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HomeMy WebLinkAboutPacket - 06/27/2011 - City Council City of McHenry 11 A 333 South Green Street - www.ci.mchenry.il.us McHenry, Illinois 60050-5495 Nit] ` REVISED Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA REGULAR CITY COUNCIL MEETING Administration Monday, June 27, 2011, 7:30 PM (815) 363-2100 Fax (815) 363-2119 Construction and 1. Call to Order Neighborhood Services (815) 363-2170 2. Roll Call Fax (815) 363-2173 3. Pledge of Allegiance Finance Department (815) 363-2100 4. Public Input Session: 10 Minute Limitation Fax (815) 363-2119 Parks and Recreation 5. Consent Agenda: (815) 363-2160 A. IDNR Grant Resolution of Authorization for Fort McHenry Playground Fax (81.5) 363-3186 renovations; B. Illinois Clean Diesel Program terms agreement with Chicago International Police Non-Emergency Trucks not to exceed $29,583.28; (815) 363-2200 C. Prevailing Wage Ordinance; Fax (815) 363-2149 D. Block Party; E. June 6, 2011 and June 13, 2011 City Council meeting minutes; and Public Works F. List of Bills. (815) 363-2186 Fax (815) 363-2214 6. Honorary Street Sign 7. Sign variance, Safari Childcare, 2214 West Route 120 Mayor 8. Sign Variance, Greater Elgin Family Care Center, Mercy Drive Susan E. Low 9. Sign Variance, VFW Veterans Club, 3002 West Route 120 City Clerk Janice C. Jones 10. Professional Services Agreement with HR Green, Inc. for renovation of Water Treatment Plant #2 not to exceed $175,000 Treasurer Steven C. Murgatroyd 1 1. Third Amendment to the Redevelopment Agreement for former Medical Arts building site Aldermen 12. Mayor Statement and Reports WARD I Victor A. Sand 13. Committee Reports WARD 2 14. Staff Reports Andrew A. Glab 15. Future Agenda Items WARD 3 Jeffrey A. Schaefer 16. Adjournment WARD 4 Posted: June 24, 2011 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks & Recreation For: June 27, 2011 Regular City Council Meeting Re: Fort McHenry Renovation — IDNR Grant Resolution Attachment:IDNR— OSLAD/LWCF Grant Resolution of Authorization Form DOC-3 BACKGROUND The Parks and Recreation Committee has reviewed several options for the renovation of the Fort McHenry Playground. One option is the complete removal of the existing playground and construction of a new Leather's and Associates designed facility by a qualified contracting firm. A recommendation was made at the May 21, 2011 committee meeting to prepare an IDNR Grant application for playground renovation funding. Staff is in the process of preparing the grant documents for submission by the July 1, 2011 deadline. The OSLAD/LWCF Grant program will provide 50% funding up to a maximum of $400,000 for qualifying development projects. A resolution form (DOC-3) included in the grant documents must be approved by the local project sponsor — City of McHenry. This resolution lists the terms, conditions and regulations of the state grant program. RECOMMENDATION To approve the IDNR Resolution of Authorization DOC-3 for an IDNR grant application to fund the renovation of the Fort McHenry playground. STATE OFILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1.Project Sponsor: City Of McHenry 2.Project Title:Fort McHenry Playground Renovation The City Of M cHenry hereby certifies and acknowledges that it has 100%of the funds (local project sporwor) necessary(includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe orfailure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for proj ect grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition and Development Projects It is understood that the project should be completed within the timeframe established in the project agreement and the Final Bi lling reimbursement request will be submi tted to 1DNR as soon as possible after project completion. The City Of McHenry further acknowledges and certifies that it will comply with all (local project s rror) terms,conditions and reguaations of 1)the Open Space Lands Acquisition and Development(OSLAD)program (17IL Adm. Code 3025)orfederal Land&Water Conservation Fund(LWCF)program(17IL Adm.Code 3030),as applicable,Z)the federal Uniform Relocation Assistance&Real Property Acquisition Policies Act of 1970(P.L. 91-646)and/or the Illinois Displaced Persons Relocation Act(310 ILCS 40 et seq.),as applicable,3)the Illinois Human Rights Act(775 ILCS 511-101 et.seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-352),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L. 100-Z59)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and will maintain the project areain an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion;and for property acquired with OSLAD/LWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,forpublic outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the City Of McHenry certifies to the best of its (local project sporwr) knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the City Of M cH enry (local project sponsor) at a legal meeting held on the 27th day of June 20 11 (Authorized Signature) Mayor - Susan E.Low ATTESTED BY: (title) City Clerk - Janice Jones (title) Rev.3/07 CONSENT AGENDA The Consent Agenda for the June 27, 2011 City Council meeting consists of the following items: A. Illinois Clean Diesel Program terms agreement with Chicago International Trucks not to exceed $29,583.28; B. Prevailing Wage Ordinance; C. Block Party; D. June 6, 2011, and June 13, 2011, City Council meeting minutes; and E. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works FOR: June 27, 2011 Regular City Council Meeting RE: Illinois Clean Diesel Grant ATTACHMENTS: 1) IEPA Confirmation Letter 2) Illinois Clean Diesel Program Terms Agreement Background. In May 2011, the city was awarded an Illinois Environmental Protection Agency (IEPA) grant in the amount of $29,583.32 for installing diesel oxidation catalysts (DOC) and closed crankcase ventilation (CCV) systems on eight diesel powered dump trucks. These particular Public Works vehicles were manufactured between the years of 1997 and 2003 prior to emission standards now in effect. Installation of these systems will reduce particulate matter and greenhouse gases. Analysis. Chicago International Trucks from Huntley, Illinois is recognized by the IEPA as a qualified vendor for the installation of DOC and CCV systems for McHenry County. The attached Illinois Clean Diesel Program Terms Agreement with Chicago International Trucks specifies payment for services will not be made until the city receives the grant funds from the IEPA. Recommendation. Staff requests City Council approval of the attached Illinois Clean Diesel Program Terms Agreement with Chicago International Trucks in an amount not to exceed $29,583.28. 