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HomeMy WebLinkAboutPacket - 09/25/2006 - City Council city of McHenry .r . 333 South Green Street r www.ci.mchenry.il.us McHenry,Illinois 60050-5495 AGENDA Mayor's Office REGULAR CITY COUNCIL MEETING (815) 363-2108 Fax (815) 363-2119 Monday, September 25, 2006, 7:30 P.M. Clerk's Office (815)363-2100 1. Call to Order Fax(815)363-2128 Administration 2. Roll Call (815)363-2108 Fax(815)363-2119 3. Pledge of Allegiance Public Works Community 4. Presentation of Facade Improvement Grant, 1402 North Riverside Drive Development (815)363-2170 5. Proclamation: Staff Recognition and Awareness Month, October 2006 Fax(815)363-2173 Parks and Recreation 6. Public Input Session — 10 Minute Limitation (815)363-2160 Fax(815)363-3186 7. Consent Agenda: A. Request to advertise for bids for Phase I Riverwalk Landscaping; Police Non-Emergency B. Request to advertise for bids for demolition of buildings at 312 S Green Street and (815)363-2200 4312 Lakewood Road; Fax(815)363-2149 C. Request from Landmark School PTO for Annual Harvest Festival Hayride, October 27, 2006; and Mayor D. September 18, 2006 City Council meeting minutes. Susan E.Low 8. Request for transfer of Class F1-3 Liquor License, Khayat Enterprise, Inc., 2350 City Clerk W. Route 120 Janice C.Jones 9. Award of Bid to Temple Display in the amount of $15,860 for holiday lighting at Treasurer David M.Welter Veterans Memorial Park Aldermen 10. Ordinance proposing Establishment of Backup Special Service Area, Patriot Estates Subdivision WARD 1 Victor A. Santi 1 1. Mayor — Statement and Reports WARD 2 Andrew A.Glab 12. Committee Reports WARD 3 13. Staff Reports Jeffrey A. Schaefer WARD 14. Future Agenda Items Steven C.Murgatroyd WARD 5 15. Adjournment Richard W.Wimrrjgbsted and Mailed: September 20, 2006 WARD 6 Robert J.Peterson WARD 7 Geri A.Condon 771�- PRESENTATION <, TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Directo FOR: September 25, 2006,Regular City Council Meeting RE: Presentation of Faeade Improvement Grant to Alberto and Linda Oliverii in the amount of$3,000 for Tuckpointing at the McHenry Trading Company Building, 1402 N.Riverside Drive ATTACHMENTS: 1. Application Packet 2. Picture of Building At their August meeting, the Landmark Commission recommended for approval a facade improvement grant in the amount of$3,000 to the owners of the McHenry Trading Company building, 1402 N. Riverside Drive. Alberto and Linda Oliverii are the owners of the building and they recently had the building tuckpointed. The funds recommended by the Landmark Commission will be used to off-set the cost of this improvement ($11,950). Mr. and Mrs. Oliverii and members of the Landmark Commission will be in attendance for the grant money presentation. CITY OF MCHENRY LANDMARK COMMISSION 1 FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Applicant's name: '( wei y Address: Phone: Evenin . Day — Building Owner's name' Building Owner: , Business Owner: Both: _. Structure name: Address: V,(i -Builder: Date of original Historic Ph and Data to be Include," ell Total Estimated cost of proposed facade work: Attach a copy of three qualified estimates. ` Proposed schedule of work: Mfg ' 1• Starting Date: Completion Date:,�t� Required Attachments: (See criteria) • Drawings and specifications of proposed work • Photographs of the existing facade • Historic photos and data Photographs of adjacent structures Anyappl/catlon without any of the above will notbe considered complete and will not be eligible for cons/deratlon. I have read and understand the criteria Grant. r approval of the McHenry Landmark Commission Facade Improvement r Applicant Signature Date lrn� *ingner Signature Date Page 3 of 3 1/97 L f" Ar ' --.; _ t h,.•. VIEW OF SUBJECT s.7 , .od r� r AUX VIEW OF SUBJECT h^. • 6 Salazar Construction & Maintenance 34256 N. Needlegrass Dn Found Lake, IL 60073 Office: 947-546-6889 or 847-815-9320 Fax: 847-546.6374 CONTRACT Undo dliverii 1,402 N..Rivenide Drive McHenry,IL May 17,2006 Work dc;cription:Tuck-pointing 100%and nocessary tuck-pointing. "Work at=will be kept clean and debris will be removed by the contmetor.'lobe property will be property protected. North sido-The entire wall will be tuck-pointed 100°/a about 5 bricks will be replaced.lobe bottom part arthe buildingg made of stone or rock wilt he tuck-pointed where necessary. Total coat for this section:S3.00.00 Weft side.The entire waft will be tuek-pointed IWIl.The bottom part of the building;made,of stone or rock will be tuck-pointed wherc necessary. Total cost for this sectiom:S2,350.00 SoA side-The entire wall will be tock-pointed I.M.The bottom pact of the building made ofstone or rock will be tuck-poltued whom necessary. Total coat for this section:$3,600.00 East aide-The entire wall will be tuck-pointed 100%C The bottom part of the building made of swot or rock will be tuck-pointed where necessary. Total cost for this section:$2,550.00 Grand total S11,950.00 Work is guaranteed for 2 years 6rom Ike dau.-of completion 'Note:Price does not include permits for the West and South side.(Canopies might be required loot these two sections) This Job was estimated by:portico Salanr Customer signature: +Fry signing this contract yes agree to as the terms aid conditions bti dcL . D/i xrr i 17(om : Parktbet Crs+rj ( SOO a-Z a r j apn �' O s L{7 5 S Q r7 Ar h eubaueo 35( " Z393 �u 5210 " 59 YS Teannl*e 40no-OcK 'SZ)me b ' our CuSto�AC PS, I-P vou need QA *h(u Ise get e �-� e©l%-f�a c f U S Q ���- 573 - 1306 August 20, 2006 LandMark Commission City of McHenry,Illinois To Whom It May Concern: Enclosed please find recent photo taken after Tuckpointing work was complete,July 2006. Work was performed by the Salazar Construction Company and a copy of the invoice is enclosed along with a copy of the cancelled checks for your records. We thank you for considering our request for Grant in the largest amount possible (please?). It is our intention to upgrade all of the windows and doors in keeping with the style of the building AND to replace the awnings. We are aware that the Landmark Commission would not honor a request to a grant for the awnings but we feel that they are key to improving the appearance of the building and a primary comer of the historic downtown McHenry. Your Grant will make it possible for us to have this work done in 2006. Any questions please call. Sincerl Alb liv 1247 Lake Street Libertyville, Illinois 60048 847-73-1150 '3!l94nd SUM euequo3 @3pt1Q4nd el gad-ed5 loe1ppooa m a 900Z 1461jAdoa Winl��5 c Tn c n1R-Pj .: Salazar Construction Maintenance 34256 N. Needlegrass Dr. Round Lak IL.60073 c: office: 847 546-6889 or 847-815-9320 f�' Fax: 847-546-6374 CONTRACT a, 'r� •�:y$t� IirY`' rive M IL b -.'�tf A LI •'1 r• R ��f. 1,j1 y.I.l.Q wu�'• .�. e f.,. -57 eA W _ tioa: :Kk-poning 100%and aetesarytuek-pointing *W will be epr clean and debris will be removW by the wousew.'m4 property will be properly protected. No e-The entire wa11 wilt be tuck-pointed Wle,about 5 bricks will be replaced.The bottom pffli orthe building ma stone .�' or vpll be tack-hointed where necessary. Tota, t for this scciion:$3,450.00 W Ids The entire wall will be tuck- inted 100%.ne•bottom - whet' p° ' Part of the building made of stoat or rock will be tuck-pci To for this section:W50.00 So ide-ne entire wall will be tuck-pointed 10M.The bottom part of the building made of stone or rock will be tuck- w rntcctssry. Tors cro for(ho section:$3,600,00 a Fast Th0 entire wall will be tuck-pointed 1009A The bottom pert of the building made of stone or rock will be tuck-pol ed where. � '• Totaltost for this section:$2,550.00 Y 4 era no total$11,9A00 ly, Work Is guaranteed for 2 yran from the date of eompktion *Note: Ncv does not Include permits for the West and South Aide.(Canopies might be required for tku two Sections) t �! •y This job was estimated by:Ruflao Sahim f ` Customer signature: ^ '.. ktay signing this eoaw^ret you ram to aQ the terms and condo m �- - `*41 - 67 ' J50 t �� F - 641— 513. 1305� f 18/pry R q h' �` � � 4i „± ' � I� `` .. , 1 _ � -- � ` .. �+ � � _ _� , A__ -- �` _ � - . s. '- .n fi kt -_ l,. it i � IF t. .�-t :. _.,.,,.. , ' t � - Proclamation City of McHenry Staff Recognition and Awareness Month October 2006 Whereas, its employees are the City's most valuable asset; and, Whereas, City employees work hard to make the City a great place to live, work and play; and, Whereas, City employees are committed to serving the community and its residents; and, Whereas, City of McHenry Staff Recognition and Awareness Month is an opportunity to increase employee awareness regarding: safety and their own health and well-being, as well as recognize the important role they play in keeping the City functioning on a daily basis; and, Whereas, the City is concerned about the continued health, safety and well-being of its employees; and, Whereas, several events regarding safety and employee awareness will take place during the course of the month, including: fire extinguisher training, National CHARACTER COUNTS! Week, an employee health fair and an employee child car seat inspection day. Now therefore, we do hereby proclaim the month of October 2006 shall be known as: CITY OF MCHENRY STAFF RECOGNITION AND AWARENESS MONTH We urge all employees to participate in "City of McHenry Staff Recognition and Awareness Month" activities, to further educate themselves and create awareness of the importance of safety and health-related issues and to recognize the important role they play in being part of the City of McHenry. Passed and approved this 25t'day of September, 2006. Signed: Mayor ATTEST: City Clerk } �T AGENDA. a The Consent Agenda for the September 25, 2006 City Council meeting consists of the following items: A. Request to advertise for bids for Phase 1 Riverwalk Landscaping; B. Request to advertise for bids for demolition of buildings at 312 S Green Street and 4312 Lakewood Road; C. Request from Landmark School PTO for Annual Harvest Festival Hayride, October 27, 2006; and D. September 18, 2006 City Council meeting minutes. