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Home My WebLink AboutPacket - 08/07/2006 - City Council City of McHenry www.ci.rnchenryJ1.us 333 South Green Street ' McHenry,Illinois 60050-5495 ,! Mayor's Office (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Clerk's office Monday, August 7, 2006, 7:30 P.M. (815)363-2100 Fax(815)363-2128 Administration 1. Call to Order (815)363-2108 Fax(815)363-2119 2 Roll Call Public Works Community 3. Pledge of Allegiance Development (815)363-2170 4. Public Hearing (continued from July 31, 2006): Fourth Amendment to Busch/Knox Fax(815)363-2173 Annexation Agreement — Angelus East Memory Care Facility, 3300 Charles J. Miller Parks and Recreation Road (815)363-2160 Fax(815)363-3186 5. Public Input Session — 10 Minute Limitation Police Non-Emergency -2200 6• Consent Agenda: (815)363 Fax(815) 3-2200 A. Request for special event liquor license,temporary use,temporary signs, and waiver of all associated fees from St. Paul's Episcopal Church; B. Block Party Requests; Mayor C. Request for Picnic Permit; Susan E.Low D. July 31, 2006 City Council Minutes; and E. As Needed Checks. City Clerk Janice C.Jones 7. Engineering Services Agreement with Smith Engineering Consultants, Inc.for design of 4.5 mgd South Wastewater Treatment Plant Expansion not to exceed $1,780,000 lYeasurer David M.Welter 8. Ordinance adopting Updates to Building Codes Aldermen WARD 1 9. Amendment to Zoning Ordinance Chapter IX, Signs Victor A.Santi 10. Mayor — Statement and Reports WARD 2 Andrew A.Glab 11. Committee Reports WARD 3 Jeffrey A_ Schaefer 12. Staff Reports WARD4 13. Future Agenda Items Steven C.Murgatroyd WARD5 14. Adjournment Richard W.Wimmer Posted and Mailed: August 2, 2006 WARD 6 Robert J. Peterson WAFkD7 Geri A- Condon PUBLIC HEARING TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: August 7,2006,Regular City Council Meeting RE: Public Hearing for the Fourth Amendment to the Busch-Knox Annexation Agreement for property located at 3300 Charles Miller Road Applicant: PRDC,Virginia Gully ATTACHMENTS: 1. Fourth Amendment to the Busch-Knox Annexation Agreement 2. CDD report to the Planning and Zoning Commission 3. Unapproved Planning and Zoning Commission minutes dated July 6,2006 4. Application Packet 5. Ordinance approving the amendment to the Annexation Agreement 6. Ordinance approving a conditional use permit to allow the memory care facility and a variance to allow multiple buildings on a zoning lot STAFF RECOMMENDATIONS: To consider the recommendation of the Planning and Zoning Board and approve the attached Ordinances: 1) Amending the Annexation Agreement(Mayor and City Council vote);and 2) Granting a conditional use permit and variance to allow the proposed memory care facility(City Council vote). Background The Busch-Knox property was originally annexed in 1995. The annexation agreement allowed.multi-family condominiums on the subject property. Windsor Development purchased the property in 1999 and the City Council approved an amendment to the annexation agreement to allow the construction of a 90-unit senior living facility. Construction on this facility started but was never finished. PRDC purchased the property from Windsor Development in 2003 and the annexation agreement was amended to increase the number of units to 114. Construction of the facility has been completed and units are occupied PRDC is now interested in constructing a 36-bed memory care facility on the property. The facility would be designed for mobile patients with all types of memory-related diseases. The proposed building is designed around a central open space which has a calming effect on patients. There are no dead end corridors in the building and exit doors would be secured and have alarms. Rooms for patients will have a bathroom but no showers. Four assisted bathing areas are proposed and all meals and activities would occur in common areas. The proposed building would be located west of the existing assisted/independent living facility. It would be single-story,constructed of brick and siding,with hip roof lines, similar in appearance to the existing building New parking spaces would be provided on the east side of the building. To accommodate the facility, a conditional use permit is required, along with a variance to allow a second principal building on a zoning lot. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval the requested conditional use permit and variance(6-0 vote). Annexation Agreement The 0 Amendment to the Busch-Knox Annexation Agreement has been drafted. The draft upholds the provisions required by the City in previous agreements and also includes the following special terms: • Paragraph 2,Zoning(p.2) Following the amendment to the annexation agreement an ordinance shall be adopted to approve 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. • Paragraph 3 and 4 Miller Road access(1).2) 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 0.3) 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. Staff supports the proposed zoning changes and amendments to the annexation agreement for the memory care facility. The memory care facility will be an asset to the community and the PRDC site will provide various levels of senior living in a campus-like setting. 6 FOURTH AMENDMENT TO THE BUSCH-KNOX ANNEXATION AGREEMENT This Fourth Amendment ("AMENDMENT") is made and entered into this day of , 2006 between Professional Realty and Development Corporation—Illinois (PRDC, the"DEVELOPER"), and the City of McHenry, Illinois, an Illinois Municipal Corporation(the"CITY"). RECITALS WHEREAS, the OWNER, CITY and certain other parties previously entered into the Busch Knox Annexation Agreement (the "ORIGNIAL ANNEXATION AGREEMENT"), dated as of April 28, 1995, and recorded as Document No. 95ROI 7527, the First Amendment to the Busch Knox Annexation Agreement (the "FIRST AMENDMENT"), dated as of October 2, 1996 and recorded as Document No. 96R059136, and the Second Amendment to the Busch Knox Annexation Agreement (the"SECOND AMENDMENT"), dated as of November 17, 1999, and recorded as Document No. 2000R0001366, and the Third Amendment to the Busch Knox Annexation Agreement (the THIRD AMENDMENT"), dated October 6, 2003 and recorded as Document No. 2004R0001228, all in the Office of the County Recorder of McHenry, Illinois, pursuant to which, among other things, the CITY annexed the Land and allowed certain land uses on the Subject Property thereunder, The ORIGNIAL ANNEXATION AGREEMENT, THE FIRST AMENDMENT, THE SECOND AMENDMENT, THE THIRD AMENDMENT and this AMENDMENT as may be further amended are collectively called the "ANNEXATION AGREEMENT." WHEREAS, the THIRD AMENDMENT allowed the DEVELOPER to construct a facility with 114 age restrictive apartment units for senior, independent, congregate and assisted living, together with food service, limited retail activities, appurtenant office and mechanical areas, and enclosed garages (collectively referred to as "IMPROVEMENTS") on a part of the Subject Property(the"PROPERTY") legally described on Exhibit A attached hereto, WHEREAS, the OWNER has completed these improvements and now desires to expand the senior services to allow a memory care facility. WHEREAS, the DEVELOPER and CITY desire to enter into this AMENDMENT in order to ensure the completion of the proposed construction of building and parking improvements for a 36-bed memory care facility(the "EXPANSION"). WHEREAS, the CITY has determined that this AMENDMENT is in the best interest of the CITY,will promote sound planning and growth of the CITY, and will otherwise enhance and promote the general welfare of the CITY and its residents. WHEREAS,this AMENDMENT is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq. WHEREAS, prior to the date of this AMENDMENT a public hearing was held upon proper notice and publication as are required for the CITY to effect the terms of this AMENDMENT. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Fourth Amendment. Upon the execution of this Fourth Amendment,the CITY shall adopt an ordinance approving the Fourth Amendment to the Busch-Knox Annexation Agreement and shall file a copy of said ordinance,together with the Fourth Amendment, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. 2. Zoning. Paragraph 2 of the SECOND AMENDMENT is hereby amended to include the following sentence at the end of the paragraph. "Immediately following the approval of this Fourth Amendment,the City shall adopt an ordinance approving a Conditional Use Permit to allow a nursing home and an ordinance approving a variance to allow multiple buildings on a zoning lot for a 36-bed memory care facility to be constructed west of the existing IMPROVEMENTS. 3. Access to Miller Road. Paragraph 4 of the SECOND AMENEDMENT is hereby amended to include the following sentence. "The DEVELOPER shall be allowed to use that existing curb cut and driveway onto Charles J. Miller Road until such time that the McHenry County Division of Transportation requires a change to said access configuration. If the McHenry County Division of Transportation determines that the existing curb cut and driveway need to be moved to the Valley Road location, then, at such time that the Valley Road improvements are completed and accepted by the McHenry County Division of Transportation, the DEVELOPER shall have 12 months to construct a driveway connection from the existing parking lot east to connect with Valley Road. 4. Abandonment of Access. At such time that the McHenry County Division of Transportation and/or the City of McHenry construct the improvements for the Charles J. Miller Road widening and should the McHenry County Division of Transportation determine that the existing driveway needs to be moved to the Valley Road location, the existing western most access onto Charles J. Miller Road for this development shall be narrowed and converted into an emergency only access. The DEVELOPER shall work with the County to execute this change. The DEVELOPER shall also work with the County to abandon the existing emergency only access. 5. Charles J Miller Road right-of-way dedication. The DEVELOPER shall dedicate 15-foot of right-a-way for the future expansion of Charles J. Miller Road along their southern property line. The dedication shall consist of the existing 10-foot M.U.E. and an additional 5-foot beyond that as depicted in Exhibit C. A copy of the recorded Plat of Dedication shall be provided to the CITY within 6 months of execution of the Agreement. The existing monument sign will be allowed to remain in the right-of-way until such time that widening improvements to Charles J. Miller Road are started. Upon commencement of such improvements, the sign shall be relocated at City's expense to meet the requirements of the CITY'S sign regulations. . 6. Valley Road right-of-way dedication. Within ninety(90) days of written notification from the CITY, DEVELOPER shall dedicate to the CITY a 30- foot portion of property along the southeastern property line, as depicted on Exhibit D, for the construction of Valley Road. 7. Site Development. The first sentence of Paragraph 10 of the SECOND AMENDMENT is hereby amended to read ".....shall consist of a 114-unit senior age-restricted facility and 36-bed memory care facility....." and ".....and 2C respectively and Exhibit B, B-2, and B-3 for the Site Plan, Landscape Plan and Elevations respectively for the memory care facility." 8. In the event there is a conflict between the provisions of this Fourth Amendment and any other provision of the AGREEMENT, the provisions of this Fourth Amendment shall control. All sections and exhibits of the AGREEMENT not in conflict shall remain in full force and effect. 9. In addition to the notice heretofore required under the terms and provisions of the AGREEMENT, notice shall also be provided at the following addresses: DEVELOPER: Virginia Gully c/o PRDC-Illinois 5119 Farmington Close Rockford, Illinois 61114 WITH COPY TO: Mark Saladin Law offices of Militello, Zanck& Coen, P.C. 40 Brink Street Crystal Lake, Illinois 60014 Office of the City Administrator 333 S. Green Street McHenry, 1160050 WITH COPY TO: David McArdle Law offices of Zukowski, Rogers, Flood and McArdle 50 N. Virginia Road Crystal Lake, IL 60014 10. It is agreed by the parties that this Fourth Amendment to the Busch-Knox Annexation Agreement and its subsequent amendments may hereafter be amended by the CITY and the record title holder and DEVELOPER of the parcels being affected by said amendment without the necessity of other parties to the Original Annexation Agreement, the First Amendment, or the Second Amendment to join in said subsequent amendment or amendments. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. DEVELOPER Professional Realty and Development Corporation By: Name: Title: CITY CITY of McHenry, Illinois By: Name : Susan E. Low Title: Mayor Attest: By: Name: Janice C. Jones Title: City Clerk LOCATION MAP ' LL N.T.S. SITE DATA; CONDON s ; TOTKLAWAREA-0f,CSSOPT-12MACRES aueurrrrwwrwwr T; t AIrMORI YrmrO/ EUSTMZCAMW-Rll-rREQUF .u7.m. r a n ,Ai pYluY r 1 S=2VNp.RM-r ILDIMMwWi waver m JE92 51 PROF.REALTY& ., STKLSREOUNIEdAPPROM DEVELOPMENT • FOR EXfBTMKiBUXOM-6a8TAlL8 CORP. : MrDDLEMV,, lJE° - m NLWBMKiNCM1ERE0(/ S' R4SCON im MPLOYEESXlBTKU43VkUEAIPLOYEF-13STK[S f` W BEOSX l BTKLW EMS-#STKLS PROPOS®STALLS REQUOM-22 Ar An •.cIw,rrs irr '/ 4f=�^:! 7O7KSTKLSAEOUMED-X+21r77 TOTAL BTALLSPROV10E0-rrr e . •� MAAVCAPMSTKLSREQURW-J A K4mwa4PPIDS7KLSPROVl=-B ArM 31 247.83 waltor says (7iD.71SAM „ /hprvA�p�dMftlrpwmishn dWooMorAMrp PWrrNrR Yra Ro, i Bhdr. I J9cruA A2w COREYT.MA BE Iar�wwnw COREY T.MASE i I ou'lury COMM LEGEND arwrwww JABOHA.MrcM¢ rAara� eaBrw II ANGELUSE4ST uwraara "A ® ® MEMORYCARE m"m • O i I FACILITY RARnoaornam • n i nomrrww �� _ i MCFrENRY, fLUN0/9 MAW WATnlYMM � -- AWHYIDUNr mmumu.T - navrom --- I aroreay. +tom .rpmuLm MT x zt j I ampw i MUM4 FARRIM ~s co ,,.AL y NOTM ',"Jor W Met,axrrAAYaffmw ArorwrwrmroearoarmaAro / S PfMMMLfMMk0&l 1 ►tAft O AC►GOWIOtlt f�f ® 11CMVBAMro/n Fn1bV® w nws17N10 DO "pWInNnR ® F BICMYBIlNfroAB610Y10 ' A/OA'B•lAM mwsnw IA MiC w.ut-wresAr.urnirreAnnumn .,,-auawnoiBruerwn /IInrN "In��IW � .Ac. ( •N � � EJD'IREB rrrwBT ------------- PRDC-0602" — SHEET TITLE PRELIMINARY 5 • I slrE PLAN GRAPHIC SCALE TO 156 ; BNEET NUMBER (Harry 1 OF 2 ihri•N t ' - LOCATION MAP N.T.S SITE DATA; CONDON r. ',w•"�; .. E' TOTAL LAWARL:i1•'$1,,WSO Fr-12.8QACREB wuww•wnAuwar ' �, ��y4r�� Di0S1LVO -klFf s[rnoiaau•e[[mA sssz. '°s�° 51: aEouEsrEosnMdva-RMcf PROF.REALTY& DEVELOPMENT �Aua CORP. s .,;�,�. MWYa"' t IAFIBNVONOM/EREOU1RFi1�NTS - dlroOY.ETOA .� �. R Wnw Au• IMPOR yjamoyMIXISTALLWIPLOYPE•13STAUS WWCONSW 3ffmsXisrALLNSE08-857AU.8 mapamosrAU.EREQUaW.22 TOTAL STALLSREOU8M:0+22-T1 X TJLC[. 1 TOTAL STALUSPROVIDEOIII 'mA I14140C4PPLDSTALL8RL-0UI M I r B .6 NAACCMPPW SMUS FRONDED-S 31 24Z89 Sa4pr � ps.7) ... tarLaessm SSW Rp,•a�ewe+Pw,rrwmsaoa�anr>wwA�aeuw�,.rye Rarrwc,rrar � COR Y7..MUSE araw[waI Room COREYT.RASE CLIALMYCONIM i; O �ILEGEND ' JASONA.MIC HEL ararwruw ►+ "b 1 ANGELUSEAST w�a ® ® I t MEMORYCARE snm UM O i+ FACILITY nAII®acarencw � > �, smwal"m �_ MCHENRY, Awaim I LLuxas aw"N 0 nwiu"W _ IsutiwAutr rzwmm --- ,v Sporn". 