fairgrounds,Route 47 and Country Club Road, Woodstock,IL on Friday September 15,2006. No item shall be sold or withdrawn from the sale prior to the auction except by mutual agreement between the Seller and Auctioneer. The auction is to be held at the McHenry County Fairground,Route 47 and Country Club Road, Woodstock,Illinois on Saturday September 16,2006. It is mutually agreed that all said property be sold to the highest bidder. The Auctioneer does not guarantee that any item offered will be sold The seller must remove any item not sold by Monday September 18,2006. Items not removed by 5:00 pm on September 18,2006,will be disposed of. It is mutually agreed that the Auctioneer shall deduct a fee of six percent(6%) for all items from the gross sales receipts on the items sold The Seller covenants and agrees that he/she has good title and the right to sell and said goods are free from all encumbrances. Seller agrees to provide title to all equipment for delivery to purchasers the day of the auction. The Seller shall save and hold harmless the Auctioneer and/or its agents from and against all liability, claims and demands of whatsoever kind or nature arising out of,or connected with,the sale of said property. Seller. Auctioneer. Agency: McHenry County Council of Governments Address: 600 Harvest Gate City/State: Lake in the Hills,IL 60156 Telephone: 847-960-7494 Signature: Signature: Authorized Official Anna Bicanic Moeller Executive Director Name and Title: Date: Date: ORDINANCE NO. ORD-06- AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF McHENRY WHEREAS,in the opinion of at least three-fourths of the corporate authorities of the City of McHenry, it is no longer necessary or useful to or for the best interests of the City of McHenry to retain ownership of the personal property hereinafter described; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHenry to sell said personal property at public auction for cash. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY as follows: SECTION I: Pursuant to Section 5/11-76-4 of Illinois Compiled Statutes, Chapter 65,the Mayor and City Council of the City of McHenry find that the following described personal property now owned by said jurisdiction is no longer necessary or useful to said jurisdiction and said jurisdiction would be best served by the said personal property sale: 1. Colorado Timing Systems score board panel 2. Colorado Timing Systems score board panel Serial#026-243f 3. Colorado Timing Systems score board panel Serial#026-245e 4. Colorado Timing Systems score board panel Serial#026-245e/tested by 84 5. Colorado Timing Systems score board panel Serial#026-245e tested by 48 6. Colorado Timing Systems score board panel Serial#026-245e tested by 36 7. Colorado Timing Systems score board panel Serial#026-245e tested by 84 mfg date 4/88 8. Baseball score board panel with black cord Serial#6-23-95-2 9. Baseball score board panel with black cord 10. Baseball score board panel with black cord Serial#S289702 11. Baseball score board panel with gray cord 12. 04-3478/PO4-193;boys Murray 10-spd bike,blue 13.04-4283/PO4-228;girls Giant 5-spd bike,purple 14.04-4481/PO4-242;girls Mongoose Mountain bike,pink 15.044491/1304-243;girls Huffy 10-spd bike,purple 16.04-3329/PO4-273;boys Roadmaster 15-spd Mountain bike,blue 17.04-4861/PO4-274;girls Free Spirit 10-spd bike,green 18.04-5117/PO4-300;boys Huffy Mountain bike,blue 19.04-6307/PO4-346;boys Magna Mountain bike,silver 20.04-6486/PO4-354;boys Titan Mountain bike,silver 21.04-6812/PO4-389;boys GMS Mountain bike,red/blue 22.04-7343/PO4-436;boys Roadmaster BMX bike,chrome 23.04-7535/PO4-461;boys Mongoose Mountain bike,red/chrome 24.04-8190/PO4-497;boys NEXT Mountain bike,red 25.04-8268/PO4-510;boys Murray Mountain bike,black 26.04-8794/PO4-535;boys Huffy BMX bike,orange 27.04-9340/PO4-582;boys Roadmaster Mountain bike,blue 28.04-9530/PO4-604;boys Roadmaster Mountain bike, blue/gray 29.04-9696/PO4-624;boys Magna Mountain bike,green 30.04-9836/PO4-640;boys Schwinn 10-spd bike,redMrhite/Nue 31.04-10057/PO4-660;girls Mongoose 21-spd Mountain bike, bluelsilver 32.04-10356/PO4-674; boys(brand unknown)BMX bike orange/green 33.04-11158/PO4-711;Huffy BMX bike,yellow 34.04-11628/PO4-730;boys Murray Mountain bike,green 35.04-11839/PO4-747;girls Free Spirit Mountain bike,red/blue 36.04-11992/PO4-768;boys Huffy Mountain bike,red 37.04-12562/PO4-803; boys Rand Mountain bike,blue 38.04-12873/PO4-819;boys Murray 10-spd bike,black 39.04-12878/PO4-820;girls Dynocraft Mountain bike,purple 40.04-12919/PO4-828;boys Wipeout Mountain bike,red 41.04-14016/PO4-872;boys(brand unknown)Mountain bike,black 42.04-14422/PO4-918; boys Mongoose Mountain bike,black 43.04-14777/1304-951;boys Huffy Mountain bike,blue 44,05-0784/PO-38;girls Banchi Mountain bike,black 45.03-9405/P03-612;3-compact disc-carrying cases with 37-misc.music CUS 46.99-1973;Rapala 6'fish fillet knife Sale by Auction Ordinance Page 2 47.99-2303;Sony'Dual Shock"Play Station 48.99-7720;Sony FM/AM Walkman with headphones 49.01-13479/P01-1120;Pentax 35mm IQZoom EZY camera 50.03-5554/P03-325;Memorex portable compact disc player 51,01-12180/P01-1048;Koss portable compact disc player 52. 01-12180/1301-1048;Canon ELPH 260Z camera 53.03-9357/1303-596;V vi ar BIG VIEW 35 mm camera 54.99-11380;Jensen XCD9020 AM/FM CD car stereo 55.99-11380;Pioneer SUPER TUNER III AM/FM CD car stereo 56.03-5788/P03-343;3-MASH VCR tapes 57.03-5788/P03-343;MADDEN 96 VCR tape 58.04-3537/1304-194; mens gold in color ring 59.01-13479/P01-1119;2-pairs OAKLEY sunglasses 60,03-13879/P03-976;Seiko womens gold in color watch 61.03-8054/P03-480;American flag 62.03-13920/1503-980;Donkey lawn ornament 63.03-13920/P03-980;Deer lawn ornament 64.03-13920/1303-980; Dutch Girl lawn omament 65.03-13920/P03-980;Dutch Boy lawn ornament 66.03-9117/1303-582;Rabbit lawn ornament 67.03-9117/P03-582;Canadian goose decoy 68.03-9117/P03-582;Fisher Price basketball stand with backboard 69.03-7959/P03-458;Push lawnmower,gasoline powered 70.Vitamaster MR-500 multi action gym 71.Aero Cycle exercise bike 72.Gasoline roller-Rollpack;skew#03103 73.Target concrete saw-ser#EC195DM18E-8538-0;skew#01306 74.Truck-Old Fleet#431; 1987 Intemational Harvesterl900 vin#1 HTLDTNN2HHA24360 75.Jumpen jack gas powered-Wacker,modef#GVR100 ser#41301687 76.Car-Old Fleet#224;2000 Ford Crown Victoria;vin#2FAFP71 W9YX103082 77.Radial arm saw-Sears Craftsman's model#113.198411 ser#88022.M0380 78.Table saw-Rockwell 10"ser#ER2606; skew#01318 79.Truck-Old Fleet#304; 1992 Plymouth Laser,vin#4P3CS34T7NE010627 80.Car-Old Fleet#007; 1993 Nissan King Cab pickup;vin#1 N6SD16YXPC385248 81.Car-Old Fleet#325;2001 Ford Crown Victoria;vin#2FAFP71W11X184004 82.Truck-Old Fleet#425-0; 1988 Chev;vin#2GTFK24K9J1532509 83.Truck-Old Fleet#426;1994 Chev,vin#1 GCEC14P2RE293524 84.Car- Old Fleet#122; 1996 Chev Caprice;vin#1 G1 BL52P6TR121900 85.Truck-Old Fleet#525; 1997 Chev pickup;vin#1 GBGC34F4VF031119 86.Truck-Old Fleet#431; 1987 Intemational truck;vin#1 HTLDTVN2HHA24360 87.05-4966;girls Banchi bike, black 88.05-0083;girls NEXT bike, bluetpurple 89.05-7483;boys Huffy 15-spd 26"bike,blue 90.05-8127;Mongoose Racer X childrens bike,black 91.05-8864;boys NEXT Power Climb bike,red 92.05-8956; boys Huffy 20'bike, red 93.05-9059; boys Mongoose Mountain 26'bike,silver 94.05-9955;boys Next Voltage 20'bike,green 95.05-9955;Magna Excitor 21-spd bike,blue 96.05-10461;girls Roadmaster 10spd bike,purple 97.05-11325;girls Sears Free Spirit 10-spd bike, 98.05-11390;Shimano Roadmaster 20"bike,black 99.05-11484;Magna Electroshock bike,chrome/blue 100.05-11484;Schwinn Powermatic bike,green 101.05-11666;boys Mongoose MGX A40 Mountain bike,blue 102.05-12133;girls(brand unknown)bike 21-spd,purple/silver 103.05-12161;boys Magna Refuge BMX bike,yellow 104.05-12284;boys Huffy Mt Storm bike,purple/green 105.05-12383;boys Crusin 26'bike, 18-spd red/black 106.05-13243;girls Diamond Back bike, purple 107.05-13248;boys Huffy BMX bike,blue 108.05-13435;boys Mongoose BMX bike,silver 109.05-13492;boys Fox River bike, 15-spd grey/yellow Sale by Auction Ordinance Page 3 110.05-13710;boys Royce Union BMX bike,orangelsilver 111.05-15348;boys Schwinn bike, 10-spd green 112.05-15353;boys(brand unknown)26'bike blue 113.05-15490;boys Specialized Hard rock mountain bike 114.06-258;Blitz Scooter silver 115.06-631;Eddie Bauer baby stroller, bluelbeige 116.Cretors popcorn machine 117.Two(2)sets Scoreboards/Colorado Timing System 118.Eight(8)Kryotech Touch Pads 119. Kryotech Tec-Timer Timing Clock 120.Kryotech Tec-Start Ser#364 121.Sensation push mower Model#11 L403,Ser#100604,Skew#01369 122.Bobcat push mower 123.Poulan chainsaw Model 260 pro,Ser#98280D300185-3 124. Homelite w/case Model#150 125.Sears 300 watt generator Model#58032013,Ser#0219449 126.Case tractor Model#275,Ser#CCJ0029372,Skew#01385;and Loader Bucket Model#10QA, Ser#CDA0001851 127.Locker cabinet with six lockers 128.Desk with six drawers 129.Table with particle board top 130.Computer—HP Vectra VL400MT,ser#US20703157 131.Computer—HP NetServer#60 PIII/550,ser#US94100199,skew#3007 132.Computer—HP BRIO BA600,ser#US94800008,skew#3022 133. Network Hub—Intel Stackable Hub 330T,ser#HHV196000023,skew#3008 134.Laptop—Gateway,Solo2150,skew#3026 135. Box Misc Computer Equipment,keyboards and mice 136.Box Miisc Computer Equipment,hard drives and PC cards 137.Tape Backup System—HP tape autoloader w/tapes,ser#USOsk00345 Sale by Auction Ordinance Page 4 SECTION 2: Pursuant to said Section 5/11-76-4,the Director of Public Works is hereby authorized and directed to sell the above described personal property now owned by the City of McHenry,to the highest bidder, at a public auction. SECTION 3: Upon payment of the full auction bid price, the City Clerk is hereby authorized and directed to convey and/or transfer title to the aforesaid personal property to the successful bidder. SECTION 4: This ordinance shall be in full force and effect from and after its passage of at least three-fourths of the corporate authorities, and approval in the manner provided by law. PASSED and APPROVED this day of , 2006. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks &Recreation Re: Pay Request for Cooling Landscape Date: August 28, 20o6 RECOMMENDATION To approve payment in the amount of $21,816.0o to Cooling Landscape Contracting of Cherry Valley, IL for the work completed on the McHenry Shores Beach Streambank Stabilization Project. This payment request has been reviewed and recommended by Hey and Associates, Inc. BACKGROUND On January 30, 20o6, the City Council approved the bid for Cooling Landscape Contracting of Cherry Valley, IL in the amount of $21,96o for streambank stabilization along the Fox River at McHenry Shores Beach. At the time the bid was approved, the permit for this work was pending with the U.S. Army Corp of Engineers. Hey and Associates, Inc. was working with the Corp of Engineers to make a determination if any net fill material placed below the ordinary high water level of the Fox River would require additional fill to be removed from the site. The removal of excavated material was not anticipated as part of the project as originally bid. The permit issued by the Corp of Engineers required that additional material would have to be removed and a change order was issued based on the unit prices within the bid in the amount of$2,550. Work was completed in mid June and was reviewed by Hey and Associates, Inc. Due to the delay in the permit process with the Corp of Engineers, placement of the stone material was done at the time the river was at normal pool level. This made it difficult for observation by Hey and Associates, Inc. for work done below the water level. Attached to this consent agenda item is a letter from Hey and Associates, Inc. recommending approval of payment with a retainage of 10% to be held until the rock revetment work can be inspected when the river is drawn down in the fall. Hey and Associates, Inc. Water Resources,Wetlands and Ecology 26575 W. COMMERCE DRIVE, SvrrE 601 BROOSFTELD, WISCONSIN Vow, ILLINOIS 60073 GENEVA,ILLINOIS PHONE (847) 740-0888 FAx (847) 740-2888 August 8, 2006 Mr. Pete Merkel City of McHenry Parks and Recreation 333 South Green Street McHenry, Illinois Project No.: 05162 Re: McHenry Shores Streambank Stabilization McHenry, Illinois Dear Mr. Merkel: As requested, we have reviewed the pay request in the amount of $24,240.00 from Cooling Landscape Contractors (Cooling) dated July 21, 2006 (their invoice #52265). This amount includes the additional work required by the U.S. Army Corps of Engineers. We have also reviewed the construction in the field on August 2,2006. We find that the work appears to have been completed in substantial conformance the approved plan. However, portions of the work were difficult to observe due to the elevated water levels in the Fox River. In addition, based on our prior field review, some work had to be performed below the river's water level making observation of those activities very difficult.Accordingly, we recommend reviewing the work again once the water level in the river drops this fall. That way we can identify the need for any corrective action. We suggest retaining 10% of the total construction cost until that additional field review has been performed, thus making the payment to Cooling $21,816.00 ($24,240.00 x 0.90 = $21,816.00). The 10% retainage ($2,424) could be released once any required corrective action has been satisfactorily performed. Please feel free to contact me should you have any questions or need additional information. Sincerely, Thy Z. Thomas L. Polzin,P.E. Vice President,Civil Engineering 04/19/2006 16:42 FAX 647 740 2868 HEY & ASSOCIATES 1Z002 .lacy and Associates, Inc. Water Resources,Wetlands and Ecology 3637,E W. Couaeoca DEM,Sum 601 DX00Kn=, tiWrscomw Yo,Go,It.MOYS 60078 GENEVA,rLLZZv076 PXoNE (8477 740.0888 FK.7e(847) 740.2888 April 19, 2006 Mr.Pete Merkel City of McHenry Parks and Recreation Department 333 South Grcan Street McHenry,Illinois 60050 Project No,: 05162 ` Re: Change Order No. 1 McHenry Shores Streambank Stabilization)Project Mcklem-y,Miaaois Mr.Merkel - As a result of the rcgWtements of the U.S.Army Corps of Engineers, no riot 01 mate= 1.may be placed below the ordinary high water level of the 1box liver.Accordingly, the pl=s were revised to eliminate any Ell. As a consequence, excess excavated material nerds to be removed from the site.The removal of excavated material was not anticipated as part of the project m originally bid The accepted bid cost of the project waa $21,690.00. The rernoval of the excess excavated material results in an additional cost of$2,550.00.This bLiugs the total project:cost to$24,420,00. 9,copy of the letter from Cooling Landscape is enclosed. Please feel free to tail should you bave any questions or need additional information. Sincerely, l./ Thomas L,.Polzin,P.E.,C 'Vice President—C1vil.Enga,eatizg January 30, 2006 . . Page 4 Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to approve the release of escrow funds,held for underground storage tank removal and site remediation at the Riviera Marina, plus interest amounting to a total of $1.23,400.50; and authorizing -Staff to release.- any L.U.S.T. reimbursement for. the project in excess of $10,000 to William H. and Kenneth R. Bruce; Sellers-. .. Voting Aye: Glab, Sant!, Schaefer,Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None:. Absent: None. Motion carried. AWARD OF BID FOR MCHENRY SHORE BEACH STREAM BANK.STABILIZATION TO COOLING LANDSCAPE CONTRACTING LLC IN THE AMOUNT OF $21,.690 Director of Parks and Recreation Merkel informed Council.the base bid submitted by Cooling Landscape Contracting LLC of Cherry Valley, Illinois, in the amount of 21,69.0, for steam bank stabilization along the Fox River at McHenry Shores Beach, is recommended by Hey&Associates, Inc. Director Merkel stated .Hey and Associates has indicated the project may require some material removal from the site. The Army Corps of Engineers.ls requesting a site visit to inspect the proposed restoration. - The work is proposed as a cut and fill project, which. would not extend the shoreline into the waterway. . it was noted a decision by the Army Corps of Engineers to remove an equal amount of fill from the site could result in additional cost. Hey,and Associates and Staff will be meeting with representatives of the Corps to discuss the design of the project. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to award the bid for the McHenry Shores Beach Stream Bank Stabilization to Cooling Landscape Contracting LLC in the amount of$21,690. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. BUDGET AMENDMENT TO THE CAPITAL IMPROVMENTS FUND, PARKS DONATION FUND, IN THE AMOUNT OF $4853000 FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK AND AWARD OF BID FOR THE DEVELOPMENT OF SHAMROCK FARMS PARK TO DK CONTRACTORS, IN THE AMOUNT OF $482,065.31 Director Merkel reiterated to Council that plans for the development of the Shamrock Farms Park were approved in 2003. A contract was approved with 3D Design Studio on October. 3, 2005 to provide final design, bid specifications and construction services. Director Merkel informed Council that on January 17,.2006 bids were opened for the construction of all facilities in the approved plan. Seven competitive bids were received from regional contractors. Each of the bids was reviewed by Staff who. recommends 1 Cooling Landscape Contractors P.O. Box 506 • Cherry Valley, IL 61016 Phone: 815.332.2380 • Fax: 815.332.3130 CCMCH1 July 21, 2006 INVOICE # 52265 JOB # 26 CITY OF MCHENRY MCHENRY SHORES STRMBNK ST 333 SOUTH GREEN STREET MCHENRY IL 60050-5495 ATTN. QUANTITY UNIT ITEM PRICE EXTENSION 1.00 LS REMOVAL OF EXCESS EXCAVATED MA $2,550.00 2,550.00 1.00 LS EROSION CONTROL $6,500.00 6,500.00 217.00 LF ROCK REVETMENT $70.00 15,190.00 ******************************************************************************** TOTAL DUE $24,240.00 INVOICE # 52265 REMITANCE COPY CONSENT AGENDA TO: Mayor and City Council FROM: Daniel I Marcinko, Director of Public Works FOR: August 28, 2006 Regular City Council Meeting RE: Water Supply Well No. 2 and 3 Rehabilitation ATTACHMENT: Baxter &Woodman's recommendation For final payment Background. At the January 30, 2006 Regular City Council Meeting, the City Council awarded the contract for the rehabilitation of Wells 2 & 3 to Municipal Well & Pump Company for an estimated amount of $45,465.00. The Council may recall, the original contract value was $43,928.00 plus a 3.5% contingency allowance to pay for unforeseen work items. However, the project went as planned and did not require the use of contingency funds. Analysis. Municipal Well &Pump Company has completed the improvements to the wells and is requesting their final payment. The city engineer has inspected the project to assure compliance with the approved plans and specifications and is recommending final payment of $4,224.40 for work performed and material purchased for the project. The following is a cost analysis of the project: Original Contract Amount $43,928.00 Prior Payments (39,703.60) Final Payment $ 4,224.40 The city has received a two-year maintenance warrantee from Municipal Well &Pump Company against all defects in workmanship and materials. Staff has reviewed the request and recommends approval of the final payment. Recommendation. Staff recommends the City Council approve the final pay request from Municipal Well &Pump Company for the rehabilitation of Wells 2 & 3 in an amount of $4,224.40. BAXTER R :�-• (7r', T � August 14, 2006 WOODMAN Consulting Engineers Mayor and City Council ,^rr:CFI, t_;3LIC WO CRY City of McHenry RXSDMT 233 South Green Street McHenry, Illinois 60050-5495 Attention: Mr. Daniel J. Marcinko. Director of Public Works RECOMMENDATION FOR FINAL PAYMENT Subject: City of McHenry— Water Supply Well No. 2 and 3 Rehabilitation Dear Mayor and City Council: The following documents submitted by Midwest Well Services, Inc. dba Municipal Well & Pump, contractor, requesting final payment for work performed and materials purchased for the Project are enclosed: 1. Contractor Sworn Statement dated June 28, 2006, [Estimate No. 2 (Final)] Received August 10, 2006. 2. Contractor SECTION 01640 General Equipment Requirements document which includes the Contractor's Equipment Guarantee for two years ending June 1, 2008. 3. Contractor Affidavit regarding payments to Suppliers and Subcontractors. 4. Well Pump test results after rehabilitation. 5. Final Waivers of Lien: Contractor $ 4,370.48 (4,224.40) Global Pumps 4,370.48 Precision Pipe & Treading 2,004.76 Profab Corporation 1,340.00 6. Contractor letter dated June 28, 2006, as it relates to insurance coverages. 7. Baxter& Woodman. Inc. Notice of acceptability of Work. 8678 Ridgefield Road Crystal Lake,IL 60012 815.459.1260 Fax 815.455.0450 info@baxterwoodman.corn BAXTER Wow Mayor and City Council August 14, 2006 WOODMAN City of McHenry 051519 Page 2 Consulting Engineers The following is our opinion of the final amount now due and payable to Midwest Well Services, Inc. dba Municipal Well & Pump in accordance with the terms of the Construction Contract Documents for the Project: Original Contract amount $ 43,928.00 Final Contract amount $ 43,928.00 Previous payments ( 39,703.60) Final payment amount due $ 4,224.40 The final amount due Midwest Well Service, Inc. is $4,224.40. We appreciate the opportunity to be of service. Very truly yours, BAXTER& WOODMAN, INC. CONSULTING ENGINEERS Darrel R. Gavle, P.E. DRG:mh Enc. C: Contractor C/enc.:Mr. Bradford C. Fink, Assistant Director of Public Works Mr. Jerome A. Johnson, Engineering Inspector Mr. Jon Schmitt, Water Superintendent Mr. Eric J. Murauskas, P.E. (w/o WOL) H:\PROJ\MCHEC\051519\Recommendation For Payment(FINAL).doc CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks 8L Recreation For: August 28, 2006 City Council Meeting Re: Beer/Wine and Special Use Permits RECOMMENDATION To approve the attached request for a Beer/Wine and Special Use Permit. BACKGROUND The attached permit applications have been received in our office with all fees and documentation properly submitted. TConaway/picnic permit consent agenda.doc FOR AUGUST 28, 2006 CITY COUNCIL MEETING Beer/Wine Permit Request Date of Picnic Applicant Address 10/21/06 Kelly Dobner Wedding 1939 N Orleans, 1A, McH Special Use Application Request Date of Picnic Applicant Address 10/21/06 Kelly Dobner Wedding 1939 N Orleans, IA, McH TConaway\picnic permit listing CONSENT. AENDA SU1'PLJMENT To: Mayor and City o Fm: City Clerk Jon For: August 28, 2006 r gul ly scheduled City Council Meeting Re: Block Party Requests Traditionally, during the summer and fall months, the Clerk's Office receives numerous requests for permission to hold block parties within the City limits. The requests usually entail blocking off streets at specific locations within a particular subdivision. The Public Works Department provides barricades. The Fire Department offers a visit by personnel and/or a fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission must be granted. Following council approval, the Police Department Public Works Department, McHenry Township Fire Protection District and the Applicant are notified in writing of the approval. The following Block Party Requests were received and require Council approval: Saturda ., September 9* from 3 p m until midnight Dennis and Amy Whiteside of 306 South Windhaven Court are requesting the closure of Windhaven Court and Windhaven Trail in Winding Creek Subdivision. Saturday. Se,pteMber 16t'(rain date September 23n from 3 p.m. until 11 p.m. Gina Bilinski of 201 Driftwood Trail is requesting the closure of Driftwood Trail from 203 north to the intersection of Driftwood Trail and Bamwood Trail in the Trails of Winding Creek Subdivision. Copies of the requests and PIQ maps are attached for your edification. /kink August 7,2006 To : City Clerks Office—Mayor& City Council Subject: Block Party I am requesting permission to have a block parry on Saturday, September 9th starting around 3:00 PM. The Block Parry will take place in the streets of Windhaven Trail and Windhaven Court. I am also requesting the use of the City street blockades for the duration of the block party. Please let me know how I can have the blockades dropped off. I can be reached at(815) 363-9446. Sincerely yours, Dennis &Amy Whiteside (815) 363-9446 Pax�y 6500 64 0 6300 6200 6100 6000 5900 800 5700 00 SS O 5 5300 5200 SIpO - i- D MALIBU C' M creek• r l a MINDING CREEK si a F1 DR .