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Management Assistant for Community Relations FOR: September 25, 2006 Regular City Council Meeting RE: Demolition Bids for the House and Barn at 312 S. Green Street and the 4312 Lakewood Road Recommendation. Staff requests authorization to solicit bids for the demolition of two houses, a barn and a silo located at 312 S. Green Street and 4312 Lakewood Road. Background. As the City Council is aware,the city owns the dwelling at 312 S. Green Street near the Wheeler Park Fen across the street from the Municipal Center. This structure,as well as the barn and silo,came with the property when it was acquired from the county several years ago. The useful life of the house has passed. Likewise,the barn is unstable with significant structural issues making the building a liability. The concrete silo also presents a unique exposure to the city as an"attractive hazard"to children and vandals. Additionally, the city recently purchased the home at 4312 Lakewood Road. This house was purchased with the intention of providing space at the entrance of Petersen Park for future use. The demolition of the house also removes an eyesore and provides a buffer for residents when events such as Fiesta Days are located at Petersen Park Beach. Analysis. These structures have been slated for demolition and staff has prepared bid specifications to facilitate this process. The 2006/07 budget includes $60,000 for the Wheeler Fen building demolitions and $25,000 for the Lakewood property. Both projects are funded by park donations. The bid specifications combine the houses together in a single bid in hopes of obtaining a better price. The barn is a separate bid item since there are companies that specialize in the removal and reuse of the barn wood. The silo is also included as a separate item. SPECIFICATIONS Scope of Work: The work consists of systematic demolition and removal of the building and contents of the houses located at 312 S. Green Street and 4312 W. Lakewood Road, in the City of McHenry. McHenry County, Illinois. It is anticipated that demolition will be done expertly and result in no damage to adjacent structures with the end result being a level area with no subsurface void areas and no remaining features of the building to a depth of at least 24-inches, - Definitions: Removal of the building and contents shall be defined as removal of all material associated with a level of 24-inches below surrounding grade. Interpretation: The contractor shall contact the Community Development Director for resolution of any and all questions concerning this project and execution of work. Protection of Premises: The Contractor shall properly protect the Owner's and adjoining property from injury. Any damage to same must be made good without delay. The contractor shall insure all utilities are secure and shall notify JULIE and provide a "dig number" to the Community Development Director prior to commencing work. Permits: Any federal, state, or local permits required are the responsibility of the contractor. A permit for demolition must be secured from the City's Community Development Department, prior to commencing work. The demolition permit fee will be waived. Explosives: The use of any explosive devices will not be considered an acceptable method of demolition. Service Utilities: The Contractor shall arrange for the discontinuance of all utilities that serve the building(s) in accordance with the respective requirements and regulations of the City and the utilities involved. The contractor shall disconnect and properly seal in an approved manner, the sanitary sewer outlet at the sewer main. When exposing and cutting off sanitary service, fill service with a material backing and plug the line with grout. Water service lines shall be disconnected at the water main or if a private well is in place be properly sealed in conformance with the McHenry County Health Department. This work shall include all excavation, pavement removal and subsequent replacement and necessary granular backfill to complete the work. Any charges by the City Water Division for this work shall be included in the bid price. This work will be considered mandatory unless specific instructions are given to the contrary. The cost for this work will not be paid separately but considered incidental to the price bid for the building removal. The Contractor shall keep the Community Development Director informed of such utilities in order that proper inspection can be provided at the time the work is performed. Notice of Demolition: The contractor shall deliver written notice of intent to demolish to the owner of each potentially affected adjoining lot, building or structure at least one week prior to the commencement of work. The notice shall request license to enter the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during its prosecution to inspect and preserve it from any damage which might result from the intended work. Notice shall be given to the Director of Public Works of the City of McHenry 48-hours prior to the closing or partial closing of any public right-of-way, sidewalk, alley, parking space or other public area. Asbestos Removal: Contractor is responsible for the abatement requirements. All the related EPA notices and the 10-day notification of demolition required by the EPA must be sent to the City before demolition. When asbestos abatement is required, confirmation must be provided to the City, by the licensed asbestos abatement contractor, that the abatement has been completed prior to the beginning of any demolition. The licensed State of Illinois Asbestos Abatement Contractor shall remove and dispose of any identified asbestos in accordance with OSHA, EPA, DNR, Federal, State and local requirements. Removal of Debris: All waste material shall be removed in a manner which prevents injury or damage to persons adjoining properties and public right-of-ways. Underground Storage Tanks: In the event that underground storage tank exist within the building to be removed, or on the premises of the same, in accordance with the with the State and City Fire Department regulations, unless otherwise directed by the Community Development Director, they shall be removed and disposed of by the contractor. This work will not be paid for separately, but shall be considered as incidental to the contract and no additional compensation will be allowed. Basement Floors, Foundations and Misc: The bidder shall remove all of the foundation walls, slabs, sidewalks, driveways and parking areas around the structure and fences within the property lines and basement. Also remove all fences and scrub trees within the property lines, remove concrete slabs, foundations and all debris to provide a clean site. Any concrete that is to remain on the site shall be broken into pieces no larger than 12" in any dimension. Backfill Material: Openings, holes or basements shall be filled up to the surrounding ground level with sand, gravel, crushed stone or other material capable of compaction for sub grade and acceptable to the Community Development Department. No debris, foundation walls and footing shall be used as fill material. The entire parcel shall be left in a level, neat, safe and sanitary condition. Salvage Value: The salvage value of the materials obtained from the demolition of the building shall be reflected in the lump sum price for Building Removal as herein specified. General Safety Precaution: All work shall be performed in accordance with International Building Code 2000 ed. Plat of Survey: Plats of Survey of the two affected properties are attached hereto. SPECIFICATIONS Scope of Work: The work consists of systematic demolition and removal of the building and contents of the barn located at 312 S. Green Street, in the City of McHenry. McHenry County, Illinois. It is anticipated that demolition will be done expertly and result in no damage to adjacent structures with the end result being a level area with no subsurface void areas and no remaining features of the building to a depth of at least 24-inches, Definitions: Removal of the building and contents shall be defined as removal of all material associated with a level of 24-inches below surrounding grade. Interpretation: The contractor shall contact the Community Development Director for resolution of any and all questions concerning this project and execution of work. Protection of Premises: The Contractor shall properly protect the Owner's and adjoining property from injury. Any damage to same must be made good without delay. The contractor shall insure all utilities are secure and shall notify JULIE and provide a "dig number" to the Community Development Director prior to commencing work. Permits: Any federal, state, or local permits required are the responsibility of the contractor. A permit for demolition must be secured from the City's Community Development Department, prior to commencing work. The demolition permit fee will be waived. Explosives: The use of any explosive devices will not be considered an acceptable method of demolition. Service Utilities: The Contractor shall arrange for the discontinuance of all utilities that serve the building(s) in accordance with the respective requirements and regulations of the City and the utilities involved. The contractor shall disconnect and properly seal in an approved manner, the sanitary sewer outlet at the sewer main. When exposing and cutting off sanitary service, fill service with a material backing and plug the line with grout. Water service lines shall be disconnected at the water main or if a private well is in place be properly sealed. This work shall include all excavation, pavement removal and subsequent replacement and necessary granular backfill to complete the work. Any charges by the City Water Division for this work shall be included in the bid price. This work will be considered mandatory unless specific instructions are given to the contrary. The cost for this work will not be paid separately but considered incidental to the price bid for the building removal. The Contractor shall keep the Community Development Director informed of such utilities in order that proper inspection can be provided at the time the work is performed. Notice of Demolition: The contractor shall deliver written notice of intent to demolish to the owner of each potentially affected adjoining lot, building or structure at least one week prior to the commencement of work. The notice shall request license to enter the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during its prosecution to inspect and preserve it from any damage which might result from the intended work. Notice shall be given to the Director of Public Works of the City of McHenry 48-hours prior to the closing or partial closing of any public right-of-way, sidewalk, alley, parking space or other public area. Asbestos Removal: Contractor is responsible for the abatement requirements. All the related EPA notices and the 10-day notification of demolition required by the EPA must be sent to the City before demolition. When asbestos abatement is required, confirmation must be provided to the City, by the licensed asbestos abatement contractor, that the abatement has been completed prior to the beginning of any demolition. The licensed State of Illinois Asbestos Abatement Contractor shall remove and dispose of any identified asbestos in accordance with OSHA, EPA, DNR, Federal, State and local requirements. Removal of Debris: All waste material shall be removed in a manner which prevents injury or damage to persons adjoining properties and public right-of-ways. Underground Storage Tanks: In the event that underground storage tank exist within the building to be removed, or on the premises of the same, in accordance with the with the State and City Fire Department regulations, unless otherwise directed by the Community Development Director, they shall be removed and disposed of by the contractor. This work will not be paid for separately, but shall be considered as incidental to the contract and no additional compensation will be allowed. Basement Floors Foundations and Misc• The bidder shall remove all of the foundation walls, slabs, sidewalks, driveways and parking areas around the structure and fences within the property lines and basement. Also remove all fences and scrub trees within the property lines, remove concrete slabs, foundations and all debris to provide a clean site. Any concrete that is to remain on the site shall be broken into pieces no larger than 12" in any dimension. Backfill Material: Openings, holes or basements shall be filled up to the surrounding ground level with sand, gravel, crushed stone or other material capable of compaction for sub grade and acceptable to the Community Development Department. Affected area is to be top dressed with black dirt and seeded. No debris, foundation walls and footing shall be used as fill material. The entire parcel shall be left in a level, neat, safe and sanitary condition. Salvage Value: The salvage value of the materials obtained from the demolition of the building shall be reflected in the lump sum price for Building Removal as herein specified. General Safety Precaution: All work shall be performed in accordance with International Building Code, 2000 Edition. Plat of Survey: Plats of Survey of the two affected properties are attached hereto. *Addendum* - Barn Silo: Bidder is to provide an addendum price for the demolition and removal of the concrete barn silo and its foundation. CONSENT AGENDA MONOMER TO: Mayor and City Council FROM: Bill Hobson, Management Assistant for Community Relations FOR: September 25, 2006, Regular City Council Meeting RE: Landmark School PTO Hayride RECOMMENDATION: To allow the special use of city streets by the Landmark Community Organization for a hayride Friday, October 27, 2006 between 6:30 pm and 8:30 pm on the route listed below. Background The Landmark School's PTO (the Landmark Community Organization), has requested permission to use the city streets for a hayride which will occur during a school function on Friday, October 27, 2006 between 6.30 pm and 8:30 pm. The school is not requesting that the street be closed, just permission to use the streets. This is the fourth annual hayride - staff received no complaints last year. The path which they would like to use is as follows: West on Waukegan leaving Landmark School, turning south on 3rd Street, heading West on Main to Center, heading south on Center to John, east on John to 3rd Street, North on 3rd to Waukegan, and east on Waukegan back to Landmark School. L z o�100rn 300ft e3rf 4 W West Ave �~ l HMiIt. T 5tr»am D+ � =' � Fr and V b" C� Main St Landmark School W Jobn Sf lAa�1 St ti 7 Z � �O� Ccrtecr 0 °09 Cq CO Strut S� c 6N Park Q 2 2 2 releaam Lane Ave bcNcnry Country Club C 2005 hlapQuest com,Inc 02005 NAVTEQ REGULAR MEETING SEPTEMBER 18, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, September 18, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant City Administrator Martin, City Attorney McArdle, Chief of Police O'Meara, City Clerk Jones, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: None. PRESENTATION: RESOLUTION HONORING MTFPD ASSISTANT FIRE CHIEF STEVEN LAING Mayor Low acknowledged and welcomed McHenry Township Fire Protection District representatives: Chief Wayne Amore, Phil Gust, Mike Majercik and Steve Laing. Assistant Fire Chief Laing addressed Council noting the Fire District's great strides and accomplishments during his tenure at the District. He noted he has strived to maintain a good working relationship between the Fire District and the City of McHenry. Assistant Chief Laing thanked the City and recognized the many relationships he has developed with City Staff. He concluded his report noting he intends to retire sometime in October. Mayor Low read into the record a resolution recognizing the numerous contributions and attributes of Assistant Fire Chief Laing and requested a motion from Council passing the resolution. Motion by Condon, seconded by Murgatroyd, to pass and approve a resolution honoring retiring Assistant Fire Chief Steven Laing. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low presented Assistant Fire Chief Laing with the framed resolution and wished him well in his retirement. CONTINUATION OF PUBLIC HEARING: THIRD AMENDMENT TO INLAND BUSINESS PARK ANNEXATION AGREEMENT Mayor Low reconvened the Public Hearing regarding the Third Amendment to Inland Business Park Annexation Agreement at 7:38 p.m. She noted the Hearing was initially scheduled for September 11, 2006 and was recessed to this evening's meeting. In attendance was Mr. Christopher Zock representing the applicant, Cunat Brothers Inc. Mr. Zock addressed Council stating the proposed amendment to the Inland Business Park Annexation Agreement relates to the required burying of existing utility lines along Crystal Lake Road. He noted the burying of the lines would cause an added September 18, 2006 Page 2 expense to the Patriot Estates developer, Cunat Brothers Inc. He also noted Commonwealth Edison has the right to unbury the lines at anytime and re-install them above-ground. The applicant is requesting that portion of the Inland Business Park Annexation Agreement relating to the required burying of the utility lines along Crystal Lake Road be stricken. Responding to Alderman Glab's inquiry, Director of Community Development Napolitano stated Commonwealth Edison can not be compelled by the City to bury cables. Alderman Glab stated if the developer initially agreed to bury the cables, he would be concerned about a precedent being set by waiving the requirement at this time. He expressed concern that other developers might likewise decide not to bury the utility lines as required in their annexation agreement. Director Napolitano stated new utility lines located in the interior of the development would still be buried as required by the Agreement. Alderman Murgatroyd stated he would concur with the applicant's suggestion to move the poles. Alderman Wimmer concurred with the request to strike the language requiring burying the cables along Crystal Lake Road from the Agreement. Director Napolitano responded to Alderman Peterson's request for clarification that only the poles along Crystal Lake Road would be repositioned. Alderman Condon stated her preference that the lines be buried; however, if the lines may be reinstalled above-ground at a later date, they might as well remain above- ground at this time. Alderman Santi concurred with Alderman Wimmer. Alderman Glab stated he feels strongly that the cables should be buried, if possible, to provide for a quality development. If the developer agreed to burying the lines initially, he should be held to that Agreement. Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:56 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to pass an ordinance approving the Third Amendment of the Inland Business Park Annexation Agreement by striking the language in Paragraph 19 requiring the owner to bury the existing utility lines on Crystal Lake Road along the property frontage. Voting Aye: Santi, Murgatroyd, Wimmer, Peterson, Condon. September 18, 2006 Page 3 Voting Nay: Glab, Schaefer. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Schaefer, seconded by Santi, to approve the Consent Agenda as presented: A. Approve request for Special Event Liquor License and waiver of all associated fees for annual Oktoberfest Fund Raiser- St. Patrick Church B. Approve Block Party request: 1. Nannette Mattos, Lakeland Park Subdivision; C. Approve City Council Minutes: 1. September 11, 2006 regularly scheduled meeting; D. Approve List of Bills: A-1 CONCRETE LEVELING 2,147.50 A-MIDWEST BOARD-UP INC 302.00 ABSOLUTE SOUND 340.00 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,100.65 ACME BRICK & SUPPLY CO 1,043.50 ADAMS ENTERPRISES INC, R 6,733.36 ADAMS STEEL SERVICE INC 286.56 ADAMS, CECILIA 70.00 AKF MCHENRY FLYING DRAGO 400.00 ALEXANDER CHEMICAL CORP 2,662.92 ALEXANDER LUMBER CO 238.72 AMERICAN COMMUNITY BANK 30.00 AMERICAN PLANNING ASSOCI 58.00 ANDERSON, BRYAN 400.00 ARAMARK WORK APPAREL & U 455.09 ARMSTRONG, RUTH F 72.00 ARNET, ALICE 28.02 AT&T 5,304.32 AUTO TECH CENTERS INC 217.96 AVONTS, STEVE AND DEBBIE 72.00 B&W CONTROL SYSTEMS INTE 14,751.96 BARTODZIEJ, KATIE 42.71 BASLER, FRANK AND ESTHER 72.00 BASTIAN, THOMAS P 885.00 BAXTER & WOODMAN 31,264.44 BAZAN, MICHAEL 620.00 BEGGS, KEVIN 125.00 BEGSTEN, SANFORD 72.00 BELL, ADAM C 410.00 BENTZ, DON 122.50 BERNHARD, DAVID 350.00 BEUBENNICK, JIM 48.00 BIRK, JOHN 161.71 BOLAND, DANIEL AND GAYLE 48.00 BONCOSKY OIL COMPANY 33,308.20 BONESTROO DEVERY & ASSOC 13,660.99 BOOKER, DONALD AND SUZAN 72.00 BOONE CREEK GOLF CLUB IN 1,190.00 BORO, NANCY J 120.00 BOTTS WELDING & TRUCK SE 130.50 BREMER, CURTIS H 475.00 BROGAN, EVELYN L 48.00 SUCH, DENIS 40.96 BUCHERT, DICK 48.00 BUELLESBACH, BRYAN AND A 48.00 BUENZLI, JAMES J 1,080.00 September 18, 2006 Page 4 BULL VALLEY BP 63.00 BUSS FORD SALES 1,234.83 CARQUEST AUTO PARTS STOR 661.57 CAUTHORN, KYLE 240.06 CDW GOVERNMENT INC 68,720.77 CENTEGRA OCCUPATIONAL ME 426.50 CHAPMAN AND CUTLER 12,000.00 CHEMICAL PUMP SALES AND 1,650.00 CHICAGO INTERNATIONAL TR 829.04 CHRISTINE BAZAN, MAUREEN 340.00 CINQUEGRANI, NICHOLAS L 390.00 CINTAS CORPORATION #355 750.49 CLARKE ENVIRONMENTAL MOS 6,100.00 CLEMENTS, AIMEE 75.00 CLIFFORD-WALD 93.67 CLINGINGSMINTH, JINN AND 72.00 COMED 47,837.00 CONAGHAN, DAVID 48.00 CONAGHAN, DOUGLAS 48.00 CONDON, CRAIG AND BETH 72.00 CONNEY SAFETY PRODUCTS 52.07 CONSERV FS 359.50 CRAMER, SHEILA AND JUSTI 72.00 CRESCENT ELECTRIC SUPPLY 83.59 CREUTZ, RONALD W 48.00 CROW, ALFRED AND MARY 96.00 CRYSTAL MANOR STABLE 1,330.00 CUMMINGS, JOHN G 410.00 CURLEY, ELIZABETH I 48.00 CURRAN CONTRACTING COMPA 2,244.43 CUSTOM LANDSCAPING 3,520.00 CUTTING EDGE COMMUNICATI 1,050.00 CZARNOTA, TAMES 48.00 D'ANGELO NATURAL SPRING 50.75 D'ANGELO, NICK 100.00 DECKER SUPPLY CO INC 1,454.55 DELISI, PHIL 48.00 DELL MARKETING LP 1,379.54 DILLON, JOHN 437.00 DIXON ENGINEERING INC 550.00 DK CONTRACTORS INC 26,151.30 DOBNER, KELLY 95.00 DOCUMENT IMAGING DIMENSI 4,037.00 DORAN, TERRANCE P 48.00 DOUD, GARY AND BEN AND C 96.00 ECKEL, MIKE 170.00 ED'S AUTOMOTIVE/JIM'S MU 25.00 ED'S RENTAL 6 SALES INC 303.99 EJ EQUIPMENT 1,125.03 EMERY, JAMES AND BARBARA 48.00 FEDEX 57.52 FISCHER BROS FRESH 4,000.29 FLESCH COMPANY INC, GORD 135.21 FLODEN, CHARLES AND SUE 66.00 FOX VALLEY CHEMICAL CO 31.00 FOXCROFT MEADOWS INC 1,593.74 FRANKLIN, JAMES B 432.00 FREUND, BOB 30.00 FREUND, CAROL 48.00 FREUND, DAVID AND NANCY 48.00 FREUND, ROBERT L 1,200.00 FRY, ROBERT J 78.00 G IMPRESSIONS INC 35.00 GALLAGHER RISK MANAGEMEN 29.00 GALLS INCORPORATED 80_97 GARDNER, F. PHILIP 48.00 GASPER, WARREN AND DONNA 72.00 GEIGER, ROBERT 14.00 GERLACH, LORIE 165.00 GITZKE, WILLIAM 497.50 GLICK, DEBBIE AND RANDY 72.00 GOLBECK, HELEN 48.00 GOLBECK, RICHARD F 48.00 GOLD MEDAL PRODUCTS 204.15 GREAT LAKES FIRE 6 SA£ET 63.90 GROSZKIEWICZ, PAUL A 48.00 GROUP SALES UNLIMITED 1,414.00 September 18, 2006 Page 5 HAASE, MIKE 750.00 HACKNEY, GARY 12.00 HAINES & COMPANY INC 1,372.00 HALOGEN SUPPLY COMPANY 108.31 HARM'S FARM 60.61 HARRINGTON, CAROL 48.00 HARRINGTON, JENNIFER 48.00 HART, THOMAS 48.00 HAYDEN LANDSCAPING & MAI 13,250.00 HAYES, MICHAEL 48.00 HERTEL, ANJA 48.00 HILTON SPRINGFIELD 407.00 HOKLAS, THOMAS J 48.00 HOLAS, ROBERT 48.00 HOLAS, SHARES 48.00 HOSKINS ASSOCIATES INC 30.00 HUTCHINGS, BYRON P 23.00 ICC 810.25 ILLINOIS APA 270.00 ILLINOIS MUNICIPAL LEAGU 140.00 IN TIME SOLUTIONS INC 629.00 INNOVATIVE PACKAGING INC 50.36 INTEGRA BUSINESS SYSTEMS 62.40 INTERSTATE BATTERY SYSTE 495.80 INTOXIMETERS 120.00 JACYNA, TIMOTHY 36.00 JOHNSON, SEAN 41.92 JOHNSON, WES AND DEBRA 63.00 JULIE INC 378.80 JWASNIEWSKI, REBECCA 17.00 JWC ENVIRONMENTAL 93,591.00 KALE UNIFORMS INC 492.55 KELLEY, KATHLEEN J 48.00 KELLY, RYAN 465.00 KENO & SONS CONSTRUCTION 219,429,00 KIEFER & ASSOC, ADOLPH 99.13 KIMBALL MIDWEST 972.81 KMART/SEARS GRAND 30.00 KNAUF, MIKE 340.00 KORZCYK, FRANK 48.00 KOTIW, DAVE AND SHERRI 72.00 KRUEGER, LYLE A 48.00 KUHL, JOHN 125.00 KUNZER, KENNETH 72.00 LANDMARKS PRESERVATION 40.00 LANG CHEVROLET INC, GARY 1,255.36 LANG, JAMES 48.00 LANGE, MICHAEL 36.19 LAROSITA 30.00 LAZALDE, GERALD 48.00 LEACH ENTERPRISES INC 209.29 LEONARDI'S FOOD SPECIALT 352.45 LIBERTY FLAG & SPECIALTY 351.15 LIES, SCOTT 90.00 LOCKER'S FLOWERS 92.00 LOFGREN, GREGORY 48.00 LUDES, CHERYL A 48.00 LUNDHOLM, KARL 180.00 LUNKENHEIMER, BOB AND PA 60.00 LUNKENHEIMER, PATTIE 208.08 MAD SCIENCE OF MCHENRY C 160.00 MARATHON TOWING 20.00 MARCHEWKI, MIKE 365.00 MARTIN, SHARON E 48.00 MARTORANO, JACQUELINE AN 48.00 MARYS FLOWERS & GIFTS 82.00 MAYFAIR CARPETS & FURNIT 83.45 MAZRINI, LORI AND MIKE 72.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 79.81 MCCARTHY, THOMAS M 1,076.20 MCH CTY MUNICIPAL RISK M 256,849.00 MCHENRY ANALYTICAL WATER 2,970.00 MCHENRY COMMUNITY HIGH S 14,694.00 MCHENRY COMMUNITY SCHOOL 20,231.00 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COLLEGE 211.00 September 18, 2006 Page 6 MCHENRY COUNTY COUNCIL 0 6,768.00 MCHENRY COUNTY GLASS & M 68.33 MCHENRY COUNTY ORTHOPAED 1,120.00 MCHENRY COUNTY RECORDER 79.50 MCHENRY COUNTY SUPPLY IN 1,677.90 MCHENRY FIRESTONE 194.28 MCHENRY NAPA 1,599.43 MCHENRY POLICE PENSION F 11,185.17 MCHENRY PUBLIC LIBRARY 1,191.00 MCHENRY SPECIALTIES 29.00 MCHENRY STORAGE, THE 885.00 MCHENRY TOWNSHIP FIRE PR 492.00 MCHENRY WATER/SEWER FUND 48.70 MCNEELY, TOM 410.00 MEADE ELECTRIC COMPANY I 475.15 MEI-PARK VIEW PLAZA 260.00 MEIJER FOODS 30.00 MEYER JR, DONALD 504.00 MEYER MATERIAL COMPANY 502.33 MEYERS, JIM AND MARYLYN 48.00 MICELI, THOMAS 20.00 MIDCO 1,072.34 MIDWEST HOSE AND FITTING 26.11 MILBRATZ JR, WILLIAM E 72.00 MILLER MONUMENT COMPANY 44.39 MINUTEMAN PRESS OF MCH 2,624.33 MOORE• KEVIN 196.00 MORAINE EMERGENCY PHYSIC 281.00 MORALES, RYAN 410.00 MORRIE AND SONS INC 204.25 MOTOROLA 1,672.00 MOY, SHARON H 72.00 MTS SAFETY PRODUCTS INC 61.06 MUSANTI, AILEEN 8.00 NATIONAL RECREATION AND 49.95 NET SPECIALISTS INC 356.31 NICOR GAS 768.82 NORMAN, DAVID 37.78 NORTH AMERICAN - DIY PRO 87.80 NORTH EAST MULTI-REGIONA 35.00 NORTHWEST AUTO ELECTRIC 90.00 NORTHWEST ELECTRICAL SUP 293.30 NORTHWEST NEWS GROUP OF 989.90 NWBOCA 45.00 OLIVER, JUANITA 350.00 OLSEN SAFETY EQUIPMENT C 71.01 OLSEN, KEVIN J 68.50 OTTOSEN BRITZ KELLY COOP 1,744.50 PACE 10,618.96 PAPROCKI, DAN AND KRISTI 96.00 PAPROCKI, KRISTINE 78.10 PARISI, JOSEPH AND LINDA 72.00 PARK & RECREATION SUPPLY 13,827.00 PAYLINE WEST INC 149.42 PEPSI-COLA GENL BOT 863.65 PETRAS, JEFFREY J 95.00 PICCONY, NANCI 48.00 