8 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 North Grand Avenue East, P.O. Box 19276,Springfield, Illinois 62794-9276• (217) 782-2829 James R.Thompson Center, 100 West Randolph,Suite 11-300, Chicago, IL 60601 •(312)814-6026 PAT QUINN, GOVERNOR IN TY 2-0 217/557-1441 May 10,2011 Jon Schmitt City of McHenry 1415 Industrial Dr. McHenry, IL 60050 Re: Project Confirmation Letter Dear Mr. Schmitt: This letter is to confirm that the attached Illinois Clean Diesel grant is now in effect and that you may proceed with your project as outlined in the agreement and scope of work. It is required that you contact us in advance of any pending changes to your project than what is described on your application or grant agreement(e.g., change in costs,vehicles,product,vendor, etc.). When the project work is completed, please send me a letter or email that includes the final invoice.The correspondence should include a request for reimbursement in the amount indicated on the grant agreement. The enclosed Certification of Installation form must also be completed by your equipment vendor and submitted with your reimbursement request. We may contact you to schedule a follow-up inspection of the vehicles involved in the project. Upon project completion,please send your correspondence and final invoices to the address or emails below: Illinois Environmental Protection Agency Illinois Clean Diesel Grant Program#6 P.O. Box 19276 Springfield,IL 62794-9276 If you have any questions,please contact Mike Rogers(Michael.Rogers@illinois.gov)or myself (Darwin.Burkhartgillinois.gov) or call 217/557-1441. Sincerely, Darwin J. Burkhart, Manager Clean Air Programs Bureau of Air Rockford•4302 N.Main St.,Rockford,IL 61103•(815)987-7760 Des Plaines•9511 W.Harrison St.,Des Plaines,IL 60016•(847)294-4000 Elgin•595 S.State,Elgin,IL 60123•(847)608-3131 Peoria•5415 N.University St.,Peoria,IL 61614•(309)693-5463 Bureau of Land—Peoria•7620 N.University St.,Peoria,IL 61614•(309)693-5462 Champaign•2125 S.First St.,Champaign,IL 61820•(217)278-5800 Collinsville••2009 Mall Street,Collinsville,IL 62234•(618)346-5120 Marion•2309 W.Main St.,Suite 116,Marion,IL 62959•(618)993-7200 GRANT AGREEMENT GRANT NUMBER State of Illinois Grant, Pursuant to the appropriation of state funds, Illinois Environmental Protection Agency, Bureau of Air, P.O. Box 19276, Springfield, Illinois 62794-9276. PARTI GENERAL INFORMATION 1. GRANT ADMINISTRATION DATA A. GRANT TYPE Clean Diesel Grant Program/DERA 2. GRANTEE ORGANIZATION A. NAME/ADDRESS/COUNTY B. GRANTEE CONTACT(Name and Title) City of McHenry Mr.Jon Schmitt, Public Works Director 1415 Industrial Drive McHenry, IL 60050 C. AREA CODE/TELEPHONE NUMBER McHenry County (815)363—2186 PART II PROJECT DESCRIPTION The State shall provide up to$29,584 for the purchase and installation of a diesel oxidation catalyst/closed crankcase ventilation system on eight(8)vehicles described and listed in the enclosed application and vehicle information spreadsheet. Grant Agreement attachments: Terms and Conditions for DERA Grant Agreements, Illinois Clean Diesel Grant Program Conditions/DERA, four certifications, Taxpayer Identification Number form, copy of application For the purposes of this Grant Agreement,the grant period shall commence on the date that the applicant receives the Project Confirmation Letter and shall expire on September 30, 2011. The Illinois EPA, at its sole discretion, has the right to provide an extension to the project completion date. The City of McHenry agrees to not issue a press release or make any public announcements about this project without the coordination and consent of the Illinois EPA. PART III OFFER AND ACCEPTANCE ON BEHALF OF THE GRANTEE I the undersigned,being duly authorized to take such action,certify under oath that all information in this Grant Agreement is true and correct to the best of my knowledge, information, and belief; that the Grant Funds awarded will be used solely for the purposes described in the Grant Agreement; and that the award of Grant Funds is conditioned upon this certification. Further,I,the undersigned,being duly authorized to take such action,hereby accept this offer and agree to all terms and conditions attached hereto and which are incorporated herein by reference including Federal Award Conditions;Terms and Conditions for Diesel Emissions Reduction Act(DERA) Grant Agreements;Illinois Clean Diesel Grant Program Conditions/DERA;Four Certifications;and the Grant Application. S��M 5 -3 -) ) \SIGNAT}U,RE OF REPRESENTATIVE l 1, DATE J O Sc. l i 1T -D C.Q. C�p 0-r �Lk•D) ►C NAME AND TITLE OF AUTHORIZED REPRESENTATIVE(Type or Print) FOR THE STATE OF ILLINOIS ENVIRONMENTAL PROTECTION AGENCY The Director(herein called the"Director")of the Illinois Environmental Protection Agency(herein called the"Agency"),in accordance with the authority given in the appropriation by the General Assembly made pursuant thereto,hereby offers to make a State of Illinois Grant to the Grantee,up to and not exceeding the above specified amount,for the support of the efforts contained in the Project Description above. 111 l INTERIM DIRECTOR DA E 11 532-0028 WPC 173 (Rev.7/10) 06/14/11 04:41PH CHICAGO.INTNL 18476693950 p,02 T£a FH117A a ! W6 .......-T A "I AfA , TRLJERWMNF 103 S, Larkin Ave,,Joliet,!L 00430 - T—(815)741.7500 - F•- (815)741.3854 ............................................................................. May 27, 2011 Mr. Jon Schmitt, Public Works Director The City of McHenry 1.415 Industrial Drive McHenry, IL 60050 Jon, ILLINOIS CLEAN DIESEL PROGRAM TERMS AGREEMENT The Illinois Environmental Protection Agency has confirmed a Clean Diesel Grant Program for the City of McHenry. Chicago International Trucks agrees to the option allowed on payment terms and will arrange for payment on your emissions retrofit program as follows: Chicago international Trucks will Invoice and document installation with a certificate for each completed Diesel Oxidation Catalyst (DOC) and Closed Crankcase Ventilation (CCV) retrofit to the City of McHenry. The invoices and installation certificates are to be forwarded to the Illinois EPA for grant funding upon receipt. The City of McHenry shall remit payment to Chicago International Trucks due on receipt of grant funding (net 30-60 days); Illinois EPA will notify Chicago international Trucks on the date grant fending is sent to the City of McHenry. The terms outlined above are in accordance with option#2 funding arrangement approved by the Illinois EPA. All named parties are in agreement with these terms as described and will apply to the City of McHenry retrofit program. Signed: 1196 "1 Z/W 26 aeo'L-t es - .'t / 10e d800nate, Emissions Specialist Gate Chicago International Trucks Signed: City of McHenry Authorized Signature Title prate CONSENT AGENDA SUPPLEMENT To: Mayor and City Council �, ✓ Fm: Deputy Clerk Kunzer For: June 27, 2011 regularly scheduled City Council Meeting Re: Block Party Request Background. 