� CHASE R� m V SHAMROCK FARM yQ + F WINDING CREEK f SUB C PRELIMINARY � } CTQw Q 3 z �i 1 T + I m ' U 4 RD HAYSTACKS GAS STAT10 HOLY � MANOR. AR STLES + + t + t restaurant. CHURCH i 4 — e0� a- t T t r 4 �f 3 t + - U' NUNDA TWP. P RD �- r t 4- i 4' o: z i $ , WESTPORT } t t t -4— RD < 0 TS. 2 0 v 1 RD v 0 1O RAINTREE RIDGE SUB o IRAJNTREE + t 4— 4— + D } m BAY DR ,Aug-11-06 04:03P Rich Bilinski/Horizon Ent 815 344 5917 P.02 August 11, 2006 Janice Jones City Clerk 333 S. Green St. McHenry, IL 60050 Fax (815)3 63-2 12 8 Dear Janice, Another year has come and gone and here we are again. We, the neighbors on Driftwood Trail,would like to request approval of our block party scheduled for Saturday, September 1 b°i (in case of rain our date would be September 23') . We would like to block off the area on Driftwood'frail from 203 Driftwood Trail north to the stop sign at Driftwood&Barnwood. Our party is scheduled to go from 3pm- 11 pm. We would like barricades dropped offas well as a visit from the fire department&police department(the kids-young &old-love this!)_ if there is anything else that you feel would make this block party special that I am unaware of that the city can offer, please feet free to call or email me. Resp tfully, Gina Bilinski 201 Driftwood Trail McHenry,IL 60050 (815) 344-5917 rich&a(a�,sbcglobal.net s1 f31Cin � � 3 10Oc r*y Q y 90 B 00 4800 4700 OREGO 4500 4400 4300 4200 4100 4000 900 36.00 3700 ..3600 350 N TR SEE PG 36 /.4 TR D 'lr Cp CRY to SUPER a ,+. .,H. KN OXA. eke TR BUSS 8 `` K 0 t 0 OTEL 0 FORD H "0Q O V / O �4 LgNp >r PARK - .. PO0 PQ N0 G 0(v,y T R o RIVERWOOD ��, QNo. -MOWENRY o t'., :;,:; : ,u';;:y Ll ELEM. SCHOOL f y GLENBROOK �Q R z m I Gt o t CITY NORTH u.KRESSWO I BANK DR HAL BROOKW000 COLONIAL FUNERAL C 0 'r HOME �. sburHo KREss w000 BULL VALLEY w RD ChIARLEs R. Mt cc CENTEGRAJF OL BULL VALLEY 3Q z 0 8 J a HEALTH■ i � RD m (n NICOLINOS ME 1 AL C N ECARE m ELLEN AV REST. R OR ST.PATRICKS O CENTEGRA CEMETERY c EMERGENCY GLS CORP N.I.M.0 45 DAYCARE DORCHESTER PL 8 RIDGEVIEW !� J m .PEBBLE CREEK a PROFESSIONAL INLAND O BUSINESS u PLAZA OR WESTMIN5TER P J 0 PARK GENEVA PL w IRISH PRAIRIE SHAMROCK LN PEBBLE Z VINE Op C PITDAL MANORS CREEK m BRIGHTO.N PL J, O I I B GAR LANG rt O HO MEDELA ' BISCAYNE 0 C tr FOLLETT a O 0 0 ,LIBRARY 0 RESS NE NUN DA TWP N �"-<,D INC. CHROMA 3 McHENRY BRAN DAYTON CORI? W CORPORATE TH CENTER FOLL PARTS PIONEER F F- C< 8 I j SOFT TONYAN CENTER— N LENCO m WARE 'INDUSTRIAL WELEC. G RIDGE - p � VIEW M E A Co. INC. PARK � OTLELEC. INC MA$JBCOIL 0w Z PA K AY SPRING L PRIME SSH ALBANY , ST JAFRATE cr RAE IND, • pURA WAX' V' O PAWS � LOGISTICS ■ COOP I i 0 1 _' MEDCOR FOODS .1*ADWAY AFABRIR POLYMER INC. Hd POINT COLOR S HI POINT w RD . EBARS B STEEL $us W CO. II O T T t 4- 4- 0 0 m +- 1 4- a- ♦ + 0 9 L + + + rt 1 t ► t t � 0 0 0 N S + .1- } t 7 �- REGULAR MEETING AUGUST 7, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 7, 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 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, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: None. Mayor Low introduced and welcomed Finance Director Christopher Black who began his employment with the City today. PUBLIC HEARING: FOURTH AMENDMENT TO BUSCH-KNOX ANNEXATION AGREEMENT Mayor Low reconvened the Public Hearing at 7:32 p.m. for the proposed Fourth Amendment to the Busch-Knox Annexation Agreement. She noted this Hearing was originally scheduled for July 31, 2006 and was recessed to this evening's meeting. Alderman Condon left the Council Chambers at 7:33 p.m. Director of Community Development Napolitano stated the Busch-Knox Property was annexed to the City in 1995. The property is located south and east of the Municipal Center. Since its annexation, there have been three approved amendments to the Busch- Knox Annexation Agreement. This evening Professional Realty and Development Corporation (PRDC), developer of the portion of the property on which Angelus East is situated, is seeking a fourth amendment to the agreement to allow the following modifications: Paragraph 2, Zoning: Following the amendment to the annexation agreement an ordinance shall be adopted approving a conditional use permit to allow a nursing home and a variance to allow multiple buildings on a zoning lot in order to allow the construction of a 36-bed memory care facility. Paragraphs 3 and 4, Charles Miller Road Access: The applicants will continue to use the existing access drive until such time that the City constructs Valley Road. The applicant will then convert this access to emergency-only access, abandon the existing emergency access, and construct a driveway access to Valley Road. Paragraph 5 and 6, Right-of-Way Dedication: The applicant will dedicate 15 feet of right-of-way along Charles Miller Road for the future road widening. The applicant will also dedicate 30 feet along their southeastern property line to allow for the construction of Valley Road. Director Napolitano noted the Planning and Zoning Commission, at a Public August 7, 2006 Page 2 Hearing held on July 6, 2006, unanimously recommended approval of the requested conditional use permit and variance. In attendance were Jeremy Shaw, an attorney with Zanck, Coen and Wright; Gene and Virginia Gulley, principals with PRDC; Phil Wall, architect; James Condon, Condon Consulting Engineers; and Chet Burdine, on-site manager. Ms. Gulley provided Council with a summary/history of the existing facility on the Angelus East campus. She also outlined the special features of the proposed memory care facility. Ms. Gulley noted the facility will be designed specifically for those who suffer from dementia. Mayor Low opened the floor to questions and/or comments from Council. Alderman Santi inquired if the memory care facility would possibly be expanded in the future. Mr. Wall stated there is no intention to increase the size of the facility at this time. Alderman Santi made inquiries regarding management of the facility and age- restrictive requirements. Ms. Gulley responded there would be onsite management. The facility would be restricted to those 55 and older. Alderman Glab inquired about parking requirements. Gene Gulley assured Council the plan exceeds parking requirements. He also reminded Council a land bank has been set aside for future parking needs if and when the use of the site would change to one requiring more parking. The land continues to be held in reserve. Mr. Condon acknowledged parking meets the requirements of the original annexation agreement for this property. Alderman Schaefer inquired about visiting hours at the new facility and inquired how existing traffic patterns on Charles Miller Road might be impacted. Mr. Burdine responded visiting hours would coincide with those of the current facility and would provide no discernible impact on Charles Miller Road traffic. In response to Alderman Murgatroyd's inquiry, Mr. Burdine noted the Sunrise Home in Crystal Lake is the nearest similar facility. Alderman Glab inquired if there would be any adverse impact on drainage in the area. Director Napolitano responded additional storage in the detention/retention areas would alleviate any drainage issues. In response to Mayor Lows inquiry, there were no questions or comments from the audience. City Clerk Jones stated no written or oral comments were received relative to this public hearing. August 7, 2006 Page 3 Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:51 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. The Public Hearing was closed at 7:51 p.m. Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance amending the Busch-Knox Annexation Agreement as follows: Paragraph 2, Zoning: Following the amendment to the annexation agreement an ordinance shall be adopted approving a conditional use permit to allow a nursing home and a variance to allow multiple buildings on a zoning lot in order to allow the construction of a 36-bed memory care facility. Paragraphs 3 and 4, Charles Miller Road Access: The applicants will continue to use the existing access drive until such time that the City constructs Valley Road. The applicant will then convert this access to emergency-only access, abandon the existing emergency access, and construct a driveway access to Valley Road. Paragraph 5 and 6, Right-of-Way Dedication: The applicant will dedicate 15 feet of right-of-way along Charles Miller Road for the future road widening. The applicant will also dedicate 30 feet along their southeastern property line to allow for the construction of Valley Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Low. Voting Nay: None. Absent: Condon. Motion carried. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance granting a conditional use permit and variance to allow multiple buildings on a zoning lot for a memory care facility on the Angelus East property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. Alderman Condon returned to the Council Chambers at 7:54 p.m. August 7, 2006 Page 4 TEN MINUTE PUBLIC INPUT SESSION Tim McCann of 3507 Broad Street addressed Council regarding the Oakridge Properties proposed strip center to be constructed at the northeast corner of Pearl Street and Route 31. Mr. McCann stated he lives directly behind the proposed development. He has concerns regarding the design of the development and noise issues. Mr. McCann also expressed concern regarding traffic, safety of pedestrians and children. He does not believe the area is conducive to this type of development. Beth Taylor of 1501 North Green Street addressed Council regarding Oakridge Properties development. She expressed concerns for her children who go to Montini School. She also noted her concerns regarding light pollution and reiterated what Mr. McCann stated. Carol Cooney of 1313 North Richmond Road addressed Council regarding Oakridge Properties development. Ms. Cooney noted other projects by this developer have not been constructed in residential neighborhoods. She provided Council with a photo of the proposed development. Ms. Cooney also read aloud a portion of the Zoning Ordinance regarding elected officials responsibility to their constituents. CONSENT AGENDA Alderman Santi requested Consent Agenda Item D, Approval of Council Minutes of the July 31, 2006, be removed for further clarification. He requested the Clerk include the following phrase in his statement regarding the approval of the application for Honorary Street Sign: "and also that in my mind it will serve as a symbol of honoring all men and women of the McHenry community who have died in the line of duty defending our country". Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as amended: A. Approve request for special event liquor license, temporary use permit, temporary signs, and waiver of all associated fees — St. Paul's Episcopal Church; B. Approve Block Party requests: Cindy Smith, Riverside Hollow Subdivision; Jennifer Bantner, Green Valley Subdivision; C. Approve Picnic Permit requests; E. Approve list of As-Needed Checks: AFLAC 2,230.96 BENEFIT SYSTEMS 6 SERVIC 23,520.43 BRUCE, KENNETH 123,400.50 CLOWNING AROUND ENTERTAI 272.88 COUNTY CLERKS OFFICE 10.00 DEKALB SWIM TEAM 300.00 ENCHANTED CASTLE 540.00 FOP UNITS I/II 2,014.00 HOLIDAY INN 70.00 HOME DEPOT/GECF 1,365.08 HOME STATE BANK 2,665,000.00 ILEETA 40.00 ILLINOIS DEPARTMENT OF P 1,078.00 J 6 H VIDEO PRODUCTIONS 480.00 August 7, 2006 Page 5 LEADERSHIP GREATER MCHEN 2,000.60 MCGUIRE AQUATICS 182.00 NCPERS GROUP LIFE INS. 335.00 PETTY CASH FUND 170.75 POSTMASTER MCHENRY IL 981.10 SAFARI LAND LLC 475.00 SECRETARY OF STATE 75.00 SECRETARY OF STATE / POL 78.00 SIX FLAGS GREAT AMERICA 5,016.64 ST AUBIN NURSERY INC 8,860.00 STAPLES BUSINESS ADVANTA 99.99 UNITED PARCEL SERVICE 115.18 UNITED STATES LIFE INSUR 1,250.10 VOA ASSOCIATES INC 72,850.06 WALMART COMMUNITY 866.16 WOODSTOCK SWIMMING ASSOC 672.00 GRAND TOTALS 2,914,348.83 FUND TOTALS GENERAL FUND 528,450.73 PAGEANT FUND 480.00 ANNEXATION FUND 300,000.00 DEVELOPER DONATION FUND 250,000.00 TIF FUND 72,850.06 WATER/SEWER FUND 295,647.11 CAPITAL DEVELOPMENT FUND 123,400.50 UTILITY IMPROVEMENTS FUND 1,320,000.00 EMPLOYEE INSURANCE FUND 23,520.43 TOTALS 2,914,348.63 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ENGINEERING SERVICES AGREEMENT FOR DESIGN OF 4.6 MGD SOUTH WASTEWATER TREATMENT PLANT EXPANSION — SMITH ENGINEERING CONSULTANTS, $1,780,000 Director of Public Works Marcinko reminded Council at its October 17, 2005 regularly scheduled meeting, Staff was directed to move forward with the consolidation of the City's wastewater needs at the SWWTP. He noted the recommended alternative is to construct a new treatment facility adjacent to the existing SWWTP and ultimately take the existing Central Plant out of service. Director Marcinko stated the agreement before Council for consideration this evening is for the design of the new plant and represents a lump sum contract in the amount of $1,780,000 or approximately 8% of the estimated construction project. Director Marcinko stated the cost for the engineering services has been analyzed and confirmed to be within the typical fees for this type of design contract. Director Marcinko stated it is StafFs recommendation to approve the engineering services agreement with Smith Engineering Consultants for the design of the new 4.5 million gallons per day (mgd) South Wastewater Treatment Plant expansion in the amount of $1,780,000. Director Marcinko noted Robert Wegener of Smith Engineering Consultants was in attendance and would be available to respond to any questions regarding this matter. Alderman Peterson inquired if the design of the lift main and pumping station would August 7, 2006 Page 6 ` be addressed in a separate agreement. Director Marcinko acknowledged that is correct. Two different types of construction were being utilized and therefore each would have a separate design contract. Alderman Condon verified that 8% of the construction cost was reasonable for engineering design fees. Director Marcinko noted the amount would actually be closer to 7%. Staff has determined the engineering design fees are reasonable. Mr. Wegener stated there are various environmental concerns which are unknown quantities at this time. These issues are unknown variables when constructing a wastewater treatment plant. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve an Engineering Services Agreement for the design of the new 4.5 mgd South Wastewater Treatment Plant expansion in the amount of$1,780,000. Alderman Glab opined $1.8 million is an extremely high amount of money for an engineering contract. He feels it is too excessive and he cannot support its approval. He suggested the engineering services should be put out for bid. City Administrator Maxeiner noted by State law a municipality is not allowed to bid for engineering services. Alderman Murgatroyd inquired about the cost of the entire project. Director Marcinko responded the cost of expansion is anticipated between $25 and $27 million. Alderman Murgatroyd stated he would be uncomfortable going to another firm at this stage. He is not willing to look at other engineering firms for this service. Alderman Murgatroyd stated he would prefer it if the cost was reduced. He did note this is the largest project ever undertaken by the City. It needs to be undertaken by a firm knowledgeable regarding the entire process. Alderman Peterson requested information regarding the timetable of the project and an explanation regarding the additional cost. City Administrator Maxeiner suggested postponing Council action on this matter until additional information is brought before Council. The motion was withdrawn. APPROVE ORDINANCE ADOPTING UPDATES TO BUILDING CODES Director Napolitano reminded Council a proposal to update the City's Building Codes was presented in June 2006. Following Council's consensus to update the Codes, the ordinance providing for the updates was submitted to the Illinois Building Commission for review and approval. The Illinois Building Commission recently notified the City it has reviewed and endorsed the proposed changes. Staff is therefore recommending the approval of an ordinance updating the City Building Codes effective October 1, 2006 as follows: August 7, 2006 Page 7 International Building Code 2000 International Residential Code 2000 International Fire Code 2000 International Mechanical Code 2000 National Electric Code 1999 International Fuel Gas Code 2000 International Energy Conservation Code 2000 International Property Maintenance Code 2000 Illinois State Plumbing Code Current Edition ,Illinois Accessibility Code Current Edition. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve an ordinance updating the City Building Codes as follows with an effective date of October 1, 2006: International Building Code 2000 International Residential Code 2000 International Fire Code 2000 International Mechanical Code 2000 National Electric Code 1999 International Fuel Gas Code 2000 International Energy Conservation Code 2000 International Property Maintenance Code 2000 Illinois State Plumbing Code Current Edition Illinois Accessibility Code Current Edition Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING ZONING ORDINANCE CHAPTER IX. SIGNS Director Napolitano reported the Community Development Committee began review of the City's Sign Code in 2005. It was the consensus of the Committee significant changes to the Sign Code should be considered. A Public Hearing before the Planning and Zoning Commission was held on February 2, 2006. It was the unanimous recommendation of the Commission to approve an amendment to the Zoning Ordinance providing for revisions to the Sign Code as outlined below: a) Exempt Signs: Add a category for City-sponsored event signs, such as band concerts, farmer's markets, park departmental programs, etc. b) Prohibited Signs: Prohibit use of neon lighting and video screen signs. c) Nonconforming Signs: Allow any nonconforming sign to continue for a period of seven years. After seven years, a nonconforming sign can remain on site provided an annual fee is paid. The fee would cover annual sign inspection and would be used for aesthetic enhancements along roadways. If a site having a nonconforming sign is vacant for 90 consecutive days or changes occupancy, a new sign must be installed in conformance with the sign regulations. August 7, 2006 Page 8 d) Sign Permits: Landscaping is required at the base of any new free-standing signs. e) Sign Design: Changing electronic message signs and display board signs cannot exceed 33% of the total sign area. f) Table 18: The Sign Table was redesigned for ease of understanding. The major changes to the table relate to shopping center use. Proposed language would allow an additional wall sign for corner tenants in multi-tenant buildings and for the rear fagade of users in multi-tenant buildings. Also, single users on outlot parcels (i.e. fast food, video, etc) would be allowed one free-standing sign 32 sf in size and six feet in height. Larger shopping centers would be allowed a larger free-standing sign, while smaller centers would have a smaller sign. Temporary signs would still be allowed but only four times per year. g) Definitions: Certain definitions have been eliminated, added and clarified to better represent the types of signs addressed in the text. Alderman Condon thanked Staff for their efforts in streamlining the Sign Code. Alderman Santi concurred. Alderman Glab expressed his support of the Sign Code revisions. Alderman Schaefer noted he had concerns regarding the live moving signs such as student car washes, Liberty tax service, etc. He opined this should be addressed in the "moving sign" definition. Director Napolitano responded these signs would be included in the moving sign" category. Alderman Peterson inquired about the proposed fee for nonconforming signs. Director Napolitano responded the annual fees are contained in the Nonconforming Signs portion of the Sign Code. Alderman Glab inquired if first amendment rights would be violated as a result of adopting the new Sign Code, particularly regarding the moving signs. Attorney McArdle responded this issue would be addressed if it occurs. Motion by Condon, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to pass and approve an ordinance amending the City of McHenry Zoning Ordinance Chapter X, Sign Code, as presented. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported last Thursday was to have been the final City Band Concert of the season. However, Staff has arranged for additional performances on August 10, August 17 and August 24. This week's featured vendor is Culver's. The Farmer's Market will also continue on Thursdays from 3:30 p.m. until 7:30 p.m. through August 24. August 7, 2006 Page 9 COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Peterson announced a Committee meeting has been scheduled for Wednesday, August 9, 2006 at 7 p.m. in the Council Chambers. The Parks and Recreation Master Plan will be discussed. The public is encouraged to attend. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:41 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:41 p.m. MAYOR CITY CLERK REGULAR MEETING AUGUST 14, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 14,. 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, G1ab, Schaefer, Murgatroyd, Wimmer and Condon. Absent: Peterson. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Chief of Police O'Meara, Deputy Clerk Kunzer, Assistant Administrator Martin, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: Director of Public Works Marcinko, City Clerk Jones. TEN MINUTE PUBLIC INPUT SESSION Pam Gough of 3615 Freund Avenue addressed Council regarding the Oakridge Properties development at the northeast comer of the intersection of Route 31 and Pearl Street. Ms. Gough stated she has lived in the area all of her life and opined the proposed commercial strip center is not a good fit. She noted the area's children, school, and,church would be endangered by the construction of such a development. She cautioned Council regarding the approval of this development, noting commercial development is better placed north on Route 31. CONSENT AGENDA Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as presented: A. Approve agreement for lease of Main Street Metra Commuter Lot - Union Pacific Railroad; B. Approve Picnic Permits; C. Approve City Council Minutes: July 31, 2006 regularly scheduled meeting; D. Approve List of Bills: A-ABLE ALARM SERVICE INC 82.25 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,580.44 ADAMS ENTERPRISES INC, R 238.27 ADAMS OUTDOOR POWER EQUI 98.25 ADAMS STEEL SERVICE INC 2,994.00 ADAMS, JOHN 210.00 ADVANTAGE EAP 5,889.00 AFLAC 2,230.96 ALEXANDER CHEMICAL CORP 2,830.42 ALEXANDER EQUIPMENT COMP 326.93 ALEXANDER LUMBER CO 148.09 AMERICAN WATER WORKS ASS 45.50 ANDERSON TREE SERVICE IN 1,666.00 AQUAPREP 7,425.00 ARAMARK WORK APPAREL & U 458.69 AT&T 5,361.39 S&W CONTROL SYSTEMS INTE 8,404.62 BASTIAN, THOMAS P 1,895.00 BAXTER 6 WOODMAN 55,671,73 BENEDETTI, EUNICE 32.00 BENTZ, DON 109.00 BERGGREN, LEE 415.00 BEST WAY 24 HOUR TOWING 50.00 BIRK, JOHN 37.49 BONCOSKY OIL COMPANY 27,772.40 August 14, 2006 .Page 2 BONESTROO DEVERY & ASSOC 1,642.50 BOTTS WELDING & TRUCK SE 46.00 BREMER, CURTIS H 400.00 BRIGHT INSIGHT COMPUTER 125.00 BROGAN, WILLIAM J 92.40 BUILDING & FIRE CODE ACA 265.00 BULL VALLEY BP 27.00 BURTON, ALAN 46.00 BUSS FORD SALES 362.56 BUTLER, .JENNIFER 32.00 CARLSON & SONS 30.00 CARQUEST AUTO PARTS STOR 876.72 CB&I CONSTRUCTORS INC 45,132.12. CDW GOVERNMENT INC 3,799.16 CELESKI, CATHY 210.00 CENTEGRA OCCUPATIONAL ME 767.00 CHAPEL HILL FLORIST INC 83.00 CHEMICAL PUMP SALES AND 214.40 CHICAGO INTERNATIONAL TR 249.86 CID NET SOFTWARE INC 2,000.00 CINTAS CORPORATION #355 867.68 CLIFFORD-WALD 99.59 CLOWNING AROUND ENTERTAI 272.87 COMED 53,269.32 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 20.95 CONSERV FS 396.12 COPS TESTING SERVICE INC 1,880.00 CRESCENT ELECTRIC SUPPLY 104.26 CUNNEFF, KATHY 83.00 CURRAN CONTRACTING COMPA 1,761.23 D'ANGELO NATURAL SPRING 50.75 D'S MARINE SERVICE INC 2,983.39 DELISI, PHIL 72.00 DELL MARKETING LP 1,549.74 DELLO BASKETBALL SCHOOL 3,060.00 DENNISON CORPORATION 19,318:00 DILLON, JOHN 276.00 DISCOUNT SCHOOL SUPPLY 76.31 DON'S TOWING 875.00 DREISILKER ELECTRIC MOTO 1,287.74 DURA WAX COMPANY INC, TH 25.70 ED'S RENTAL & SALES INC 577.50 EISERMAN, JERRY 60.49 EJ EQUIPMENT 590.04 FALCON ASSOCIATES INC 45.00 FAMILY TAILOR SHOP 32.00 FAST EDDIES CAR WASH 97.95 FISCHER BROS FRESH 2,867.50 FLESCH COMPANY INC, GORD 143.95 FOTO FAST 7.25 FOXCROFT MEADOWS INC 741.52 FRANKLIN, JAMES B 288.00 FREELOVE, JULIE 72.00 FREUND, ROBERT L 625.00 ' FRIEDLE, JEFFFREY M 80.44 G IMPRESSIONS INC 512.55 GALLS INCORPORATED 372.92 GIBSON GOOD TOOLS INC 107.15 GILLETTE PARADE PRODUCTS 600.00 GITZKE, WILLIAM 415.00 GOLD MEDAL PRODUCTS 2,277.96 GREAT LAKES FIRE & SAFET 376.80 GREENSTREET, KATHY 15.00 GROWER EQUIPMENT & SUPPL 638.52 GURRIE, LETITIA 186.20 HACH COMPANY 281.80 HALOGEN SUPPLY COMPANY 2,368.10 HANSEN'S ALIGNMENT, DON 65.00 HARRIS, TIMOTHY 347.18 HAYDEN LANDSCAPING & MAI 10,600.00 HERITAGE-CRYSTAL CLEAN 145.43 HETTERMANN, KATHLEEN 179.65 HEY AND ASSOCIATES INC 1,060.75 ILLINOIS DEPARTMENT OF P 35.00 ILLINOIS FBI NA 40.00 ILLINOIS GFOA 225.00 August 14, 2006 Page 3 ILLINOIS MUNICIPAL LEAGU 20.00 IMAGE MASTER 1,418.75 INDUSTRIAL/ORGANIZATIONA 261.00 IPELRA 525.00 IPMA-HR 315.00 IPRA 345.00 JENSEN, LAURIE 55.00 JEWEL/OSCO 30.0A JIVE TURKEY TECH CENTER 30.00 JP MORGAN TRUST COMPANY 225.00 JULIE INC 452.50 JUSKE, TED 24.50 KALE UNIFORMS INC 1,987.30 KAY PARK-REC CORP 1,832.00 KENO & SONS CONSTRUCTION 175,815.00 KIMBALL MIDWEST 505.38 KIRCHNER FIRE 49.50 KONIECZNY, KRISTEN 51.00 KRANZ, ANNE 67.00 KTD INC 141.49 LAKESIDE PEST CONTROL SE 91.00 LAMZ, TRISTA 18.82 LANDMARKS PRESERVATION 40.00 LANG PONTIAC-CADILLAC-SU 836.30 LAVIGNE, SHIRLEY 13.23 LEACH ENTERPRISES INC 71.85 LEONARDI'S FOOD SPECIALT 2,806.50 LEWYCKYJ, RUTH ANN 42.00 LOCKER'S FLOWERS 89.60 LUMBER, ROBERT 1,805.44 LYND, KATHLEEN 45.00 MAIRE, LISA 1,500.00 MARTENSON, LYNN G 36.19 MARYS FLOWERS & GIFTS 41.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 5,508.02 MCCARTHY, SUSAN 95.00 MCCARTHY, THOMAS M 1,076.20 MCHENRY ANALYTICAL WATER 1,381.00 MCHENRY AREA YOUTH COMM 6,000.00 MCHENRY COMMUNITY HIGH S 6,487.00 MCHENRY COMMUNITY SCHOOL 9,568.50 MCHENRY COUNTY COLLECTOR 22,570.05 MCHENRY COUNTY GLASS & M 120.66 MCHENRY COUNTY SUPPLY IN 1,322.28 MCHENRY FAVORITE SPORT C 18.42 MCHENRY NAPA 1,177.46 .MCHENRY PRINTING SERVICE 766.25 MCHENRY PUBLIC LIBRARY 521.00 MCHENRY SCHOOLS TRANSPOR 1,880.67 MCHENRY SPECIALTIES 383.00 MCHENRY TOWNSHIP FIRE PR 144.00 MEADE ELECTRIC COMPANY I 104.28 MEIJER STORE 30.00 MELROSE PYROTECHNICS INC 20,000.00 MENARDS - CRYSTAL LAKE 591.94 MEYER JR, DONALD 480.00 MEYER MATERIAL COMPANY 727.45 MID AMERICAN WATER OF WA 4,216.80 MIDCO 218.75 MIDWEST METER INC 3,663.90 MINUTEMAN PRESS OF MCH 2,074.71 MOBILE OFFICE DESIGNS IN 3,440.74 MOORE, KEVIN 122.50 MOOTE, JAKE 60.00 MORALES, OMAR 233.36 MOTOROLA 1,254.00 MUNICIPAL CLERKS OF 70.00 MUNICIPAL WELL & PUMP CO 4,243.90 MUNIMETRIX SYSTEMS CORP 2,670.00 MURDOCK SUPER SECUR 1,878.81 NATIONAL ARBOR DAY 15.00 NATIONAL WATERWORKS 679.00 NCL OF WISCONSIN INC 826.24 NET SPECIALISTS INC 302.46 NEXTEL COMMUNICATIONS 2,332.53 NICOR GAS 551.91 August 14, 2006 Page 4 NOOTENS, LYDIA 15.00 NORTH EAST MULTI-REGIONA 1,500.00 NORTH SUBURBAN WATER 30.00 NORTHERN BALANCE & SCALE 2,499.20 NORTHERN ILLINOIS MEDICA 414.25 NORTHERN TOOL & EQUIPMEN 219.46 NORTHERN VMS LLC 1,060.00 NORTHWEST ELECTRICAL SUP 99.60 NORTHWEST HERALD 210.60 NORTHWEST NEWS GROUP OF 1,722.75 NWBOCA 45.00 OCCUPATIONAL FOOTWEAR CO 110.00 OFFICE DEPOT INC 256.61 OHLIN SALES INC 107.42 ORIENTAL TRADING CO INC 139.90 PACE 20,225.86 PAPA JOHNS PIZZA 166.00 PAPA SAVERIOS 180.97 PAYLINE WEST INC 247.68 PECHOUS, ROGER 370.86 PEPSI-COLA GENL BOT 2,869.85 PICA, STEPHANIE 50.00 PITNEY BOWES INC 265.00 PRECISION SERVICE & PART 1,263.96 PRECISION SHARPENING 86:60 PRO PLAYER CONSULTANTS I 1,080.00 QUILL CORPORATION 149.99 QUINLAN PUBLISHING CO IN 147.00 R & S DISTRIBUTORS INC 519.60 RADICOM INC 348.69 RADIOSHACK CORPORATION 79.99 RAYCRAFT-PITEL SEPTIC IN 2,275.00 REGNER, WILLIAM J 58.56 RESERVE ACCOUNT 1,500.00 RICCI, DONNA 54.45 RINGWOOD BP. 36.00 RIVERSIDE BAKE SHOP 36.42 ROC CONSTRUCTION SUPPLY 83.08 ROGERS, CHRISTINE 190.00 ROSS OF LINCOLN AV, BETS 1,224.00 ROTARY CLUB OF MCHENRY 378.78 ROTH, CORKI E 1,754.92 ROWE, HERBERT W 825.00 S&S WORLDWIDE INC 723.47 SACCHITELLO, MICHELLE 50.00 SBC LONG DISTANCE 44.88 SCHATZ, DONALD L 390.00 SCHOOL SPECIALTY INC 311.52 SCHWEITZER, BRIAN H 150.00 SCHWINGBECK, R 20.00 SETTLERS HILL RDF 11,418.47 SEXTON, ERIC M 41.9$ SHAMROCK SUBS 139.98 SHERMAN MECHANICAL INC 934.53 SNICK SCHOOL SUPPLY 124.06 SIMPLEX GRINNELL LP 5,146.08 SMITH ECOLOGICAL SYSTEMS 19,045.00 SMITH ENGINEERING CONSUL 264,665.79 SOLUTIONS WIRELESS 42.98 ST PAULS EPISCOPAL CHURC 453.75 STANS OFFICE TECHNOLOGIE 526.40 STAPLES BUSINESS ADVANTA 185.34 STERNBERG LANTERNS INC 2,020.08 TACHENY, AMY 10.00 TAMIS CORPORATION, THE 1,919.00 TATE-GEREBIZZA, SHIRLEY 30.00 TAYLOR STREET PIZZA 320.00 TECHDEPOT 5,729.12 TEMPLE DISPLAY LTD 7,777.24 THINK INK INC 577.94 THOMAS TRUCKING INC, KEN 690.00 THOMPSON ELEVATOR INSPEC 229.00 THREE D DESIGN STUDIO LL 792.59 TOBIN, TRACY 21.45 TRAFFIC CONTROL & PROTEC 1,785.43 TRANSCHICAGO TRUCK GROUP 43.84 TURF PROFESSIONALS EQUIP 111.24 August 14, 2006 Page 5 ULANOWSKI, MARK 650.00 UNITED LABORATORIES 799.43 UNITED PARCEL SERVICE 16.00 UNRUH, BRETT 122.50 USA BLUEBOOK 327.52 VECCHIO, NANCY 250.00 VIKING CHEMICAL COMPANY 5,277.45 VILLAGE SQUIRE OF MCHENR 322.23 VLCEK, PEGGY 139.46 VOLO DYNE LLC 16,178.00 WATER SOLUTIONS UNLIMITE 2,860.00 WATER WORKS INC 100.00 WILLIAMS BROTHERS CONSTR 44,847.00 WILTBERGER, LIZ 145.00 WIRCH, STEVE 79.84 WIRTZ, PAT 73.50 WITT, CINDY 34.27 WOOD, HOLLY 211.68 YOUNG REMBRANDTS INC 180.00 ZARNOTH BRUSH WORKS INC 139.00 ZELLER, ELIZABETH 13.58 ZMT INC 690.81 ZUKOWSKI ROGERS FLOOD 6 7,069.15 ZURFLUH, JONNA 145.00 GRAND TOTALS 1,059,207.22 FUND TOTALS GENERAL FUND 286,973.07 PAGEANT FUND 3,353.15 ANNEXATION FUND 16,122.00 DEVELOPER DONATION FUND 3,732.15 TIF FUND 37,113.02 DEBT SERVICE-1997A FUND 225.00 CAPITAL IMPROVEMENTS FUND 15,466.29 WATER/SEWER FUND 194,039.17 UTILITY IMPROVEMENTS FUND 418,496.38 MARINA OPERATIONS FUND 2,983.39 RISK MANAGEMENT FUND 2,809.98 INFORMATION TECHNOLOGY FUND 11,060.83 RETAINED PERSONNEL ESCROW 66,832.79 TOTALS 1,059,207.22 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. APPROVE REQUEST FOR TEMPORARY USE PERMIT FOR "BATTLE OF THE BANDS" FUNDRAISER—WAL_MART, 2019 NORTH RICHMOND ROAD Director of. Community Development Napolitano stated McHenry Wal-Mart is seeking permission for a temporary use to host a "Battle of the Bande fundraising event on. Friday, August 25, 2006. Director Napolitano stated the date has been moved back one week. Initially, the request was made for August 18, 2006. In the past, McHenry Wal-Mart has been one of the largest fundraisers for the Children's Miracle Network. Director Napolitano noted Staff has suggested the stage area be moved from the southwest comer of the building (facing the apartments along McCullom Lake Road) to the western side of the building (with the stage facing west) so noise pollution would not be an issue for residents in the apartment buildings. Wal-Mart has concurred with Staffs suggestion. Responding to Alderman Santi's inquiry, Director Napolitano stated Northtown Auto has been apprised of the proposed event. August 14, 2006 Page 6 Alderman Glab opined even if the stage area is moved further to the west, the stage might be directed to the south causing noise pollution for the apartment dwellers. He suggested the concert area be reduced in size. City Administrator Maxeiner clarified the stage would be turned so that it is facing west and should not impact the apartment building residents. Alderman Glab stated the stage should be set back behind the lane which runs in front of the building so as not to cause an onsite traffic flow problem. Responding to Alderman Schaefer's inquiry, Director Napolitano noted the speakers would be facing west. Director Napolitano also assured Alderman Schaefer Staff would work with Wal-Mart to assure the access between Northtown Auto and Wal-Mart is not blocked due to the event. Alderman Condon expressed concern that the bands would provide music which is appropriate to all ages, particularly as this is a public event out of doors. She requested information regarding the participating bands be provided to Council via the Friday Report. She opined the type of music and appropriate lyrics which could be enjoyed by all age groups is imperative as this is an out of doors event. Motion by Sand, seconded by Schaefer, to accept Staffs recommendation to approve the request for a temporary use permit for a "Battle of the Bands" fundraising event to be held on Friday, August 25, 2005 at the McHenry Wal-Mart located at 2019 North Richmond Road, subject to the following conditions: 1. the event shall be held on the west side of the building, behind the front building line; 2. the stage and speakers shall face west; 3. the McHenry County Department of Health shall approve the sale of food and beverages for the event; 4. Council shall be provided with and approve a list of bands which will perform at the function. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVE ORDINANCE PROVIDING FOR THE ISSUANCE OF $2.995 MILLION IN GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE) BOUNDS, SERIES 2006, FOR THE PURPOSE OF CONSTRUCTING PHASE 1 MCHENRY RIVERWALK City Administrator Maxeiner introduced Daniel Forbes of Speer Financial who has been advising the City on the bond issue. City Administrator Maxeiner stated the City Council on July 10, 2006 approved an ordinance authorizing the issuance of General Obligation Bonds, Series 2006 in the amount of $2.995 million for the purpose of constructing the McHenry Riverwalk Phase I. The bond opening was held today. August 14, 2006 Page 7 Mr. Forbes addressed Council stating the results of the bond opening were extremely favorable. Mr. Forbes noted nine bids were received and all were extremely competitive. Local banks were involved in conglomerates submitting bids. He noted the low bid was submitted by a Harris N.A. conglomerate with a true interest rate of 4.0684%. An ordinance providing for the issuance of the bonds reflecting the low bid true interest rate has been prepared and is provided to Council for consideration this evening. Mr. Forbes stated the debt service schedule should be covered by TIF funds. Alderman Murgatroyd requested clarification regarding why no year 2015 payment is indicated in the debt service payment schedule. Mr. Forbes responded year 2015 payment is actually combined with year 2016, although each year's payment would be made independently. City Administrator Maxeiner assured Council the plan is to have TIF repay the General Fund by 2014. It is not anticipated the bonds would be held until 2023 for final payment. City Administrator Maxeiner also noted last year's increment amount of$324,000 substantially exceeded all proposed debt service payments in the band schedule. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of Speer Financial Inc.to accept the bid submitted by Harris N.A. conglomerate for the issuance of$2.995 million in General Obligation (Alternative Revenue Source) Bonds with a true interest rate of 4.06840A, and to pass and approve an ordinance providing for the issuance of $2.995 million in General Obligation (Alternative Revenue Source) Bonds for the construction of Riverwalk Phase 1. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVE REQUEST FOR VARIANCE FOR TEMPORARY ADVERTISING SIGN — PATRIOT ESTATES DEVELOPMENT Director Napolitano stated a request was received from Cunat Inc., developer of Patriot Estates Subdivision, seeking a variance to continue to use the existing sign board located at the southeast comer of the intersection of Bull Valley Road and Crystal Lake Road. The applicant intends to utilize the sign to kick off the start of the Patriot Estates development. Director Napolitano noted the sign is v-shaped with each leg of the "v" being 10' by 10', 100 sf in area. Director Napolitano stated the applicant is seeking a variance to approve the off-site advertising sign for a period of one year. Staff supports the request subject to the applicant obtaining Council approval to renew the sign permit on an annual basis. Alderman Santi inquired if this would be the only sign at this intersection. Director Napolitano responded there is a Boone Creek Venture off-site advertising sign located on the northwest comer of the intersection. Alderman Glab expressed his displeasure with the existing Y sign. He noted it is August 14, 2006 Page 8 an ugly sign which has been painted over and has never actually been issued a building permit. He opined the sign structure is in danger of falling down. Alderman Glab suggested the size of the sign be reduced to match the Boone Creek Venture advertising sign which is 8' by 8', 64 sf in area. He noted if the area of the sign is reduced he could support its approval. Alderman Schaefer inquired if the sign design had been submitted to Staff. He noted he is accustomed to seeing sign copy prior to approval. Director Napolitano suggested the variance could be approved subject to Staff approving sign copy when submitted. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated the Boone Creek Venture Sign is 8' by 8' in size. Alderman Murgatroyd requested assurance that the proposed 10' by 10' sign would be repaired and maintained once approved. Alderman Condon expressed her support of Patriot.Estates Subdivision. She opined it will be good for the community. She concurred with Alderman Glab, and stated she would like the sign to be smaller. She expressed her appreciation that the decrepit sign is finally being repaired, but would prefer that it be reduced in size. Mayor Low stated there is a severe slope to the land, and, if the sign was reduced in size, it might not be noticed from the roadway. Alderman Sant! suggested the applicant be requested to reduce the size of the sign so that it is 8' by 8, similar to the Boone Creek Venture sign. Brian Cunat of Cunat Inc. was in attendance and addressed Council regarding the requested sign variance. He concurred with Mayor Low, noting the slope of the land drops off dramatically. If the sign were reduced, it would not be visible from the road. Mr. Cunat suggested Council approve the variance for the sign in its existing size for one year to assist the developers in creating interest in the new development. A lengthy discussion continued regarding the pros and cons of permitting the existing style and size of the sign. Alderman Glab opined the size of the sign is actually 200 sf as there are two sides in the "v" shaped style, each one measuring 10' by 10'.-He opined the sign is obtrusive. Alderman Murgatroyd stated in light of the one year approval, and the stipulation the applicant must come back to Council for renewal in one year, Council would have the right to deny the extension of the variance at that time. Alderman Condon stated she is not concerned with the sign copy design, nor is traffic visibility due to the sign an issue. She stated she is not opposed to the "v° shaped sign structure. She suggested Council approve the sign "as is" for this year, and request reduction of the sign prior to seeking renewal next year. August 14, 2006 Page 9 Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a variance to allow a "v" shaped 10' by 10' off-site advertising sign for the Patriot Estates Subdivision to be located at the southeast corner of the intersection of Bull Valley Road and Crystal Lake Road for a period of one year until August 15, 2007, subject to the following: 1. the applicant shall obtain Council approval to renew the sign permit on an annual basis; 2. Staff approves sign copy upon submittal. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. APPROVE AMENDMENT TO MUNICIPAL CODE CHAPTER 4. SECTION 4-60) RELATING TO ALCOHOLIC BEVERAGES City Administrator Maxeiner reported the owner of Corkscrew Pointe on Riverside brive, Deborah Macrito, has requested permission to serve wine at special onsite events. They currently have an F1 liquor license which allows for the sale of packaged alcoholic beverages for consumption off premises. Staff determined in order to accede to Ms. Macrito's request, a new category liquor license needs to be created which would allow onsite service of beer and wine, as well as the sale of packaged alcoholic beverages for consumption off premises. Staff is recommending approval of an ordinance amending the Municipal Code Chapter 4, Section 4-6(1) creating a Class Al liquor license. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to pass and approve an ordinance amending the Municipal Code Chapter 4, Section 4-6(1) creating a Class Al Liquor License. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. APPROVE REQUEST FOR TRANSFER OF CLASS F1 LIQUOR LICENSE TO CLASS Al — CORKSCREW POINTE INC. 1402 NORTH RIVERSIDE DRIVE: AND APPROVE ORDINANCE DECREASING THE NUMBER OF F1 LIQUOR LICENSES FROM FOUR TO THREE City Administrator Maxeiner noted now that the new category liquor license Al has been approved, Staff is suggesting approval of the request from Ms. Macrito to transfer her Class F1 Liquor License to Al, allowing for the onsite service of beer and wine as well as the sale of packaged alcoholic beverages. Ms. Macrito has paid the appropriate transfer fee. City Administrator Maxeiner stated once the transfer has been approved, Council August 14, 2006 Page 10 must approve an ordinance reducing the number of F1 liquor licenses from four to three. Alderman Santi wished confirmation that the transfer fee would be paid prior to issuance of the new license. City Administrator Maxeiner concurred. Motion by Santi, seconded by. Schaefer, to accept Staffs recommendation to approve the request for a liquor license transfer for Corkscrew Pointe Inc from F1 to Al for the facility located at 1402 North Riverside Drive; and to pass and approve an ordinance decreasing the number of F1 liquor licenses from four to three and increasing the number of Al liquor licenses from zero to one. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None., Absent: Peterson. Motion carried. Mayor Low expressed her pleasure in the expansion of this business on Riverside Drive, noting this is the type of business which will be a tremendous asset and draw to the City's Riverwalk. KIMBALL HILL HOMES LEGEND LAKES SUBDMSION NEIGHBORHOOD 1: 1. APPROVE VARIANCE ALLOWING MULTIPLE BUILDINGS ON A ZONING LOT AND: 2. APPROVE FINAL PLAT OF SUBDMSION— Director Napolitano stated Kimball Hill Homes is requesting a variance to allow multiple buildings on a zoning lot. They are also seeking final plat approval of Legend Lakes Neighborhood 1. Director Napolitano noted the plat conforms to all provisions of the City's Subdivision Control and Development Ordinance. Road stubs have been provided at Staffs direction to the north, west and south. Director Napolitano noted the variance being sought is one that has been common to all townhome developments in the City. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on May 18, 2006 unanimously recommended approval of the requested variance and proposed final plat. Staff also recommends approval.' In attendance was Scott Viger of Kimball Hill Homes who agreed to respond to any questions or comments from Council. Alderman Condon expressed concern with road radii which may be too tight to accommodate two-way traffic and/or parking on both sides of the road as occurred recently in Kresswood Trails townhome development.. Assistant Director of Public Works Fink stated Staff reviewed the radii of the roadway. Staff does not anticipate a need to restrict parking to one side of the street. In response to Alderman Glab's inquiry, Mr. Viger stated the wetlands on this property are located at the southeastern portion of the property. Mr. Viger noted there are poor soils and peat ground in the middle of the neighborhood, but there are no wetlands in the center of the neighborhood. Alderman Glab stated he does not approve of the sharp August 14, 2006 Page 11 curve at the entry to the neighborhood from its intersection at Curran Road. Director Napolitano responded the subdivision access at the Curran Road intersection with Draper Road was at Staffs direction. Responding to Alderman Glab's suggestion that the access road be extended to the east to provide a softer curve, Mr. Viger stated poor soils, notably a 10' depth of peat ground, prohibited the softening of the access road curve. Mr. Viger opined the length of the entry roadway into the neighborhood would have a traffic calming effect. Alderman Glab suggested removal of the peat ground to accommodate the curve of the entry roadway being moved further east. He stated if this causes the project to be more expensive, so be it. He noted the roadway is being constructed for many years to come and. it should be constructed correctly. Alderman Glab further noted the curve of the access roadway should not exceed a 900 angle. Alderman Schaefer expressed concern regarding the angle of the entry road curve and the radius of Clifton Court. He questioned whether emergency vehicles could navigate the tight angles. Assistant Director of Public Works Fink responded noting Staff believes this will not be an issue. Alderman Schaefer also questioned if drainage flow from the development would adversely impact the City Park to the southeast of this neighborhood. City Engineer Robert Wegener of Smith Engineering Consultants responded, noting the flow will drain into an existing drainage ditch. As dictated by the City's Subdivision Control and Development Ordinance, the applicant will not be permitted to release flow onto adjacent properties at a rate greater than is occurring at the present time. Alderman Murgatroyd inquired if the access roadway could be "TT off and made into a stop sign. City Administrator Maxeiner responded noting the layout as depicted on ,. the final plat was determined by Staff to be the only way this neighborhood could work due to poor soil constraints. Alderman Murgatroyd asked if snowplows would be able to navigate the tight radii in the subdivision. Assistant Director Fink responded in the affirmative. Responding to Alderman Murgatroyd's inquiry, Mr. Viger stated none of the units would have basements, mainly due to the existing poor soil conditions. Following up on this issue, Alderman Murgatroyd asked if the soil could support all of the proposed structures. Mr. Viger responded stating three of the proposed buildings have been relocated following soil borings and samples being taken. Alderman Murgatroyd expressed concern regarding drainage within the subdivision and wondered if it could impact the townhomes, even though none would have basements. He also questioned the landscape . plan and asked if there would be trees and a berm along the lengthy access to the subdivision. Mr. Viger responded stating the west side of the roadway would be bermed and heavily landscaped to prevent confusion from headlights for drivers along Curran Road, particularly where the access road runs parallel to Curran Road. Alderman Murgatroyd asked if the right-of-way stubs would be included for possible connection to Boone Creek Subdivision. Director Napolitano stated a possible connection to Wedgewood Drive would be possible as allowance for a stub is being provided by the developer although its actual construction would not be done until such time as the August 14, 2006 Page 12 connection would be made. Alderman Murgatroyd opined the access to the Levy Property Park through a residential subdivision is not practical. He opined direct access from arterial roadways would be preferable. Alderman Glab inquired as to the water table height in this area. Mr. Uger responded the water table is less than 10' but more than 5'-6'. Alderman Glab noted the detention areas were shown at 4'-6' below grade and expressed concern that they would retain water and actually be retention ponds. Mr. Viger stated the developer would follow advice of City engineers regarding detention/retention for the neighborhood. Following up on Alderman Glab's concerns regarding drainage issues, City Engineer Wegener stated the building pads show a raised ground elevation of 4' as well as the location of neighborhood water and sewer lines. Drainage from the development will not impact the City Park but will flow to the existing drainage ditch. Detention areas will be created utilizing a basin with wetland type plantings which would flourish in this type of environment. Some discussion occurred regarding the location of tree plantings along the roadway. Alderman Glab requested assurance the trees would not be planted in areas where they would ultimately have to be removed if and when the western bypass is constructed. Alderman Glab inquired if the applicant was seeking a setback variance as initially requested for this neighborhood of the development. Director Napolitano responded the applicant is no longer seeking a setback variance and will locate all buildings at least 30' from the front property line. Alderman Condon opined the plat before Council for consideration is not the best layout for this neighborhood. She requested assurance from. Staff this is the only alternative which will work for this number of units. City Administrator Maxeiner responded if the City insists upon the subdivision entry at the Draper Road intersection with Curran Road, the plan before Council this evening is the only one which will work. Other alternatives would be cost prohibitive for the developer. Alderman Glab insisted there must be a better way to provide access to the subdivision despite the poor soil conditions. City Administrator Maxeiner reaffirmed any extension of the access road to the east would be cost prohibitive for the developer due to the soil conditions present in this area. Alderman Glab stated he could not approve a subdivision with the entry having such a sharp curve. Motion by Wimmer, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission to: 1. Pass an ordinance granting a variance to allow multiple buildings on a zoning lot; 2. Pass an ordinance approving the Legend Lakes Subdivision Neighborhood 1 Final Plat as prepared by JEN Land Design Inc dated 2/9/06 with a revision date of 7/11/06, subject to the condition the plat be recorded within.six months of Council approval. August 14, 2006 Page 13 Voting Aye: Santi, Schaefer, Wimmer, Condon. Voting Nay: Glab, Murgatroyd. Absent: Peterson. Motion carried. APPROVE RECOMMENDATION TO FILE LEGAL OBJECTION TO PROPOSED ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE 2320 RINGWOOD ROAD IN UNINCORPORATED MCHENRY COUNTY Director Napolitano stated Staff attended a McHenry County zoning hearing regarding the properly located at 2320 Ringwood Road which falls within the City's Comprehensive Plan boundary area. The proposed use for this property is for outside storage of various vehicles and equipment. As the property is shown as residential on the City's Comprehensive Plan, the proposed use does not conform to the City's intent for this area. Additionally, the use is not consistent with the County's land use plan which shows high density residential for this property. This matter will be voted on by the County on August 22, 2006. Staff is seeking direction from Council to authorize the Mayor's signature on a letter of objection regarding this zoning request.. Alderman Murgatroyd opined the proposed use is more intensive than desirable. The letter of`objection is appropriate and necessary. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to authorize the Mayor's signature on a letter of objection for the proposed zoning amendment, conditional use permit and variation request_submitted by John and Victoria Potts for their property located at 2320 Ringwood Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MAYOR-STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon announced the Committee meeting previously scheduled for Tuesday, August 15, 2006 has been postponed to Tuesday, August 29, 2006. She asked all Committee members to check their calendar and advise City Administrator Maxeiner of their availability for the meeting. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. August 14, 2006 Page 14 EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Wimmer, seconded by Condon, to adjourn to Executive Session to discuss Property Acquisition at 8:55 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went into Executive Session at 9:08 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 9:23 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went back into Open Session at 9:23 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:24 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Meeting was adjourned at 9:24 p.m. MAYOR DEPUTY CLERK AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: August 28,2006,Regular City Council Meeting RE: Zoning Map Amendment from C4 Downtown Commercial and RS-4 High Density Single-Family Residential to C-3 Community Commercial; Variance to eliminate the required 5-foot landscape residential screening strip along a portion of the north side of the site;Vacation of Existing 20-foot wide alley along north side of site. Applicant: Tim Schwartz,Oakridge Development ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Planning and Zoning Commission Minutes dated 8/3/06 3. Application Packet 4. Letter from The Church of St.Mary's from The Reverend Robert A.Balog 5. Letter from Pat Schafer 6. Petition from Neighbors Against Retail Rezoning STAFF RECOMMENDATIONS: 1) To accept the recommendation of the Planning and Zoning Commission and direct Staff to prepare an Ordinance granting a Zoning Map Amendment from C-4 Downtown Commercial and RS-4 High Density Residential to C-3 Community Commercial; and granting a Variance to eliminate the required 5-foot residential screening strip adjacent to the alley access. 2) To schedule a public hearing to consider the vacation of the 20-foot alley along the north portion of the subject property. Description of Request The applicant, Oakridge Development, is requesting a Zoning Map Amendment from C4 Downtown Commercial and RS4 High-Density Single-Family Residential to C-3 Community Commercial and a variance to eliminate the required 5-foot residential screening strip adjacent to a portion of an existing alley. If approved,the site will be developed with a 14,000 sf. in-line retail center building,parking for 74 vehicles and landscape improvements. The proposed single-story building is a brick,masonry and stone facade. Storefront entries feature both cloth and metal awnings and all mechanical equipment is located on the roof and screened by a parapet wall. Parking for 74 parking stall is provided. The Zoning Ordinance requires 63 parking stalls for this development,resulting in an excess of 11 stalls,which is not sufficient to allow for future restaurant tenants. A trash enclosure is indicated at the north end of the site. Site lighting is proposed and would comply with the City's lighting ordinance, which requires all fixtures to be full cut-off fixtures and light levels to be between 1.5 and 10 foot-candles in the parking lot and not to exceed 0.5 foot-candles at the property line. The applicants are dedicating 10-feet along Route 31 for the future improvements. No right-of-way is needed along Pearl Street. The applicants will install a 10-foot bike path along Pearl Street, in accordance with the City's Bike Plan Map. The applicants are also requesting that the City consider vacating the 20-foot wide alley existing along a portion of the north property line. This alley currently provides access to Route 31 for three properties (one on Route 31 and two on Broad Street). If this is vacated,the access to Route 31 would be closed and access to the three properties would be provided by an access easement running through the applicants' site. Because part of this area will be paved, the applicants cannot meet the required 5-foot landscaping strip requirement and are seeking a variance. Staff Analysis Map Amendment The subject property has many challenges when considering potential development. It is located on the fringe of the downtown commercial areas and yet it abuts existing single-family residential uses. It is a relatively small site but is located along a major state route and at a signalized intersection. There is no clear development trend in the area because most of the uses in the area have existed for many years and there has been no redevelopment. The Future Land Use Map in the Comprehensive Plan designates the site as Medium Density Residential(4-9 units per acre). Although adjacent to single-family residential, it is Staff s opinion that a low-density residential development is not appropriate for this property because of its proximity to Route 31. As existing traffic conditions worsen and proposed lane expansions occur,this property will be even less desirable for this type of residential development. If properly designed to address potential adverse impacts with surrounding single-family residential land uses,commercial zoning is considered appropriate for this property because of its location along a major route and at a signalized intersection. It will provide additional retail and service uses for nearby residents and passers-by. With proper screening, landscaping and aesthetic features, Staff believes that a commercial development can co-exist adjacent to residential zoning. The Assistant City Administrator and Community Development Director met with several of the nearby residents to discuss their concerns with the development. Their primary concerns were traffic, safety for pedestrians including school children, loss of neighborhood character, and negative impacts from the development(noise, smells,etc.). Variance to Eliminate the Required Residential Screening Strip The applicants filed this request prior to the recent amendments to the Landscape and Screening section in the Zoning Ordinance so this development is required to meet the previous chapter requirements. The previous chapter required a residential screening strip of 5-feet and the applicants have met this requirement, except for a portion of the site along the north property line. This area includes the aforementioned 20-foot wide alley. As previously noted,the applicant has agreed to remove the alley access to Route 31 and provide access through this site to Pearl Street for the adjacent residences. In the area where the access would be paved,the screening strip cannot be provided,resulting in the need for a variance. Planning and Zoning Commission The Planning and Zoning Commission unanimously(7—0 vote)recommended approval of: 1) A Zoning Map Amendment from C-4 and RS-4 to C-3; and 2) A Variance to eliminate the required 5-foot residential screening strip along the portion of the alley to be used as ingress and egress by the residents subject to the following conditions: a) The site shall be developed in substantial accordance with the plans submitted. b) An easement for ingress/egress to Pearl Street shall be recorded for the benefit of the residential property owners to the north. c) The applicants shall dedicate 10 feet along Route 31 for right-of-way. 2 Community Development Department Report File# Z-674 August 3, 2006 Applicant Oakridge Development, Timothy Schwartz(Vice President) 2200 North Huntington Drive Algonquin, IL 60102 Requested Action • Zoning Map Amendment from RS-4 High Density Single-Family Residential and C-4 Downtown Commercial to C-3 Community Commercial. • Variance from the required 5-foot residential screening strip. Site Information Location and Size of Property The subject property is 1.42 acres located at the northeast corner of Route 31 and Pearl Street. Comprehensive Plan Designation Medium-Density Residential ExistingZoning oning and Land Use The subject property is currently zoned RS-4 and C-4. The C-4 zoned piece is improved with a parking lot for First Midwest Bank. Adjacent Zoning and Land Use North: RS-4,High Density Single-Family Residential, existing single family residences South: C-4,Downtown Commercial, First Midwest Bank East: RS-4,High Density Single-Family Residential, existing single family residences West: RS-4, High-Density Single-Family Residential and RM-2 High Density Multi-Family Residential, existing residence and St. Mary's Church Description of Request The applicant is requesting a Zoning Map Amendment from RS-4 and C-4 to C-3 and a variance from the 5-foot residential screening requirement. If approved, the applicant would construct a 13,935 square foot inline retail building and related site improvements. Access to the development would occur from Pearl Street. 74 parking spaces would be provided. The applicants have agreed to dedicate 10 feet of right-of- way for IL Route 31. Staff Analysis Zoning Map Amendment The Zoning Map Amendment to C-3 Community Commercial will provide a transition between the adjacent High-Density Single-Family Residential uses and the downtown commercial area. City Staff evaluated this request according to the Zoning Map Amendment requirements: 1. Compatible with Use or Zoning of Environs. This requested zoning is compatible with the adjacent C-4 Downtown commercial zoning and will provide additional retail and service uses for nearby residents. 2. Supported by Trend of Development. There is no clear development trend in the area as most of the uses in the area have existed for many years. The property has frontage on Route 31 and commercial development is typically found along this corridor. In the future, as existing traffic conditions worsen and proposed lane expansions take shape, this property will be less desirable for residential uses. File#Z-674 Page 1 of 4 Community Development Department Report File# Z-674 August 3, 2006 3. Consistent with Comprehensive Plan Objectives. The Future Land Use Map designates this property as Medium-Density Residential. Although commercial development is not consistent with this land use designation, the site is not considered suitable for residential development, as previously indicated. 4. Furthers Public Interest. The rezoning of the property will allow the applicant to construct an inline retail development which will offer goods and services to the surrounding neighborhood. Staff supports the requested Zoning Map Amendment to C-3 Community Commercial District. Variance to Reduce Required Residential Screening Strip The applicants filed this request prior to the recent amendments to the Landscape and Screening section in the Zoning Ordinance so this development is required to meet the previous chapter requirements. The previous chapter required a residential screening strip of 5-feet and the applicants have met this requirement, except for a portion of the site along the north property line. This area includes a 20-foot wide alley that currently provides access from Route 31 to existing residences to the north. Staff has requested and the applicant has agreed to remove the alley access to Route 31 and provide access through this site to Pearl Street for the adjacent residents. In the area where the access would be paved, the screening strip cannot be provided, resulting in the need for a variance. City Staff evaluated this request according to the requirements of Table 32 of the Zoning Ordinance. 1. Special Circumstances Not Found Elsewhere. The property is adjacent to an alley which is being vacated and the applicant will be required to provide access for these residents through this site. 2. Circumstances Relate to Property Only. This circumstance relates only to this property. 3. Not Resulting from Applicant Action. The request is not resulting from the applicant's action rather a request from Staff to better improve the safety of the Route 31 corridor. 4. Unnecessary Hardship. It would be considered an unnecessary hardship to the adjacent property owners if the applicant was required to provide the 5-foot screening strip. 5. Preserves Rights Conferred by District. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property. The granting of a variance is necessary not because it will increase the applicant's economic return, but it will provide a safe means of ingress and egress for the adjacent residential property owners. 7. Not Alter Local Character. The granting of the variance will not alter the local character nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. Consistent With Ordinance and Plan. The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. Minimum Variance Recommended. The requested variance is the minimum required to allow the site to be developed as proposed. File#Z-674 Page 2 of 4 Community Development Department Report File# Z-674 August 3, 2006 Staff supports the Variance to eliminate the required 5-foot residential screening strip along the north property line because it will eliminate an access to Route 31 and provide safer ingress/egress for the adjacent residences. Land Use Plan Goals and Development Policies met by this proposal. Growth Management and Annexation • Each development project should make a fair share contribution to off-site improvements for roads, schools, utilities, parks, etc. • A program of retention and recruitment should be developed so that the City can encourage desirable business activity, expansion and enhancement of existing businesses, and investment in the development or redevelopment of vacant or under utilized properties. Commercial • Pedestrian and bicycle access should be considered to all commercial development. • Small, isolated residential lots along IL Routes 31 and 120 should be consolidated and redeveloped for uses compatible with adjacent development, preferably with assembled parcels of 2 or more acres. Staff Recommendation Prior to Public Hearing Zoning Map Amendment. Approval of the Zoning Map Amendment from RS-4 High Density Single- Family Residential and C-4 Downtown Commercial to C-3 Community Commercial. Staff finds that the requirements in Chapter XVI Table 33 of the Zoning Code have been met. Variance to reduce required 5-foot residential screening strip. Approval of the variance to eliminate the required residential screening strip, subject to the following conditions: 1) The site shall be developed in substantial accordance with the plans submitted; 2) An easement for ingress/egress to Pearl Street shall be recorded for the benefit of the residential property owners to the north; and 3) The applicants shall dedicate 10 feet along IL Route 31 for right-of-way. Staff finds that the requirements in Chapter XV. Table 32 of the Zoning Code have been met. Attachments • Location Map • Application Packet File#Z-674 Page 3 of 4 Community Development Department Report File # Z-674 August 3, 2006 -041 -042 F AVE. lgwf_' i�• i �tii! ...,era * {• f_tw.. rI r JY• /� Sa i r -�•�ZdH r ' fM r r Subject Site ♦ r r r 1r+ .,�. '� 'r+ ~�1y1 ` 1'ti.. r ' 1..,P� fit' *�J i �- --•'tea., t{�j N "iu S..3.