PLINER, DAVID AND KELLY 18.00 POE, DAVE 410.00 POHLMAN, JAMES AND JODY 96.00 POLLACK HACKNEY, CAROLYN 14.00 POLLOCK, MARY F 48.00 POMIJE, JANE 195.00 PORTER LEE CORPORATION 121.00 PRECISION SERVICE & PART 517.98 QUICK, .KATHLEEN L. 72.00 QUILL CORPORATION 52.53 R & S DISTRIBUTORS INC 574.90 RABINE RESIDENTIAL 3,516.00 RADIOSHACK CORPORATION 54.98 RAYCRAFT-PITEL SEPTIC IN 525.00 REICHE'S PLUMBING SEWER 165.00 REID, MICHAEL 48.00 RELIABLE SAND & GRAVEL 37.84 RESERVE ACCOUNT 1,500.00 RHODES, DONALD E 410.00 RIDGEVIEW ELECTRIC INC 1,953.00 September 18, 2006 Page 7 RINGK60D BP 36.00 RIVERSIDE BAKE SHOP 216.49 ROBERTS, PATTI J 544.00 ROWE, HERBERT W 3,875.00 ROYCE, KENNETH 48.00 RUSHING, RHONDA 45.00 RUSHING, RHONDA F LANG- 216.76 RYBA, RON 98.11 S-F ANALYTICAL LABORATOR 65.00 SAMPSON, SCOTT 310.00 SANIT, VICTOR 96.00 SAUBER MFG CO 541.00 SBC LONG DISTANCE 47.53 SCHAER, CONNIE 48.00 SCHEEL, BRYAN 25.55 SETTLERS HILL RDF 14,847.34 SEXTON, ERIC M 69.43 SHABOSKY, DONNA AND BRUC 48.00 SHAY, DARREN 240.00 SHERMAN MECHANICAL INC 50,885.39 SHERWIN INDUSTRIES INC 1,047.00 SHOWENS, LINDA AND RALEI 48.00 SINGER, TARA 70.00 SIX FLAGS GREAT AMERICA 1,366.00 SMITH ENGINEERING CONSUL 146,457.00 SMITH, JAMES P 72.00 SMITH, RICHARD L 48.00 SMITH, WILLIAM AND JOANN 72.00 SOLUTIONS WIRELESS 92.97 SPARKS, CHRISTINE 36.00 SPROULL, THOMAS 48.00 ST PAULS EPISCOPAL CHURC 921.25 STANS OFFICE TECHNOLOGIE 1,123.29 STAPLES BUSINESS ADVANTA 1,308.45 STEIN, KEN 60.00 STERNER, DAVID 70.00 STULL, RICH 33.62 SWIFT CO INC, JOHN S 7,451.50 TACKABERRY, SEAN AND JAC 72.00 TAYLOR STREET PIZZA 100.00 TAYLOR, PENNY 48.00 TECHDEPOT 720.14 THOMAS PUMP COMPANY INC 33,790.00 THOMAS TRUCKING INC, KEN 460.00 THOMPSON ELEVATOR INSPEC 269.00 THREE D DESIGN STUDIO LL 865.18 TILLING, AARON AND CARIE 48.00 TIPPS, GREG 320.00 TOALSON, BILL 170.00 TOM'S PERSONAL' SERVICE I 96.00 TOT, ZVONIMIR 240.00 TRAFFIC CONTROL 6 PROTEC 2,663.14 TRAFFIC CONTROL CORPORAT 14,400.00 TRIEFENBACK, GORDEN 340.00 TROJAN, DENNIS 48.00 TROST, SHELLY 61.06 TRYBULA, JOE AND TINA 48.00 TURF PROFESSIONALS EQUIP 724.56 UHL, STEPHEN 48.00 ULANOWSKI, MARK 1,100.00 UNGLES, JOHN AND ALICE 72.00 UNITED LABORATORIES 249.38 UNIVERSITY OF ILLINOIS 8,236.06 USA BLUEBOOK 653.47 VALLEY, RITA 48.00 VAN KANEGAN, TOM 180.00 VAN LIERE, GEORGE 48.00 VENEZIANO, ANN MARIE 12.00 VIKING CHEMICAL COMPANY 5,007.54 VLCEK, PEGGY 123.17 WALMART 30.00 WAPOTISH, JILL 48.00 WATER PRODUCTS- AURORA 2,086.36 WATER SOLUTIONS UNLIMITE 2,860.00 WEGNER, WILLIAM P 48.00 WELCH BROS INC 136.50 WELSH, RAYMOND J 12.00 September 18, 2006 Page 8 WHOLESALE DIRECT INC 64.59 WIGMAN, GARY R 130.46 WILLIAMS BROTHERS CONSTR 69,487.30 WILLIAMS ELECTRIC SERVIC 6,922,74 WILLIAMS, BARBARA E 48.00 WIRTZ, PAT 73.50 WONDRA, NICK 350.00 XENCOM 24.00 ZALEWSKI, CHRIS 72.00 ZEP MANUFACTURING COMPAN 255.04 ZIMMERMAN, GLORIA 48.00 ZMT INC 2,774.00 ZUKOWSKI ROGERS FLOOD S 6,950.00 ZUMSKI, GARY 1 48.00 GRAND TOTALS 1,434,083.76 FUND TOTALS GENERAL FUND 327,031.18 PAGEANT FUND 46.00 BAND FUND 8,600.00 ANNEXATION FUND 43,578.00 DEVELOPER DONATION FUND 27,016.48 TIF FUND 12,190.03 CAPITAL IMPROVEMENTS FUND 54,099.82 WATER/SEWER FUND 114,503.24 UTILITY IMPROVEMENTS FUND 485,397.48 RISK MANAGEMENT FUND 257,225.75 INFORMATION TECHNOLOGY FUND 53,443.35 RETAINED PERSONNEL ESCROW 50,952.43 TOTALS 1,434,083.76 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE—GRETCHEN THOMAS, 3804 MAIN STREET Director Napolitano stated property owner Gretchen Thomas of 3804 Main Street has requested a fence variance to allow the installation of a four-foot high white picket fence with an arbor along the Main Street property line. Ms. Thomas noted in her request the historical nature of her home and provided Staff with a photo depicting the residence in the early 1900's. The photo shows a white picket fence existed on the property at that time. Director Napolitano noted the installation of the fence would not impede sight lines and Staff supports the requested variance. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a fence variance as requested by Gretchen Thomas for her property located at 3804 Main Street, to allow a four-foot high white picket fence to be installed along the Main Street property line. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES GRANTING APPROVAL OF ANNEXATION AND ZONING MAP AMENDMENT 3012 WEST LINCOLN ROAD Director Napolitano stated Applicant Edna Paddock of 3012 West Lincoln Road has requested connection to City sanitary sewer system. Because the property is contiguous September 18, 2006 Page 9 to the City limits, City policy requires annexation to the City of McHenry. The applicant has submitted an application to annex at this time. Director Napolitano stated the Planning and Zoning Commission, at a Public Hearing held on August 17, 2006, unanimously recommended a zoning map amendment to RS-4 High Density Single-Family District upon annexation to the City. Motion by Wimmer, seconded by Santi, to pass and approve an ordinance annexing the property located at 3012 West Lincoln Road to the City. Voting Aye: Santi, Glab. Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance granting a map amendment to RS-4 High Density Single-Family Residential District to the property located at 3012 West Lincoln Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer; Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. LICENSE AGREEMENT VARIANCES AND CONDITIONAL USE PERMIT IN _CONJUNCTION WITH A RESTAURANT—921 NORTH FRONT STREET Mayor Low announced the agenda item proposing a license agreement, variances and conditional use permit in conjunction with a restaurant at 921 North Front Street has been pulled from consideration at this evening's meeting at the request of the appli6ant. ORDINANCE GRANTING APPROVAL FINAL PLAT OF SUBDIVISION — SHAMROCK FARMS (LEGEND LAKES) NEIGHBORHOOD 6 In attendance was Scott Viger representing the applicant, Kimball Hill Homes. Director Napolitano stated following last week's Council meeting, questions had been raised as to the pros and cons of having a collector road along the east boundary of Neighborhood 6 of Legend Lakes Subdivision. Director Napolitano noted Staff had since created two exhibits: Option A - showing the collector road east of the neighborhood; Option B -without a collector road shown east of the neighborhood. Responding to an inquiry from Alderman $anti, City Engineer Robert Wegener stated that speed limits are consistent within the subdivision at 30 mph. City Engineer Wegener noted Staff suggested the proposed neighborhood layout without the collector road to improve traffic flow through the subdivision. Alderman Glab suggested complete elimination of access onto Bull Valley Road. September 18, 2006 Page 10 City Administrator Maxeiner noted that topic has been brought up in previous traffic discussions. Alderman Schaefer stated if the possibility exists to eliminate access onto Bull Valley Road, he would consider it. He expressed concerns regarding the volume of traffic accessing onto Bull Valley Road. If agreeable to the McHenry Township Fire Protection District and the Police Department, Alderman Murgatroyd noted he would prefer the elimination of the access onto Bull Valley Road,. He stated he would support Option B with the ultimate elimination of Bull Valley Road access. Alderman Wimmer concurred with Alderman Murgatroyd. Alderman Peterson inquired as to the number of homes being constructed in Neighborhood 5. Mr. Viger responded there are 86 homes in that neighborhood. Alderman Peterson stated he would support Option B with the elimination of Bull Valley Road access. Alderman Condon stated she does not have an issue with cut-thru traffic. Taxpayers should 66 allowed to drive on any road they choose. Alderman Condom sees the value in Option A, and also noted she does not have an issue with Option B. She could support either option. Alderman Glab suggested the collector road be reconfigured rather than removed. Alderman Condon inquired which option was supported by Staff. Director Napolitano responded Staff supports Option B. Alderman Santi stated at this point, following this evening's discussion, he supports Option B with a right-in, right-out off Bull Valley Road, following discussion with Gerstad Builders and the layout of their Preserves of Boone Creek development. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance approving the Shamrock Farm (Legend Lakes) Subdivision Neighborhood 6 Final Plat as prepared by Manhard Consulting with a revision date of August 23, 2006 utilizing Option B, subject to the following: 1. Approval of final engineering by the City Engineer; and 2. Plat being recorded within six months of Council approval. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. AWARD OF BID FOR IMPROVEMENTS TO WHISPERING OAKS WALKING PATHS GREG GREENHILL CONSTRUCTION COMPANY, IN AN AMOUNT NOT TQ EXCEED 59 000 Director of Public Works Marcinko stated Council at its July 10, 2006 regularly September 18, 2006 Page 11 scheduled meeting authorized the advertisement for bids for the Whispering Oaks Walking Path improvements. Bid specifications were prepared and bids were sought and opened on August 29, 2006. The lowest responsible bidder was Greg Greenhill Construction Company of Ringwood, Illinois, in the amount of $59,000. Staff recommends award of bid for this project to the low bidder. Motion by Glab, seconded by Murgatroyd, to accept Staffs recommendation to award the bid for the Whispering Oaks Walking Path Improvements to Greg Greenhill Construction Company of Ringwood, Illinois in an amount not-to-exceed $59,000. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low reminded Council of the Mass of Thanksgiving scheduled for 9 a.m. at Church of Holy Apostles on Sunday, September 24, 2006.. COMMITTEE REPORTS Public Works Committee Chairman Alderman Wimmer reported a Committee meeting was held this evening before the Council meeting. Minutes will be forthcoming. Finance and Personnel Committee Chairman Alderman Murgatroyd announced a Committee meeting has been scheduled for Monday, September 25, 2006 in the Aldermen's Conference Room at 6:30 p.m. STAFF REPORTS City Administrator Maxeiner announced Riverwalk construction will begin this week near the Riverwalk Townhome development. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. EXECUTIVE SESSION: COLLECTIVE BARGAINING Motion by Santi, seconded by Wimmer, to go into Executive Session to discuss Collective Bargaining at 8:34 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:44 p.m. September 18, 2006 Page 12 p.m. Motion by Wimmer, seconded by Condon, to go back into Open Session at 8:59 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Open Session at 8:59 p.m. OPEN SESSION Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to approve a pay plan adjustment for the non-contractual sworn officers, adjusting one grade upward and to make adjustments retroactive to May 1, 2005. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:00 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:00 p.m. MAYOR CITY CLERK AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Management Assistant for Community Relations FOR: September 25, 2006 Regular City Council Meeting RE: Award of Bid for Holiday Tree Lighting in Veterans Memorial Park RECOMMENDATION: To accept the low bid of$15,860 and award the contract for holiday lighting of trees in Veterans Memorial Park to Temple Display. BACKGROUND: Last year the city hired a professional contractor to install holiday lighting in a number of trees throughout Veteran's Memorial Park. The goal of installing lights in the park was part of an overall strategy to promote the downtown area and to attract residents to the area during the holiday season. The lights were well received by residents, many of which called the city to express their gratitude. Due to the success of the program in the 2005-2006 season, $23,000 was included in the '06207 budget and staff put together specifications to competitively bid the project for the 2006-2007 season. Those bids were received and opened this week. There were two bids for the project: Company City Quote Temple Display Oswego,IL $15,860 Four Seasons Display McHenry, IL $17,700 Temple Display,who also has provided the city with CHARACTER COUNTS! banners,is the low bidder. The project is scheduled to be completed by Saturday,November 18,2006, in preparation for the Downtown Christmas Walk and Annual Toys for Tots Parade scheduled fro Sunday, November 19,2006. At that time,there will also be a brief lighting ceremony to turn on the lights for the season. In addition,the contract includes maintenance throughout the season and removal of the lights at the end of the season,identified as Saturday,February 10, 2007. Attachment: Bid Opening Form—9/19/06 In attendancewere: BID OPENING Tuesday, September 19, 2006 Aldermen Conference Room 11:00 A.M. Administration—Vets Park Holiday Lighting Estimated cost: $ NAME BID BID BOND COMMENTS ,of r) D- F60 r_ z MEW TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: September 25, 2005 Regular City Council Meeting RE: Request for Transfer of Class F1-3 Liquor License Recommendation: To approve a request to transfer Class 171-3 Liquor License from Khayat Enterprise, Inc. d/b/a Fatman Liquors located at 2350 West Route 120. The owners of Toolland & Liquors notified Mayor Low that they are selling their business located at 2350 West Route 120. Chris Khayat, President of Khayat Enterprise, Inc. is purchasing the business and has requested the transfer of the Class F1-3 liquor license. Mr. Khayat currently holds a Class A liquor license for a restaurant located at 2314 West Route 120 scheduled to open in November. Chris Khayat and the manager of the store have been fingerprinted by the McHenry Police Department and all requirements for the transfer have been met. It is the Mayor's recommendation to approve the transfer of the Class F1-3 liquor license to Khayat Enterprise, Inc. d/b/a Fatman Tavern subject to the receipt of satisfactory fingerprint results and with the condition that all employees involved in the sale of alcohol at Fatman Liquors attend BASSETT training. mmg ' CITY OF MCHENRY License No. APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received CITY OF MCHENRY LIQUOR CONTROL Date Effective ORDINANCE Receipt Issued On TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. S P — t U01 Cashier's Chk. CITY OF McHENRY } ALL LICENSES EXPIRE APRIL 30 Cert.Check AC�t�A1NISTRATION „ � FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE NO.:Khayat Enterprise/DBA Fatman Liquors 2350 W. Rte. 120 McHenry, IL 60050 1. Please indicate form of ownership:CORPORATION X - PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: 2. Corporation Name.. Khavat Enterprise Inc. Corporate Address: P. 0. Box 370 Wadsworth, IL 60083 Corporate Phone Number. 847-855-9585 3. State of Incorporation: Illinois 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number. 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: 6. Applicant's Full Name: Social Security No.: Date of Birth: Residence Address: 7. Home Phone: Business Phone: 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest (B)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent: Chris Khayat 36938 Kimberwick Ln. Wadsworth, IL 60083 Twyla Khavat 36938 Kimberwick Ln. Wadsworth, IL 60083 04/2004 PAGE TWO 10. • (A)If Applicant and Local Manager r t the s me,gi a ama,address and tele hone nu be ff Local Manager. Elliott Khayal 3 i�3�� Kim�erw c�t Ln. Wadswor , , IL �C B)Local Manager's: Date of Birth: 1/06/83 Place of Birth: Illinois Citizen of U.S.?Yes 11. (A)Principal Type of Business: Liquor Retail 12. (B)What is current zoning for this property? Commercial Zoning 13. Type of License Sought: Liquor License tftas-s- 14. Date on which business was begun at this location: N/A 15. Does applicant own premises for which license is sought? yes If not,state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital, home for aged or indigent persons or for veterans and their families or any military or naval station?No A. If answer-to the above is'"YEa',is the applicants place of business a hotel offering restaurant service,a regularly organized club,a food shop or other place where the sale of liquor is to the principal business? . If yes,how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail,list address of all locations(may attach supplemental sheet). 19. Give applicant's Retailer's Occupational tax(ROT)Registration Number. #2014-9735 20. Are you delinquent in the payment of the Retailer's Occupational Tax(Sales Tax),and if so,the reasons therefore:No 21. If this application is for a new license or a transferred license,attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. 22, State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. Leech Bridges 1717 Lewis Ave. Zion, IL 60099 23. Describe parking facilities available to the business: Asphalt, spots 24. Are you familiar with all the laws of the United States,State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor,and will you abide by them? Yes 25. Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes 27. Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? No If answer is "YES",give particulars: a 28.Have you, or in the case of a corporation,the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership, any of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? No answer is"YES",explain: 29.Have you, or in the case of a corporation,the owners of 5%or more shares of the corporation and the local manager,or in the case of a partnership,any of the partners,ever been convicted of either a felony or a misdemeanor? No If so,please describe: 30.Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor, alderman,and member of any City commission,committee or board)? No If so,please state name and address of such person: 04/2004 rr+vC �nKtt 31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation,list same information for each partner and the local manager—(please attach). 32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more shares of the corporation and the local manager)? No If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal govemment for the current tax period? If a Corporation,has any officer,manager,or director thereof,or,any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? No 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes . 35. Have you,or any partner,or owner of 5%or more shares of the corporation or local ll manager,ever had a liquor license revoked or suspended? 36. If so,give all details,including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Jllinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided,outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta.Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or(b) alcoholic beverages in non-original containers,such as plastic cups. Only original containers;such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code;to take place on the licensed premises or on,about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise.constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed ' premises. I i I 04/2004 #31. Khayat Tavern Group/ DBA Fatman Inn 36309 N. Rt 41 Gurnee, I1 60031 Inlaws Restaurant 720 S Milwaukee Rd Gurnee, IL 60031 D'Laniey's Inc./DBA Rockland Fatman Tavern 525 Rockland Rd Lake Bluff, IL 60044 The Fatman Bowl 13860 W. Rockland Rd Green Oaks, IL 60044 Khayat Entertainment Inc./DBA Half Day Inn 1270 S. Milwaukee Ave Vernon Hills, IL 60061 I I PAGFOUR AFFIDAVIT STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) 1,the undersigned,being first duly sworn,deposes and says that 1(we),have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this day of .20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature. Print Name Title Subscribed and sworn to before me this day of .20 NOTARY PUBLIC CORPORATI (Authorised ent of the Corp ion A.N '�-- OfE SEA(. Print Nam CWISSY DUPDR NOTARY PUBLIC•STATE OF O.UN= Title f MY COMh4$SION E)94W.08Wj0 Subscribed and sworn to before me this c3 - deye LA S+ 20Q�. NOTARY PUBLI MANAGER: wnAr OFFICIAL SEAL CHRISSY DUPOR NOTARY PUBLIC•STATE OF LLINOIS Signature of Local Manager MY --------------------- COMNNSSION EXPIRESAWO Sub's�c'band sworn to befo ie this ` day Iti 20 . NOTARY PUBLIC 04/2004 s AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P. Napolitano, Community Development Directo FOR: September 25, 2006 Regular City Council Meeting RE: Approval of an Ordinance Proposing the Establishment of a Back-Up Special Service Area for the Patriot Estates Subdivision, East Side Crystal Lake Road Applicant: Cunat,Inc. ATTACHMENT: Ordinance Proposing the Establishment of a Back-Up Special Service Area#9 for the Patriot Estates Subdivision STAFF RECOMMENDATION: To approve the attached ordinance proposing the establishment of a Back-Up Special Service Area for the Patriot Estates Subdivision and establishing a public hearing daze of November 6, 2006. Background The Patriot Estates Annexation Agreement Amendment requires that the developer establish a back-up special service area (SSA) to provide a back-up method of financing for the continued maintenance of common areas, including the detention pond, fencing and landscaping in the event the Homeowner's Association fails to maintain these areas. The first step is for the City to adopt an ordinance proposing the establishment of the SSA. Within 60 days after adoption of this ordinance, a public hearing must be held to adopt the SSA. The attached ordinance specifies a date of November 6, 2006 for the public hearing, which will allow adequate time for the applicant to meet necessary notification requirements. As this is a requirement of the Annexation Agreement, Staff would recommend approval of the attached ordinance. ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF BACKUP SPECIAL SERVICE AREA#9 IN THE CITY OF MCHENRY,ILLINOIS,AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA IF THE HOMEOWNERS ASSOCIATION FAILS TO PROVIDE SAID SERVICES WHEREAS, special service areas are established pursuant to Part(6)of Section 7 of Article VII of the 1970 Constitution of the State of Illinois,which provides: Counties and municipalities which are not home rule units shall have only powers granted to them by law and the powers...(6)to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services; and WHEREAS special service areas are established pursuant to the provisions of the "Special Service Area Tax Law", 35 ILCS 200/27-35,as amended, and pursuant to the Revenue Act of 1939 of the State of Illinois, as amended; and WHEREAS, it is in the public interest that the establishment of the area hereinafter described as a backup special service area for the purpose set forth herein be considered(the"Area"); and WHEREAS,the Area is compact and contiguous and is totally within the corporate limits of the City of McHenry, McHenry County, Illinois (the"City"); and WHEREAS,Cunat, Inc. (the"Developer")will develop land, called the Patriot Estates Subdivision, which has been annexed to the City,which said subdivision is located at: THE EAST SIDE OF CRYSTAL LAKE ROAD AND IMMEDIATELY SOUTH OF THE CHURCH OF HOLY APOSTLES IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, the property is legally described as in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Developer will develop single-family homes, duplexes, townhomes, open space areas, landscaping and other amenities as set forth in the Second Amendment to the Annexation Agreement and the Declaration of Covenants for the Patriot Estates Subdivision("Declaration"), and WHEREAS,the Declaration establishes that the Patriot Estates Association("Association")is responsible for the cost and expense of maintaining the Community Areas as defined in the Declaration("Community Areas"), and the Landscaping as defined in the Landscape Plan; and WHEREAS, the future costs of maintenance of the Community Areas, and the Landscaping in accordance with the Landscape Plan are special services which may lawfully be paid from additional taxes upon the area; and 1 WHEREAS, the City intends that the Community Areas and the Landscaping be maintained in good working order and in accordance with the Landscape Plan, subject to the availability of sufficient funds from the Taxes (as hereinafter defined); and WHEREAS, the City intends that a portion of the Taxes (as hereinafter defined)be set aside as a reserve fund as a backup method of financing for the purpose of renewing, replacing, rehabilitating, reconfiguring and improving the Community Area, and the Landscaping in accordance with the Landscape Plan in the event that the Association fails to maintain said areas; and WHEREAS, the Area will benefit specifically from the municipal services to be provided(the "Services")and the Services are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best interests of the City that the establishment of the Area be considered; and WHEREAS, it is in the public interest that taxes be levied by the City at a rate or amount of tax sufficient to provide revenues required for the purpose of paying the cost of providing the Services (the"Taxes"); and WHEREAS, an annual tax shall be levied upon all taxable property within the Area from time to time, as determined by the Mayor and City Council, in an amount to be determined, of the value as equalized or assessed by the McHenry County Assessor's Office of all taxable property in the Area, in addition to all other taxes permitted by law. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL of the City of McHenry, McHenry County, Illinois, as follows: Section 1. That the preambles of this Ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held at 7:30 o'clock P.M. on the 61h day of November 2006, at the City Hall,McHenry, Illinois, (the"Hearing"), to consider the establishment of the Area and for the purpose of providing the Services described in the Notice of Public Hearing set forth in Section 8 hereof(the "Notice")and to consider the tax levy described in the Notice. Section 3. That notice of the Hearing shall be given by publication and mailing. Notice by publication shall be given at least once, not less than 15 days prior to the Hearing on November 6, 2006, in the Northwest Herald, the same being a newspaper of general circulation within the City. Notice by mailing shall be given by depositing the Notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. The Notice shall be mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. Section 4. That the Notice shall be in substantially the following form: 2 NOTICE OF PUBLIC HEARING CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS SPECIAL SERVICE AREA NUMBER 9 NOTICE IS HEREBY GIVEN that on November 6, 2006 at 7:30 o'clock P.M. at the City Hall, 333 S.Green Street, McHenry, Illinois 60050, a hearing will be held by the Mayor and City Council of the City of McHenry,McHenry County, Illinois, to consider the establishment of Special Service Area Number 9 of said City consisting of the territory legally described in Exhibit A. The Area is the above-described real estate, which is generally located: THE EAST SIDE OF CRYSTAL LAKE ROAD AND IMMEDIATELY SOUTH OF THE CHURCH OF THE HOLY APOSTLES IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS An accurate map of said territory is on file in the office of the City Clerk of said City and is available for public inspection. The purpose of the establishment of said Special