00- srmwumff x mwPorr -r I OMY"RANIM rY TMELM Auaraw[enml wwrAlnwslnar I"IwFcommmov ANo"afmlm"�cflrrottLswalAo / /YItJaImwAG10 � � a %MPWMffMMP0 w®mNPLAW AwOamfm[ 7Bf ® sr c awwcMVIt +� rrlma�rro�aneworm as AM/0V® [IWfAl11R AW#Mft® ®lr7Cwi S ^ w MOI�{AM 50 PIIWMVmfIM � , AVfine Msua ununaA[eamn M/ rfa•Palnnl�weurwmlmR � rAaam— omaesrR ..,.suaaxowmMarwt ROW * PROP. .i mama ro iC N y �� E7tPiRE81 VlaW ' ____===-�ED�t TAD PROG-OB0239 8i{EET T11LE PRELIMINARY SITE PLAN GWHIC SCALE ' SHEET NU"B!'R r w r • ,w iwP>mrl 1 OF 2 Community Development Department Report File# Z-680 July 6-2006 Applicant Professional Realty and Development Corporation(PRDC) Virginia Gully,Vice President 5119 Farmington Close Rockford,IL 61114 Requested Actions Conditional Use Permit to allow a Nursing Home and Variance to allow multiple buildings on a zoning lot,upon amendment to the Busch-Knox Annexation Agreement. Site Information Location and Size of PMP= The subject property is approximately 13 acres located at 3300 Charles J. Miller Road. Co prehensive Plan Designation Medium-Density Residential Existing Zoning and Land Use The subject property is currently zoned RM-1, Low Density Multi-Family Residential and is currently improved with a 114 room assisted care facility. Adjacent Zoning and Land Use North: RS-2,Medium Density Single-Family Residential South: RS-1,Low Density Single-Family Residential,RS-2 Medium Density Residential and A-1 Agricultural(McHenry County) East: E,Estate,planned for future expansion of the South Wastewater Treatment Plant West: 0-2,Wheeler Park Fen Description of Request The applicant is requesting a Conditional Use Permit to allow a memory care building on the Angelus East Retirement property. The facility would provide continuous care for patients with Altzheimer's Disease and other types of memory-related diseases. The Zoning Ordinance does not specifically define memory care and the closest comparable use is a nursing home, which is a conditional use in all residential zoning districts. The applicant is also requesting a variance to allow multiple buildings on a zoning lot to allow the construction of this memory care building. The proposed building would be located west of the existing assisted/independent living facility. It would be a single-story building,constructed of brick and siding,with hip roof lines, similar in appearance to the existing building. The interior would have sleeping rooms for residents,a dining area, common areas and staff space. New parking spaces would be provided on the east side of the building. Staff Analysis Conditional Use Permit City Staff evaluated this request according to the requirements of Table 31, Chapter XIV. l. Traffic. There will be no adverse impact of types of volumes of traffic flow not otherwise typical in the zoning District or currently found on this site. The existing access point will remain and the internal circulation is well designed. This request meets this requirement. 2. Environmental Nuisance. There will be no effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district. This request meets this requirement. File#Z-680 Page 1 of 4 Community Development Department Report File # Z-680 July 6. 2006 3. Neighborhood Character. The proposed use will fit harmoniously with the existing man-made character of its surroundings, and with Permitted Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district. This request meets this requirement. 4. Public Services and Facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. This request meets this requirement. 5. Public Safety and Health. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use or of the general public in the vicinity. This request meets this requirement. 6. Other Factors. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. The "nursing home" will fit well with the existing assisted care facility on site. This request meets this requirement. Staff supports the requested Conditional Use Permit to allow a nursing home. The proposed request is compatible with adjacent development and will not negatively affect current or future uses in the area. Variance The Zoning Ordinance only allows one principal building on a zoning lot. With the proposed construction of the memory care facility, two principal buildings would be located on this zoning lot, resulting in the need for a variance. Because of patient and security needs, the memory care building must be a separate stand-alone building. City staff evaluated this request according to the requirements of Table 32, Chapter XV. 1. Special circumstances not found elsewhere. Special circumstances exist to the extent that this site is large and the nature of the memory care business requires that it be a separate building. This request meets this requirement. 2. Circumstances relate to property only. The circumstances relate only to this property due to its large size and ability to construct a second building and meet all building separation and parking requirements. This request meets this requirement. 3. Not resulting from applicant action. The applicant has not created this hardship. The needs of the memory care residents dictate a second building. This request meets this requirement. 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. This request meets this requirement. 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. This request meets this requirement. File#Z-680 Page 2 of 4 Community Development Department Report File#Z-680 July 6, 2006 6. Necessary for use of property. The variance to allow the second building is the only way to allow the applicant to expand the uses on site to accommodate memory care. This request meets this requirement. 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. This request meets this requirement. 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. This request meets this requirement. 9. Minimum variance required. The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. This request meets this requirement. Staff supports the requested variance to allow multiple buildings on a zoning lot. Land Use Plan Goals and Development Policies met by this proposal. Growth Management and Annexation • 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. Community Appearance • Development projects should maintain the character of the landscape and preserve mature trees as well as incorporate preservation of environmental corridors,pedestrian and bike ways and parks identified in the Comprehensive Plan. Staff Recommendation Prior to Public Hearing Conditional Use Permit. Approval of the Conditional Use Permit to allow a nursing home upon amendment of the Busch-Knox Annexation Agreement. Staff fords that the requirements in Chapter XIV Table 31 of the Zoning Code have been met. Variance. Approval of the Variance to allow multiple buildings on a zoning lot upon amendment of the Busch-Knox Annexation Agreement. Staff finds that the requirements in Chapter XV. Table 32 of the Zoning Code have been met. Attachments • Location Map • Application Packet File#Z-680 Page 3 of 4 Community Development Department Report File# Z-680 July 6, 2006 s T.14 T - ---------- Subject Site I 4Site -. 4: 64 ----------------- - -------------------------------------- L n IP9 4 M. HOR F J LOCATION MAP File#Z-680 Page 4 of 4 Planning and Zoning Commission , July 6, 2006 Page 2 uld b r ible for continued maintenance of all commonly-owned parcels. Planner Zeller state ld expect the HOA would maintain these parcels in perpetuity. Property main c uld no vent back to the City. R ponding to quiry regarding Parcel 7, Mr. Fields noted it is a consery area designe t reserve the exis stand of trees. The subdivision covenants and 1 e on the Final PI 1 ensure that trees the conservation areas will not be remove T e were no public comment arding this matter. M ion by Cadotte, seconded by Nadea , recomme o the McHenry City Council that: • the Final Plat of The Oaks at Iris nit 1 as prepared by Cemcon Ltd date 10/24/05 with a revision date of 6/28/. proved subject to the following conditions: 1. pproval of final engineering by the Ci nginee , d 2.' ecordation of the plat within six m of City Co approval; and • the Final Plat of The 0 t Irish Prairie Unit 2 repared by Cemcon Ltd dated 10/24/05 with a revisi ate of 6/27/06 be approved sub to the following conditions: 1 pproval of final engine g by the City Engineer; and ecordation of the p 'thin six months of City Council approval. ting Aye: an, Cadotte, Ekstrom,Howell,Nadeau, Schepler. oting Nay one. of Vot' None. b ng: None. nt: Thacker. Public Hearing—Professional Realty and Development Corporation File No. Z-680 3300 Charles Miller Road Chairman Howell at 7:42 p.m. convened the Public Hearing regarding File No: Z-680, an application for conditional use permit to allow a nursing home on the property located at 3300 Charles Miller Road, as well as a variance to allow multiple buildings on the site, upon amendment of the Busch-Knox Annexation Agreement, as requested by Professional Realty and Development Corporation(PRDC). Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 17, 2006. Certificate of Publication is on file in the City Clerk's Office. Certified notice was mailed to all abutting tax payers of record. An affidavit of notification compliance is on file in the City Clerk's Office. In attendance representing the applicant were the following: Attorney Mark Saladin of Zanck, Coen& Wright P.C.; } Virginia Gulley of PRDC; Corey Mase of Condon Consulting Engineers; Phil Wall, architect with PRDC. Chairman Howell swore in Ms. Gulley,Mr. Mase, and Mr. Wall. v Planning and Zoning Commission July 6, 2006 Page 3 Also in attendance were the following who wished to speak to the commissioners regarding this matter: 1. Dave Service, 231 S Loch Glen Lane, McHenry IL 60050 2. Cheryl Nadeau, 3304 Bretons Drive, McHenry IL 60050 Attorney Saladin stated the applicant is requesting a conditional use permit to allow a memory care unit on their property located at 3300 Charles Miller Road. The site is comprised of 13 acres. The applicant is also seeking a variance to permit multiple buildings on a zoning lot. The site currently has an assisted living facility on the premises. The second building would house residents suffering from beginning stages of dementia. Attorney Saladin stated the applicant realizes an amendment of the Busch-Knox Annexation Agreement would be required to allow the facility on the premises. Ms. Gulley stated the existing assisted living facility on the premises has 114 units. PRDC would like to expand the campus to include a 36-unit memory care facility designed to accommodate all types of dementia. The facility would be licensed through the Illinois Department of Public Health as an assisted living facility with staff trained for a memory care facility. Chairman Howell invited questions and/or comments from the commissioners. Question was raised if the facility would accommodate any subjects with a brain injury. Ms. Gully responded the second building would be age-restricted the same as the existing facility. If the subject met the age criteria and mobility requirements, then it could be possible to accept brain injury patients. Each unit would have its own bathroom; however, there would be no individual showers. There would be four assisted bathing areas located in the building. The building would be designed with merely sleeping rooms. All activities, meals, gatherings, etc. would occur in group/meeting areas. In response to an inquiry, Ms. Gulley stated the Staff/resident ratio would be 1/6 during the day shift, 1/9 during the p.m. shift, and 1/12 during the night shift. Ms. Gulley pointed out the uniqueness of the proposed building in that there are no dead-end hallways. The building is designed around a common green space garden area in the center which has a calming affect on the residents. The building will be secure and will appear much more residential in nature than a nursing home. Ms. Gulley noted the Staff will be specially trained in memory care facility service. Fees will be charged on a month-to-month basis for residents; however, the monthly rates have not yet been determined. In response to a question, Ms. Gulley stated PRDC has no other memory care facilities at this time. Responding to an inquiry, Ms. Gulley stated if a resident's health deteriorates to a point where they are no longer mobile, they would have to be moved to a nursing home facility where this level of care could be provided. l Discussion regarding the proposed emergency access drive shown on the site plan. The emergency access was requested by the Fire District. Its entrance from Charles Miller Road would be chained so that it would only be utilized for emergency vehicles. Responding to further Planning and Zoning Commission July 6, 2006 Page 4 inquiry, Mr. Wall stated all exit doors in the memory care facility would be alarmed with connection to the reception area. Ms. Gulley noted all rooms would be single occupancy. Planner Zeller provided the commissioners with the Staff Report regarding this project. Planner Zeller stated the subject property is zoned RM-1 Low Density Multi-Family which provides for the proposed use on the site. A memory care facility is categorized as a nursing home in the Zoning Ordinance. A nursing home requires a conditional use permit in the RM-1 District. A variance is also required to allow multiple buildings on a zoning lot. Planner Zeller,noted an amendment to the Busch-Knox Annexation Agreement is required to allow the applicant's requests. Planner Zeller stated the proposed memory care facility is a good fit for this site. The applicant has agreed to dedicate land for future possible extension of Valley Road to Charles Miller Road as well as for the possible expansion of Charles Miller Road. Staff supports the applicant's requests. Chairman Howell invited public comment/questions regarding this matter. The following were sworn in by Chairman Howell prior to speaking before the commissioners: David Service: Mr. Service inquired if the City proposes to extend Valley Road from his subdivision through to Charles Miller Road at this time. Planner Zeller responded there are no immediate plans to extend Valley Road through the subject property to Charles Miller Road. However, the City would like to reserve right-of-way, so that this extension could occur in the future if the City deems it appropriate. Cheryl Nadeau: Ms. Nadeau, who is a registered nurse at Alden Terrace, inquired if PRDC was proposing a continuing care facility for Alzheimer's patients. Ms. Gulley responded in the affirmative. Ms. Nadeau asked what type of care givers would be hired to staff the facility. Ms. Gulley responded the care givers would be specially trained in this type of care. Ms. Nadeau inquired what stages of dementia would be allowed residency in the facility. Ms. Gulley stated Stages 1 and 2 and possibly Stage 3 dementia would be permitted. Severe cases would not be admitted. Residents must be mobile in order to reside on the premises. Responding to another inquiry, Ms. Gulley stated the units would be alarmed. Responding to Ms. Nadeau's question, Ms. Gulley stated the establishment would not be staffed by nurses and therefore medications would not be dispensed on the premises. Ms. Nadeau expressed concern regarding the number of available beds in area assisted living facilities and nursing homes. She questioned the need for yet another senior facility having 36 beds in the area. Ms. Nadeau also inquired as to a required certificate of need for the facility. Ms. Gulley responded PRDC must meet Illinois Department of Public Health requirements for a memory care facility. Ms. Gulley further stated Staff in any kind of assisted living facility (which the memory care units would be categorized) is permitted to help with up to two daily living activities. Residents need to be able to take their own medication. Responding to additional questions, Ms. Gulley stated when the physical and/or mental state of a resident deteriorates, they would then be required to move to a higher care facility. There are no plans to expand the Angelus East to such a facility. Staff would assist the resident in seeking alternative residency in another facility, i.e. a nursing home. Planning and Zoning Commission July 6, 2006 Page 5 Ms. Gulley noted a second building is required for the memory care facility because the building must be constructed of non-combustible materials and the structure must be constructed as a one- story building for safety of the occupants. Attorney Saladin noted there is a need for a memory care facility in the community. Licensing for this unit would be covered by the Illinois Department of Public Health. Motion by Cadotte, seconded by Buhrman, to recommend to City Council with regard to File No. Z-680, to grant the request for a conditional use permit to allow a nursing home on the premises located at 3300 Charles Miller Road, upon amendment of the Busch-Knox Annexation Agreement; and that Table 31,the Approval Criteria for Conditional Use Permits,pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom,Howell,Nadeau, Schepler. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Comments by Commission: Chairman Howell stated Angeles East is a well run facility and the proposed addition will i r provide needed services for the community. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-680, to grant the request for variance to allow multiple buildings on a zoning lot upon amendment of the Busch-Knox Annexation Agreement; 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. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Chairman Howell closed the Public Hearing at 8:14 p.m. Public Hearing—Jim Pappas File No -Z-676 921 North Front Street Chairman Howell opened the Public Hearing at 8:15 p.m. for 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. ORIGINAL 2 of 2 FORM A File Number Z-480 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry,IL 60050 o Tel: (815)363-2170 c Fax:(815)363-2173 1. Name of Applicant Professional Realty and Development Corporation Tel(815) 636-1717 Address 5119 Farmington Close Rockford,IL 61114 Fax(815) 877-1178 2. Name of Property Owner McHenry CMR,LLC et al Tel(608) 836-9727 (If other than Applicant) (See Attachment No. 1) Address P. O Box 628188 Middleton, Wisconsin 63562 Fax(608) 836-9758 3. Name of Engineer Condon Consulting Engineers Tel(815)728-0068 (If represented) Address 5415 Business Parkway Ringwood, IL 60072 Fax(815) 728-0068 4. Name of Attorney Mark S. Saladin Militello Zanck&Coen,P.C. Tel (815)459-8800 (If represented) Address 40 Brink Street.Crystal Lake IL 60014 Fax(815)459-8429 5. Common Address or Location of Property 3300 Charles Miller Road, McHenry, IL 60050 6, Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) _Zoning Variance-Minor X Conditional Use Permit _Zoning Text Amendment Zoning Variance X Other—Use variance for multiple buildings on zoning lot. 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: • Conditional Use Permit for Nursing Home to build and operate a 36-unit memory care facility on the Angelus East Retirement Site. • Use Variance for multiple buildings on zoning lot;add a second building to site for memory care. 7. Current Use of Property Assisted Living Facility (see Attachment No.2) FORM A Page 1 of 3 8. Currant Zoning Classification of Property,Including Variances or Conditional Uses RM1 Low Density Multi-Family Residential !Second Amendment to Busch-Knox Annexation Agreement) 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-2 City Residential South: RS-1 and RS-2 City and A-1 County;Residential East: E City vacant West: 02 City vacant 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) $ X 2. Narrative Description of Request X 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application X 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,Elevations 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 parry signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that 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. Signature of Applicants) Print Name and Designation of Applicant(s) PROFES IONAL REALTY AND DEVE PMENT CORPORATION B : Its: FORM A Page 3 of 3 a• FORM C File Number F——(oi0 CONDITIONAL USE PERIVM Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,1L 60050 o Tel: (815)363-2170 c3 Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Residents will not drive. Shift changes do not occur at Reak rush hour times. Entrance to lot off of rivate road. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. None will occur because of building and roadway design. 3 Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. Use will provide continuum of care to senior housing project already located on site. 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. The private roadway entrance and type of use will place no undue burden on area developments. FORM C Page 1 of 2 5 Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The private roadway bus service and relocated entrance to site suggest the proposed use will not be detrimental to the safety or health of em to erspatrons or visitors associated with the use. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The prouosed facility compliments and provides a continuum of care to the existing assisted living senior housing project. FORM C Page 2 of 2 FORM D File Number F-6$0 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o 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 re Rond to each of these conditions as it relates to your request. 1 Special 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. Senior residential communities typically have several levels of care We would like to provide memory care services at this site Given the requirements of the residents this can best be accomplished with a separate building. 2 Circumstances Relate to Property 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. There are no apecial circumstances that relate only to the physical character of the land. The property is large enough and can support a second building which will provide a continuum of care for senior citizens already on site - 3 Not Resultingfrom om 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 requirements of the memory care residents dictate a specially designed facility, resulting in a separate building FORM D Page 1 of 2 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 nature of the use auality of design and architecture private roadway into the building for its users, as distinguished from a mere inconvenience. 5 Preserves Rig��ts Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed other other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Applicant requests a variance to provide a broader range of services that already exist on the site. 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. Permitting a second building on the PUD site will allow applicant to provide a continuum of care to its residents as is found in many senior housing projects 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. The site is designated as senior housing Memory care is one more component of senior housing and will be an added benefit to the residents as they age in place 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 addition of a memory care unit compliments the existing senior housing project and would be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan. 9 Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The specialized use of the memory care building dictates a separate building and compliments the already existing senior housing project on the site FORM D Page 2 of 2 NARRATIVE DESCRIPTION OF REQUEST Applicant is requesting permission to develop a 36-unit memory care building on a 13 acre site located at 3300 Charles Miller Road, McHenry, Illinois. Per the Third Amendment to the Busch- Knox Annexation Agreement, said site is currently zoned as an "...age restricted senior housing rental community of 114 units consisting of independent, congregate and assisted living units." The memory care building will consist of 36 residential units ranging from 231 to 288 square feet,a serving kitchen, dining room, offices, laundry room, restrooms, and two bathing areas. The rectangular shape of the building will allow for a courtyard in the center for residents to enjoy the outdoors. The building will be security-locked at all times,and alarms will sound if someone tries to exit from a fire door. Construction will be wood frame,brick and vinyl,and will compliment the existing congregate and assisted living facility located on the site. With the addition of this building, there will be 150 residential units on the site, and a total of 111 parking spaces on the site. The memory care facility will generate approximately 20 new,full-time equivalent jobs,with three shifts per day. There should be little,if any,impact on peak traffic congestion,as the shift changes will occur at different times than peak traffic times. Resident service packages include all utilities except telephone,housekeeping(daily and weekly), laundry(personal and flat linens), three meals and snacks per day, social events and activities, 24 hour awake staff, scheduled transportation, and personal services as required. LOCATION MAP N.T.S. 4&=::� SITEDATA: CONDON d N MF,;7F TOrALLANDAREA-01,ts5SQFr-1166ACRES s AAn MY EX7STINGZON/NO-RM-1 inn e o ^1 eu REOUESTED20NING-RM-1 awravnwirwamoo e829 51 " ,1 PARKING STALL REQUIREMENTS: PROF.REALTY& SHALL a�w STALLSFEO ��`Ma<lanry = s DEVELOPMENT LRREQ�APPROVLb ..:,IMF FOR EXISTINGSUILDING-55 STALLS CORP. t t Mm.ID.O1} NURSING HOME REQUIREMENTS: MIDDLETON, sIM A. V Bww Aual PRDIECT MEMPLOYEESXiSTALUEMPLOYEE-15STALLS W/SCONS/N '12 Aade aa.n SSBEDSX I STALLMSEDS-SSTALLS 1 -' PROPOSED STALLS REQUIRED-22 TOTAL STALLS REQUIRED-55 r22-77 ~ 7.SLCo. 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MIDDLETON, / / 1 WISCONSIN uawpuwr, ��- I A11mmLorE)OMNa01V oa SCALE / 1 I Td7 '�- - PROMOrKWOER COREYT.MASE DESIGNER COREY T.MASE QUALMY NTRM JASONA.M/CHEL ANGELUSEAST MEMORYCARE FACILITY MC HENRY, lLLINOlNOIS /% 71 AD WEST O/NG PLAN ffi s� PRDC-06023.3 SHEET TITLE PRELIMINARY GRADING PLAN GRAPHIC SCALE �$HEETNUMBER ,.YMM„ 2 OF2 ILp1-X a ALTA / ACSM LAND TITLE SURVEY Green Valley Unit 3 2 2 W� II o 1E.0' Utility Easrnemt T saran sage y ��- Park Lot 55 Lot 53 Lot 52 I I Lot 51 Lot 50 j I I FND IP IN CONCRETE �, l,ty I I FMIP 6a0'RUV 0.00E — PUB Past 4 I I OAl E__V P®P 1 — SoutM Preen lne Valley skit 3(as occu�ple� 933.32 449M' — 200.44 4 u n+ _--_------------__-_. ------ ----- --1ooar------------------- ♦Benchmark — Cut 'X' at south end of west sidewalk on Valley Road Elev. - 771.01 FLOOD HAZARD COMFICATE To Window Development Corp. I certify that none of the above descrbed propvty b This b to cor"that this map or plat and the STATE OF 11JN015)55 located in a flood hozard area a IdentMed by fla survey on which K b booed wen made In STATE OF UNOtS) Q Fed"Emrgency Mawgemant AgevoK accordanee with'MInYnum Standard detu� Zeno C Arwoe ar minind$coding RpuMnente for ALTA/ACSM land Title Su veye,' LEGEND )Wntly established and adopted by ALTA.ACSM and I,Richard E.Morris,on Whole Profieebnal IIIInde Laed Surveyor NSPS h 1997,and Includes items 3,4,and 5 of IOOt.IDC Devotes Fleur Measurement Laid Surveyor.do hereby uRlfy that the property Mason described hoe been surveyed Table A th on and(n pursuant to the Aoawacy, )pPp(•p� Denotes Field!leering ender my supevvAs an sen kn In the mariner reprete0. Standards(a adopted by ALTA and ACSM and (ipDt� Denotes Dead Mousrevnent Dimensions shown am In dedmd units of the I cevUty that none of the above deed pnnpevty b In efhct on tM date of this crtilloatlon)of an t Found icon�,Rd noted sods and an shown corrected to etardord locoted M o flood hazard arse a(dentMed by iM Road e,ar PK na noted bras red —silo n Federd Emergency Mmagevnent Agency except as Indicated Suburban rev an(Community and Paml Na} Date: eY O Devotes Farad ban Pips 170732 02109 Effective Sept.30./9B1 (wed) ( > X Chiseled'rt Mhob lard Surveyor Registration No, • Devotes Set S/a'Won Bar FM NO. D DEsatlPna+ DEscNEo Br: SCAM CONDON CON3iJLTING ENGII�IEER3. P.C. WINDSOR MAYIN MA • 469 NO. cnn a>woaaca�R 9MM�a/sv;nsrn� DEVELOPMENT CORP. TWAsat V. snc aaa�VMS s on-am°00°D Elgin. M. yoA t j�,. 1 of 2 ALTA / ACSM LAND TITLE SURVEY PARCEL b (Chicago Title #1409 000226773 MH) THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST (BEARING ASSUMED), A DISTANCE OF 1312.70 FEETI THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 1762.85 FEET FOR THE POINT OF BEGINNINGI THENCE SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 672.10 FEET] THENCE SOUTH 89 DEGREES, 51 MINUTES, 29 SECONDS EAST, A DISTANCE OF 36.00 FEETI THENCE NORTH 01 DEGREES, 29 MINUTES, 22 SECONDS EAST, A DISTANCE OF 672.30 FEETI THENCE SOUTH 89 DEGREES, 49 MINUTES, 04 SECONDS WEST, A DISTANCE OF 36.01 FEET, TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO PARCEL 21 (Chicago Title # 1409 000226773 MH) THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE REN.No. DESwn0N EDESMED -CONDON CONSULTING ENGINEERS. P.C. ' '°°° EMMS1PINDSORCPS•MUNWAt a�aa 1=/sae�a�a waNIM-8 uARa DEVELOPMENT CORP.WO on-°°'° Ems+ M• 2 of 2 eL`` n..e is .�3s..""�� _•a 9��t�- �a•� ` .w,�3 �.'�1!'M y y�r_i;may, +€cam�es. .�N°� x s� ��,�� ... �.ka:,v',y' � •y� gyp. v7 w rg N err,; ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FOURTH AMENDMENT TO THE BUSCH-KNOX ANNEXATION AGREEMENT TO ALLOW A MEMORY CARE FACILITY FOR THE PROPERTY LOCATED AT 3300 CHARLES J.MILLER ROAD,IN MCHENRY COUNTY, ILLINOIS WHEREAS, PRDC, Professional Realty and Development Corporation, ("OWNER") holds fee simple title to certain real estate located on the north side of Charles Miller Road, east of Green Street, known as 3300 Charles Miller Road, in McHenry County, Illinois;and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry,within the time provided by law,notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION 1: The Fourth Amendment to the Busch-Knox Annexation Agreement, bearing the date of , 2006, between PRDC ("OWNER") and the City of McHenry, Illinois, an Illinois municipal corporation (the "CITY") be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Fourth Amendment to the Busch-Knox Annexation Agreement," is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Annexation Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,McHenry County,Illinois. 