#. f .i i 13 Q -016 r Ty a LOCATION MAP File#Z-674 Page 4 of 4 City of McHenry Planning and Zoning Commission Meeting August 3, 2006 Chairman Howell called the August 3, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker(arrived at 7:31 p.m) Absent: None. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer, Alderman Santi. Approval of Minutes Motion by Cadotte seconded by Buhrman, to approve the July 6, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing—Jim Pappas File No- Z-676 921 North Front Street Chairman Howell reconvened the Public Hearing at 7:32 p.m. regarding File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of existing buildings; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant. Chairman Howell noted this Public Hearing was initiated on July 6, 2006 and was recessed to this evening allowing time for the applicant to address concerns expressed by the Commission and audience relative to the requested parking variance. In attendance were Applicant James Pappas, architect Mike Coan, and Attorney Steven Cuda. Chairman Howell reminded them they were sworn in on July 6, 2006. Also in attendance were the following persons who wished to address the Commission regarding this matter: 1. Virginia Anzinger, former owner of 3908 John Street, McHenry IL 60050. Attorney Cuda stated the applicant has been researching ways to resolve concerns raised by the Commission at its July 6, 2006 meeting. Specifically, the applicant has contacted the owner of the Just for Fun Roller Rink who has agreed to lease space to the applicant to accommodate restaurant patrons parking. A second option would be for the applicant to remove a portion of his office building on the premises in order to increase parking on the site. Admittedly, this option would result in a net increase of only five parking spaces. Attorney Cuda noted Option 1, overflow parking at the roller rink, was not met with Staff approval. Staff cited safety concerns with having patrons cross Route 31 to get to/from the Planning and Zoning Commission August 3, 2006 Page 2 restaurant to the roller rink lot for parking. Option 2 also was discouraged by Staff as the cost to the applicant did not justify the small increase in available parking. Attorney Cuda reported he investigated the amount of available parking in the area on the way to this evening's meeting. He noted there were only two vehicles parked in the south municipal Main Street Lot. The north municipal Mail Street Lot was fairly full, however there was plenty of available parking along the north side of Main Street. In addition there were five available spaces along the east side of Route 31 in the Main Street area. Attorney Cuda concluded there were approximately thirty available spaces in the vicinity of the proposed restaurant between 6:45 p.m. and 7 p.m. this evening. Architect Coan noted if a portion of the office building is torn down, only five additional spaces would be realized. He stated approximately forty feet of the building (at the rear) would be demolished if this option was selected. Planner Zeller provided the Commission with an updated Staff Report regarding this project. She stated Staff reviewed and evaluated both options proposed by the Applicant. Option 1, the use of the roller rink property, was deemed a dangerous solution as there is no safe way to cross Route 31. Option 2, the partial removal of the office building would cause the applicant to incur additional expense. This option would also result in dead-end parking which would cause adverse onsite traffic conditions and additional safety concerns as well. Staff believes there is adequate public parking available in the vicinity of the subject property which, when combined with the indicated onsite parking, should be adequate for the proposed use. Planner Zeller stated Staff believes the original site plan submitted by the Applicant is the best possible layout for the proposed uses. The Applicant intends to increase landscaping on the site and to install sidewalks as requested by Staff for patron safety. Staff recommends approval of the original site plan, variances as to building setback and parking, and a conditional use permit to allow serving alcoholic beverages in conjunction with a restaurant. Chairman Howell invited comment and questions from the commissioners. Responding to an inquiry, Planner Zeller stated she is not certain if or when John Street roadway improvements would be scheduled. She noted the roadway is in poor condition. However, as this area is redeveloped, John Street would have to be improved to accommodate additional traffic. Question was raised as to the Applicant's choice of use for this property. It was noted restaurants require more parking than other retail/commercial uses. Attorney Cuda concurred that different uses require different numbers of parking spaces. Architect Coan noted the Applicant acquired the potential Mexican restaurant tenant which precipitated the request for parking variance. If there had been no potential restaurant tenant, it was unknown if the parking variance would have been needed for the retail, residential and office uses on site. Attorney Cuda also noted C-4 Downtown Commercial Zoning has no parking requirements. The Applicant originally sought C4 Zoning; however, Staff did not support this request. Commissioners expressed concern with the amount of parking variance being sought. The restaurant use requires 83 parking spaces while the site plan indicates only 26 spaces. It was Planning and Zoning Commission August 3, 2006 Page 3 brought to the attention of the Commission by Attorney Cuda that several restaurants in town are located in the C4 Zoning District and have no available parking, i.e. Plum Garden and Touch of Italy on Main Street, as well as several restaurants on Riverside Drive and Green Street. Discussion followed regarding parking availability for restaurants in the downtown area. It was noted that if the quality of the proposed restaurant is good, patrons will find a parking in the area to accommodate their needs. Chairman Howell invited Public Comment from the audience. The following were sworn in by Chairman Howell: Virginia Anzinger: Ms. Anzinger stated she previously owned the property across the street from the property in question. She noted she offered her property to the City several times. Now, instead of helping to solve concerns, the proposed development is creating several more problems. She noted with the existing congestion in the area, traffic issues will be increased if a restaurant is located on the premises. Motion by Cadotte, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-676, a request for parking variance for the property located at 921 North Front Street as submitted by Jim Pappas, be denied as too many concerns were expressed due to the lack of available parking in the area and that a reduction from 83 to 26 onsite parking spaces is too great to be approved. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: Howell, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-2. Comments by commissioners: Buhrman: Concerned regarding the infringement on the rights of adjacent property owners if the parking variance were granted. Cadotte: The variance being requested is too great for the use being proposed. Ekstrom: There has been much discussion regarding evening parking in the area. Parking during the daytime hours would be even more difficult, especially during the lunch hour when John Street is already so crowded and oftentimes blocked by large trucks. Chairman Howell: Disagreed with not tearing down the office building; however, when the alternatives are viewed, and acknowledging the vast improvement on this property being proposed, he must support the applicant's request. Nadeau: He is in favor of the restaurant but feels this is not an ideal location. There is parking in the area; however, he questioned how the public will know where available parking is located. He also noted safety issues and traffic issues on Route 31 regarding the development. Schepler: There is parking available in the area, but he concurred there are safety concerns. The daytime parking along John Street is also an issue which needs to be addressed. Thacker: Echoed Chairman Howell's comments. The trade off is a little drastic regarding the parking. However, having an applicant eager to improve this part of town outweighs the parking shortage. Planning and Zoning Commission August 3, 2006 Page 4 Motion by Cadotte, seconded by Ekstrom, to recommend to City Council, with regard to File No. Z-676, a variances as to building setbacks for the property located at 921 North Front Street, be denied. Voting Aye: Cadotte, Ekstrom. Voting Nay: Buhrman, Howell, Nadeau, Schepler, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion failed 2-5. Comments by Commissioners: Cadotte: The setback variance should not be allowed in light of the denial of the parking variance. Ekstrom: The restaurant would have been an asset. However, John Street does not function well as it is. The City needs to do something with the road other than allowing illegal parking on the street to continue. Chairman Howell: This is an existing situation. It is not fair to take such drastic measures to prevent the Applicant from utilizing his property. Nadeau: The Applicant has the right idea. The use of public right-of-way has continued over the years. The Applicant is proposing to greatly improve this property. Schepler: He would like to give the owner a chance to develop this site. Thacker: The property owner should have an opportunity to enhance this property. Buhrman: Denial would provide the City an opportunity to correct the John Street problems. At the suggestion of City Attorney Cahill, Chairman Howell called for an affirmative motion regarding the request for setback variance. He noted a 5-2 vote of denial of the motion is not necessarily an affirmative vote regarding the requested variance. Motion by Nadeau, seconded by Schepler, to recommend to City Council, with regard to File No. Z-676, a request for setback variance as requested by James Pappas for his property located at 921 North Front Street, as follows: Restaurant Building Setback Type Required Setback Requested Setback Front Yard 30 feet 11 feet 6 inches Corner Side Yard 30 feet Negative 60 feet Rear Yard 15 feet 15 feet Office Building Front Yard 30 feet 19 feet Interior Side Yard 10 feet 4 feet Rear Yard 15 feet 2 feet 11 inches be granted, subject to the applicant/owner entering into a license agreement with the City of McHenry to address the continued use of the building within the John Street right-of-way; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Planning and Zoning Commission August 3, 2006 Page 5 Voting Aye: Buhrman, Howell, Nadeau, Schepler, Thacker. Voting Nay: Cadotte, Ekstrom. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 5-2. Motion by Nadeau, seconded by Buhrman, to recommend to City Council,with regard to File No. Z-676, a request for conditional use permit to serve alcoholic beverages in conjunction with a restaurant use, as requested by James Pappas for his property located at 921 North Front Street, be approved, subject to the condition that the conditional use permit shall expire and become null and void if the restaurant (Taqueria Taluca) closes (defined by not being operational, i.e., serving customers) for a period of three consecutive months; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Howell, Schepler, Thacker. Voting Nay: Cadotte, Ekstrom, Nadeau. Not Voting: None. Abstaining: None. Absent: None. Motion carried 4-3. Chairman Howell recessed the Public Hearing at 8:09 p.m. Public Hearing—Oakridge Properties File No. - Z-674 Zoning Map Amendment and Landscape Variance Chairman Howell at 8:15 p.m. convened a Public Hearing regarding File No. Z-674, a proposed zoning map amendment from RS-4 High Density Single Family District and C-4 Downtown Commercial District to C-3 Community Commercial District and landscape variance regarding the required five foot residential screening strip as requested by Oakridge Development for their property located at the northeast corner of Route 31 and Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on July 15, 2006. A Certificate of Publication is on file in the City Clerk's Office. Certified notices were mailed to all abutting property owners of record. Receipts are on file as is an Affidavit of Service as required by Zoning Ordinance. In attendance were the following representative of the Applicant, who were sworn in by the Chairman: Tim Billimack, Oakridge Properties Matthew Hopp, Tara Construction Timothy Schwartz, Oakridge Properties Jeremy Hamer, Haeger Engineering John Swierk, Direct Design Architects. Also in attendance were the following: 1. Carol Cooney, 1313 North Richmond Road, McHenry 2. Tim McCann, 3507 Broad Street, McHenry Planning and Zoning Commission August 3, 2006 Page 6 3. Paul Freund, 3215 Fairway Drive, McHenry 4. Peter Keller, 3411 Fairway Drive, McHenry 5. Walt Taylor, 1501 North Green Street, McHenry 6. Patrick Wirtz, 1503 North Richmond Road, McHenry 7. Bill Bolger, 906 North Allen Avenue, McHenry. Mr. Billimack informed the Commission, the subject property was purchased from First Midwest Bank. The property is currently zoned single family and downtown commercial. He stated the Applicant has worked with Staff regarding the site plan. The applicant is proposing to construct an approximately 14,000 square foot five-unit building on the premises which would face Pearl Street. Full access to Pearl Street would be allowed. There would be no access onto Route 31. The site would have pedestrian access sidewalks. The trash enclosure would be located on the northeast corner of the property. Mr. Billimack stated the plan shows 74 parking spaces which exceeds the required parking allowing them the flexibility to market one of the units to a restaurant tenant. The anchor for the strip mall would be Cardinal Fitness which would utilize approximately 7,900 square feet on the east end of the strip center. Mr. Swierk described the building exterior noting the masonry composition around the entire structure. He stated there would be canopies comprised of metal or fabric to provide interest on the fagade. Mr. Billimack pointed out a public alley along the north property line which will be vacated and ownership split between the applicant and the residents/property owners abutting to the north. Mr. Billimack stated he had met with two of the property owners abutting the site to the north and both stated their support of the project including a proposed cross-access easement agreement which would also be created to accommodate those who would be losing access due to the vacation of the public alley. Mr. Billimack stated the developer would improve the easement and provide for its maintenance, including landscaping and snowplowing. The developer intends to provide a residential screening strip around the entire perimeter of the site except where the cross access easement exists. Planner Zeller provided the Commission with a Staff Report regarding the project. The requested landscape variance is from the previous landscape ordinance which required a 5-foot residential screening strip. The applicants cannot provide this screening strip along the area designated as ingress/egress for the adjacent residents. She also noted the submittal was received prior to the City's adoption of recent landscape ordinance amendments and the developer is not required to comply with the newly adopted standards. However, the developer has included more landscape than required for the site in order to soften the effect of the development, particularly as it is adjacent to a residential district. Planner Zeller stated the proposed 14,000 square foot tenant retail space will accommodate 5 users of inline retail space. The developer has agreed to dedicate 10' of right-of-way toward the Route 31 improvements. Staff recommends approval of the Applicant's request. Chairman Howell invited questions by the commissioners. Planning and Zoning Commission August 3, 2006 Page 7 In response to an inquiry, Mr. Billimack stated there would be no monument or other free- standing sign. The only signage used would be located on the building. Brief discussion followed regarding sign color uniformity. It was noted this would be difficult to enforce, as retail users would want to utilize their particular colors in their signage. Responding to in inquiry regarding lighting, Mr. Billimack stated there would be four parking lot lights, three wall lights on the north elevation, two wall lights on the east elevation and five street lights along Pearl Street and Route 31. In response to a question regarding the inclusion of paved bike path along the site's perimeter, Planner Zeller acknowledged the bike path is being included at Staff s request. Planner Zeller noted the Applicant will conform to the Tree Preservation Ordinance requirements and will either compensate the City or replace applicable trees which are removed during development of the site. Brief discussion followed regarding the proposed Cardinal Fitness Center to be located in the easternmost unit of the strip center. The Applicant noted there are no signed leases for the remaining four units of the center. Responding to a request for clarification, Mr. Billimack stated the developer will pave a portion of the alley on the north property line. The remainder of it will be landscaped. Regarding further questions about signage for the center, Mr. Billimack noted the users will be allowed to place their logo and appropriate signage on the building, but all will conform to the City's sign ordinance. Chairman Howell opened the floor to audience comment and questions regarding this matter. The following were sworn in by the Chairman prior to their turn at the podium: Tim McCann: Mr. McCann inquired about the 15' residential screening strip. He also asked why the Applicant was seeking C3 zoning instead of leaving the east portion of the property zoned C4 as is. Planner Zeller noted the C3 zoning being requested is actually more restrictive than the current C4 zoning. It was at Staf's recommendation that the more restrictive zoning be sought. Responding to Mr. McCann's inquiry regarding fitness center hours of operation, Mr. Billimack noted typical hours are 6 a.m until 10 p.m. Mr. McCann expressed concerns regarding the amount of additional traffic which would be generated by this strip center in this predominantly residential neighborhood. He noted the intense screening proposed along Route 31 and questioned why the landscaping is not more intense adjacent to the existing residential properties. He opined the Applicant would desire visibility of the strip center from Route 31 and the screening would hide the site from Route 31. Mr. McCann also expressed concerns regarding signage for the development being inappropriate in the residential neighborhood. Patrick Wirtz: Mr. Wirtz stated he has lived in this neighborhood most of his life. He noted the residents in the area have concerns regarding the proposed widening of Route 31 and that the residences along Route 31 would be subject to being taken over by the City one by one. As an area school teacher, he is very concerned regarding the safety of Montini children. He stated he would hate to be forced out of the block and moving from an area he has lived in for more than twenty years. Planning and Zoning Commission August 3, 2006 Page 8 Bill Bolger: Mr. Bolger provided those in attendance with an extensive history of McHenry and how, in his opinion, this project would eat away at the core of McHenry's residential district. He opined the City does not need to have the residential areas eroded. Many of the older homes have vanished. The center of old-time McHenry is getting far too crowded. He opined the population is becoming so great that it is causing more and more traffic congestion everywhere in the community. He stated McHenry needs more safety for its children. The City does not need more commercial enterprise in this area. McHenry is still worth fighting for. Walt Ta,+�Mr. Taylor stated he has resided in his home for nineteen years. The proposed strip center is better than the former proposal as submitted by Advance Auto for this site. He expressed surprise that the building is fronting on Pearl Street. He stated he is concerned that the commercial district will continue to grow and replace all of the residential property along Pearl Street, and ultimately destroy the quaintness of Veteran's Park. He opined the structure's impact on the neighborhood should be softened. He worried the project would cause more traffic congestion in the neighborhood. He would prefer the strip center being constructed parallel to Route 31 rather than perpendicular to it. Mr. Taylor also stated his concern that the City will ultimately have strip malls being constructed all along Pearl Street right up the Veteran's Park. As this area becomes more commercialized, speeding traffic along Green Street is inevitable, especially in light of the no left turn onto Route 120 from northbound Green Street. Traffic in his neighborhood is already bad, particularly during rush hour as many motorists go past his home in circumventing the traffic signal at Richmond Road and Pearl Street. Carol Cooney: Ms. Cooney stated traffic is already horrendous at the Route 31 and Pearl Street intersection. It will be impossible for patrons of the strip center to turn left onto Pearl Street as traffic is continuously backed up on Pearl Street at the traffic signal. She expressed safety concerns. Ms. Cooney also read into the record correspondence submitted by Father Robert Balog, newly- appointed pastor of St. Mary of the Assumption Catholic Church. Father Balog expressed his concerns regarding the safety of Montini children as well as his parishioners due to the increased traffic generated by the proposed commercial development. He also suggested as the remaining four tenants are unknown, it is difficult to determine the potential traffic impact on the area. Ms. Cooney stated she has resided in the neighborhood for almost fifty years. She cited several vacant commercial buildings in the area and questioned why a new facility is being constructed when there are many available sites. Ms. Cooney also noted the City has several health and fitness centers and questioned the need for another one in this residential district. She opined the building would not blend in with the neighborhood. She requested the Commission deny the request. She suggested the financial gain of the developer appears to outweigh the needs and desires of the residential neighborhood. In