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 District 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 Request was received and requires Council approval: SaturdaX July 9u'from noon until midnight Wayne, Braun of 1710 Jennifer Lane is requesting closure of Jennifer Lane between its intersections with Prestwick and Orleans in Mill Creek Subdivision. Copies of the request and PIQ map are attached for your edification. Recommendation. To approve Block Party Request as submitted. /kmk Fax # 815-344-5787 Attn: McHenry City Counsel To: McHenry City Counsel 333 S.Green Street McHenry, I160050 Fax#815-363-2128 From: Wayne Braun 1710 Jennifer Lane McHenry,1160050 Phone Home#815-529-7397 Date: 6/12/2011 Re: Approval for block party We are asking for approval to block off our street on Saturday July 9th,2011 for two graduation parties which all the neighbors on the street will be attending. We will need to close off the intersections of Jennifer and Prestwick and Jennifer and Orleans in the Mill Creek subdivision. We would like to have these closed off from 12:00 PM to 11:59 PM.Please advise at your convenience that you have received this request and upon review,the outcome of this request. Regards, Wayne Braun • Mill Creek Block Party PIQ ..a _17 e z GOR. , 9 a 9�' 9 9 � � � � V � �f ', 2 'i 9 � ,•I • S 4 9 9 9 9 —tom—T� —T �J ♦•'lT • Pfi Efi7Y1�CK i q " tt x T— F a� o + r IN ------------- ---------------- n v, ' t 9 � v Y z'�,. ��_� I. ... � - .. .. 'ems-•Y�""" .a-.ate-.,..•r ������............ ,f f. ,.: � � �� !3 E3 A 'S Ei •pFj '4 MAPLE F3 F_' a REGULAR MEETING JUNE 6, 2011 Mayor Low called the regularly scheduled June 6, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Supt. Regner, Parks and Recreation Director Merkel, Chief of Police Jones, City Engineer Pieper. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. Purchase of vehicles for the Public Works Street Division: Wheel Loader, $157,865.75; and Dump Truck with Snow Plow,$119,079.00; B. City Council Minutes: May 16,2011 regularly scheduled meeting; May 23,2011 regularly scheduled meeting; C. Picnic Permits; D. List of As-Needed Checks BLUE CROSS BLUE SHIELD O 121,212.25 COOK COUNTY SHERIFF'S TR 100.00 FOP UNITS I/II 1,824.00 HOME DEPOT CREDIT SERVIC 745.82 HOME STATE BANK 1,375.00 IUOE, LOCAL 150 2,221.87 JOSEPHSON INSTITUTE 245.92 KLEAN, KENNETH P 75,873.28 MISS MCHENRY COUNTY QUEE 125.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 256.00 NORTH SUBURBAN WATER 45.00 NORTHEASTERN IL REGIONAL 30,306.27 PETTY CASH FUND 126.60 POSTMASTER MCHENRY IL 4,625.27 PRE-PAID LEGAL SERVICES 142.45 RESERVE ACCOUNT 1,374.74 UNITED PARCEL SERVICE 123.85 UNUM 1,632.35 GRAND TOTALS 242,398.00 FUND TOTALS GENERAL FUND 43,105.26 PAGEANT FUND 125.00 MCHENRY AREA CHARACTER COUNTS 245.92 DEBT SERVICE-1997A FUND 1,375.00 WATER/SEWER FUND 461.29 EMPLOYEE INSURANCE FUND 121,212.25 POLICE PENSION FUND 75,873.28 TOTALS 242,398.00 E. List of Bills: AALTO, BRIAN 160.42 ACE TOWING & RECOVERY 71.00 Regular Meeting Page 2 June 6,2011 ADAMS ENTERPRISES INC, R 197.62 ADAMS OUTDOOR POWER EQUI 13.90 ADAMS STEEL SERVICE INC 545.60 ADAMS, JOHN 318.00 AFTERMATH INC 95.00 AMELIO, ROBERT 376.00 AT&T 3,155.46 AUTO TECH CENTERS INC 406.00 AUTO TRUCK GROUP 84.56 BALDUS COMPANY, THE 5,400.00 BANK OF NEW YORK MELLON 218,259.41 BLUIS, JENNIFER 23.33 BOONE CREEK GOLF ACADEMY 645.00 BOXX THIS INC 54.80 BREMER, CURTIS H 2O8.00 BRENNAN, DAN 1,120.00 BUNCH DISTRIBUTING INC 139.92 BUSS FORD SALES 283.15 CARDIAC SCIENCE CORP 3,890.16 CAREY ELECTRIC 1,835.00 CDW GOVERNMENT INC 1,148.30 CENTEGRA OCCUPATIONAL HE 224.42 CHICAGO INTERNATIONAL TR 152.68 CLA-VAL CO 820.80 COMED 27,016.20 CONSERV FS 1,044.40 CONSTELLATION NEWENERGY 46,011.74 CRESCENT ELECTRIC SUPPLY 2,064.42 CURRAN CONTRACTING COMPA 3,306.85 DELISI, PHIL 250.00 DIVE CINCINNATI INC 32.00 DONS CLEANERS 12.75 DREISILKER ELECTRIC MOTO 377.13 DURA WAX COMPANY INC, TH 54.15 ED'S RENTAL & SALES INC 108.43 EXIT REALTY 273.37 EZEL, KATHLEEN 130.00 FAMILY TAILOR SHOP 86.50 FIRST STUDENT CORP 1,863.75 FISCHER BROS FRESH 509.25 FOERSTER, JEFFERY S 86.00 FORE GOLF LLC 340.00 FOWLER, JEFF R 138.00 FOXCROFT MEADOWS INC 1,170.00 G IMPRESSIONS INC 185.55 GLUTH, GAY 26.66 GOLD MEDAL PRODUCTS 312.19 GRAINGER 142.43 GREAT LAKES FIRE & SAFET 15.75 HAHN, JIM 106.87 HANSEN'S ALIGNMENT, DON 70.00 HARMENING, CHRISTOPHER M 299.00 HOWARD, LAURIE 46.66 ICMA 584.85 ILLINOIS CITY/COUNTY MAN 269.75 ILLINOIS STATE TREASURER 3,199.55 KASPAR, SUSAN 72.66 KIMBALL MIDWEST 186.66 KURZ JR, ALFRED P 69.96 LIFEGUARD STORE INC, THE 100.00 MAACO COLLISION REPAIR & 1,000.00 MAZZUCA, JOE 230.00 MCAULIFF & SEMROW PC 1,087.50 MCH COUNTY DEPT OF HEALT 45.00 MCHENRY ANALYTICAL WATER 60.00 MCHENRY AREA CHAMBER OF 450.00 MCHENRY COUNTY COLLECTOR 17,713.44 MCHENRY COUNTY COUNCIL O 160.00 MCHENRY FAVORITE SPORT C 39.00 MCHENRY FIRESTONE 700.11 Regular Meeting Page 3 June 6,2011 MCHENRY POWER EQUIPMENT 42.55 METROPOLITAN INDUSTRIES 1,991.62 MID AMERICAN WATER OF WA 455.00 MOLL, DALE 8.00 MOORE, KEVIN 127.50 MORTON SALT 53,235.11 NICOR GAS 2,467.80 NORTH EAST MULTI-REGIONA 11,565.00 NORTH SUBURBAN WATER 45.00 NORTHWEST TRUCKS INC 167.49 PARKSON CORPORATION 146,000.00 PEPSI BEVERAGE COMPANY 202.94 PETROLIANCE LLC 7,752.36 PETTIBONE & CO, P F 172.98 PIONEER MANUFACTURING CO 153.95 PITEL SEPTIC INC 600.00 PRECISION SERVICE & PART 36.00 PTAK, GLORIA 60.00 RADICOM INC 410.00 REBARS & STEEL COMPANY 8.00 REINDERS INC 389.33 RIETESEL, BYRON 60.00 ROMANO, JENNIFER 26.66 SERVICEMASTER BY DIDIER 576.00 SHERMAN MECHANICAL INC 1,437.50 SHERWIN INDUSTRIES INC 220.88 SIRCHIE FINGER PRINT LAB 328.28 SMITH ECOLOGICAL SYSTEMS 22,550.00 SPORTS SUPPLY GROUP INC 1,229.51 ST PAULS EPISCOPAL CHURC 206.70 STAPLES ADVANTAGE 281.41 STERWERF, JASON 92.00 SWIFT CO INC, JOHN S 2,718.00 TAPCO 70.18 THELEN MATERIALS LLC 336.70 THIRD MILLENNIUM ASSOCIA 6,253.86 TRAFFIC CONTROL & PROTEC 142.20 TROPIC STOP TAN 30.00 ULTRA STROBE COMMUNICAIT 41.95 USA BLUEBOOK 401.30 VACULA, JOHN T 2,000.00 WALMART COMMUNITY 131.34 WASTE MANAGEMENT OF WI P 7,391.95 