6 SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 12006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 52006 MAYOR ATTEST: CITY CLERK 6 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A NURSING HOME (MEMORY CARE FACILITY)AND VARIANCE TO ALLOW A SECOND BUILDING ON A ZONING LOT FOR ANGELUS EAST LOCATED AT 3300 CHARLES J.MILLER ROAD IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed by PRDC, Professional Realty and Development Corporation, requesting a conditional use permit to allow a nursing home(memory care facility) and a variance to allow a second building on a zoning lot for the property legally described on "Exhibit A", attached hereto and incorporated herein;the"SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on July 6,2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommend approval of the requested conditional use permit and variance (6-0) with one member absent; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested conditional use permit and variance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY,ILLINOIS,AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a conditional use permit to allow a nursing home, provided the SUBJECT PROPERTY is developed in substantial accordance with the Site Plan, Landscaping Plan and Building Elevations, attached hereto and incorporated herein as Exhibit B. SECTION 2: In granting said conditional use permit,the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district,have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 6 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 3: That the SUBJECT PROPERTY shall be granted a variance to allow multiple buildings on a zoning lot to allow a second principal building(memory care facility). SECTION 4: In granting said variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar 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. 2. The special circumstances referenced herein relate only to the physical character of the land or building for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. 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. 5. 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. 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 the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. 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. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 6 SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF _, 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 6 EXHIBIT A Legal Description That pan ofS*4on2,1ownship44Noilh,Range 8;has,,oftho Third PruiripalMcridiwn described as fob:"w•s, t.'xnmenoirku at the tiortbz e;t earner of the Nonhe={quarter of said Sectim 2 mxl runaiag thence Soutli Al degrees,00 in;iwievk;48 ,,,wuds:East (bcaring assumed), a dis iwo Of r 312.78 feet;thence'oath$9 dues 49 tnirtutes 04 se ondLs Ease,o distcmca.►f 1762,95 rkvt forthc Iacriw of beginning",ftn c Srtw%01 dew ees,29 mLautcs,22 seconds West,a distanmv of672,10feet; thence S-mob 99 dol rm-s, 31 mint ics, 29 seconds East a distance of 36.00 feet;thence North 01 29 minutes, 22 seconds F-Alt, a tl staxwe or 672.30 feet: thence Souitt I l dtj;rccs, 49 -inures,04 s=ands Wo-gt,it distttru�c u;i'.36.01 foci to the mint of beginning,in Mc31emy t".ounry, tllinoiS. ALSO Marcel w 'Thai p of ectaran 2,Tovciship 44\orth,Rance 8 East of the:Third Nneipal Mc:ridi=dm'6bed as fo11(y'N's, ("(n Ilutit:ifig at the North'We%t corner of the Northeast Quwwr of said Soot=2 and running lhen � South 01 degrees, M rrtittiztzs,48 s ands East (bearing assmed), a distance of 1�i)"2.v,8 .1'cct;thwce North 89 do_rcos, 49 minutes, C4 seconds l::zt,t, a disutnce of 1Y62.85 feat; tl cuce omb 01 degrees. 29 ininutes,22 seconds West, a distatroo of 6 72,10 foci for the point of ivg nniag; Own".—continuing South 01 deg.Tees,2N minutes, 2 seconds,Wtst,a distan"of210.00 feet;thc=e South 89 dcgrmy.31 xzuttuics,29 seconds East,a distance of'l:i.00 few thence North W dcgr=s, 29 mitrtatcs. 22 soconds EaSL a &Itancc Qf 210,00 fc:c;t; lhoa= Nortlh 89 degreas� 51 Mixwtcs, 29 six-oral Wt„;t,a distance of 75.00 feet to t"tae point of beginning,in Mc.'=ry C'-a nty, Illinta't:t. }t,sl Parcel 3, That fart of Section L,Township 44 North,RattZc 8 Sao nt xlr. 't'Ixirrl Prinaip�d:Meridian.described as R h"w"', CA111trw-racing at the Nonb est comer of the Nuttheasi Quarter of said Skx:tion 2 aild ruriniq tbenctS,.otxGh 01 degwe-s,(X)n7inotaA,49 Rmonds last(bearing assuniesl)on the Wesl line itxereo1;a aistance of 131:2.78 feet then Niorrh Im cics+a'cec 41)minures,04 seconds Lam adistance of'l 76A m fart,thence South 01 derxcs. ?p tztitxitteW�,x?seconds W st,a disimce cif h 210 feet fees tip pcsittt of'lx-Lining;thence continuing South 01 degrees.29 tninums,?2 sv.comis��-A,;t dist�ttoc of 210,00 feet;thence North 89 &g,rcv-s, 51 ininutrs. 29 seconds AVest.a distance of 61432, feet: =1it�jit e ScAtthwes erly along the c.ur e to t:iu MA,having a radius of 850.00 feel,form are 6' ancc of 254,43'feet;+hrnme North 01 degrees,-;minutes 38 smonds Bast,a distance of 160A I act,;thence :North Its degrees,25 minutes,'20.,econevq I•n t,r.dismnce of 260.00 Bet.thence South'14 ftru.•s, 4,' minutes, 30 seconds Lag, a distance of 314.88 feet;. thence 5,uth 1 b degrees, 08 minutes, 31 second,'Wcst, a distance of 90,00 fcct;theow ,vuth 89 dogrces, 51 tuinutes, 29 seconds &-nit, n tlist.•uic,:r ut'50M10 feet to the}paint of beginning., in A�clienry County, Illinois. 6 Parov.1 4-. 8 Bast of tht:ThiTd Principal'.McTidim describ. -A co -,Ntirtljo CommL-11cing at the Northvves mer Quarwr of mid Section 2 and running thew,o'sonrb Ol dqgm4s,00 minmes,48 seconds,Ea.st.(hearing as.-Aimed)on the Walt lirw Thcrc;of,a distanctc,of 1-3 12.79 feet;rlicn fie Nnith 99 dearcer,49 ni i rans,04.seconds East.a distance of 1,582.9 feet for the point of bcginrung: aicnz,-,a wiltinuing North 89 dogrom 49 rn'imiteg, 04 Aki,viuls a distance of 190,00 feet,thence South 01 degrees, 29 minvan.,, a (j-,,;,tjncc:oF672,1 0,,rhcnco North 89 dmroc&51 minutes.24 seconds Wev,adiqame omo.00 reet-, lb vm�::. N oo It 15 degrces. 08 minutes,31 s cri ndr, Fast. a d i stwice of 80.00 fixt:thence North 71 dwte,', 413 Minutes, .10 'wAxvjd;� Wvst, a "liblaTrx, i11' 114.88 fett. theme North 54 degrecs_ 40 mirtitu%,(A qf-concts East.,a distance of 420M feet,tllence forth 89 degrees,49 minutes,04 seconds Eastla di Lance of SM., lleelu thenec Noill)00 01 friaut es,'34 seiwn& East,a distance of po; r of bopirinine, in McHenry Count�.111i nois. Y ( p GENDk The Consent Agenda for the August 7, 2006 City Council meeting consists of the following items: A. Request for special event liquor license, temporary use, temporary signs, and waiver of all associated fees from St. Paul's Episcopal Church; B. Block Party Requests; C. Request for Picnic Permit; D. July 31, 2006 City Council Minutes; and E. As Needed Checks. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: August 7, 2006 Regular City Council Meeting RE: Request for special event liquor license and waiver of all associated fees from St. Paul's Episcopal Church for the 11 t' Annual Auction. St. Paul Episcopal Church is hosting its 1 1 th Annual Auction on Saturday, September 9, 2006 on church property located at 3706 St. Paul Avenue. They are requesting a special event liquor license for the sale of beer and wine and waiver of all associated fees relating to the license, temporary use permit for a tent, and temporary sign permit. The tent and sign will be installed on church property. Attached is a letter from Event Chair William Robel and copy of the special event liquor license application. Recommendation: It is the Mayor's recommendation to approve the request for a special event liquor license for the sale of beer and wine, and wavier of all associated fees for St. Paul's Episcopal Church 11 th Annual Auction on September 9, 2006, between the hours of 7:00 PM and 10:00 PM. mmg July 16,2006 D JUL 2 6 Li City of McHenry CITY OF 41cHENRY 333 S. Green Street At"';; STRA.TI01 McHenry, IL 60050 Enclosed please find an application for a Special Event Liquor License of our annual fund raising auction. This will be our 1 lth auction. Funds for this event will be used in a variety of ways: to maintain our budget and building fund and to continue our outreach work in the com- munity. We hope that you will consider waiving the usual fee for the Special Event Liquor License and any other associated fees. Thank you very much for your consideration. Sincerely, William L. Robel St. Paul Episcopal Church SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY 4 sj FEE$25.00 APPLICATION DATE tall ? 6 i - s I COMPANY OR ORGANIZATION: PA � /,S A 6 lZ .. ADDRESS: '3_70 W' A 4-6 CITY: PHONE NUMBER: b l<_ - TYPE OF BUSINESS OR ORGANIZATION: �L�t S -�A Z L"2 e tt AJ 2. LICENSE APPLICANT: /Lf-/&P,1 /1 O DATE OF BIRTH: 15 ADDRESS: q-?_ Z rr1`1� CITY: Q Y DAYTIME TELEPHONE NO.:_p IPj� -I7 h EVENING TELEPHONE NO. 0 3. LOCATION WHERE SPECIAL EVENT HELD: CSAkAe. _ A S ks-d-1119 (non-residential premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: S AZ-ZJY9 CITY: TELEPHONE NUMBER: 5. DATE(S)OF EVENT: D HOURS: 7 (not mofe than i days) 6. TYPE OF ALCOHOL TO BE SERVED:_�_ :BEER WINE LIQUOR 7. NO UNDER-AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES. 8. DRAM SHOP INSURANCE MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT COUNTY OF MCHENRY) STATE OF ILLINOIS) 55 by hereby states that the City of McHenry shall not be held liable for any loss,damage or injury sustained by any person whatever,by reason of the negligence of the Company,Organization, person or persons to whom this license has been issued,and shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry,of the State of Illinois,or of the United States of America,in the conduct of this Special Event Liquor License and that the statements c tained in this application are true and correct to the best of his/her knowledge and belief. Z, J SUBSCRIBED and SWORN o bOFFICIAL SEAL" Signature o Applicant g WSGetaghty da otary of Illinois 20 Notary Public DATE ISSUED LICENSE NO. EFFECTIVE DATE(S) 03/03 Join in the Fun and Excitement at the Annual Auc' tion of St. Paul Episcopal Church sn-w-m-mr AJC riato AAA mjvE AJC J wA1J FANX90 Fri a a - OR1 at PAU-2-119w S - 60/4 R�A1ffLE More than 100 Items to be Auctioned! --'-� Everything from Gift Certificates to Golf Clubs and Resort Vacations, from Homemade Jams and Jellies to Handmade Furniture and Exquisite Artwork. we Have It All! Saturday, Sept. 20 at 7.NOO p.m. 3706 Green St. McHenry � •- Tickets: $15 in advance or $20 at the door. A I R C t 10 R For more information or to reserve tickets, please call 815-385-6934 Donations of Auction Items are Accepted and Appreciated CONSENT 'AGENDA SUPPLEMENT'' To: Mayor and Cityirel '1 Fin: City Clerk Jone For: August 7, 2006 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: Saturday. August 26a'from 2 p.m. until 10 p.m. Cindy Smith of 2620 Arbor Drive is requesting the closure of Arbor Drive between its intersection with Hemlock Drive and 2705 Arbor Drive in Riverside Hollow Subdivision. Saturday September 2d from 3:30 p.m. until midnight Jennifer Bantner of 206 South Valley Road is requesting the closure of Valley between its intersections with Tumberry Drive and Loch Glen Lane in Green Valley Subdivision. Copies of the requests and PIQ maps are attached for your edification. /kmk T Bfock Parody Permit p at" Application submitted by: � r` r. � Strom Address.Address. 0 z Date Submitted: Naga: rEsASe SlfwaryoutAr wtTl0tit109'mOopiczue mCirpCLnx Ar LPA&T 3 DAYS sSIoe m PnoeoM EMCK URi4 Date of Block Party: p 200_ Hours o0toposod Street Closure: a.rn.1 . unti] � a.rn IPL9 Subdivision Name: iims, Specific Location of Proposed Street Closwe{ite.. From what intersection to what intersection}: Strut 1 f.. to Contact Pemon(s); 41�,Ail f Contact Persons)Address: At A( hr,( ic, Daytime Phone Number: Evening Pbone Number: --------------------------------------------- Upon COMP'LanoN,PL Am SuRmiT THIS APPLICATION TO: OFFICE OR THE CITY CLERK 333 SoI;m GRFzx S`mFT MCHEMY IL 60050 oR PHONE:815 363-2105 OR FAR: 815-363-2128 oR E-Mml.e kkanzer@c'l.mehemry.1Lus ------------------------------------------ OFFICE USE ONLY CouNCILAPPROvAL ow: L-C'N NOT ICA1730N MADE TO: o MCHGHRY POLICE Dwr p MCHENRY P uni TC WORKS ADM]N DE r . �p Q MCHENRY PUDLIC WoRKS SI'REUDVN o D MCHENKY TOY N9HTPF)REPROTWnoHDiFmCT c'-4 D ADM NISTRATTON OFFICE. D ApPLICANT 116 C\I i bAf D SM1TN .� 6LO �`- D9 f , FF f w SARA v• ��ip LJN� •tat a� 'I r a , r_ •/ I r y . „ L r t t f r KA ...................... i i J. ' -2 +r Aff nrxioLa►xr aARK RD. S �N aP •,a �'71v7*IG A171£ OF R ! wAriA �.� MCHE.NR Ali - + SCHOOL 8 SN:T/z z. t 4 LWC04,-1V Rfl; Block Party Permit Application Revised 6/3/05 r- Application submitted by: JennkkK 6antmlr Street Address:,. (0 S • V CMfk A Zd . I Date Submitted: •k a 1 U L ©gyp TOTE: ,PLEASE SUBMIT YOUR APPLICATION TO THE OFFICE OF THE CITY CLERK AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY Date of Block Party: QZ SEF 7-CQ(o 200_ Hours of Proposed Street Closure: 3 ' a.m p.m until r a.m./p.m. Subdivision Name: Specific Locationof Proposed Street Closure(i.e.from what intersection to what intersection): V Ik(j &Old Street from to coc'h Contact Person(s): Contact Person(s)Address: �� S. V�yt1c t . Daytime Phone Number:�]� '090 Evening Phone Number: ---------------------------------------------------------------------- UPON COMPLETION,PLEASE SUBMIT THIS APPLICATION TO: OFFICE OF THE CITY CLERK 333 SOUTH GREEN STREET MCHENRY IL 60050 OR PHONE:815-363-2105 OR FAx:815-363-212B ORE-MAIL: kkunxer@ci.Mchenry.il.us --------------- OFFICE USE UN,Y COUNciL APPROVAL ON: NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS ADMIN DEPT. ❑ MCHENRY PUBLIC WORKS STREET DvN ❑ MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT ❑ ADMINISTRATION OFFICE. 13 APPLICANT BA KrTN E P, LOCK ?a 2T'y Pig 45- 3700 :.3600 .. 600 3400 3300 3200 31 j 00 �2.900 + ;;: >;>` CT 2 500 2400. 23001 2200 21.1� ' SUTTON I. 4 a,«.,u'r. J"•.�±' ,WK NO X 1.' TURN Y .,l :N:.. .>r... . S,r:.' al• GREENX. \f.. ..P1 VALLEY a' .w.:• $IJB Z �DECXEI— A4,,r ,,.,.W. M �..••W.. !I•.TT. �':,L.. .�.r••,nr.. �� •Vr.. fl,. r O ? .4.a� LARKIN ! �.. M'fIORAINE '«^ HiLL$:° c >•" 'PARK' a .. t Vb4. 1 .W..' ��►y�.�� L 1. ..Ir,\n ,v.. W• yr.., rr,.> .•. 2:.•;' W a THE x a"nR J:,,4tf< W J. d..;4.11 CITY >... .u>,1i- •. HAL VILLAGE �MF�IAL ° > �HIGHWAYGREEN Z L" Jr" :k ``LEATHER LEAF MILLER ".. .,H.. E S R. PRA RIE _ �"'" �'"�„ aW,�A1 �%'BOG TRAIL . L T >N.\4..B�I��.UI.. " .64 OLD BULL VALLEY RO FORD t LL VALLEY r a RD BU o DR a ,"..•V,.. RD g ooc Z= REGG Druc W";`l, `> ..rb" :...w.":.• , ElLEN AV w a o MILLER DR "' ~ PATRICKS MCHENRY u Vi g :!~.,,4.'. I >I.'. 4•.d µ. „'t EIMETERY KINLEY BLVD tt w �•. t SHORES W •!> '>`:;�;;:;: ¢ �".�.d,4Ur'.\:. ,:,.�.1=;•, .�..