closing, Ms. Cooney submitted petitions against the proposed strip center which were signed by residents of the area. Paul Freund: Mr. Freund sought assurance that the Plat of Vacation is recorded with the County Recorder of Deeds. He noted he owns one of the properties adjacent to the subject property to the north which would be affected by the cross access easement and vacation of the alley. Planning and Zoning Commission August 3, 2006 Page 9 Carol Cooney: Ms. Cooney inquired if the applicant's projects in Cary and Woodstock were adjacent to residential districts. Mr. Billimack responded the Cary project is adjacent to residential property. Ms. Cooney suggested this development should be moved further north as part of the Shoppes at Fox River project. Chairman Howell closed the Public Comment portion of the Public Hearing. Mr. Swierk responded to a concern raised by area residents, noting the Applicant is requesting the subject property be down zoned from C4 to C3. Mr. Billimack pointed out the Applicant has met with Staff and attempted to create a project that will blend in with the surrounding residential neighborhood. He stated as the property abuts Route 31 and in light of the proposed Route expansion, it would never be developed residentially. Motion by Ekstrom, seconded by Nadeau, to recommend to City Council with regard to File No. Z-674, a request for zoning map amendment for the property located at the northeast corner of the intersection of Route 31 and Pearl Street from RS-4 High Density Residential District and C- 4 Downtown Commercial District to C-3 Community Commercial District, be approved; and that Table 33, the Approval Criteria for Zoning Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-674, a request for variance from the required 5 foot residential screening strip along the paved cross access easement,be granted, subject to the following conditions: 1. The site shall be developed in substantial accordance with the plans submitted; 2. An easement for ingress/egress to Pearl Street shall be recorded for the benefit of the residential property owners to the north; and 3. The applicants shall dedicate 10 feet along Route 31 for right-of-way; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Comments by Commissioners: Chairman Howell: Stated it is not easy finding an acceptable way to develop this site. However, this project represents the best possible compromise for all in developing this property. Planning and Zoning Commission August 3, 2006 Page 10 Nadeau: Citing the bank facility to the south, he noted this project will provide a good transition to the residential neighborhood, particularly as it is a one-story structure. The Public Hearing was closed at 9:28 p.m. Other Business Responding to an inquiry about the property formerly known as Lenny the Legends, Planner Zeller noted the property is being renovated to a Fatman's Tavern. The site is being upgraded, parking lot lights are being installed, and there is a proposed future outdoor patio area. Some discussion occurred regarding the audience being able/unable to see exhibits prior to or during the public hearing. It was suggested an extra packet for each file be created and placed on an Exhibit Table for public review during and immediately prior to the public hearing. Discussion also followed regarding the former Whale's Tail property. Adjournment Motion by Cadotte, seconded by Buhrman, to adjourn the meeting at 9:48 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 9:48 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary FORMA File Number __Q F PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street C McHenry,IL 60050 o Tel: (815)363-2170 o Fax:(815)363-2173 1. Name of Applicant OAKRIDGE DEVELOPMENT CO. Tel 847-854-8181 Address 2200 N- HUNTINGTONDR. , ALGONQUIN I IL Fax 847-854-8111 60102 2. Name of Property Owner FIRST MIDWEST BANK AS TRUSTEETel 630-875-7218 (If other than Applicant) UNDER TRUST NO. 774 Address 1 PIERCE PLACE, ITASCA, IL 60143 Fax 630-875-7394 3. Name of Engineer HAEGER ENGINEERING (BILL CUSSEN) Tel 847-394-6600 (If represented) Address 1300 N. PLUM GROVE RD. , SCHAUMBURG, IL Fax 847-394-6608 60173 4. NameofAttormey MCGREEVY & WILL_IAMS Tel 815-639-3700 (If represented) Address P.O. BOX 2903 , ROCKFORD, IL 61132 Fax 815-639-9400 5, Common Address or Location of Property NEC ROUTE 31 & PEARL STREET 6. Requested Action(s)(check all that apply) X Zoning Map Amendment(Rezoning) —Zoning Variance-Minor Conditional Use Permit _Zoning Text Amendment X_Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: SEE ATTACHED NARRATIVE FORM A Page I of 3 7. Current Use of Property ABANDONED PARKING LOT AND VACANT LANn 8. Current Zoning Classification of Property,Including Variances or Conditional Uses RS-4 HIGH DENSITY SINGLE-FAMILY RESIDENTIAL C-4 DOWNTOWN COMMERCIAL DISTRICT 9. Current Zoning Classification and Land Use of Adjoining Properties North: R S-4 South: C-4 East: RS-4 West: RS-4 & RM-2 10, Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee(amount) $ 9 6 0.0 0 ,_ —2. Narrative Description of Request x _3. FORM A—Public Hearing Application X 4. FORM B—Zoning Map Amendment(Rezoning)Application _5. FORM C—Conditional Use Application X 6. FORM D—Zoning Variance Application X 7. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X_8. Plat of Survey with Legal Description x _9. List of Owners of all Adjoining Properties x_10. Public Hearing Notice 11. Sign(Provided by the City,to be posted by the Applicant) X 12, Site Plan x 13. Landscape Plan _x 14. Architectural Rendering of Building Elevations 15. Performance Standards Certification 16. Traffic Analysis 17, School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to snake the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. ATnticant or Owner is a land Trust if the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Si tore of AFMEcant(s) Print Name and Designation of Applicant(s) "U FORM A Page 3 of 3 NARRATIVE DESCRIPTION OF REQUEST The Petitioner is desirous of developing a one (1) story 13,920 SF multi-tenant retail building at the NEC of Route 31 &Pearl Street. The subject property is 1.42 acres in size and is situated along the northern boundary of the C-4 Downtown Commercial District as depicted on the City of McHenry Zoning Map dated March 31,2005. The east portion of the subject property is zoned C-4 and would permit Petitioner's intended use. The westerly portion of the property(abutting Route 31)is zoned RS-4 High Density Single-Family Residential and requires a zoning change for said use. Petitioner is seeking a Zoning Map Amendment pursuant to Section XVI (Amendments and Rezonings) of the City of McHenry Zoning Ordinance for the purpose of rezoning the entire 1.42 acres to C-3 Community Commercial as identified in Section V of the City of McHenry Zoning Ordinance. The Petitioner is also requesting a Zoning Variance from the minimum five foot (5') Residential Screening Strip that is defined in Section VULB.1 and Table 15 of the City of McHenry Zoning Ordinance. The identified zoning ordinance requires that a minimum 5' landscape screening strip separate the subject property from any residentially zoned parcel that abuts the subject property. Along the north property line of the subject property, the parcel abuts either a public ally or residentially zoned property. Where the subject property directly abuts residential property,the Petitioner has provided the minimum required landscape screening strip of five feet (5'). To the north of the proposed retail building, between the proposed ally ingress/egress and the ally's east terminus,the Petitioner is seeking relief from the above identified ordinance requiring a five foot (5') landscape screening strip. Whereas the Zoning Ordinance does not specifically address whether or not the minimum five foot(5') landscape strip is required along a public ally that separates commercially zoned properties from residentially zoned properties, the Petitioner considered it prudent to seek a Zoning Variance from the required Residential Screening Strip. The Zoning Variance is being requested in order to provide adequate area for truck deliveries and to improve traffic circulation around the retail building. The issue of the oversized storm water detention system, further describet-in Form D of this application, is also a'LaCtor M tien-request. In lieu of the five foot (5') screening strip that is required along this section of the north property line, the Petitioner is proposing to install new landscaping throughout the unimproved area of the public ally. The current width of the public ally is approximately twenty-seven feet (27'). The Petitioner would be providing an additional twenty-two feet (22') of landscape screening. In the public ally along the ally's south property line, where the ally is currently improved with gravel between the proposed ally ingress/egress and the unimproved ally area, the Petitioner proposes to install a five foot (5') landscape screening strip. The Petitioner's proposed landscaping improvements essentially maintain the spirit and intent of the zoning requirement to have a Residential Screening Strip buffering commercial properties from residential properties. FORM B File Number -tip ZONING MAP AINIENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 c Tel: (815)363-2170 Fax:(815)363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1 Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. The a,+b;cct property is already partially zoned C-4 as are the parcels immediately to the south of the sub'ieet property, Upon rezoning of the entire_parcel to C-3 a more restrictive zoning classification than C-4, the future zoning classification would be consistent with neighboringz oning�classifications Future retail business service and office uses would be consistent with existing land uses along Pearl Street and Route 31. 2 Supported by Trend of Development The trend of development in the general-area since the original zoning of the affected property was established supports the proposed use(s)or zoning classification. Throughout most of the Downtown Business District the zoning classifications are C-4 and C-5 which is consistent with Petitioner's request to rezone the RS-4 portion of the proRg to C-3 and rezone the C-4 portion to C-3. Within the city limits along Route 31 Pearl Street. and Route 120 considered to be commercial corridors, any of the properties are already zoned for commercial use Where properties have recently been rezoned along these same routes,the trend_has been to rezone thP Drnpertips for commercial use. 3. Consistent with Comprehensive Plan Obiectives The proposed use(s)or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. The current Co Rrehensive Plan identifies commercial use along Route 31 & Pearl Street and Petitioner's request is in harmony with zoning classifications and uses along Route 31 and Pearl Street. 4 Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. The proposed change in zoning classification would allow the Petitioner to develop the property for a neighborhood convenience retail center. The stoplight controlled intersection at Route 31 & Pearl Street_will provide residents traveling from either side of the Fox River with easy,safe and convenient access to the oroposed_retail center, Since the retail center is to be constructed of all masonry materials (mostly brick) and professionally landscaped to city standards. the Petitioner believes the overall aesthetics of the proposed development will be a welcomed addition to the existing Downtown Business District and an appreciated alternative to the abandoned parking lot that currently exists on the site. FnRvi R Page 1 of 1 FORM D File Number o" ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 C Tel: (815)363-2170 o Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. i SRecial Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Petitioner seeks a Zoning Variance from the minimum five foot (5') Residential Screening Strip that is defined in Section VM.B.1 and Table 15 of the City of McHenry Zoning Ordinance. The Zoning Ordinance requires that a minimum 5' landscape screening strip separate the subject property from any residentially zoned Rarcel that abuts the subject property. There are two existing conditions affectingthe he subject properly that require the Petitioner to seek relief from the reguired landscape screening strip First, the ,property is irregularly shaped along the north property line as a result of an existing Rublic all that separates the subject properiy from the residential properties to the north of the ally. Second the subject property is not currently being serviced by a public storm sewer system or related structures. Due to the lack of a public storm water system servicing the site, the Petitioner is «od to degian2tid nanstruct on-site, aT nVP1`Ct7PA C4AtYn water Aetentton ewstem wl1icb ig to be installed i around the west south and east sides of the building. The proposed oversized storm water detention system prohibits the Petitioner from positioning the retail buildingin n any other location than where it is proposed. Furthermore in order to provide adequate and safe traffic circulation around the building, a twenty five foot wide service area isRroposed along the north property line where the Residential Screening Strip would be required, The Petitioner is not seeking relief from said zoning requirement where the subject property directly abuts the residential properties to the north as there is adequate area to install the required landscape screening. 2 Circumstances Relate to PropeM Only Since a variance will affect the character of its surroundings long after a property changes hands,the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions,topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The requested Zoning Variance is a result of the existing_public ally, the existing property dimensions, and the lack of a public storm water system to service the site. FORM D Page 1 of 3 3 Not Resultingfrom Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The special circumstance requiriniz the requested variation were in existence prior to the applicant having an interest in the property. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant,as distinguished from a mere inconvenience. The Petitioner and its hired consultants have examined several potential site plan and engineering layouts for the proposed development. Since the subject property is mostly rectangular in shave with 303' of frontage along. Pearl Street and 186' along Route 31, and considering the existing grades and the design and construction of the oversized on-site storm water detention system, the only feasible option was to position the building parallel to Pearl Street. For reasons identified in Item #1, with special consideration given to providing adequate and safe traffic circulation around the retail building, strict application of the Residential Screening Strip would create an unnecessary hardship. 5 Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. In assessing the physical characteristics of other properties located along Route 31. Pearl Street, and the Downtown Commercial District the majority of the surrounding properties are not contiguous to a public ally and storm sewer inlets were found adjacent to these properties suggesting that vublic storm sewer systems currently service the properties The Petitioner would not be receiving special privilege as it is not currently enio ing the same benefits as other nearby properties. 6 Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance The applicant will be deprived of any reasonable use or enjoyment of the property. Future development of the subject propert, regardless of the developer or the intended use, will have to address the irregular dimensions along the north property line and the issue of on-site storm water management since no public storm water service is available to the site. The right to enjoy the property at its highest and best use requires extraordinary storm water management practices to be applied and as a result adherence to all the existingz oning requirements imposed by the city are a challenge to satisfy. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality,property values,or public safety or welfare in the vicinity, In lieu of the required landscaping screening strip of five feet (5') the Petitioner is proposing to install new landscaping materials throughout the unimproved ally area which is currently weeds and dead trees. The Rroposed landsca�mg_will not only enhance the apaearance of this area, it will provide extensive screening between the subject property and the residential properties to the north Along the south property line of the public ally where the all is improved (existing_gravel drivel and between the proposed ally ingress/egress and the unirproved ally area the Petitioner proposes to install a five foot(5') landscape strip. The net result is that a minimum five foot (5') landscape screening strip will separate the proposed development from the gublic ally or residential properties to the north Rather than impair the environmental Quality of the localrtv. Petitioner's proposed landscaping plan will enhance the overall character of the localrtv. 8 Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City,as viewed in light of any changes conditions since their adoption. The subject proRertyL is already partially zoned C-4 and located along Route 31 in the Downtown Commercial District The proposed development is consistent with existing land uses and recently gRprov_ed land uses along Route 31 and is in harmony with the Comprehensive Plan Because the subject property is located at a stoplight intersection with frontage on Route 31 the highest and best use for the property is commercial use. 91 Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The Petitioner is requesting the zoning variance from the Residential Screening Strip because it will have the least amount of impact on the neighboring properties Although the public ally is considered a hard_shiR for the Petitioner, it does afford the flexibilitti and area for the Petitioner to provide the minimum __required !ggdgg@;g screening and satisfy the spirit and intent of the Residential Screening StriR re utrement. FORM D Page 3 of 3 STATE OF I LLI t',10 IIS COUNT'YOF AFFIDAVIT Trip., Ljr)der,;:'1gns.bd, First Nfldwest BanK as Trustee under Trust No. 774 1*jereby states*}: I 'rrie undensi-gried is the record title-owner of certain real property tocated 181t thi -a ["Wrth4arist coer"Ier 0i Route 31 an-d Pead Street Irk McHenry, 1111n-ois fhere-Inafter referred to as Uie "Prope vj'*), vlhich -is leg;ally descri!)ed ori Exhl' it.A attached hereto. 2. "rhis Affida,& i!! rnacle by the undersioned in conhection wi-th the sale oaf-the F),Iopr,-rj"y to Oakfidge C�welooro.ent Co. 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F J "'� +, . +" :�!3J'SS r 4 J M �{ J '!PY r"N,u n.,G . d b+ r.. ,J - � J� F 1 f r Y { rf ?IA.f4 i. •� w t P x vy-�^M1 F e�:"ri, r• y`�`J� Y 7 ry rS,IkY yr'�MI�I;ttf,y s, 'r:: �:. kr *r ;f`r r Jl �' i r }...1 c S,3 }a •�t 0 c Y �r:'✓e d k s a'�4)w pr'� .Q r ear ' c' r f Y'�"> F ~ cS r° 4 { r i.. )t hf�,,+� JZ• S f4 �� r } 71�.�i.,V159S'00 'Q2r�.y�re • r"TheReverendThOmasE Burr PasCor eta r "r t' dX 81S38Si-+�7$o9a"�l i ./rrF�' S si. tt t �f a�t Fi +t?ir Y� PSA �A }Frry f�+� l .� �,,• trJra rig.,,!{ �i zwt w.+ ^I} � a t r• " t v w J- F� '8'ra t F r x � t t S,J�i J4�` �F• > r r 7 � {M 1"r f q'75� f r 5 �r i - 4 � •f '! 1 A C� � 4 �F 7,.�'F id �{�r�S�i I J! i'ay x tr1Y °� f } S o � f0i July 28,2005^ y McHenry Planning and Zoning Commission ;Public Hearingheld on August 3,2006 ` Dear Board Members: . I regret that I am unable to attend this meeting but please accept this letter as evidence for my concern on the rezoning and proposed development planned for the comer of Richmond Road and Pearl Street. This issue was only recently brought to my attention having just arrived in the community and St Mary Church. I feel safety is a factor for the Montini students and church goers,not knowing in advance the types of businesses that are planned for the mall.There also is no way to determine business hours or new traffic demands without this information. I would respectfully ask that we try to work together to determine development alternatives for this property to help maintain the quiet, safe ambience that this spot currently offers to this old neighborhood. Sincerely, Reverend Robert A Balog Pastor,St Mary Catholic Church E-mail: stmarvladyaa.aol.com Phone 815-385-0024 E Richmond Road and Pearl Street Development August 18, 2006 Safety Concerns: At present the intersection of Richmond Rd. and Pearl St. is a highly congested intersection of arterial roads. The surrounding area is a mix of commercial and residential sites but most important a church and school Adding a commercial bldg. at the northeast corner would increase more traffic. if a commercial bldg. has to be built at that corner then it should one not adding and attracting more traffic. Balance: Are we keeping a watch on the balance of old bldgs. vs. new bldgs., especially older homes. Are there stats of conunitted percentages of maintaining this balance? Affordability of older homes: Location and pricing of older homes is important to our present residences and to those in the future who want to purchase an older home in the downtown area. New homes are generally more expensive. Historic Character of McHenry: Are we watching to preserve the historic character ofMcHenk' Once we tear down an older bldg. we loose the visual history of the community. Once we build a new bldg. with architecture which does not conform to the surrounding area, we loose the visual history of the community. (Once we impact the area with traffic we will loose the purchases of older homes). Domino Theory: What is the future of Richmond Rd. north of Pearl St. proceeding to the mall area? What is the future of Pearl St. proceeding east of Richmond Rd. On Richmond Rd. there are a lot of historic homes. On Pearl St.there is a very important site, Veteran's Park. This park was the beginning of McHenry's History, "the location of the first McHenry County Court House As of today the park is surrounded by older home site: and at the northeast corner a commercial bldg. What is the visual future of these two arterial roa; and entrances to McHenry? A continuing mix of residential historic homes with as little commercial bldgs. as possible? The citizens of McHenry want to know the future of this community since they chose to reside here and invest in the commercial success of this community. Pat Schafer Ji f� v Public Hearing Fite.Z64+72, 67114 Rezoning May 19, 2005 NEIGHBORS AGAINST RETAIL REZONING We the interested parties do hereby state that we are against the rezoning of the property in question on the corner of Pearl Street and Richmond Road for rezoning for Retail sales. We believe the intersection is much too congested.with traffic already and the parking lot itself is safe and useful as it sits fog Church, school, business, organization and neighborhood functions. We ask that the request for rezoning be denied, respectfully: NAME ADDRESS � w , 3 a s N Qy n f� n wa), eLwL- 3 d 6 'Few S t C- b n 4!