XYBIX SYSTEMS INC 475.00 ZAHN, DAN 618.00 GRAND TOTALS 625,187.11 FUND TOTALS GENERAL FUND 94,084.05 MOTOR FUEL TAX FUND 53,235.11 DEVELOPER DONATION FUND 7,066.52 DEBT SERVICE-1997A FUND 57,802.50 CAPITAL IMPROVEMENTS FUND 5,400.00 WATER/SEWER FUND 223,973.73 UTILITY IMPROVEMENTS FUND 168,550.00 MARINA OPERATIONS FUND 10,640.71 RISK MANAGEMENT FUND 53.90 INFORMATION TECHNOLOGY FUND 1,181.04 POLICE PENSION FUND 3,199.55 TOTALS 625,187.11 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 4 June 6,2011 ORDINANCE AUTHORIZING MINOR VARIANCE TO ALLOW GARAGE EXPANSION —4220 SOUTH STREET, BRYAN AND MEGAN PRICE Deputy Administrator Martin stated a request was submitted by Bryan and Megan Price for a minor variance to allow the expansion of the garage on their property located at 4220 South Street. The previous property owners had expanded the kitchen area into the existing one car garage which prohibits use of the garage for vehicle storage, due to its reduction in usable garage space. The applicants would like to expand the usable garage space to allow its use for the storage of a vehicle within its confines. Deputy City Administrator Martin noted the plat of survey of the subject property which was platted in 1953 includes a 30-foot front yard building setback. The applicants require a 5 foot front yard setback variance to accommodate their request. Deputy Administrator Martin noted the applicants presented their request before the Planning and Zoning Commission and received a unanimous recommendation of approval. Staff has prepared an ordinance allowing the 5 foot front yard setback variance for Council consideration. Motion by Condon, seconded by Wimmer, to accept Staff's recommendation to pass an ordinance granting a reduction in front yard setback from 30 feet to 25 feet to allow the expansion of the existing one car garage as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ANNUAL COUNTRY MEADOWS CRAFT SHOW AND DOWNTOWN WINE FESTIVAL, SEPTEMBER 18, 2011— MCHENRY AREA CHAMBER OF COMMERCE AS FOLLOWS: 1. USE OF VETERANS MEMORIAL PARK: 2. POSTING TEMPORARY SIGNS IN MUNICIPAL RIGHTS-OF-WAY ADVERTISING THE EVENT; 3. SPECIAL EVENT LIQUOR LICENSE Assistant Administrator Hobson stated the McHenry Area Chamber of Commerce has request assistance in hosting the annual Country Meadows Craft Show and Downtown Wine Festival on September 18, 2011. This is the second year for the joint event to be scheduled at Veterans Memorial Park. The Chamber is seeking permission to post temporary advertising signs in the municipal rights-of-way and a special event liquor license for the event. Staff supports the request and recommends approval as presented. Motion by Schaefer, seconded by Blake, to accept Staff's recommendation regarding the McHenry Area Chamber of Commerce request to host the annual Country Meadows Craft Show and Downtown Wine Festival on September 18, 2011: Regular Meeting Page 5 June 6,2011 1. to approve use of Veterans Memorial Park; 2. to allow posting of temporary advertising signs in municipal rights-of-way as presented; 3. to grant a special event liquor license for the event. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ANNUAL JAYCEES DAY FOURTH OF JULY EVENT,JULY 2, 2011: 1. USE OF PETERSEN PARK; 2. CITY SUPPORT SERVICES; 3. WAIVER OF ALL ASSOCIATED FEES FOR THE EVENT; 4. AWARD OF CONTRACT FOR FIREWORKS PROGRAM IN THE TOTAL AMOUNT OF $15,000—MELROSE PYROTECHNICS In attendance were Chuck Tonyan and Kathryn Spranger of the McHenry Area Jaycees. Assistant Administrator Hobson stated the City's 2011/2012 Fiscal Year Budget includes a $5,000 contribution toward the 2011 fireworks display scheduled for July 2, 2011. The total amount of the event indicated in the requests for proposals was $15,000 which included a $10,000 contribution by the McHenry Area Jaycees. The City also provides support services from Parks, Public Works, and Police for the event. As the event is a partnership between the City and the Jaycees, Staff recommends waiver of associated fees. Assistant Administrator Hobson noted requests for proposals were sought from area fireworks companies. The only proposal submitted was by Melrose Pyrotechnics. In response to Alderman Schaefer's inquiry, Assistant Administrator Hobson stated it would be a group consensus to delay the event until Sunday, July 3rd, a predetermined rain date. Mayor low stated she truly appreciated the Jaycees contributions towards the event. Mr. Tonyan thanked the City for its participation in the event and presented a check in the amount of$10,000 to City Administrator Black. He stated he is looking forward to another great show this year. Motion by Schaefer, seconded by Condon, to accept Staff's recommendation regarding the McHenry Area Jaycees request for its Jaycees Day Fourth of July event scheduled for July 2, 2011 with a rain date of July 3, 2011 as follows: 1. Use of Petersen Park; 2. City support services; 3. Waiver of all associated fees for the event; Regular Meeting Page 6 June 6,2011 4. Award of contract for fireworks program in the total amount of $15,000 — Melrose Pyrotechnics including the City portion of the contract in the amount of$5,000 for the event. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR ECONOMIC INCENTIVE AGREEMENT: MCHENRY COMMONS SHOPPING CENTER Deputy Administrator Martin stated on April 25, 2011 a conceptual sales tax rebate proposal was presented to Council for discussion. Regency Centers, owner of the northern half of the McHenry Commons Shopping Center, has approached Staff regarding an economic incentive agreement for its shopping center. The agreement provides for a maximum sales tax rebate of $1,000,000 over a 20-year term. The agreement does not include any portion of the one-half percent home rule sales tax implemented on January 1, 2011. Deputy Administrator Martin noted Regency Centers is represented by Matt Hindy and the owner's attorney, Harold Francke, who are present to respond to Council questions and comments this evening. Alderman Wimmer inquired what would happen if Regency Centers sold the property. Mr. Hindy responded if Regency sells, the agreement could be assigned to a third party purchaser. Alderman Wimmer inquired if Staff would be provided with a list of all improvements made to the property relating to the reimbursement provisions of the contract. Mr. Hindy responded Regency Centers would be happy to share the exact costs of the improvements once the numbers have been determined. He noted the size of the area to be renovated for the proposed tenant, Hobby