Service Area Number 9 is to provide a backup method of financing special services to said Special Service Area, including all costs of operation, upkeep, maintenance, repair, replacement, alteration, safekeeping and improvement of the Community Areas, and the Landscaping in accordance with the Landscape Plan the event the Association fails to maintain said areas. All of said services to be in and for said Backup Special Service Area. At the hearing, there will be considered the Levy from time to time, as determined by the Mayor and City Council, of an annual tax for providing such special services in Special Service Area Number 9, in an amount to be determined. All interested persons affected by the establishment of said Special Service Area Number 9 and the levy of said tax, including all owners of real estate located within said Special Service Area, will be given an opportunity to be heard at said hearing regarding the establishment of said backup Special Service Area and the levy of said tax and an opportunity to file objections to the establishment of said Backup Special Service Area and the levy of said tax and the amount thereof. At said public hearing, any interested persons affected by said proposed Backup Special Service Area may file with the City Clerk of said City written objections to and may be heard orally in respect to any issues embodied in this notice. The Mayor and City Council of said City shall hear and determine all protests and objections at said hearing, and said hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its adjournment. If a petition signed by at least 51%of the electors residing within said Backup Special Service Area and by at least 51%of the owners of record of the land included within the boundaries of said Backup Special Service Area is filed with the City Clerk of said City within 60 days following the final adjournment of said public hearing objecting to the creation of said Backup Special Service Area, the levy or imposition of a tax for the provision of special services to said Backup Special Service Area, or to a proposed increase in the tax rate,no such Backup Special Service Area may be created, or tax may be levied or imposed nor rate increased. 3 By order of the Mayor and City Council of the City of McHenry,McHenry County,Illinois. Dated this day of 2006. /s/ City Clerk, City of McHenry McHenry County, Illinois Section 5. That all ordinances, orders and resolutions thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be and the same are hereby repealed, and that this ordinance be in full force and effect forthwith upon its adoption and approval. PASSED BY THE MAYOR and CITY COUNCIL of the City of McHenry, Illinois, at a regular meeting thereof held on the 25`h day of September, 2006,and approved by me as Mayor on the same day. AYES NAYS ABSENT ABSENT Susan E. Low,Mayor, City of McHenry Attest: Janice C. Jones, City Clerk City of McHenry EXHIBIT"A" 4 Exhibit A Legal Description of the SUBJECT PROPERTY PARCEL A: THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30 FEET;.THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.74 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 54 SECONDS WEST ALONG A LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, 752.89 FEET TO A POINT ALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, 1805.79 FEET;THENCE SOUTH 52 DEGREES 30 MINUTES 47 SECONDS EAST, 896.71 FEET;THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET,AN ARC LENGTH OF 353.30 FEET, SAID ARC HAVING A CHORD BEARING.OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS EAST AND A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51 MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING, CONTAINING 41.049 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS. PARCEL B: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30 FEET;THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES 51 MINUTES 14 SECONDS EAST, 700.35 FEET; THENCE EASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 86 DEGREES 08 MINUTES 45 SECONDS EAST AND A CHORD LENGTH OF 270.15 FEET; THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST,207.57 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00 lof 3 Legal Description of the SUBJECT PROPERTY,cont. FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 72 DEGREES 50 MINUTES 27 SECONDS EAST AND A CHORD LENGTH OF 181.55 FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 266.00 FEET,AN ARC LENGTH OF 190.34 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS EAST AND A CHORD LENGTH OF 186.30 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 18 SECONDS EAST, 66.29 FEET; THENCE EASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79 DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH, OF 41.09 FEET; THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 84 DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST,668.49 FEET TO A POINT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTH LINE, 1223.53 FEET;THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST, 100.01 FEET TO THE PLACE OF BEGINNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4;THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 70.77 FEET;THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST,668.49 FEET; THENCE WESTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET,AN ARC LENGTH OF 174.25 FEET,SAID ARC HAVING A CHORD BEARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17 SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50 MINUTES 18 SECONDS WEST,66.29 FEET;THENCENORTH 22 DEGREES 06 MINUTES 11 SECONDS WEST,301.56 FEET;THENCE NORTH 00 DEGREES 02 MINUTES 28 SECONDS ,EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89. DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 494.20 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE 2of 3 Legal Description of the SUBJECT PROPERTY, cont. NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, 1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29 DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,1337.83 FEET;THENCE SOUTHERLY ALONG THE SAID RIGHT OF WAY LINE,SAID LINE BEING A CURVE CONCAVE EASTERLY WITH A RADIUS OF 5617.53 FEET,AN ARC LENGTH OF 180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17 MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 180.93 FEET, TO A POINT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3;THENCE SOUTH 89 DEGREES 18 MINUTES 05 SECONDS WEST ALONG THE SAID SOUTH LINE, 306.06 FEET TO THE PLACE OF BEGINNING, CONTAINING 27.879 ACRES MORE OR LESS, ALL IN McHENRY COUNTY,ILLINOIS. 3of 3 CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson,Management Assistant for Community Relations FOR: September 25, 2006 Regular City Council Meeting RE: Phase I Riverwalk Landscaping Contract RECOMMENDATION: To authorize staff to solicit bids for the landscape portion of Phase I of the Riverwalk project. BACKGROUND: The final piece of construction for Phase I of the Riverwalk project is the landscaping plan. This portion was not included in the original construction contract. To complete construction of Phase I this year, it became essential to bid the project in May and then update the landscape plan as construction progressed. The planting schedule is less intensive than the construction schedule and is expected to take three weeks to complete. Late September through early November is the optimum time for planting materials to be installed. This schedule works well with the projected construction schedule. Many of the major elements, such as the walk path foundation,light pole bases,and retaining wall adjacent to the Riverwalk Place Townhomes,are nearing completion. The excavation and heavy equipment portion of the project is now past. A finish grade is nearly established, which will be ready for planting. The engineers estimated cost for the landscaping contract is $131,255 The landscape plan and appropriate bid documents are complete and ready to be let. Construction is also proceeding on schedule for the expected project completion of mid to late November. The timing of the two schedules should correspond to facilitate the projected completion date. Attachments: Bid Specifications for Phase I Riverwalk Landscape Plan Smith Engineering Consultants McHenry Riverwalk-Phase 1 Landscape Development Estimate of Probable Cost McHenry,Illinois September 19,2006 UNIT COST Description Unit Quantity (L&M) Unit Total Landscape Shade Trees 4.0"cal. 14 $780 each $10,920.00 Ornamental Trees 8'ht 21 $500 each $10,500.00 Evergreen Trees 8'ht 4 $450 each $1,800.00 Evergreen Trees 10'ht 2 $650 each $1,300.00 Shrubs 24-30"ht. 639 $58 each $37,062.00 Perennials w soil amendments 1 gal. 1998 $11.50 each $22,977.00 Groundcovers Qt./4"pot 1146 $6.00 each $6,876.00 Landscape Subtotal $91,435.00 Misc. Boulder Placement ton 65 $450.00 ton $29,250.00 4"Cobblestone @ drainage inlets ton 3 $350.00 ton $1,050.00 Berms(Topsoil import and grading) CY 120 $40.00 CY $4,800.00 Shredded Hardwood Mulch CY 10 $48.00 $480.00 Mushroom Compost CY 100 $42.00 CY $4,200.00 Reseeding of disturbed lawn areas SF 200 $0.20 SF $40.00 Irrigation by others Total Cost $131,255.00