- 6i .�� )3 L 5 5/ ! Pam` ' �' �i�C✓��ti�� 3 set j C / w j Sol ✓d. 6vc (�] �f _. _.._ ...._ __. _... . . ) p . . 61 '-Y Public Hearing Z674 Rezoning July 28, • We the interested parties do herby state that we are against the rezoning of the property in question on the 1 1 of • :: Street andRichmond • { for { 1 1 • • Retail Sales. We believe the intersection is much too congested with traffic already and the parking lot itself is safe and useful as it sits for Church,school,business,brgafiiz4tion and neighborhood functions. We ask that the request for rezoning be denied. NAME ADDNWSS yl - :_l,►/_'�1P/�6 _ a .cif/LL-3.�' " Ale Kd �6♦ 41(a a• kk^, �� it r AMEN ,,SUPPLEMENT` TO: Mayor and City Council FROM: Bill Hobson Management Assistant for Community Relations FOR: August 28, 2006 Regular City Council Meeting RE: 2006/2007 Holiday Season Lighting for Veterans Memorial Park Recommendation: To approve the request to advertise for bids for installation of holiday lighting in Veterans Memorial Park BACKGROUND: Last year, the city contracted services for the installation of lights in the trees throughout Veterans Memorial Park, with the goal being to light the park and to make it the centerpiece of the community during the holiday season. Three contractors submitted bids for the work. Four Seasons Displays of McHenry was awarded the contract in the amount of $14,740. In hiring a contractor, the city was able to light more and larger trees than our staff have been able to accomplish in the past. Staff received numerous compliments from citizens on the lights and would like to continue the program once again this year. The city has budgeted $23,000 for lighting in the park this year. Staff would like to initiate the advertisement for bids now to ensure that the park is lighted by this year's annual Toys for Tots Parade and Downtown Christmas Walk scheduled for November 19, 2006. r SPECIFICATIONS and BID DOCUMENTS SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS FOR CITY OF MCHENRY 333 S. GREEN STREET MCHENRY, IL 60050 BID OPENING: 11:00 A.M., TUESDAY, SEPTEMBER 19, 2006 CITY OF MCHENRY ADVERTISEMENT FOR BIDS SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS The City of McHenry will receive sealed bids for services to install, maintain, and remove Christmas lights on trees at Veteran's Memorial Park for the 2006-2007 season until 11:00 a.m., Tuesday, September 19, 2006. All bids shall be addressed to the Administration Department, City of McHenry, 333 S. Green Street, McHenry, IL 60050. Each proposal must be sealed and clearly identified on the outside of the envelope as a "BID FOR CHRISTMAS LIGHTS". Bids will be opened at 11:00 a.m., Tuesday, September 19, 2006 in the Alderman's Conference Room. Award of the bid will be considered at a later meeting of the McHenry City Council within at least thirty(30) days of the date of receiving bids. All bids received prior to the specified date and time,which meet or exceed the minimum specifications will be considered by the City. The City will review each properly submitted bid and will make a selection based upon price, availability, quality and other features of the bid proposals. Bids submitted after I1:00a.m., local time, will not be considered and will be returned to the bidder. The City of McHenry reserves the right to reject any or all bids and to waive irregularities in the bids, and to select the bid that is considered to be the most advantageous to the City of McHenry. Only bids and proposals submitted on forms prepared by the City of McHenry will be considered. Complete specifications and bid proposal forms may be obtained for the City of McHenry, 333 S. Green Street,McHenry, Illinois 60050. CITY OF MCHENRY SERVICES TO INSTALL, MAINTAIN, And REMOVE CHRISTMAS LIGHTS General Specifications GENERAL DESCRIPTION OF WORK This work shall generally include all labor, fuel, supplies, vehicles, and equipment to install, maintain, and then remove Christmas lights on trees at Veteran's Park in the City of McHenry. The lights to be installed will be provided by the contractor. PERFORMANCE BOND A performance bond is not required for this contract. INSURANCE REQUIREMENTS No work under this contract shall be started or performed until the successful bidder has obtained and provided the City with proof of insurance of the following types and minimum amounts. a) Worker's compensation and employer's liability in amounts as required by the State of Illinois. b) Comprehensive General Liability in an amount of not less than $1,000,000.00. c) Property Damage in an amount not less than $1,000,000.00. d) Automobile Liability coverage to include all owned,rented, leased, or hired vehicles in an amount not less the $1,000,000.00. Each Insurance policy issued for this coverage, and the certificate of insurance issued as proof of insurance, must also name the City of McHenry as an additional insured for the period of this contract. In the event that the contractor fails to maintain or renew any insurance coverage during the period of the contract, the City may cancel the contract at that time without any prior notification. No insurance policy issued for this contract may be allowed to expire prior to the completion of this contract, without first providing the City with at least 15 days advance notice of the expiration by certified mail. The contractor shall require any and all subcontractors performing work on this contract to provide and maintain insurance coverage of the minimum amounts specified during the period of the work. Services for Christmas Lights General Specifications Page two Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from his performance and completion of this work. The contractor agrees to assume all risk of loss and to indemnify and hold harmless the City of McHenry from any and all liabilities, claims, suits, injuries, losses, damages, fines or judgments, including litigation costs and attorney's fees, arising out of the work for this contract, including to the extent allowed by law those liabilities, injuries, claims, suits, losses, damages, fines or judgments, including litigation costs and attorney's fees, arising out of or alleged to arise out of, the negligence of the City of McHenry, its officers, agents, and employees. SALES TAX Supplies, materials, and equipment used for or installed as part of this contract are exempt from retailer's occupational tax in the State of Illinois; this sales tax shall not be included as part of the bid price. All other applicable taxes and fees shall be the responsibility of the contractor. SCHEDULE The City of McHenry requests that all lights be installed and in good working order by Saturday, November 18, 2006. All lights to be installed under this contract are to be completely removed after February 5 2007, but no later than February 11, 2007. Please contact Bill Hobson with the City of McHenry at (815) 363-2159 if there are problems with this schedule. MAINTENANCE The Contractor shall be responsible for all maintenance of the lights from the time of installation to the removal, which shall include, but not be limited to, replacement of bulbs, securing loose strings of lights, and replacing strings of lights that are not operational. The contractor shall be required to inspect the lights at least one time per week to make all repairs and complete all replacements as needed. In addition, the contractor shall be required to complete all maintenance within 2 working days when reported by the City of McHenry. NUMBER and LOCATION OF TREES Services under this contract shall include the installation, maintenance, and removal of lights on trees within Veteran's Park that are specified on the attached Park map. Services for Christmas Lights General Specifications Page Three PROTECTION OF TREES The contractor shall complete all work in the best manner possible to protect the trees and to prevent any damage to the trees and tree limbs. Bucket trucks shall be kept away from the tree limbs, whenever possible. If the City determines during the installation and the removal work that excess damage is being done to the trees, the contractor shall be required to stop work immediately and to revise the means of installation and/or the means of removal in order to eliminate the damage to the trees. The City will not allow removal of the lights by pulling the strings from the trees. Instead the lights must be cut off and/or unwrapped from the trees. INSTALLATION Installation may include wrapping individual branches OR "draping" over branches to light the designated trees. Placement and design of the placement shall be reviewed with the contractor prior to installation. The contractor shall connect the lights at each tree to extension cords that carry the power from tree to tree to the power supply provided by the City in the park. Every effort should be made to suspend those cords within the trees and transfer the power to adjacent trees in the air. Laying extension cords on the ground for long runs will be unacceptable. All connections and all plugs must be completely wrapped with electricians tape, or covered with heat shrink plastic, as a moisture barrier. LIGHTS TO BE PROVIDED The contractor will be required to supply all the strings of lights in addition to any replacement bulbs that may be required throughout the season. A commercial grade outdoor light is recommended. All lights for the park are to be clear or white. The contractor is not required to salvage the lights at the end of season and will not be required to remove the lights in working order. TIMERS TO BE PROVIDED The contractor will be required to supply timers for all the strings of lights. A plug in style timer is recommended and should be of a commercial grade or such deemed to handle the electrical load for the stings of lights. Timers will be located within the sealed electrical boxes however they should be able to withstand winter temperatures. All timers should be coordinated and set appropriately for the lights to turn on at 3:00 pm and turn off at 11:00 pm daily. METHOD OF PAYMENT The City shall make two-thirds (2/3) payment of the total bid price upon completion and approval of the installation of all lights within forty-five (45) days of the receipt of invoice. The City shall pay the remaining one-third (1/3) of the total bid price following the completion of the required maintenance and after the removal of all lights from all trees within forty-five (45) days of the receipt of an invoice. The City does reserve the right to make a deduction from the final payment if the contractor fails to provide necessary maintenance after receipt of written notice from the City. CITY OF MCHENRY DEPARTMENT OF PUBLIC WORKS 333 S. GREEN STREET MCHENRY, IL 60050 BID FORM: SERVICES TO INSTALL, MAINTAIN, and REMOVE CHRISTMAS LIGHTS—2006 Bid Opening: 11:00 a.m., Tuesday, September 19,2006 The undersigned hereby agrees to provide and deliver the services described in these specifications and the literature attached to this bid proposal at the bid price shown below. Total Bid Price $ SUBMITTED BY: Company Address Name & Title (Please Print) Signature Phone Date CITY OF MCHENRY BIDDER'S CERTIFICATION In submitting this bid, the Bidder certifies: 1) The prices in the Bid have been arrived at independently,without consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor. 2) Unless otherwise required by law,the prices which have been quoted in the Bid have not knowingly been disclosed by the Bidder,prior to opening, directly or indirectly to any other Bidder or to any competitor. 3) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a bid for the purpose of restricting competition. 4) Bidder is not barred from contracting with City of McHenry as result of a violation of either Section 33E or-3 or 33E-4 of Chapter 720 of the Illinois Compiled Statues Article 33E,Public Contracts (P.A. 85-1295). BIDDER Company Name BY: Signature TITLE: DATE: This certificate must be signed and dated by an officer of the Bidder and returned with the Bid. r TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: August 28,2006,Regular City Council Meeting RE: Real Estate Sign for Pacini Property at Northwest Corner of IL Route 31 and Bull Valley Road Paul Pacini,Pacini Group LLC,Applicant ATTACHMENTS: 1. Letter from Paul Pacini,dated 08/01/06 2. Location Map STAFF RECOMMENDATION:To approve the requested sign variance. Background A letter was received from Paul Pacini requesting a variance to continue to use an existing sign located at the northwest corner of IL Route 31 and Bull Valley Road. The sign was originally approved by the City to advertise the Kresswood Trails development. As this development is now built out, the applicant would like to use the sign to market the corner property. The sign would say, "Commercial/Industrial Property,For Information Call 1-630-529-5440." The existing sign is 8' x 16' (128 sf.)in size and double-sided. Analysis Normally, real estate signs cannot exceed 32 sf. in size. In the past, the City Council has granted variances for larger signs on larger parcels. The commercially zoned portion of the Pacini property is 35 acres and the entire parcel is in excess of 100 acres. Because the sign has existed for several years with no problems, Staff would recommend approval of the requested variance. PACM GROUP LLC . 1278 W.Lake St.Roselle 11.60172 �; � 630-529-7440-Phone 630-529-9103-Fax. V141 City of McHenry, 8/l/06 RE: Sign at the corner of Rt. 31 and BullValley Rd. This letter is presented to the City to request a variance of the current sign ordinance. We wish to maintain the existing 8'x 16' sign posts and panel at the Northwest corner of Rt. 31 and Bull Valley Rd.. We also wish to install new advertising on the panel. The Pacini' Group E j= t•; RS-2 C-5 ........ =-=- i ._._ t _C_g ------.-- 0-2 > C-3 �r 0_2 U yr' D PACO RS-2 . T {^/ T r (� 015YT. 5 0-1 ... I RS C-3 11 r CHA .......... 1 i .IL BULL VALLEY RD. z ! 1 'OE -2 S Ems 4 -14 � r t R•B• ....., IRISM FR,AIRIE MAd10F' I Vll r +rr l a-,. T j. :. 1 , C-5 1 Nr-j, N a AGENDA SPPLEMENT TO: Mayor and City Council FROM: Daniel J.Marcinko,Director of Public Works FOR: August 28,2006 Regular City Council Meeting RE: Municipal Drive ATTACHMENTS: AT&T Proposal Background. At the July 31, 2006 Regular City Council Meeting, the City Council awarded the contract for the Municipal Drive improvements to Berger Excavating Contractors, Inc. for an estimated amount of$1,337,570. Typically, Smith Engineering distributes sets of plans to all of the utility companies for review and comments prior to finalizing a cost estimate. Utility companies usually take a few weeks to review the plans to identify any potential conflicts and will then notify Smith Engineering of their findings. Analysis. During the preconstruction meeting a representative from AT&T informed the city that existing telecommunication lines were in the path of the proposed roadway. Consequently,the telecommunication lines will need to be relocated. AT&T has submitted a proposal for $16,043.80 to perform the work. Although unforeseen, it is anticipated that this will not affect the completion date of this project. Recommendation. Staff recommends the City Council approve the proposal from AT&T to relocate telecommunications infrastructure in conflict with the Municipal Drive project in an amount not to exceed$16,043.80 AUG-15-2006 11:34 FROM:3 2629708454 T0:8153632173 P.003/004 AT&T ILLINOIS at&t Estimate of Cost and Authority for Work AM4A06A (11�J5) Special Construction Charge and Invoice Customer Request Number : 100940 Date 08107/2006 Project Number 5980132 Customer ID: 94703 Billing Information - Billing Party's Name: CITY OF MCHENRY Phone: (815)363-2190 Billing Address: 333 SOUTH GREEN STREET CITY OF MCHENRY MCHENRY,IL 60050 Contact Name: DAN MARCINKO Phone: (615)363-2173 Work Descriptlon& RELOCATE FACILITIES AT BANK DRIVE AND ROUTE 31,CITY OF MCHENRY,IL F_nginearing Remarks; Expenses Amount Engineering Labor $ Material Cost $ 6,975.15 Construction Labor $ 7,085.58 Contractor Cost $0.00 Misc.Tax $0.00 Total Estimated Costs $ 16,043.80 D P -Toro t OSPE Representative: KIMBERLY MARSHALL _ &S Q�t(�rd�t ird�Q41 Title: MANAGER f It Ik-40-9 0 90 a 6306 Phone M. 262-970-8424 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Doug maxeiner,City Administrator Dan Marcinko,Director of Public Works FOR: August 28,2006 Regular City Council Meeting RE: Engineering Services Agreement with Smith Engineering Consultants Inc.for the Design of the South Wastewater Treatment Plant Expansion in an amount not to exceed$1,615,000. Background. At the October 17,2005 Regular City Council Meeting,the City Council considered the Wastewater Treatment Long Range Plan. It was the consensus of the City Council at that time to move forward on the consolidation of the city's wastewater treatment needs at the south plant. The first step in the consolidation process is amending the Facilities Planning Area Plan. The City Council authorized SEC to begin this process The second step is actually beginning the design phase of the project. Staff brought forward an engineering services agreement to the City Council on August 7ei for the design of the south plant expansion. However,there were too many unanswered questions at that time and the item was postponed until such time that the answers to the City Council's questions were available. Analysis. The City Council's questions focused on the estimates for construction costs. The original estimates used were present value estimates based on the estimated future costs of the project. These estimates were$708,228 for the partial upgrade at the CWWTP, $18,021,190 for the 4.0 mgd SWWTP expansion,and$5,131,289 for the pumping station and force main. The anticipated cost for the various components of the project are included on the attached spreadsheet and includes present value costs as well as actual daze of construction projections. The breakdown shows that the anticipated costs have not changed with the exception of the partial upgrade at the CWWTP and an offsetting reduction for the 4.0 expansion. With regard to the engineering services agreement,there are two questions that need to be answered. First,does the City Council want to increase the expansion from a 4.0 mgd to a 4.77 mgd for an estimated increase of approximately$2.0 million? Relative to the cost of constructing a stand alone expansion of 0.5 mgd,this increase is a bargain. However, growth in the City may not make this additional 0.5 mgd necessary. The Northeastern Illinois Planning Commission estimates for 2030 can be accommodated by the 4.0 mgd expansion. Staff s recommendation is to hold off on the additional capacity and stick to the 4.0 mgd expansion. Second, is the City Council interested in a"not-to-exceed"contract or a"lump sum" contract with SEC? A lump sum contract adds approximately$60,000 to the engineering services agreement. However, it also shifts the risk from the city to SEC. If additional work is required on the project, it will be absorbed by SEC under a lump sum arrangement. Historically,the city has utilized"not to exceed'contracts with change orders for additional work. Staff recommends staying the course and using the not to exceed agreement. Recommendation. Staff recommends approval of the attached engineering services agreement with SEC in an amount not to exceed $1,615,000 for engineering design services for a 4.0 mgd expansion of the south wastewater treatment plant and for decommissioning services for the central plant. Consolidation of Wastewater Services at the SWWTP Comparison of Cost Estimates SEC Fall 2005 SEC Fall 2005 Projected Date Present Value Estimate* Project Cost Estimates of Construction Current Estimate** Difference*** Partial Upgrade CWWTP $708,243 $743,640 2006 $1,025,782 $282,142 Option A: 4.0 MGD Expansion SWWTP 2010 Labor 6,307,417 8,050,000 8,050,000 0 Materials 11,713,083 14,950,000 14,950,000 0 Total 18,020,500 23,000,000 23,000,000 0 Option B: 4.77 MGD Expansion SWWTP 2010 Labor 8,850,000 Materials 16,150,000 Total 25,0010,000 10.0 mgd pumping station/force main 2010 Labor 3,335,338 4,256,810 4,256,810 0 Materials 1,795,951 2,292,128 2,292,128 0 Total 5,131,289 6,548,938 6,548,938 0 Total $23,860,032 $30,292,578 $30,574,720 $282,142 Note*: Discount rate of 5%annually for present value used. Note**: Partial upgrade at CWWTP is an actual contract amount. Note***: Partial upgrade at CWWTP includes$352,000 for GBT that will be reused at the SWWTP reducing that future contract by$352,000 Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors PROPOSAL/AGREEMENT For DESIGN ENGINEERING SERVICES AND SURVEYING CITY OF MCHENRY NEW 4.0 MGD SOUTH PLANT DESIGN AND DEMOLITION AND DECOMIVIISSIONING OF CENTRAL PLANT Mr. Daniel J. Marcinko Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: (815) 363-2190 Fax: (815) 363-2173 SEC Job Nos.: MCHE-060535-3 MCHE-060535-4 RELMIV August 23, 2006 AUG 2 3 tarnra►>�a>�itit FVBUC W0M DWf { 4500 Prime Parkway,McHenry,IL 60050 www.sn3idiengineering.com '� Telephone 815.385.1778 Fax 815.385.178.1 Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 2 of 9 I. ro�ect Undestanding� A. General Understanding/Assumptions The City of McHenry operates two (2) wastewater treatment facilities providing service to residential,commercial,and industrial customers within the sewer service area. The City is completing a facilities plan amendment to address treatment needs for the future. The recommended alternative is to construct a new treatment facility adj scent to the existing South Plant and take the existing Central Plant out of service. A new pump station will be designed and constructed (under separate contract) to convey wastewater from the Central Plant Service Area to the new South Plant. B. Design Criteria 1. The purpose of this project is to develop the design for the new 4.0 mgd South Plant Wastewater Treatment Facility. Based on the expected recommendations in the Facilities Plan Amendment, the design will include the following elements: a. Preliminary Treatment: Fine screens b. Preliminary Treatment: Grit Removal, Grit Handling and Disposal Facilities C. Oxidation Ditches d. Phosphorus Removal with Ferric Chloride e. Secondary Clarifiers and Retum/Waste Activated Sludge Pumping Systems f. Filtration g. UV Disinfection h. New Outfall to the Fox River i. Waste Activated Sludge Thickening utilizing a Gravity Belt Thickener process Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 3 of 9 j. Aerobic Digestion k. Digested Sludge Dewatering employing a Belt Filter Press process 1. Odor Control for Sludge Dewatering/Thickening Facilities m. New Administration/Laboratory building n. Maintenance/Storage Building o. Modifications to the existing South Plant to interconnect the two(2)plants to allow more flexibility in operation p. Demolition and decommissioning of the Central Plant facilities and structures and site restoration 2. The design will include provisions necessary for both the new plant and the existing South Plant to operate in tandem. The new treatment plant will receive all of the City's wastewater. After preliminary treatment (screening and grit removal), part of the flow will be sent to the existing treatment plant. Secondary effluent (from the secondary clarifiers) from both facilities will recombine for filtration, LTV disinfection, and discharge to the Fox River. 