- ,.. .,W. �- '. ';.r SUB DORCHESTER PL STILLHItl IDR .PEBBLE CREEK tL OR oQ N OA K H U RST «.,:,:'ri. , .: •."1..,, 4 ,i BEACH cs TNINSTER P B A N DR C p "Y 4... 'ES SUB ;; 1-VISTA TR Q ]C w••�•' -ar,,ar."`'. G E N E V A PL m —=J 3 m W Q t r, '1` T•: °• VINE T o a I- rC i.:a•' „:N"". ST Z a 1- E ea-"�.:,u.N IRIGHTO.N PL o o mAPACHIE TR �:,Iatdw ,. .aw. ,t > v ,Ir,,•' alr.. R +•� �T� u ¢�;,;"v,.w_."":..� ..RD..�;�fir... as p HUNTER ]PATH •�1 AV 4C >H;` E� Y DA BISCAYNE iW .� m ,« McH ,«:::.- w: :.+[ .":, .. ..J:; of x• r d w'w.. rH.tr FOX.RIVER a SUNRISE VIEW }r ;`.,:w;�l•.:. 'i ; v t :µ"} 4-' .% f+:.. ;' TRAIL; ':3a 'u4�.;,. f1 QC alb:.A .aN. :,4.. ,\Il. d• •.aL: .w.. >\ . >�nY• •�i:2'::i•� •- as �, �H,!,,,. N UN DA TWP o o jifl...`.N4. .W:` <s;a'< t J';v/ M NJ4�. ,V ill m > �..14,"".w..lr.' W an FOREST RD m z I4. .aL.: .\4a"J4 THE cal .. .. AV t"''4�• d4.. Jw COVES �--- .wx..V.l4 %�y. c.14 ,Nrr'y�`TA�'E w..O�,,V,,.ILL i•W V i J;d'„•,..,. . I— SUB VIEW DR `:,' a,4. •.��. ..a.: ,`. .akin uv. .rlrr..' r. ^ PLEASANT w p4. ,u4 •w.bJ a - FO%VIEW )` .,14." .,".'..!,l. :w. ^> ....,ul../r•. ,u4. .Ju F HIGHLANDS .a«.. ::'::> I& aul. wall d..,,\ly' al.. .Jk'd« :•4 y>4 ,Ir., SUB a4.' «. N «. J.. al _,J«- m DEPARTMENT«..p ... Q AV4:0 Z = ak.,.,14„'V..J4. , ' FDVIEW HIGHLAND N«. >«.' ;;;: ';Rrj:: W. l.. A d4.•"`I4..�'�W.a ?I4. a ' «.�:. alb.. {r. DR Lu !ATE `"O: 'w.. ':'; ;; :. H.• ,,w..:'1fr• T`EF,,' .vF.•a,b. rw. .x >,W 4•!.'. ,. ISTICS r .• >`.J4.'.0:y :?`� J«. A14. ;nW..' W.' .W..' :an.:' '',:. :W , ,yb. >\Vn. ,N...' it .,V:•.'' :1 ..Ib.' •w>Vr. .J" `,+�•• Ir'ILW.a«..: dfb, d4.` .1 ,,4fr. I•` 1 '�•'. I I ,Vr..' r.,� a44. �.Jb..'>V�n\H} Ilr..•�!�"Tr 4,• ,ab,. „W.. .• d4..db. ' ✓� .ab '"w�r,•,1..Alt.?''. db, :�V', i,l" .,,w. .w.d >,,,. 'alr.' •,N4..4. . a411. .vr. .."b, 4.WILDLIFE��`..�.,•. .w.. (`y� FIIIYr.. .1.:aw M':,n•,J4.. ..w. .,,«. .,\'bb .. I1,i14� A arr4,Vt ul.`yr�l N�4:ARH+. � ��...,14. :• ... '`�w,"'" V`n\I n,'.V4•.�J✓ O s '>"•. , ' ..alr,. .-`M' �. • i �k4x;-� .ab.. A" ln,,,�.Iw�.w. d'^,dr..'� ,u,.'u''� �a.. r iu{ .,S .a4.u,�•u�"•... .. a4. ' a«, wr.. ��^rW. '" f `a_ :w:.'> v..}�'". ,r.�.. d«. ,a4.. ,;,� ..1. �. H. .J4+ .'��..+1 � ii: .ib• dH'�,:W".i,4. " ib.: .J«,• CHENR yH. N v R PVT'„ :N.�., r..�b. ra4". ••V ;W. '_' IO ..Mr.� ••_•r.,w I.rW."b. : ",Jr..' ' '.I i':t�i:.tiN•}.• M at '�, �:F.N '•�'nK. ..alr.�d„�•.r �•�'<•: is(:'::' .w. n,4..u - �In� r �n - -- �..•. ..; n. '�•, �„ ,rw:>w.r ORCHARq g 'p '90 O V `J w., ;HEIGHTS t? P ERN R1DGE, '.., "4;;' '.:t ON THE I 9 c s" a,rw 1�� FOX 2 J. JONAAV HAN Z '- - W :"'PaRK .d.>� BALD WIN CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks U Recreation For: August 7, 2006 City Council Meeting Re: Beer/Wine Permit Request RECOMMENDATION: To approve the attached request. BACKGROUND The attached request for a picnic permit was received with all fees and documentation properly submitted. TConaway/picnic permit consent agenda.doc FOR CITY COUNCIL MEETING OF August 7, 2006 Beer/Wine Permit Repuest This beer and wine permit request is associated with picnic permits. Date of Picnic Applicant Address 09/17/06 Donna Schaefer Family 3022 W Scott Ave, McH Wonaway\picnic permit listing REGULAR MEETING JULY 31, 2006 A. Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 31 , 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Murgatroyd, Wimmer, and Peterson. Absent: Schaefer and Condon. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Chief of Police O'Meara, City Clerk Jones, Assistant Administrator Martin, Director of Public Works Marcinko Director of Community Development Napolitano, Director of Parks and Recreation Merkel. Absent: Management Assistant for Community Relations Hobson. PUBLIC HEARING: FOURTH AMENDMENT TO BUSCH-KNOX ANNEXATION AGREEMENT Mayor Low opened the Public Hearing at 7:31 p.m. for the proposed Fourth Amendment to the Busch-Knox Annexation Agreement and stated, due to the absence of two aldermen, this matter is being deferred to the August 7, 2006 regularly scheduled meeting of Council. She requested a motion from the floor continuing this Public Hearing to August 7, 2006. Motion by Murgatroyd, seconded by Wimmer, to continue the Public Hearing. regarding the proposed Fourth Amendment to the Busch- Knox Annexation Agreement to the August 7, 2006 regularly scheduled Council meeting. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Schaefer, Condon. Motion carried. The Public Hearing was recessed at 7:32 p.m. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session.. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. Approve final pay request for demolition of 1110 North Green Street — American Demolition Corporation in the amount of $110,000; B. Approve surety bond release and acceptance of Legend Lakes Neighborhood 3; C. Accept proposal from USFilter to refurbish clarifiers at the SWWTP in the amount of $13,111; D. Approve request to connect to Police Alarm Panel — Raymond's Johnsburg Bowl E. Approve Block Party Request to include live entertainment, special event liquor license, and waiver of all associated fees — Polish Legion of July 31, 2006 Page 2 America Veterans Annual Block Party; F. Approve request for use of Knox Barn, temporary sign permit, and waiver of all associated fees for the McHenry Jaycees Annual Haunted House; G. Approve picnic permit requests; H. Approve Block Party requests: Ron Bielski, Mill Creek Subdivision Wendy Biggerstaff, Legend Lakes Subdivision Dave and Laurie Schachtner, Trails of Winding Creek Subdivision I. Approve City Council Minutes: July 10, 2006 regularly scheduled meeting July 17, 2006 regularly scheduled meeting. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Schaefer, Condon. Motion carried. REQUEST FOR HONORARY STREET SIGN Assistant Administrator Martin noted Council, at its July 17, 2006 regularly scheduled meeting, approved modification to the Honorary Street Sign application process and approval criteria which would allow for approval of this evening.'s request. Assistant Administrator Martin stated the Honorary Street Sign request before Council this evening is to honor Collier E. Barcus who lost his life in service to our country in Iraq. Staff and Mayor Low have reviewed the application submitted by Collier's mother, Sandra Barcus, and believe the newly-revised criteria for this program have been met. Staff recommends designating the corner of John Street and Green Street as "Honorary Spc. Collier E. Barcus Way". Alderman Wimmer opined this is the most appropriate application for Honorary Street Sign designation to come before Council at this time. Alderman Santi noted he is touched by the application and thanked the family for bringing Collier's achievements to Council's attention. Alderman Glab concurred stating the designation of the honorary street is a fitting tribute to Mr. Barcus. He suggested Staff secure the appropriate military designation which could be included on the honorary sign. Assistant Administrator Martin stated he would secure the appropriate military language for the sign. Motion by Wimmer, seconded by Murgatroyd, to accept Mayor Low and Staff's recommendation to approve a resolution designating the corner of John Street and Green Street as an honorary street entitled "Honorary Spc. Collier E. Barcus Way". Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. July 31, 2006 Page 3 Absent: Schaefer, Condon. Motion carried. REQUEST. FOR CLASS A LIQUOR LICENSE — KHAYAT ENTERPRISE D/B/A FATMAN TAVERN MCHENRY, 2314 WEST ROUTE 12.0 Mayor Low stated an application for a Class A liquor license was submitted by Khayat Enterprise to operate Fatman Tavern McHenry at 2314 West Route 120. Mayor Low noted the applicant intends to open a bar/restaurant with live entertainment at this location. Mayor Low acknowledged a conditional use permit exists on the site to allow this type of use. Mayor Low stated she is impressed with the applicant's plans for the location, noting the applicant is a family having previous experience in this type of operation. Mayor Low noted all appropriate paperwork and fees have been submitted. The applicant and his manager have been fingerprinted. The Fatman Tavern McHenry staff will be required to attend BASSETT training classes. Mayor Low recommended the request for a Class A liquor license be approved pending satisfactory fingerprinting results, and the approval of an ordinance increasing the number of Class A liquor licenses from twenty-four to twenty-five. Alderman Glab expressed his support of the establishment. Motion by Santi, seconded by Wimmer, to accept Mayor Low's recommendation as Liquor Commissioner to approve the request for a Class A Liquor License from Khayat Enterprise d/b/a Fatman Tavern McHenry, located at 2314 West Route 120, subject to satisfactory fingerprinting results; and to approve an ordinance increasing the number of Class A Liquor Licenses from twenty-four to twenty-five. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Schaefer, Condon. Motion carried. REQUEST FOR AUTHORIZATION TO ISSUE REQUESTS FOR PROPOSALS FOR REDEVELOPMENT OF THE FORMER MEDICAL ARTS BUILDING SITE, 1110 NORTH GREEN STREET Director of Community Development Napolitano stated Council authorized Requests for Qualifications (RFQ) for potential developers of the former Medical Arts Building site located at 1110 North Green Street. Director Napolitano noted nineteen packets were sent out to potential RFQ candidates. Only three firms responded to the request by the deadline. The Evaluation Team is currently reviewing the responses and compiling a list of qualified finalists. This will be accomplished by August 3, 2006. Director Napolitano stated Staff is now requesting Council authorization to issue Requests for Proposal to the finalists selected by the Evaluation Team. July 31, 2006 Page 4 Alderman Murgatroyd encouraged continuing forward movement with this project. Motion by Murgatroyd, seconded by Santi, to accept Staff's recommendation to authorize the issuance of Requests for Proposals to finalists selected by the Evaluation Team for the redevelopment of the former Medical Arts Building site located at 1110 North Green Street. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay; None. Absent: Schaefer, Condon. Motion carried. APPROVE ADDENDUM TG ENGINEERING SERVICES AGREEMENT FOR ADDITIONAL WORK PERFORMED RELATING TO THE DESIGN OF THE MUNICIPAL CENTER DRIVE EXTENSION — SMITH ENGINEERING CONSULTANTS, IN THE AMOUNT OF $39,760 FOR A TOTAL CONTRACT AMOUNT OF $102,005.60 Director of Public Works Marcinko reminded Council approval was granted at its November 15, 2004 regularly scheduled meeting to authorize an Engineering Services Agreement with Smith Engineering Services (SEC) for the design of the Municipal Drive extension. Due to several changes and alterations in the layout of the extension, SEC has encountered additional costs in designing this project. Consequently, SEC has submitted an addendum to the original Agreement in the amount of $39,760 which results in a total design cost of $102,005.60. Director Marcinko noted the fact that the proposed extension has reverted back to the original design will result in a construction cost savings to the City. Alderman Santi inquired how much savings would be realized with the return to the original design. City Engineer Robert Wegener of SEC, who was in attendance, responded the savings would be approximately $250,0004300,000. Alderman Glab opined the additional cost for the design of the project seems high, especially since the design is reverting back to the one which was initially in place. City Engineer Wegener responded many hours have been spent in attempting to inform the adjacent property owner of the various ways the extension could be staked, verifying the need for dedicated right-of-way, staking and laying out the possible right- of-way radii, etc. Motion by Murgatroyd, seconded by Santi, to accept Staff's recommendation to approve an addendum to the Engineering Services Agreement with Smith Engineering Consultants relating to the design of the Municipal Center Drive Extension in the amount of $39,760 for a total contract amount of $102,005.60. Voting Aye: Santi, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Absent: Schaefer, Condon. Motion carried. July 31, 2006 Page 5 APPROVE THE FOLLOWING FOR THE EXTENSION OF MUNICIPAL CENTER DRIVE PROJECT: A. AWARD OF BID TO BERGER EXCAVATING CONTRACTORS INC IN AN ESTIMATED AMOUNT OF $1,337,570; AND B. ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION — SMITH ENGINEERING CONSULTANTS INC IN THE AMOUNT NOT-TO- EXCEED $127,929 Director Marcinko reminded Council approval was granted at its April 17, 2006 regularly scheduled meeting to advertise for bids for the Municipal Center Drive Extension project. Bid specifications were prepared, bids were sought and opened on July 5, 2006. One bidder responded to the request. Berger Excavating Contractors of Wauconda, Illinois submitted a bid in the amount of $1,337,570. Director Marcinko noted Smith Engineering Consultants (SEC) has submitted an Engineering Services Agreement for part time construction observation and staking services for this project in the amount of $127,929. Director Marcinko stated it is Staff's recommendation to award a contract to Berger Excavating Contractors and to enter into an Engineering Services Agreement with SEC for this project as stated. Alderman Peterson inquired about the proposed timetable for this project. Director Marcinko stated, if approved, the project would commence next week. Alderman Glab inquired about the percentage of cost and possible overlapping of services between the design agreement and the construction observation agreement. City Engineer Wegener responded there would be no overlapping of services. Alderman Glab expressed concern regarding safety issues while the project is underway. Responding to further inquiry, Director Marcinko stated there is a targeted completion date of the third week in November 2006. Motion by Murgatroyd, seconded by Wimmer, to accept Staff's recommendation to: 1 . award a contract to Berger Excavating Contractors Inc for the Municipal Center Drive Extension in an estimated amount of $1,337,570; and 2. approve and authorize the Mayor's execution of an Engineering Services Agreement for part time construction observation of the Municipal Center Drive Extension Project Smith Engineering Consultants Inc in the amount not-to- exceed $127,929. July 31, 2006 Page 6 Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting, Nay: None. Absent: Schaefer, Condon. Motion carried. APPROVE REQUEST TO WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE FAULT TOLERANT SERVER AND NETWORKED STORAGE UNIT FROM CDW-G AT A COST NOT-TO-EXCEED $79,000 Assistant Administrator Martin stated the City is in need of a Fault Tolerant Server and Networked Storage Unit. Installation of the Fault Tolerant Server provides a system that virtually never needs to be shut down as all of the data is backed up while the system is in operation. Assistant Administrator Martin noted Staff is simultaneously proposing the installation of a Storage Attached Network (SAN) to provide file storage for the system. Assistant Administrator Martin stated only two dealers sell this type of server and file storage system; Staff has secured proposals from both vendors. Staff is requesting waiver of the bid process and authorization to purchase the equipment from the low bidder, CDW-G of Vernon Hills, Illinois. Technical support and training is also being provided. Assistant Administrator Martin noted this item was included in the 2006-2007 Fiscal. Year approved budget. .Responding to an inquiry, City Administrator Maxeiner stated three years is standard life expectancy for computer equipment. Alderman Murgatroyd opined it is good that additional storage is being factored. into the purchase. Motion by Murgatroyd, seconded by Santi, to accept Staff's recommendation to waive the bidding requirements for the purchase of a Fault Tolerant Server and Networked Storage Unit, and to approve the purchase of a Fault Tolerant Server and Networked Storage Unit from CDW-G at a cost not-to-exceed $79,000. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Schaefer, Condon. Motion carried. MAYOR - STATEMENT AND REPORT Mayor Low reported late last week she became aware of an Alliance Bible Church event scheduled for Tuesday, August 1' between 6:30 p.m. and 8:30 p.m. in Veterans Memorial Park. Mayor Low stated the church intends to host a worship service and was unaware that Council permission was required. There will be approximately 100 participants. Mayor Low noted there would be no impact on City July 31, 2006 Page 7 Staff. Mayor Low stated she intends to approve the request if there is no opposition by Council. 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 purpose of the meeting is to provide an opportunity for public input regarding the Preliminary Master Plan for Parks and Recreation. Transportation Commission Chairman Alderman Wimmer announced a commission meeting has been scheduled for Monday, August 7, 2006 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab reported the off-site advertising sign at the corner of Bull Valley Road and Crystal Lake Road is in poor condition. Director Napolitano responded the owner will be coming before Council for a variance on August 14, 2006. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 7:59 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: Schaefer, Condon. Motion carried. The Meeting was adjourned at 7:59 p.m. MAYOR CITY CLERK DATE 8/01/2006 05:01 PM CITY OF MCHENRY PAGE 1 AS-NEEDED CHECKS COUNCIL MEETING 8/7/06 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 6070876 100 XXXXX 1195 AFLAC 726591VOLUNTARY INSURANCE 07/21/06 M 072006 2,230.96 724625 100.219 0607 072006 GLJ3312 2230.96 072006 6071195 600 00 2156 BENEFIT SYSTEMS & SERVIC 200608046 HEALTH INSURANCE PREMIUMS 07/31/06 M 073106 22,997.32 724639 600.00.4310 0607 073106 GLJ3344 22997.32 073106 6071196 600 00 2156 BENEFIT SYSTEMS & SERVIC 200608046 DENTAL INSURANCE PREMIUMS 07/31/06 M 073106 523.11 724639 600.00.4320 0607 073106 GLJ3344 523.11 073106 6070007 550 XXXXX 2663 BRUCE, KENNETH BALANCE OF RIVIERA MARINE 07/06/06 M 070606 61,700.25 505557 550.2134 0607 070606 GLJ3267 61700.25 070606 6071182 550 XXXXX 2663 BRUCE, KENNETH BALANCE-RIVIERA MARINE ESCROW 07/28/06 M 072706 61,700.25 505621 REPLACES CHECK #505557 7/6/06 550.2134 0607 072706 GLJ3334 61700.25 072706 6070882 100 41 3415 CLOWNING AROUND ENTERTAI 8/2/06INFLATABLE RENTALS 07/21/06 M 072006 272.88 724626 100.41.6920 1206182 0607 072006 GLJ3317 272.88 072006 272.88 6070867 100 01 3559 COUNTY CLERKS OFFICE LUNSMANN NOTARY COMMISSION RENEWAL 07/14/06 M 071406 10.00 724356 100.01.6940 0607 071406 GLJ3297 10.00 071406 6070884 100 41 4137 DEKALB SWIM TEAM P-SWIM TEAM DIVISIONALS 07/21/06 M 072106 300.00 724627 100.41.5110 0607 072106 GLJ3319 300.00 072106 6070865 100 41 5514 ENCHANTED CASTLE 7/20/06 R-PARKS DAY CAMP FIELD TRIP 07/14/06 M 071406 540.00 724357 100.41.5110 0607 071406 GLJ3297 540.00 071406 6070439 100 9419 FOP UNITS I/II PD UNION DUE 07/31/06 M 071406 1,007.00 724640 100.214 0607 071406 GLJ3277 1007.00 071406 6071146 100 9419 FOP UNITS I/II PD UNION DUE 07/31/06 M 072806 1,007.00 724640 100.214 0607 072806 GLJ3328 1007.00 072806 6070885 100 22 7 HOLIDAY INN 7/26-27/06PTI GRADUATION LODGING 07/25/06 M 072506 70.00 724633 JONES & PECHOUS 100.22.5420 0607 072506 GLJ3327 70.00 072506 6070004 100 33 8527 HOME DEPOT/GECF MAY/JUNE06MATERIALS & SUPPLIES 07/06/06 M 070606 911.07 724351 100.33.6110 0607 070606 GLJ3266 911.07 070606 6070005 510 32 8527 HOME DEPOT/GECF MAY/JUNE06MATERIALS & SUPPLIES 07/06/06 M 070606 454.01 505558 510.32.6110 0607 070606 GLJ3266 454.01 070606 6070008 100 XXXXX 8532 HOME STATE BANK GENERAL FUND INVESTMENT 07/06/06 M 070606 500,000.00 724352 100.110 0607 070606 GLJ3267 500000.00 070606 6070009 580 XXXXX 8532 HOME STATE BANK UTILITY IMPROVEMENT INVESTMENT 07/06/06 M 070606 320,000.00 505559 580.110 0607 070606 GLJ3267 320000.00 070606 6070010 580 XXXKX 8532 HOME STATE BANK UTILITY IMPROVEMENT INVESTMENT 07/06/06 M 070606 750,000.00 505559 DATE 8/01/2006 05:01 PM CITY OF MCHENRY PAGE 2 AS-NEEDED CHECKS COUNCIL MEETING 8/7/06 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 580.110 0607 070606 GLJ3267 750000.00 070606 6070011 580 XXXXX 8532 HOME STATE BANK UTILITY IMPROVEMENT INVESTMENT 07/06/06 M 070606 250,000.00 505559 580.110 0607 070606 GLJ3267 250000.00 070606 6070012 280 XXXXX 8532 HOME STATE BANK PARKS DONATION INVESTMENT 07/06/06 M 070606 250,000.00 724353 280.110 0607 070606 GLJ3267 250000.00 070606 6070013 510 XXXXX 8532 HOME STATE BANK WATER/SEWER FUND INVESTMENT 07/06/06 M 070606 295,000.00 505560 510.110 0607 070606 GLJ3267 295000.00 070606 6070014 260 XXXXX 8532 HOME STATE BANK ANNEXATION INVESTMENT 07/06/06 M 070606 300,000.00 724354 260.110 0607 070606 GLJ3267 300000.00 070606 6070866 100 22 9385 ILEETA ADAMS ANNUAL DUES 07/14/06 M 071406 40.00 724358 100.22.5410 0607 071406 GLJ3297 40.00 071406 6070002 100 01 9383 ILLINOIS DEPARTMENT OF P JUNE 2006 DEATH CERTIFICATE COPIES 07/05/06 M 070506 378.00 724348 100.01.6940 0607 070506 GLJ3256 378.00 070506 6071194 100 01 9383 ILLINOIS DEPARTMENT OF P JULY 06 DEATH CERTIFICATE COPIES 07/31/06 M 073106 700.00 724641 100.01.6940 0607 073106 GLJ3344 700.00 073106 6070003 205 00 10212 J & H VIDEO PRODUCTIONS MISS MCHENRY PAGEANT ON DVD 07/05/06 M 070506 480.00 724349 205.00.5110 0607 070506 GLJ3257 480.00 070506 6071191 100 30 12151 LEADERSHIP GREATER MCHEN 198 TUITION FEE 07/31/06 M 073106 2,000.00 724642 BRAD FINK 100.30.5430 0607 073106 GLJ3344 2000.00 073106 6070883 100 41 14226 MCGUIRE AQUATICS P-SWIM TEAM DIVISIONALS 07/21/06 M 072106 182.00 724628 100.41.5110 0607 072106 GLJ3318 197.00 072106 100,41.5110 0607 072106 GLJ3319 15.000R 072106 6070435 100 15079 NCPERS GROUP LIFE INS. IMRF LIFE 07/31/06 M 071406 335.00 724644 100.2041 0607 071406 GLJ3277 335.00 071406 6071185 100 XXXXX 17155 PETTY CASH FUND 5/5-7/27 MATERIALS & SUPPLIES 07/28/06 M 072706 163.28 724634 100.41.6920 0607 072706 GLJ3335 10.00 072706 100.01.5330 0607 072706 GLJ3335 2.40 072706 100.04.5310 0607 072706 GLJ3335 .39 072706 100.22.4510 0607 072706 GLJ3335 3.30 072706 100.22.6210 0607 072706 GLJ3335 5.00 072706 100.30.5310 0607 072706 GLJ3335 .57 072706 100.33.5430 0607 072706 GLJ3335 45.00 072706 100.30.5420 0607 072706 GLJ3335 1.47 072706 100.41.6110 0607 072706 GLJ3335 C 37.78 072706 100.41.6110 0607 072706 GLJ3335 R 33.70 072706 100.41.6110 0607 072706 GLJ3335 P 8.12 072706 100.41.5430 0607 072706 GLJ3335 9.38 072706 100.41.6210 0607 072706 GLJ3335 6.17 072706 DATE 8/01/2006 05:01 PM CITY OF MCHENRY PAGE 3 AS-NEEDED CHECKS COUNCIL MEETING 8/7/06 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 6071186 510 31 17155 PETTY CASH FUND 6/21/06 SUPPLIES 07/28/06 M 072706 7.47 505622 510.31.6110 0607 072706 GLJ3335 7.47 072706 6070006 100 04 17550 POSTMASTER MCHENRY IL POSTAGE FOR WATER/SEWER BILLS 07/06/06 M 070606 825.10 724355 100.04.5310 0607 070606 GLJ3266 825.10 070606 6070875 100 03 17550 POSTMASTER MCHENRY IL 400 ® .39 RETURN POSTAGE-CITIZEN SURV 07/19/06 M 071906 156.00 724624 100.03.5310 0607 071906 GLJ3311 156.00 071906 6071190 100 41 20008 SAFARI LAND LLC 8/3/06R-DAY CAMP FIELD TRIP 07/28/06 M 072806 475.00 724635 100.41.5110 0607 072806 GLJ3338 475.00 072806 6071187 100 01 20150 SECRETARY OF STATE #130 VEHICLE TITLE & REGISTRATION 07/28/06 M 072706 75.00 724636 100.01.6940 0607 072706 GLJ3335 75.00 072706 6070868 100 01 20152 SECRETARY OF STATE / POL #007 VEHICLE REGISTRATION 07/14/06 M 071406 78.00 724359 100.01.6940 0607 071406 GLJ3297 78.00 071406 6070869 100 41 20308 SIX FLAGS GREAT AMERICA 51236 R-TICKETS SOLD IN JUNE 07/14/06 M 071406 3,102.56 724360 100.41.5110 0607 071406 GLJ3297 3102.56 071406 6071197 100 41 20308 SIX FLAGS GREAT AMERICA JULY 06 R-ADMISSION TICKETS SOLD 07/31/06 M 073106 1,914.08 724645 100.41.5110 0607 073106 GLJ3344 1914.08 073106 6070877 100 41 20709 ST AUBIN NURSERY INC 44112 PEBBLE CREEK TREE PLANTING 07/21/06 M 072006 8,860.00 724629 100.41.6950 0607 072006 GLJ3312 8860.00 072006 6071183 100 04 20711 STAPLES BUSINESS ADVANTA 38810 OFFICE SUPPLIES 07/28/06 M 072706 39.95 724637 100.04.6210 0607 072706 GLJ3334 39.95 072706 6071184 100 XXXXX 20711 STAPLES BUSINESS ADVANTA 43411 OFFICE SUPPLIES 07/28/06 M 072706 60.04 724637 100.41.6210 0607 072706 GLJ3334 8.19 072706 100.04.6210 0607 072706 GLJ3334 51.85 072706 6070001 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 07/05/06 M 070506 27.94 724350 100.02.5310 0607 070506 GLJ3256 30.02 070506 100.22.5310 0607 070506 GLJ3256 6.15 070506 100.30.5310 0607 070506 GLJ3256 8.23CR 070506 6070870 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 07/14/06 M 071406 26.22 724361 100.03.5310 0607 071406 GLJ3297 10.68 071406 100.04.5310 0607 071406 GLJ3297 7.83 071406 100.22.5310 0607 071406 GLJ3297 7.71 071406 6070878 100 22 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 07/21/06 M 072006 29.49 724630 100.22.5310 0607 072006 GLJ3312 29.49 072006 6071192 100 04 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 07/31/06 M 073106 16.00 724646 100.04.5310 0607 073106 GLJ3344 16.00 073106 DATE 8/01/2006 05:01 PM CITY OF MCHENRY PAGE 4 AS-NEEDED CHECKS COUNCIL MEETING 8/7/06 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 6071193 510 31 22497 UNITED PARCEL SERVICE 6OX-485 UPS CHARGES 07/31/06 M 073106 15.53 505624 510.31.5310 0607 073106 GLJ3344 15.53 073106 6071188 100 XXXXX 22496 UNITED STATES LIFE INSUR G-190822 LIFE INSURANCE PREMIUMS 07/28/06 M 072706 1,080.00 724638 100.01.4310 0607 072706 GLJ3335 48.60 072706 100.01.4310 0607 072706 GLJ3335 18.90 072706 100.02.4310 0607 072706 GLJ3335 8.10 072706 100.224 0607 072706 GLJ3335 8.62 072706 100.04.4310 0607 072706 GLJ3335 15.68 072706 100.04.4310 0607 072706 GLJ3335 16.20 072706 100.22.4310 0607 072706 GLJ3335 526.50 072706 100.30.4310 0607 072706 GLJ3335 44.55 072706 100.33.4310 0607 072706 GLJ3335 178.20 072706 100.34.4310 0607 072706 GLJ3335 24.30 072706 100.03.4310 0607 072706 GLJ3335 76.95 072706 100.41.4310 0607 072706 GLJ3335 97.20 072706 100.224 0607 072706 GLJ3335 8.10 072706 100.41.4310 0607 072706 GLJ3335 8.10 072706 6071189 510 XXXXX 22496 UNITED STATES LIFE INSUR G-190822 LIFE INSURANCE PREMIUMS 07/28/06 M 072706 170.10 505623 510.31.4310 0607 072706 GLJ3335 85.05 072706 510.32.4310 0607 072706 GLJ3335 85.05 072706 6070879 290 00 23526 VOA ASSOCIATES INC 0045107 RIVERWALK DESIGN SERVICE 07/21/06 M 072006 34,332.17 724631 290.00.8900 1906023 0607 072006 GLJ3312 ADDITIONAL 34332.17 072006 34332.17 290-RIVERWALK 6070880 290 00 23526 VOA ASSOCIATES INC 0045107 RIVERWALK ADD ALTERNATES 07/21/06 M 072006 38,517.89 724631 290.00.8900 1905024 0607 072006 GLJ3312 38517.89 072006 38517.89 6070881 100 XXXXX 24020 WALMART COMMUNITY JUKE/JULY MATERIALS & SUPPLIES 07/21/06 M 072006 866.16 724632 100.22.6110 0607 072006 GLJ3316 291.58 072006 100.22.6210 0607 072006 GLJ3316 181.84 072006 100.41.6110 0607 072006 GLJ3316 C 20.14 072006 100.41.6110 0607 072006 GLJ3316 M 58.96 072006 100.41.6110 0607 072006 GLJ3316 P 92.74 072006 100.41.6110 0607 072006 GLJ3316 R 132.09 072006 100.41.6920 0607 072006 GLJ3316 19.44 072006 100.41.5330 0607 072006 GLJ3316 20.87 072006 100.33.6110 0607 072006 GLJ3316 34.56 072006 100.03.6110 0607 072006 GLJ3316 13.94 072006 6070871 100 41 24553 WOODSTOCK SWIMMING ASSOC P-RELAY ENTRY FEES 07/14/06 M 071406 672.00 724362 100.41.5110 0607 071406 GLJ3297 672.00 071406 EXPENDED LIQUID ACCRUAL GRAND TOTALS 2,914,348.83 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 528,450.73 272.88 DATE 8/O1/2006 05:01 PM CITY OF MCHENRY PAGE 5 AS-NEEDED CHECKS COUNCIL MEETING 8/7/06 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 205 PAGEANT FUND 480.00 260 ANNEXATION FUND 300,000.00 280 DEVELOPER DONATION FUND 250,000.00 290 TIF FUND 72,850.06 72,850.06 510 WATER/SEWER FUND 295,647.11 550 CAPITAL DEVELOPMENT FUND 123,400.50 580 UTILITY IMPROVEMENTS FUND 1,320,000.00 600 EMPLOYEE INSURANCE FUND 23,520.43 **** 2,914,348.83 73,122.94 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Darnel J. Marcinko,Director of Public Works FOR: August 7, 2006 Regular City Council Meeting RE: Design Engineering Services and Surveying Agreement ATTACHMENTS: Engineering Services Agreement RECOMMENDATION: Approve the Engineering Services Agreement from Smith Engineering Consultants, Inc. for the design of the new 4.5 South Wastewater Treatment Plant expansion in an amount not to exceed$1,780,000 Background. At the October 17, 2005 Regular City Council Meeting, the City Council considered the Central Wastewater Treatment Plant long range plan. It was the consensus of the Council that staff should move forward with the consolidation of the city's wastewater needs at the south plant. The recommended alternative is to construct a new treatment facility adjacent to the existing South Plant and take the existing Central Plant out of service. A new pump station will be designed and constructed (under a separate contract) to convey wastewater from the Central Plant Service Area to the new South Plant. Analysis. The proposed Engineering Service Agreement from Smith Engineering Consultants, Inc. (SEC) will provide the design for the new South Plant Wastewater Treatment Facility. The design of the new plant will include odor control, meetings with the various environmental groups and the Illinois Environmental Protection Agency (IEPA) as needed. The proposed agreement from SEC for the design of the new plant is a lump sum contract in an amount not to exceed $1,780,000 or approximately 8% of the estimated construction project. The fee summary and scope of services is outlined in greater detail in the attached agreement. The cost for the engineering services has been analyzed and confirmed to be within the typical fees for this type of design contract. Recommendation. Staff recommends approval of the Engineering Services Agreement from Smith Engineering Consultants, Inc. for the design of the new 4.5 South Wastewater Treatment Plant expansion in an amount not to exceed$1,780,000.00. Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors PROPOSAL/AGREEMENT For DESIGN ENGINEERING SERVICES AND SURVEYING CITY OF MCHENRY NEW 4.5 MGD SOUTH PLANT DESIGN AND DEMOLITION AND DECOMNIISSIONING 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 July 18,2006 4500 Prime Parkway,McHenry,II. 60050 www.smithcngincering.com Telephone 815.385.1778 Fax 815.385.1781 Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 July 18,2006 Page 2 of 9 I. Project Understanding 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 adjacent 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 4.5 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 Return/Waste Activated Sludge Pumping Systems f. Filtration g. LTV Disinfection h. New Outfall to the Fox River i. Waste Activated Sludge Thickening utilizing a Gravity Belt Thickener process j. Aerobic Digestion k. Digested Sludge Dewatering employing a Belt Filter Press process 1. Odor Control for Sludge Dewatering/Thickening Facilities Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and 4 July 18,2006 Page 3 of 9 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 maybe 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 ri SEC Job Nos.:MCHE-060535-3 and-4 July 18,2006 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. II. Scope of Services A. Basic Services to be provided by SEC for this Project under this Agreement are as 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. 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 (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. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 July 18,2006 Page 5 of 9 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 review and comment. Meet with the City to receive comments and incorporate comments into design. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3.and-4 July 18,2006 Page 6 of 9 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. Project Timing 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. Fee Summary Compensation will be a lump sum $1,750,000.00 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 July 18,2006 Page 7 of 9 V. ADDITIONAL CONTRACT UNDERSTANDING Extra Work Any work required but not included as part of this contract shall be considered extra work Extra work will be billed on a Time and Material basis with prior written approval of the CITY OF MCHENRY. Outside Consultants SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. 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. Attomeys'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 famished 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 MCHENRY shall retain copies of the work performed by SEC in CADD form only for information and use by the CITY OF MCHENRY for the specific purpose for which SEC was engaged. Any use or reuse of original or altered CADD design materials by the CITY OF MCHENRY,agents of the CITY OF MCHENRY,or other parties without the review and written approval of SEC shall be at the sole risk of the CITY OF MCHENRY. Dispute Resolution All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of the AGREEMENT shall be decided through Mediation,in accordance with American Arbitration Rules. The parties further agree that the CITY OF MCHENRY will require,as a condition for participation in the project and their AGREEMENT to perform labor or services,that all Contractors, Subcontractors, Sub-subcontractors and Material Persons,whose portion of work amounts to five thousand dollars($5,000)or more,and their insurers and sureties shall agree to this procedure. Mr.Daniel J.Marcinko City of McHenry New South Plant Design SEC Job Nos.:MCHE-060535-3 and-4 July 18,2006 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 July 18,2006 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 ofthe AGREEMENT shall be the last date entered below. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Robert . Weg ner, P.E. President/Chief Executive Officer KMF/CJP/saz CITY OF MCHENRY: Accepted by: Printed/Typed Name: Title: Date: CITY of McHENRY: N:VobslSntitb120061060535 MCHE New South Plant DesipkAdmiaWntionleontmct\Proposal-REVISED-cjp-071806.doc c Elmo TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: August 7,2006,Regular City Council Meeting RE: Ordinance Adopting Updates to the Building Codes ATTACHMENTS: 1. Letter from Dave Urbanek,dated 7/19/06 2. Ordinance Amending Chapter VII of the Municipal Code STAFF RECOMMENDATION: To approve the attached ordinance amending Chapter VII of the Municipal Code,with an effective date of October 1,2006. Background In June of 2006, the City Council directed Staff to send proposed building code updates to the Illinois Building Commission (IBC) for review. IBC has reviewed and endorsed the proposed changes. Therefore, the City can officially adopt the updated codes. To recap, the City will be switching to the following codes: Current Proposed BOCA National Building Code: 1996 International Building Code: 2000 CABO One and Two-Family: 1995 International Residential Code: 2000 BOCA Fire Prevention Code: 1996 International Fire Code: 2000 International Mechanical Code: 1996 International Mechanical Code: 2000 National Electric Code: 1996 National Electric Code: 1999 Int.Pronerty_Maintenance Code: 1998 International Fuel Gas Code: 2000 International Energy Cons.Code: 2000 Int.PropertxMaintenance Code: 2000 The following codes will remain in effect as they are mandated by the State of Illinois: Illinois State Plumbing Code: Current Edition Illinois Accessibility Code: Current Edition The Code updates will have an effective date of October 1,2006. STATE OF 1LLINOU ROD M BLAGWEVICH GOVERNOR - i CAPITAL JA s & ttm Director Board Members Antbony R Licata July 19, 2006 Chairman Mark J.Ladd Glyn M.Rama$e Michael Clain Mr' Ryan Schwalenberg Building Commissioner Stewart A.Munoz City of McHenry 333 South Green Street McHenry, IL 60050 Dear Mr. Schwalenberg: This is to acknowledge receipt of your correspondence complying with P.A. 92-489 effective July 1, 2002. The Capital Development Board, Division of Building Codes and Regulations will post the following referenced information at wwwxdb.stateJl.us for informational purposes only. Adoption: Mu.G.Stratton Building 2000 International Building Code w/local amendments 4o1 South spring street 2000 International Residential Building Code w/local amendments Third Floor Springlleld,nlinotr 2000 International Fire Code w/local amendments 6270640.50 2000 International Fuel.Gas Code w/local amendments ✓runs R.Thompson Center 2000 International Property Maintenance Code w/local amendments 100 West Randolph Street 2000 International Mechanical Code w/local amendments Suite 14-600 Chicago,IltTnols 60601-3283 2000 International Energy Conservation Code w/loeal amendments Dann-Richmond Economic 2000 City of McHenry Municipal Code w/local amendments Development Center 150 East Plettmnt Hill Road Effective: 1010112006 Suite 258 Carbondale,IL 62901 If you have any questions,please contact Laura Kozemczak at 217.557.7500. I22 Shooting Park Road Suite 108 Peru,IL 61-154 Sincerely, 217.782.2W 217.524.0565 FAX CAPITAL DEVELOPMENT BOARD 217.524.4449 MD www.cdb.stateJLus Division of Building Codes &Regulations Dave Urbanek " Division Manager ORDINANCE NO. MC-06- An Ordinance Amending City of McHenry Municipal Code Chapter 7,Buildings and Building Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION l: That Chapter 7 Buildings and Building Regulations Article I In General of the City of McHenry Municipal Code, shall be amended as follows: Section 7-3 (A)(5) include "and Hot Tubs"; Section 7-3 (A)(8) add "including miscellaneous construction"; Section 7-3 (A)(19) add "Backflow Prevention Installation: $50.00"; Section 7-3 (B)(18) add 'Backflow Prevention Installation: $50.00"; Section 7-5 (a)be changed to read as follows: Duration of Minor Permits. A minor permit shall be any permit issued for an accessory use listed in Table 19:Permitted Obstructions of Required Yards in the City of McHenry Zoning Ordinance. A minor permit shall expire and become invalid if a substantial construction start is not made within ninety (90) days after the issuance of said permit, and/or if construction is not fully completed within six(6)months after the issuance of said permit.In any of the aforesaid cases,no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said minor permit or a letter of extension from the Community Development Director is issued Section 7-5 (b)be changed to read as follows: Duration of Major Permits.A major permit shall be any permit not classified as a minor permit.A major permit shall expire and become invalid if a substantial construction start is not made within sixty (60) days after the issuance of said permit, construction is not completed, and a final inspection passed (Temporary Occupancy Agreement issued), within one (1) year after the issuance of said permit, or, if the building whose construction is authorized thereby has passed a final inspection and a Certificate of Occupancy has not been issued within two (2) years after the issuance date of said permit within one(1)year after the issuance of said permit,or,if the building whose construction is authorized thereby has not had and passed a final inspection and a Certificate of Occupancy is not issued within two (2) years after the issuance date of said permit. In any of the aforesaid cases,no further construction shall be permitted until a new application has been submitted and approved and all fees have been paid in connection with the application for said major permit or a letter of extension from the Community Development Director is issued. Section 7-20 be changed to Reserved; Section 7-21 be changed by adding a second paragraph as follows: No garage shall be smaller than twelve(12)feet wide by twenty(20)feet deep,with a door opening no less than nine(9)feet wide by seven(7)feet high. Section 7-27 be changed to read as follows: The basement,crawl space or lowest floor elevation of any building shall be a minimum of one(1) foot above the seasonal high water level as determined by an Illinois licensed professional soils engineer. SECTION 2: That Chapter 7 Buildings and Building Regulations Article II Electricity of the City of McHenry Municipal Code, shall be amended as follows: Section 7-34 be changed to read as follows: That a certain document, three copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "The National Electrical Code", 1999 Edition NFPA 70, promulgated by the National Fire Protection Association, and amendments thereto, are hereby adopted by reference as and for the safe and practical standards for the installation, alteration and use of electrical wiring, apparatus and equipment in the City;provided, however,that where the provisions of the National Electrical Code and amendments thereto are in conflict with the provisions of the following sections of this article,or such amendments thereof as the City may hereafter adopt,such sections and amendments shall control. That the aforesaid three copies of the National Electrical Code and said amendments have been filed with the City Clerk for a period of at least 30 days prior to the adoption of this section. Section 7-35 be changed to read as follows: The following exceptions and modifications are found necessary to meet conditions and shall prevail in the case of conflict thereof with any of the provisions in the National Electrical Code: a) All commercial, industrial and multi-family residence service shall be in rigid conduit. All interior wiring in commercial, industrial and multi-family residences shall be in thinwall (EMT) conduit. b) Single-family residence service shall be in rigid, IMC or in thinwall (EMT)metal conduit. All interior wiring in single-family residences shall be in BX or in thinwall(EMT) conduit or shall be grounded NM cable. c)All underground wiring shall be in rigid conduit. 151 d)All metal noncurrent carrying parts of enclosures of electrical equipment and metal boxes shall be grounded.The ground wire shall be secured to a cold water pipe when such pipe is available.If such pipe is not available,then the ground shall be secured to a ground rod at least eight(8)feet in length.No ground shall be secured to any fixture or fitting.All buildings having metal siding shall be grounded by means of two(2)ground rods,eight(8)feet in length,located on opposite corners. e)All electrical outlets,switches and light fixtures shall be provided with metal boxes,which shall be grounded.All lighting fixtures located above tubs and showers shall be ground fault interrupter (GFI)protected.(MC-03-829) f) Wiring for dining rooms, kitchens, laundries and utility rooms in all residences shall not be smaller than No. 12 AWG wire and nor more than three (3) appliance outlets shall be located on any separate individual circuit. All furnaces,boilers, washers, dishwashers, air-conditioners, wells and sump pumps shall be wired on separate circuits of wire not smaller than No. 12 AWG. g)The existing type of wiring may be followed where additional outlets are being installed in any existing structure. However, where a building addition is being constructed, the type of wiring in the existing structure shall not be followed unless such existing wiring complies with the provisions of this Article. h) Meter sockets on new single-family construction shall be located on the side of the house closest to the source. SECTION 3: That Chapter 7 Buildings and Building Regulations Article IV BOCA NATIONAL CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-58 first paragraph be deleted and replaced with the following: A certain document,three(3)copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois, being marked and designated as "INTERNATIONAL BUILDING CODE/2000" and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL(ICC), be and is hereby adopted for the control of buildings and structures, other than detached one or two family dwellings, as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of the INTERNATIONAL BUILDING CODE/2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the following additions,insertions,deletions and changes: Section 7-58 (2)be deleted and replaced with the following: (2)Delete Sections 105.1.1 Annual Permits and 105.1.2 Annual Permit Records and 105.2 Work Exempt from Permit. Section 7-58 (3)be deleted and replaced with the following: (3)Section 106.1 Submittal Documents,Delete"one or more sets"and insert"a minimum of three sets"; Section 7-58 (4)be deleted and replaced with the following: (4)"A site plan" should be deleted and"4 site plans and/or surveys" should be inserted in the second line of Section 106.2 Section 7-58 (5)be deleted and replaced with the following: (5)Section 105.6 Suspension of Permit,be and the same is hereby deleted. Section 7-58 (6)be deleted and replaced with the following: (6) Section 113.4 shall read as follows: "Violation Penalties: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official,or of a permit or certificate issued under the provisions of this Code,shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Seven Hundred Fifty Dollars ($750.00). Each day that a violation continues shall be deemed a separate offense." Section 7-58 (7)be deleted and replaced with the following: (7) Section 114.3 shall read as follows: "Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).Each day that a violation continues shall be deemed a separate offense." Section 7-58 (9)be deleted and replaced with the following: (9) Delete the provisions of Code Sections 112.1 through 112.3 inclusive; insert Section 112.1 which shall read as follows: "Appeals. Any person aggrieved by any decision of the Building Officer may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer.Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." Section 7-58 (10)be deleted and replaced with the following: (10)Insert"City of McHenry"in Section 1612.3. Section 7-58 (11)be deleted and replaced with the following: (11)Reserved. Section 7-58 (13)be deleted and replaced with the following: (13)Delete Section 3107, Signs. Section 7-58 (14)be deleted and replaced with the following: (14)Section 106.1 of the INTERNATIONAL BUILDING CODE(IBC),delete 'one or more sets" in line 3 and replace with"three sets". Section 7-58 (15)be deleted and replaced with the following: (15) Section 106.0 of INTERNATIONAL BUILDING CODE, insert "Landmark Commission approval required prior to demolition". Section 7-58 (16)be deleted and replaced with Reserved. Section 7-58 (17)be deleted and replaced as follows: (17) Section 110.3 of INTERNATIONAL BUILDING CODE (IBC), Certificate Issued, delete line 5 starting with"that shall contain"the end of Section 110.3 Section 7-58 (18)be deleted and replaced with the following: (18)Page 691 of the INTERNATIONAL BUILDING CODE, Chapter 35, Referenced Standards, Codes,delete `IPC-2000'and replace with Illinois State Plumbing Code';delete IPSDC-2000. Section 7-58 (19)be deleted and replaced with the following: (19) Delete INTERNATIONAL BUILDING CODE Section 3109, Swimming Pool Enclosures and replace with`See Chapter 22,Swimming Pools,of the City of McHenry Municipal Code. Section 7-58 (21)be deleted and replaced with the following: (21) Appendix B - Board of Appeals, Delete Section B101 General and insert the following: Appeals.Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council." Section 7-58 (22)be deleted and replaced with the following: (22)Adopt Appendix-B as modified. Section 7-58 (23)be deleted and replaced with the following: (23)Insert"City of McHenry"in Section 1612.3 Section 7-58 (24)be deleted and replaced with the following: (24)Insert"July 5, 1983" in Section 1612.3 Section 7-58 (26)be deleted and replaced with the following: (26)Insert"the adoption date of the 2000 INTERNATIONAL BUILDING CODE by the City of McHenry" Section 7-58 (27)be deleted and replaced with the following: (27)Chapter 35,Reference Standards,Codes,delete reference to"IEC-2000"INTERNATIONAL ELECTRIC CODE. SECTION 4: That Chapter 7 Buildings and Building Regulations Article VIII INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-132 heading and first paragraph be deleted and replaced with the following: Sec. 7-132. INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS/2000 Edition adopted. A certain document,three(3)copies of which are on file in the office of the City Clerk of the City of McHenry, Illinois being marked and designated as "INTERNATIONAL RESIDENTIAL CODE 2000" Edition, and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL (ICC) is hereby adopted as the "Building Code of the City of McHenry, Illinois:, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS/2000 Edition, are hereby referred to, adopted and made a part hereof, as if fully set out in this Article with the following additions,insertions and changes,if any: Section 7-132 (1)be deleted and replaced with the following: (1)Delete the provisions of Section R-103 and insert the following provisions as and for Section R-103: Section R-103. Enforcement Officer. It shall be the duty and responsibility of the City Building Inspector to enforce the provisions of the "INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS".The Building Inspector is herein referred to as the Building Officer. Section 7-132 (2)be deleted and replaced with the following: (2)Delete the provisions of Section R-112 'Board of Appeals" and insert the following provision in the place thereof: Section R-112.1 Appeals. Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. Section 7-132 (3)be deleted and replaced with the following: (3) Delete the provisions of Section R-105, "Permits", and in the place thereof substitute the following: Section R-105 "Permits". The terms and provisions of Section 105 of the INTERNATIONAL BUILDING CODE 2000,are hereby referred to,adopted and incorporated herein as if fully set out in this Article. Section 7-132 (4)be deleted and replaced with the following: (4) Delete the provisions of Section R-106 "CONSTRUCTION DOCUMENTS" and insert the following provisions as and for Section r-105: Section r-106. Plans and Specifications. The application for the permit shall be accompanied by not less than 2 copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When the quality of materials is essential for conformity to this Code, specific information shall be given to establish such quality; the Building Official may waive the requirement for filing plans when the work involved is of a minor nature.The Building Official may require the plans and specifications to be signed and sealed by an architect or structural engineer registered and licensed by the State of Illinois. Section 7-132 (6)be deleted and replaced with the following: (6)CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND WIND SEISMIC SUBJECT TO DAMAGE FROM WINTER FLOOD SNOW SPEED(MPH) DESIGN WEATHERING FROST LINE TERMITE DECAY DESIGN HAZARD LOAD CATAGORY DEPTH TEMP 30 80 1 SEVERE 42" MODERATE SLIGHT TO 680 AT July 5, TO MODERATE OF 1983 HEAVY Section 7-132 (7)be deleted and replaced with the following: (7)Add Section R-309.6 as follows: Section R-309.6 Attached Garages. Provide 4" concrete curb between building and attached garage or construct the garage floor a minimum of 4" below the adjoining foundation. Installation of house heating unit or other fuel burning appliance in the garage is not permitted unless a wall having a fire resistance rating of not less than 1 hour is installed separating the space containing the home heating unit and the garage space. Section 7-132 (8)be deleted and replaced with the following: (8)Section 311.1,paragraph 1,line 1,delete'one exit",and insert"two exit". Section 7-132 (10)be deleted and replaced with Reserved. Section 7-132 (11)be deleted and replaced with Reserved. Section 7-132 (13)be deleted and replaced with Reserved. Section 7-132 (16)be deleted and replaced with the following: (16)Section R-409.3 shall read as follows: Section R-409.3 Removal of Debris. The under floor grade shall be cleaned of all vegetation, organic material, concrete forms and construction debris. Such material shall be replaced with granular fill or pea-gravel with a vapor barrier. A minimum clearance of twenty-four(24) inches under floors or girders is required. Section 7-132 (17)be deleted and replaced with Reserved. Section 7-132 (18)be deleted and replaced with the following: (18)Insert Section R-702.3.1.1, All interior walls and ceiling surfaces in habitable areas shall be covered with a minimum of one- half(1/2) inch gypsum wall board or equal. An exception to the foregoing is the use of three- eighths (3/8) inch gypsum wall board as backup for plywood paneling. No sheet rock is required for nominal one(1)inch solid paneling. Section 7-132 (19-20)be deleted and replaced with Reserved. Section 7-132 (24-35)be deleted and replaced with Reserved. Section 7-132 (37-38)be deleted and replaced with Reserved. Section 7-132 (41-43)be deleted and replaced with Reserved. Section 7-132 (44)be deleted and replaced with the following: (44) Change all references in section R-309.2 "Separation Required" from ''/2" thick drywall to 5/8"fire code drywall. SECTION 5: That Chapter 7 Buildings and Building Regulations Article XIII INTERNATIONAL MECHANICAL CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-200 first paragraph be deleted and replaced with the following: See.7-200.Control of buildings and structures. A certain document,three(3)copies of which are on file in the Office of the City Clerk of the City of McHenry, Illinois, and which have been on file therein for a period of thirty(30) days prior to the adoption of this ordinance, being marked and designated as the INTERNATIONAL MECHANICAL CODE 2000, and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL(ICC)be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the INTERNATIONAL MECHANICAL CODE 2000, are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the following additions,deletions,insertions and changes: Section 7-200 (3)be deleted and replaced with the following: (3)Delete Section 108.4 Violation Penalties. Section 7-200 (7)be deleted and replaced with the following: (7)Page 98,Referenced Standards Codes, delete IPC-2000,ICC International Plumbing Code and replace with Illinois State Plumbing Code. Section 7-200 (8) be deleted and replaced with Reserved. SECTION 6: That Chapter 7 Buildings and Building Regulations Article XN INTERNATIONAL FIRE CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-211 first paragraph be deleted and replaced with the following: Sec.7-211.Control of buildings and structures. A certain document,three(3)copies of which are on file in the Office of the City Clerk of the City of McHenry,Illinois,and which have been on file therein for a period in excess of thirty(30)days prior to the adoption of this Ordinance, being marked and designated as "INTERNATIONAL FIRE CODE 2000", and annual supplements thereto, as published by the INTERNATIONAL CODE COUNCIL, be and is hereby adopted for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of "INTERNATIONAL FIRE CODE 2000" are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, with the following additions, insertions, deletions, and changes: Section 7-211 (1)be deleted and replaced with the following: (1)The words "City of McHenry"should be inserted in the second line of Section F-101.1 on page (1)of the Code. Section 7-211 (2)be deleted and replaced with the following: (2)Delete the provisions of Appendix A"Board of Appeals"and insert the following provision in the place thereof: Appeals.Any person aggrieved by any decision of the Building Inspector may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the Building Officer. Thereupon, the Building Officer shall take action in accordance with the decisions of said City Council. Section 7-211 (4)be deleted and replaced with the following: (4)Section 104.1 Add"The Building Officer is hereby referred to as the Fire Official'. Section 7-211 (5)be deleted and replaced with the following: (5)Delete the provisions of Section 108 and insert: Any person aggrieved by any decision of the Building Officer may appeal there from to the City Council which may affirm,modify or reverse the decisions of the Building Officer.. Thereupon, the Building Officer shall take action in accordance with the decisions of the City Council. Section 7-211 (6)be deleted and replaced with the following: (6) Chapter 45, REFERENCED STANDARDS, Codes, delete references to the IPC-2000 International Plumbing Code and replace with Illinois State Plumbing Code. Section 7-211 (7)be deleted and replaced with the following: (7)Delete Section 109.3"Violation Penalties" Section 7-211 (8)be deleted and replaced with the following: (8) Section 111.4, line 5 insert"$50.00"in the less than box in line 5, and 1500.00"in more than box in line 5. Section 7-211 (9)be deleted and replaced with the following: (9) Chapter 45, Reference Standards, Codes, delete references to "IEC-2000" "INTERNATIONAL ELECTRIC CODE. SECTION 7: That Chapter 7 Buildings and Building Regulations Article XVI INTERNATIONAL PROPERTY MAINTENANCE CODE be updated to 2000 Adopted in the City of McHenry Municipal Code, shall be amended as follows: Section 7-225 first paragraph be deleted and replaced with the following: Sec.7-225 The International Property Maintenance Code, 2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the Property Maintenance Code of the City of McHenry, for the control of buildings and structures as herein provided, subject to the following amendments: Section 7-225 (10)be deleted and replaced with the following: (10) In Section 302.7.1 delete "International Building Code" from second line and replace with Section 22-20 of the City of McHenry,Municipal Code". Section 7-225 (11)be deleted and replaced with the following: (11)Delete the following text from Section[F] 303.3 "Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke of 0.5 inch(12.7mm)." Section 7-225 (12)be deleted and replaced with the following: (12)Delete Section 303.3,Line 4,starting with"Address Numbers... to end of section. Section 7-225 (13)be deleted and replaced with the following: (13)In Section 303.14 insert"April 1st to November 15th". Section 7-225 (17)be deleted and replaced with Reserved. Section 7-225 (18)be deleted and replaced with the following: (18)In Chapter 8 REFERENCED STANDARDS: Codes,delete references to IPC-2000 and IEC 2000. SECTION 8: That Chapter 7, Buildings and Building Regulations of the City of McHenry Municipal Code be amended by adding ARTICLE XVIL INTERNATIONAL FUEL GAS CODE 2000 ADOPTED as follows: Section 7-240 The INTERNATIONAL FUEL GAS CODE, 2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the FUEL GAS CODE of the City of McHenry,for the control of buildings and structures as herein provided as follows: (1)Insert"the City of McHenry"in Section 10 1.1 (2) Delete Section 103 (IFGC) in its entirety and replace as follows: "Section 103.1 General. It shall be the duty and responsibility of the Building Officer to enforce the provisions of the Property Maintenance Code.The Building Officer is hereby referred to as the code official'. (3) Delete the provisions of Section 109 (IFGC) MEANS OF APPEAL in its entirety and replace with: "any person aggrieved by any decision of the code official may appeal therefrom to the City Council which may affirm, modify or reverse the decisions of the code official. Thereupon the code official shall take action in accordance with the decisions of the City Council." (4) In IFGC/IFGS Chapter 7 REFERENCED STANDARDS: Codes, delete references to IPC- 2000 and IEC 2000. SECTION 9: That Chapter 7, Buildings and Building Regulations of the City of McHenry Municipal Code be amended by adding ARTICLE XVIII. INTERNATIONAL ENERGY CONSERVATION CODE 2000 ADOPTED as follows: Section 7-250 The INTERNATIONAL ENERGY CONSERVATION CODE,2000 as published by the INTERNATIONAL CODE COUNCIL is hereby adopted as the ENERGY CONSERVATION CODE of the City of McHenry,for the control of buildings and structures as herein provided,subject to the following amendments: (1)Insert"the City of McHenry"in Section 10 1.1 (2)In Chapter 9 REFERENCED STANDARDS:ICC,delete references to IPC-2000 and EC 2000. SECTION 10: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 11: All ordinances or parts thereof in conflict are hereby repealed to the extend of such conflict. SECTION 12: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Passed and Approved this th day of July, 2006. APPROVED: Mayor ATTEST: City Clerk