3. The gravity belt thickener, sludge feed and transfer pumps, and the polymer feed system currently being installed at the Central Treatment Plant will be relocated and placed into operation at the new plant. The new solids handling facilities will be designed to use this existing equipment. 4. The ferric chloride storage and feed system design will include an evaluation of how to eliminate redundant facilities at the two (2) plants. One (1) central facility for storing and feeding ferric chloride would be favored since it will reduce chemical handling and keep all of the chemical in one location. 5. Development of the site layout will include looking at the ultimate"build-out" of the South Plant site. The site will be developed to maximize treatment plant capacity,which may be required in the years beyond 2030. This will allow the City to route piping and utilities in a manner that will avoid conflicts with future construction and make them accessible for connection to future facilities. 6. The design phase will include preparation of a 30%Design Report that will be reviewed by the City. A 30% cost estimate will also be included. Comments from the City will be incorporated into the Final Design. The design will also be reviewed at the 50%complete stage,but without a formal report. Comments from this review will also be incorporated into the Final Design documents. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 4 of 9 7. Plans and specifications for the project will then be developed during the Final Design phase. At the 90% design completion phase, the design will be reviewed again by the City. These documents will also be submitted to the Illinois Environment al Protection Agency (IEPA) for review and approval. Smith Engineering Consultants, Inc. (SEC)will assist the City with obtaining IEPA approval. aqO1P9A r 9 A. Basic Services to be provided by SEC for this Project under this Agreement areas follows: 1. Participate in a project kick-off meeting with the City of McHenry. This meeting will be used to discuss,confirm and obtain agreement on such things as the City's goals and objectives for the project, the project plan, schedule, and project deliverables. 2. Develop survey information for the plant site. Provide a Topographic Survey for design purposes for the site to be developed (assuming an area of 700'by 800 west of the existing treatment plant entrance road). Include spot elevations to check the topography already completed for the existing plant site and of the major existing plant structures. Provide a Topographic Survey of a 100'wide area north of and paralleling Charles Miller Road from the intersection of the existing plant road east to the Fox River. 3. Subcontract with a geotechnical engineering firm to perform subsurface explorations and prepare a Geotechnical Engineering Report for the design of the proposed facilities. It is anticipated that the geotechnical subsurface exploration will include a program of twenty- five (25) soil borings and a Geotechnical Report that provides foundation design and site work design recommendations. Fees for geotechnical subconsultants are included in this contract. Ten- thousand dollars has been allocated for environmental subconsulting. Any additional fees will be considered extras and will be passed directly to the City. 4. Perform wetland delineation and assist with IEPA permitting for the outfall through a wetland area to the Fox River and U.S. Army Corps of Engineer Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 5 of 9 (USACE)permitting for the outfall in an environmentally sensitive area. SEC will confirm the wetland delineation, and complete the IEPA and USACE permitting required for the design and construction of the facilities, especially the outfall sewer through the wetlands area to the Fox River. 5. Develop design basis memorandum for the new treatment facility,and develop design concepts for modifications at the existing treatment facility. Size new equipment for the processes. Prepare hydraulic profile and solids balance for the new facility. Develop list of equipment manufacturers. Meet with the City to review and incorporate comments. 6. Prepare process flow sheets for each unit process for the new plant. Develop process flow sheets for affected processes at the existing treatment facility. Develop control strategies for each process, and meet with the City to review and incorporate review comments. Prepare Process Instrumentation and Control diagrams. 7. Develop design concepts for architectural,plumbing,and HVAC aspects of the. project. Prepare technical memorandums describing the concepts. Submit to the City for review and comment and incorporate comments. 8. Prepare Preliminary Layout Drawings for the new treatment facility,including building layouts,tankage,miscellaneous structures,and site plan. Develop Site Plan showing ultimate plant build-out. Prepare layout drawings for affected areas at the existing treatment facility. Meet with the City to review and incorporate comments. 9. Prepare a 30% Design Report that includes the design basis memorandum, hydraulic profile, solids balance, Process and Instrumentation. Diagrams, preliminary layouts, site plan, catalog cuts for major equipment, design concepts for architectural features, electrical, plumbing, and HVAC, and construction cost estimate. Submit to the City for review and comment. Meet with the City to receive comments and incorporate comments into design. 10. Prepare final layout drawings and meet with the City to review and obtain final approval of final layouts. This will serve as the 50%design complete review meeting and incorporate any review comments. 11. Prepare preliminary drawings for the decommissioning and demolition of the existing Central Plant, and restoring the site to lawn. Submit to the City for Mr.Daniel J.Marcinko City of McHenry New South Plant.Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 6 of 9 review and comment. Meet with the City to receive comments and incorporate comments into design. 12. Prepare plans and specifications for project. Submit 90%complete documents to the City for review. These documents will also be submitted to IEPA for review and approval. Assist the City with obtaining IEPA approval. 13. Perform internal quality control review. Meet with the City to review final design set and incorporate final review comments. Incorporate any comments from the IEPA review. III. Poct , SEC shall be authorized to commence the services set forth herein upon execution of this Agreement. A proj ect schedule showing completion dates and milestones will be provided upon execution of this agreement. It is expected that the Scope of Services will be completed in eleven(11)months after execution. IV. V'ee umma ' This Contract will be completed as a Time and Material,Not to Exceed the amount of$1,585,000.00 for the services described above. This compensation is based on the assumption that detailed field surveys and sampling will not be required in order to obtain the IEPA outfall permit. If complete field surveys and sampling is required,. the compensation would be increased by an additional $30,000.00. This compensation is based on the assumption that the work will be completed in 2006 and 2007. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 7 of 9 V. 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. 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 employee's negligent acts,errors or omissions. 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. 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 attorneys 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 MC14ENRY 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. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 August 23,2006 Page 8 of 9 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. 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. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. 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. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and 4 August 23,2006 Page 9 of 9 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 CITY of McHENRY and Consultant upon both parties signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Robert J. Wegener, P.E. President/Chief Executive Officer KMF/CJP/saz CITY OF McHENRY: Accepted by: Printed/Typed Name: Title: Date: CITY of McHENRY: N:Uobs\Snrith\2006\060535 MCHE New South Plant Design\Adnfinistration\aontract\Proposal-REVISED-cjp-071806.doc A V AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel I Marcinko,Director of Public Works FOR: August 29,2006 Regular City Council Meeting RE: Water Supply Wells No. 9 Background. In April of 2006 Public Works performed an inspection of each water supply well to compare the current production with the original design capacity. Over time sedimentation and chemical deposits accumulate at the base of the wells resulting in reduced water production. It was determined that the water supply of Well No. 9 has decreased significantly and could benefit from rehabilitating the pump. Analysis. Last year Water Well Solutions Drilling Division, LLC. was contracted to rehabilitate Well No. 5. As a result, Well No. 5 experienced a significant improvement in pumping capacity and is currently producing at the original design rate of 500 gallons per minute. By rehabilitating Well No. 9, staff feels the City could potentially gain an increase in production by 25%. Therefore, staff requested Water Well Solutions Drilling Division, LLC to submit a proposal to rehabilitate Well No. 9. The cost to perform this work is $8,400. Staff has included $20,000 for this project in the 2006/07 fiscal year budget under the Water Division Contractual Services. Recommendation. Staff recommends the City Council approve the proposal from Water Well Solutions Drilling Division, LLC to rehabilitate Well No. 9 in an amount not to exceed $8,400. y WATER WELL SOLUTIONS Drilling Division, LLC August 7,2006 Mr. Ion Schmitt City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: Well No. 9 Dean-.lon: Based on our recent conversation we are providing a proposal.for the removal and inspection of the submersible pump in the City's Well No.9. After the testing in February of this year the pump was found to be about 25%off incapacity, At that time the pump was producing about 600 GPM at the designed total dynamic head of 280 feet. This is 200 GPM below the 800 GPM that the pump originally produced. We propose:to mobilize a crew with a pump pulling unit to the site to pull the pump from the well and perform a field inspection of the equipment. The well depth will be measured and if necessary the fill will be bailed from the well bottom. The complete pump assembly will then be loaded and transported to our shop for complete teardown, sandblasting and inspection. The existing Byron Jackson motor will be mcgger tested at the pigtail and if necessary serviced. Once the complete pump has been inspected a detailed report will submitted to the City for approval before the repairs are made. When completed the pump will be Te installed in the well,the well disinfected and pump test performed to verify the pump production. If the City would elect we could perform a dowrthole video inspection of the well prior to re-installing the pump. Outlined below is breakdown of the costs to pull,inspect and reassemble the pump: • Mobilize to site,setup and pull pump. Field-inspect,measure well depth and transport pump to Oconomowoc shop. Estimate...........................................................$2,600.00 • Shop labor to teardown pttmp,sandblast and inspect. Reassemble and paint. Estimate...........................................................$l,900,00 • Return to site, re-install pump with new airline and gauges,disinfect well and perform a one hour pump test. Estimate...........................................................$3,900.00 Total Estimated Cost less Repair Parts......$8,400.00 Water Well Solutions Drilling Division.t.LC*P.O.Box 9*Coal City,1T,60416 Toll Free(888)769-9009*Mobile-(708)774-1385 *Fax(920)474-4771 Water Wc11 Solutions Service Gmup,Inc.•N97 W 36051 MapIcinn tit.'(konnmowtx.wl 53066 T,l!Frec(988170--901N1 r)lhrnn I9201474.4777•F_x(920)474-0771 Mr.Jon Schmitt City of Mcffonry, Illinois Page 2 of 2 If the pump only requires a typical overhaul with new wear rings,bushings and a bowl shaft the pump repair cost would be around$2,500.00. If the City would like to perform a downhole video inspection of the well while the pump is out the additional cost would he S 1,500.00- Water Well Solutions is looking forward to assisting the Cityin meeting the water supply needs of the future. If you have any questions,please do not hesitate to contact us. Very truly yoars, WATER WELL SOLUTIONS DRILLING DIVISION, LLC Timothy L. K y Vice President Drilling Division x-;vsrrsn�r..;Trx:nir�,x.+:�r•rtr,a„ufrt��IlYLvrrr 6 h..ro,ai'unrxgHrrQuara a•7.uerra: MAYOR'S REPORT TO: City Council FROM: Mayor Susan E. Low FOR: August 28, 2006 Regular City Council Meeting RE: Landmark Commission Appointments At the August 28 City Council meeting, I intend to make the following appointments to the McHenry Landmark Commission. Patrick Wirtz has been selected to complete the term vacated by former commission member Dawn Johnson. James Johnson has been selected to the term previously held by Greg Lofgren. A copy of the applications completed by Mr. Wirtz and Mr. Johnson are attached. Please contact me prior to the meeting if you have any comments or objections to the appointments, thank you. mmg - 0 _ 1 �3'ofMcHenry AUG E 20-;6 Appl cation for Committee, Commission or Board r CITY OF PcHENRY ce the Mayor,City of McHenry,333 South Green St,McHenry IL 60050 to L—" "I. flO�lidIS1'��TIO�i M Connifia e/Commission/Board. 1. Name: use: LI ZA 6ETMAqtj pf� EAddress: D. cN © So Phone: Home a 1s-385'-olq) work NA_ Mobile �( City Resident Since:— l q qg 2. In this Section please use P for Presently,F for Formerly. Ea Elected.or Appointed Positions Held-. of Organizations(list offices held): I' P SfAZ 00M �11 �1L CWm* - QBL HA1A R p c ...) onai Background: ►te -rio c+#0VL C _ ENR — T 11 4 oo — rc 1 s YE r � 6UR Formal Education SPECfAt EAr fCA'r—PQ MI 9PA %_7ttDJES 3.Do you or any of your close family or business connections own,hold stock in,serve as director of or work for any business which provides products or s c:es to: City of McHenry Other Government Entity. ? If yes,,please identify and explain: yi /(fin t SrsRE E��Pp r�/ER �H�E'iS G1/��+Xt �i�iPttE/t7�IiEy� fi(.4 TE2 4•Do you or any of your close family or business connections serve on any Committee,Commission,Board or otherwise with an organization or agency winch has,or may have,any business or personal transactions with the Committee,Commission or Board to which.you are making application? If " es please idea*and explain: 8e0 rNER i 5.Are you gene���y with the functions and workings of the Commiitee/Commission/Board to which you are making application? fV07- ell Have you attended meetings of this body? ,tl YA#& 40, What prompt��WinA" you m apply for consideration to this pion? K��S �S '�D BY �l � JSf SDGETy -7,& DNS!© What studies,responsibilmes,accomplrshmeris,publications or community have you cipated' or initiated Vh you feel may s�on�this position?.T E OF ES *. RA! /� Other comments: Ck N o aiT t C&C�1 D� °�S� W 7_/,0Al pf /STcve.`/ oTiti'lf T •�li' , Other information you would ' to nde may be attached to this apg�icairon The Mayor,benng responsrble for appointments to Committees/Commm oard will interview each applicant personally.What days d times are you Signed Date. / 2 The Mayor and the o McHenry Nish thank you for your' est It' amrec late& Date Received: Date Considered. Action: Revised:3/16/05 City of McHenry Application for Committee, Commission or Board Mail or Deliver to: Office of the Mayor,City of McHenry,333 South Green St,McHenry II,6005o JUL Z 4 ` C Application for Appointment to l-A rJ D MJI r r` Committee/Commissob ii SH Ell it y 1. Name: Jq AAf-S S, ✓oHnlS�nl �i .: __,Si��.tlOv Spouse: l�/4N�' Address: 5Ra 7 >^r r.�-D sr�n/ '-T'R , Phone: Home_¢,tE-�-_ Work SE j-3 3 S-$0-s( Mobile City Resident Since: oZ,z 2. In this Section please use P for Presently,F for Formerly: Elected or Appointed Positions Held: Member of Or ' Lions(list offices held):_ C O nn M 1 RC I 'R vA,rc on1 i'c-+a C t� - 7 c etc -f cY ose- Obm�onal Background: 597, V'Lct: C /ask - G� NW A-11_w 96:nl70P, e rJ arr ,� r 4V►Sr C-. �3) ��1 e Formal Education: ;err-r I( U E aTj5gN 01V I') 3.Do you or any of your close family or business connections own,hold stock in,serve as director of or work for any business which provides products or services to: City of McHenry Alo _Other Government Entity N If yes,please identify and explain: 4.Do you or any of your close family or business connections serve on any Committee,Commission,Board or otherwise with an organization or agency which has,or may have,any business or personal transactions with the Committee,Commission or Board to which.you are making application? t\fp — If "yes"please identify and explain: 5.Are you generally familiar with the functions and workings of the CommitteeJCommission/Board to which you are making application? Have you attended meetings of this body? i�C) What prompted you to apply for consideration of appointment to this position? ►o C,�WJ-M eo ng' r�E,JT $F CbMMuA/j^rY What studies,responsibilities,accomplishments,publications or community projects-have you participated in or initiate which you feel may qualify you for this position? a:Z TN CCtfi F-P - t^) ►l3 t Other comments: t,o cA L (2F Frei r IC r_'�' — 7CH r 13 i r Other information you would like to include may be attached to this application.The Mayor,being responsible for appokmments to Committees/Commissions/Board will interview each applicantpersonally. What days and times are you a M 2e 0 �A 71 Signed: Date:_ 7//-Z)/©c The Mayor and the C' `/o eSenry wish to thank you for your' erest.I is appred4tedl Date Received: �t Y Date Considered: 'd (e Action; Revised:3/16/05 City of McHenry (Exhibit 1) Application for Commission In May,2001,my wife Nancy and I bought a house in Del Webb's Sun City-Huntley development. In August,2004,1 was appointed by Village president Chuck Sass and the Huntley Board of Trustees to the newly formed Huntley Historical Preservation Commission. The challenge to this group was to establish historical districts within the Village and to pres=c significant properties. The Commission determined that its initial goals were to conduct an inventory of properties within potential historic districts and to begin steps toward achieving Certified Local Government(CLG) status so that the Village and its property owners might be eligible for Federal or state grants or other assistance. During the following twelve months,I attended all meetings of the Commission,plus joint meetings with other village boards and commissions. All members contributed to various start-up efforts, including community outreach and information-gathering from more experienced commissions (Marengo,AlgongL,McHenry County etc.). My assignment was to conduct initial field surveys of properties along historic Woodstock Street and within the central business district I constructed a Word template for an inventory system,took digital photos and wrote brief descriptions of approximately 50 candidate properties and obtained property tax identification numbers from the Township. The Commission members worked well together and we accomplished much in our first year. With regret,I resigned from the Commission in August,2005,due to moving my residence to McHenry. Since retiring from the Federal Deposit Insurance Corporation in January,2001,I have sought community involvement in areas where my background and training might be useful. From 2002- 2005 I assisted Chief Jim Saletta of the Huntley Fire Protection District in drafting several grant applications. This included successful grant awards from FEMA,the Grand Victoria Foundation and other agencies. I also worked to a limited degree with grant applications for Chief Randall Walters of the Huntley Police Department. In August,2003,I was appointed Director of the Chester Gould-Dick Tracy Museum in Woodstock. This is a modestly paid position requiring 1,000+hours annually,for preservation of historical documents and artifacts,along with the administrative and promotional tasks of operating a Public facility. My work background includes 23 years with the C&NW Railway(Assistant Vice President of Purchasing)and 9 years with FDIC(Senior Contract Specialist). While I am new to the City of McHenry,I've lived in or near McHenry County for many years. From 1973-1978 I was a swom member of the Oakwood Hills Police Department,was promoted to Sergeant,and served as Acting Chief of Police for 18 months(2/76-8/77). From 1982-1993 our residence was in Crystal Lake. With transfers by FDIC,we later lived in Des Plaines and Arlington,Virginia.. I hope that this combination of direct and indirect experience may qualify me as a member of McHenry's Landmark Commission. (Exhibit 2) Local reference list: Mrs.Jean Could O'Connell,Chairman,Chester Could Dick Tracy Museum Foundation Carl Tomaso,Village Manager,Village of Huntley Dr.Brian Sager,Mayor,City of Woodstock Don Peasley,Historian,Woodstock Jim Saletta,ChK Huntley Fire Protection District Hon.Jack Franks, State Reprove, State of Illinois Ken Martin,Martin Accounting&Tax,Crystal Lake a Z � m m ! v 0 m m � � m cn m -o c n z C 3 IS Dl a m m z Z r ^loommilk .. So So I , So It PEARL STREET doo or I _._. . ._ _ _ _- may' _^�\ �.: , �)•. .- _ . . . _ - I� IS modoss Is 6 "Imp Silo 0 mo0W so So Is Is So � aircn w � . 1 . ' IlIms a , 7C7 O ..-! .� ��� , ..�,., r n „ _ � . \ � • ' ` ` pop 0 sLL `�dem IS N / T _ it too ` .. r-- rn So 4 IS It O -< U. ,, Ji IF Soso swo — totood. - . 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