Lobby, is 76,000 square feet. He stated the anticipated cost to renovate the entire building is anticipated at $3.1 million. The cost to improve the Hobby Lobby portion of the building is approximately$1.5 million. Alderman Peterson inquired how the tenant allowance portion of the agreement was determined. Mr. Hindy responded the tenant allowance is based upon the area of the building they will occupy. Tenant allowance can be used solely for hard costs which include actual building improvements and not for such items as inventory, etc. Alderman Condon expressed her belief that Hobby Lobby will do well in the community. She noted she has some concerns about the $1 million sales tax rebate. She stated she understands Regency's risk, but the City is at risk as well. Alderman Condon stated she wants to help the business succeed, but believes a 50/50 cost share of the improvements would be more equitable. She noted it is in Regency's best interest to have a tenant on the property. She expressed concern regarding the 20-year term of the proposed rebate agreement as well as the $1 million figure to be rebated. Alderman Condon stated she wants to work with Regency but Regular Meeting Page 7 June 6,2011 believes the $1 million figure is too high. Mr. Hindy stated if this agreement does not go through, the contract would have to be re-negotiated with Hobby Lobby. Alderman Condon stated her belief that Hobby Lobby is a great store, but she has no real knowledge of how long it would take to reach the $1 million rebate. Mr. Hindy stated Hobby Lobby is a fiercely private company which has been unwilling to share that information. Alderman Condon restated her belief that a $1 million rebate is too much. Alderman Santi inquired as to the area of the Hobby Lobby portion of the building. Mr. Hindy stated the size of the store is 52,000 square feet. Alderman Santi expressed concern regarding the percentage of the City's proposed participation in the improvements. Mr. Hindy stated $600,000 includes work on the Hobby Lobby portion of the building, not solely the HVAC costs. Alderman Glab stated he has a problem with taxpayers paying for roof repairs, etc, to the premises. He believes $1 million is too high of a contribution. He stated he has concerns with some of the proposed improvements that are to be made utilizing taxpayer dollars. Mr. Francke stated he understands Council's concerns. He wants Council to be comfortable approving the request. He noted initially the request was for $1.1 million and Regency has already agreed to certain concessions in order to reduce the request. He stated the City's analysis has to be what is being leveraged. For instance, what are the City dollars being invested it? He opined this is a good project. He would be happy to continue to negotiate with the City regarding a mutually acceptable agreement. Mr. Hindy stated Regency is at the point with Hobby Lobby that they need to know what direction the Council is willing to proceed. Alderman Schaefer requested clarification regarding the figures presented. Mr. Hindy stated the rebate would solely cover the cost of improvements to get the tenants into the building. Alderman Condon stated in her mind the $1 million is still too high. She recognizes the benefit to the City of having a tenant in the building. She would consider rebating half of the $1.78 million, approximately $880,000. She does not care for the 20-year term of rebate and would prefer a 13-year term. She would like to work with Regency but believes some concessions should be made. Alderman Peterson stated he still sees it as the redevelopment of the whole shopping center in that particular area of town. He sees the incentive agreement as an economic development tool. It is good for the City to have this particular retailer come into town. Regular Meeting Page 8 June 6,2011 Alderman Schaefer concurred with Alderman Peterson. He stated he would like to see the improvements itemized in writing. He noted 100%of$0 is $0. Mr. Hindy responded to Alderman Peterson, stating Regency's investment ends at the Rent-A-Center. Attorney McArdle inquired of Mr. Hindy if it was correct that the lease with Hobby Lobby is not contingent upon the approval of the incentive agreement with the City. And, if the Hobby Lobby deal does not go through, the agreement with the City would then be void. Mr. Hindy responded in the affirmative. Mayor Low noted all points made by Council this evening were valid. She understands what everyone is thinking. Hobby Lobby would be a great addition to the community. Mayor Low stated her belief that the shopping center area needs a boost which this project could provide. Revitalization is important to the entire area. Alderman Santi inquired when Hobby Lobby is projected to open. Mr. Hindy responded it is likely Hobby Lobby would open by the end of 2011. Alderman Glab inquired if Regency would agree to $50,000 per year. Mr. Hindy stated if Hobby Lobby is successful, the $1M could be realized before the end of the 20-year term of the contract. Alderman Wimmer inquired if this project does not move forward, that part of town is going to look very sad after WalMart's departure. Motion by Wimmer, seconded by Schaefer, to pass an ordinance providing for the Mayor's execution of an economic incentive agreement with the owners of McHenry Commons Shopping Center as presented. Voting Aye: Glab, Schaefer, Wimmer, Peterson. Voting Nay: Santi, Blake, Condon. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported the City's first City Band concert of the season was well-attended last week. The second in the series will take place Thursday evening at 7:30 p.m. She announced the Adams Trailer historical exhibit will be available for viewing at all band concerts this year. She noted the trailer is an amazing exhibit. Regular Meeting Page 9 June 6,2011 Mayor Low announced the following upcoming events: Kiwanis Soap Box Derby on Saturday,June 11, 2011 at Green and Waukegan; Lion's Club Carnival June 9-11, 2011 at Petersen Park; Fishing Derby at Whispering Oaks Park on Saturday,June 11, 2011; Green Street Cruise Nights every Monday evening, beginning tonight. Mayor Low noted the City looks beautiful and the community looks wonderful. She expressed her gratitude to Staff. Mayor Low acknowledged the historical banners have been installed and the business district "foxes" have been displayed on area light poles. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Peterson stated he would like to see the Riverwalk Center on the Agenda. Mayor Low responded it will be on Council's Agenda soon. Alderman Glab inquired if the Riverwalk Center would come forward with a proposal or for discussion? He suggested the matter be brought forward as a discussion item. Mayor Low stated she understands Council's desire to proceed to resolution regarding this matter. She acknowledged discussions would take place in the near future. Alderman Condon requested clarification as to whether the Riverwalk Center should be discussed at a Committee level, i.e. a Committee of the Whole Meeting, prior to being presented for action before Council. She opined there is no point in having a meeting to discuss something if there is no specific proposal before Council to be considered and voted upon. Alderman Condon expressed her confidence in City Staff which is great benefit to the City. Alderman Santi expressed his appreciation to Staff and the Mayor for their efforts in bringing the bank president forward to discuss the Riverwalk Center. Regular Meeting Page 10 June 6,2011 EXECUTIVE SESSION: PERSONNEL Motion by Condon, seconded by Santi, to go into Executive Session to discuss Personnel at 9:01 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:04 p.m. Motion by Wimmer, seconded by Peterson, to go back into Open Session at 9:40 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:40 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken in Open Session regarding matters discussed in Executive Session. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:40 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:40 p.m. Mayor City Clerk REGULAR MEETING JUNE 13, 2011 Mayor Low called the regularly scheduled June 13, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Blake, Wimmer, Peterson, and Condon. Absent: Schaefer. Also in attendance were Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Deputy Chief Lumber. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Mayor Low announced Consent Agenda Item A includes permission to post the banner on the fence at Petersen Farm. She also announced Council has been provided with a revised supplement outlining Consent Agenda Item D, the purchase and outfitting of four police vehicles for a total not-to-exceed- amount of$124,488. Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as amended: A. Temporary Advertising signs including banner on fence for"Day at Petersen Farm"; B. Temporary Use Permit for Nicolino's Trackside,621 Ridgeview Drive; C. Special Event Liquor License for Nicolino's Trackside,621 Ridgeview Drive; D. Purchase of four squads for Police Department from Landmark Ford in Springfield through State of Illinois Purchasing Program and outfitting of four squads from independent contractors for a total cost not-to-exceed$124,488; E. Proposal from Furst Concrete for installation of epoxy floor covering in Water Plant#1 in an amount not-to-exceed$7,700; F. Committee Recommendation to seek authorization to proceed with zoning amendments before the Planning and Zoning Commission relating to residential chickens; G. Block Party request: Nicholas J Wirth,Olde Mill Ponds,Saturday,July 2,2011; H. Picnic Permits; 1. List of Bills: ACE HARDWARE, BJORKMAN'S 2,633.55 ADVANCED AUTOMATION AND 23,907.88 AT&T 31.40 AUTO TECH CENTERS INC 203.00 B&W CONTROL SYSTEMS INTE 194.46 BANK OF NEW YORK MELLON 400.00 BANKCARD PROCESSING CENT 1,428.67 BAXTER & WOODMAN 292.50 BERGGREN, LEE 379.20 BOONEBAGO EDUCATIONAL SE 798.00 BUSS FORD SALES 587.77 CENTEGRA OCCUPATIONAL HE 58.80 CINTAS CORPORATION #355 1,336.32 COMCAST CABLE 74.90 COMED 2,928.70 COMMUNICATIONS REVOLVING 20.00 CONSTELLATION NEWENERGY 41,284.45 CRESCENT ELECTRIC SUPPLY 241.77 CURRAN CONTRACTING COMPA 5,187.21 CUSTOM LANDSCAPING 1,150.00 D'S MARINE SERVICE INC 11.34 DELL MARKETING LP 5,217.30 Regular Meeting Page 2 June 13,2011 DOCUMENT IMAGING DIMENSI 155.00 DUCAK, KELLY 150.00 DURA WAX COMPANY INC, TH 991.95 ED'S AUTOMOTIVE/JIM'S MU 115.00 EDER CASELLA & CO 500.00 FISCHER BROS FRESH 940.63 G & E GREENHOUSES INC 1,259.16 GEMPLER'S INC 89.85 HALOGEN SUPPLY COMPANY 1,682.20 HAMPTON INN JOLIET 452.00 HARM'S FARM 243.98 HRGREEN 7,434.94 I-PAC C/O WILLIAM WALSH 50.00 ILLINOIS RURAL WATER 135.00 KIMBALL MIDWEST 239.44 LEE AUTO MCHENRY 141.55 MAYWALD, JAY 112.00 MCANDREWS PC, THE LAW OF 6,800.00 MCHENRY COUNTY RECORDER 730.00 MIDWEST METER INC 9,664.30 MINUTEMAN PRESS OF MCH 444.41 NAPA AUTO PARTS MPEC 1,828.05 NORTH EAST MULTI-REGIONA 35.00 NORTHERN ILLINOIS SPECIA 142,501.00 PEPSI BEVERAGE COMPANY 621.76 PETROLIANCE LLC 3,642.77 PETTIBONE & CO, P F 104.96 PRECISION SERVICE & PART 450.77 PRIME TACK & SEAL CO 628.30 PUCHALSKI, RICHARD J 462.00 REINDERS INC 416.10 RELIABLE SAND & GRAVEL 1,018.49 RIDGEVIEW ELECTRIC INC 568.60 RIVERSIDE BAKE SHOP 205.11 SERVICEMASTER BY DIDIER 1,152.00 SIEBECK, MARY BETH 25.00 SMALE, GUY 12.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 137.11 THOMAS TRUCKING INC, KEN 772.50 TRAFFIC CONTROL & PROTEC 1,266.17 USA BLUEBOOK 99.50 VIKING CHEMICAL COMPANY 8,753.32 WASTE MANAGEMENT OF WI P 7,886.55 WILSON NURSERIES INC 129.00 ZARNOTH BRUSH WORKS INC 632.00 GRAND TOTALS 294,225.69 FUND TOTALS GENERAL FUND 180,331.91 AUDIT EXPENSE FUND 500.00 DEBT SERVICE-1997A FUND 400.00 CAPITAL IMPROVEMENTS FUND 7,434.94 WATER/SEWER FUND 75,233.96 UTILITY IMPROVEMENTS FUND 23,907.88 RISK MANAGEMENT FUND 58.80 INFORMATION TECHNOLOGY FUND 5,896.20 POLICE PENSION FUND 462.00 TOTALS 294,225.69 Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Regular Meeting Page 3 June 13,2011 APPROVAL OF MCHENRY RIVERWALK FOUNDATION DONOR WALL Assistant Administrator Hobson stated the McHenry Riverwalk Foundation has been accepting donations for the enhancement and completion of the Riverwalk project since 2001. The Foundation wishes to recognize those who have contributed to the project and would like to erect a monument sign for that purpose. The sign would be approximately 5' by 9' and be located approximately 12' from the Green Street sidewalk and 2' off the actual Riverwalk. A separate sign would be placed adjacent to the larger sign. This list would be utilized to list all donors. Assistant Administrator Hobson noted the Foundation would also like to recognize the contributions of the Gladstone Family and the site of the City's first hospital. The Foundation would like to install a 5' by 6' by 3' stone encasement around plumbing fixtures where the plaque would be affixed. Assistant Administrator Hobson stated the signs would be constructed and installed at no expense to the City. It is Staffs recommendation to approve the signs as presented. Alderman Condon stated the signs would be a great enhancement to the area. She noted she approves of the sign design. Alderman Santi expressed his gratitude to the Foundation and Staff for their work in bringing this project forward. Alderman Blake opined the installation of the signs is a great idea. Aldermen Wimmer and Peterson concurred. Motion by Condon, seconded by Blake, to accept Staff's recommendation to approve the installation of signs on the McHenry Riverwalk by the McHenry Riverwalk Foundation as presented. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. APPROVAL OF SPECIAL USE APPLICATION AND WAIVER OF FEES FOR LEGEND LAKES HOA COMMUNITY EVENTS ON 1ULY 18, 2011 AND 1ULY 16, 2011 IN SHAMROCK FARMS PARK Assistant Administrator Hobson stated a request was submitted by the Legend Lakes Homeowners Association to host two neighborhood events in the Shamrock Farms Park. The HOA intends to host a family movie night and ice cream social beginning at 6 p.m. and ending at 10:30 p.m. on June 18th. The event scheduled for July 16th is a family picnic from 11 a.m. until 5 p.m. Assistant Administrator Hobson noted the HOA is requesting a waiver of fees for park use. It is Staff's recommendation to approve the request as presented. Regular Meeting Page 4 June 13,2011 Alderman Condon expressed concern with park cleanup, particularly as pony rides are proposed. She stated Staff should make it clear to the HOA they are responsible for park cleanup following the events. Alderman Glab inquired if the proposed use required any Staff support services. Assistant Administrator Hobson responded additional garbage cans would be placed in the park. No additional staff services would be required. Alderman Glab stated he would like to limit the amount of beer and wine each family is allowed to bring to the picnic. Assistant Administrator Hobson stated he would discuss Council's reticence regarding alcohol use at the events with the event coordinators. Motion by Blake, seconded by Wimmer, to accept Staff's recommendation to approve the use of Shamrock Farms Park by the Legend Lakes Homeowners Association for neighborhood events scheduled on June 18, 2011 and July 16, 2011, and to waive all associated fees, as presented. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. ORDINANCE AUTHORIZING VARIANCES—O'REILLY AUTO PARTS STORE, 4611 WEST ELM STREET Deputy Administrator Martin stated a request was submitted by O'Reilly Auto Parts to demolish the existing building and to construct a new facility at 4611 West Elm Street. The request requires variances as to rear yard building setback, foundation base landscaping, and driveway lane widths. The Planning and Zoning Commission considered the requested variances at its meeting held on June 2, 2011 and unanimously recommended approval subject to the following conditions being met: 1. Any part of the existing fence on the property, currently in disrepair, that will remain as part of the proposed redevelopment of the property, must be repaired or replaced to a like-new condition; 2. any new fencing installed on the site shall conform in height,style and color with any existing fence; 3. The three existing parkway trees must be retained; if they are currently dead or in poor health, they must be removed and replaced with appropriate species as determined by the Superintendent of Forestry and Park Planning; 4. The site shall be developed in substantial accordance with the site plan prepared by O'Reilly Auto Parts revised 2/25/2011 and the landscape and lighting plans prepared by O'Reilly Auto Parts dated 4/13/2011, as well as building elevations submitted with the request. Alderman Condon noted the sited has needed revitalization for some time. She stated she is glad to see the property is being redeveloped. Alderman Glab expressed concerns with the proposed all-metal frame building. He stated all of the surrounding buildings are brick construction. He opined the building should have some Regular Meeting Page 5 June 13,2011 masonry components. He noted he would like to see the site redeveloped but does not support the steel building structure. Alderman Blake noted while he understands Alderman Glab's concerns he does not have a problem with the steel building construction. Alderman Peterson stated he concurs with Alderman Glab. He would prefer brick and mortar construction of the building. Alderman Condon stated she initially had concerns with the steel construction but noted the building would be offset with landscaping. She believes it would be aesthetically pleasing. The economy dictates the design and material use for the construction. Mayor Low concurred with Alderman Condon. Alderman Santi noted the proposed redevelopment would create a positive impact on the parcel of land. Alderman Wimmer noted while the steel building structure is not that appealing, it would still be an enhancement to the area. Alderman Glab noted the applicant would likely return for sign variances and at that time would provide a better picture of the end-result of the site redevelopment. Motion by Condon, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting variances as follows to O'Reilly Auto Parts for its facility to be located at 4611 West Elm Street: 1. to allow reduction of the 30'rear yard building setback by 6.2% 2. to allow reduction from the 10' foundation base landscape strip by 5' on the north side of the proposed building; 3. to allow driveway lanes exceeding 12' in width and 36'total with for the entire driveway at both access points on the site; Subject to the following conditions being met: 1. Any part of the existing fence on the property, currently in disrepair, that will remain as part of the proposed redevelopment of the property, must be repaired or replaced to a like-new condition; 2. any new additional fencing installed on the site shall conform in height, style and color with any existing remaining fence; 3. The three existing parkway trees must be retained; if they are currently dead or in poor health, they must be removed and replaced with appropriate species as determined by the Superintendent of Forestry and Park Planning; 4. The site shall be developed in substantial accordance with the site plan prepared by O'Reilly Auto Parts revised 2/25/2011 and the landscape and lighting plans prepared by O'Reilly Auto Parts dated 4/13/2011, as well as building elevations submitted with the request. Regular Meeting 4 Page 6 June 13,2011 Voting Aye: Santi, Blake, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: Schaefer. Motion carried. ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 302 SOUTH ROUTE 31—MCDONALD'S USA Deputy Administrator Martin stated a request was submitted by McDonald's USA to relocate their restaurant from the northeast corner of Charles Miller Road and Route 31 to the southeast corner of the intersection of Route 31 and Park Place. The project requires a conditional use permit for a restaurant with a drive-in facility as well as variances relating to the foundation base landscape requirements and driveway entrance width. Deputy Administrator Martin noted the proposal was considered by the Planning and Zoning Commission at a public hearing held on May 19, 2011 and received a unanimous recommendation for approval subject to the following conditions being met • Conditional use permit shall be revoked and become null and void if the use is not established, a required building permit is not obtained and, construction is not started within one year of the date of ordinance approval by City Council or if the use ceases operation for more than one year. • The applicant shall investigate the feasibility of an interconnection with the vacant property to the east, as well as the possibility of creating a more direct sidewalk connection from the east property line leading to the restaurant entrance for pedestrians and bicyclists,similar to the connection/striping from Illinois Route 31. • Address the issue of safety on the south property line in terms of the elevation difference between the top of the proposed retaining wall and the parking lot with some type of barrier or fence potentially on top of the retaining wall. • Investigate the possibility of relocating the transformer on the south side of the building closer to the building and also screening the transformer from public view. • Investigate how on-site snow removal will be handled in terms of snow placement after the lot is cleared so vision clearance and safety are not issues. • Insert a sidewalk along Park Place lot frontage in accordance with the city ordinances. • Insert concrete pad and sidewalk connection from employee-only service door on the south side of the building to the trash corral. • Delineate the three parking spaces closest to the drive-thru lanes on the west side of the building as employee-only parking with signage so there are no conflicts with vehicles backing-out of those spaces and hitting pedestrians or a stationary vehicle lined-up to utilize the drive-thru. Alderman Peterson commented there was quite a traffic jam on Saturday with brush drop- off at Knox Park. Director of Public Works Schmitt stated he would address this matter. Alderman Condon expressed her appreciation for McDonald's partnership with the Character Counts! Coalition. Alderman Glab expressed concern with the access interconnection within the site. He opined the site is not configured to the proposed onsite traffic flow. He stated he does not support any connection of this lot to another adjacent business. Alderman Glab inquired as to the Regular Meeting Page 7 June 13,2011 installation of sidewalk along Park Place. Deputy Administrator Martin responded engineering of the site prohibits sidewalk installation; however, the applicant would be contributing to the City the cost of installation of a 5' sidewalk along Park Place. Deputy Administrator Martin noted the proposed interconnection to adjacent properties to the east of the site was his suggestion and the idea was not presented by McDonald's USA. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance providing for the following as requested by McDonald's USA for its property located at 302 South Route 31: 1) Conditional Use Permit to allow the construction and operation of a restaurant with a drive- in facility on the subject property subject to the following conditions: • Conditional use permit shall be revoked and become null and void if the use is not established, a required building permit is not obtained and, construction is not started within one year of the date of ordinance approval by City Council or if the use ceases operation for more than one year. • The applicant shall investigate the feasibility of an interconnection with the vacant property to the east, as well as the possibility of creating a more direct sidewalk connection from the east property line leading to the restaurant entrance for pedestrians and bicyclists,similar to the connection/striping from Illinois Route 31. • Address the issue of safety on the south property line in terms of the elevation difference between the top of the proposed retaining wall and the parking lot with some type of barrier or fence potentially on top of the retaining wall. • Investigate the possibility of relocating the transformer on the south side of the building closer to the building and also screening the transformer from public view. • Investigate how on-site snow removal will be handled in terms of snow placement after the lot is cleared so vision clearance and safety are not issues. • Contribute the cost of sidewalk installation along Park Place lot frontage in accordance with the city ordinances. • Insert concrete pad and sidewalk connection from employee-only service door on the south side of the building to the trash corral. • Delineate the three parking spaces closest to the drive-thru lanes on the west side of the building as employee-only parking with signage so there are no conflicts with vehicles backing-out of those spaces and hitting pedestrians or a stationary vehicle lined-up to utilize the drive-thru. 2) Approval of a variance to the zoning ordinance provisions regarding driveway width requirements for non-residential uses to increase the maximum width permitted for the inbound lane of traffic adjacent to Park Place from 12' to 14' with the condition the site is designed in substantial accordance with the site plan prepared by Watermark Engineering Resources, Ltd. 3) Approval of a variance from the zoning ordinance provisions regarding foundation base landscaping to allow a minimum width of four feet of foundation base landscaping along the western side of the building with the condition the site is designed in accordance with the landscape plan prepared by Watermark Engineering. Regular Meeting Page 8 June 13,2011 Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. REQUEST FOR SIGN VARIANCES FOR THE PROPERTY LOCATED 302 SOUTH ROUTE 31 — MCDONALD'S USA Deputy Administrator Martin stated McDonald's USA has submitted their request for sign permits for the new facility located at 302 South Route 31. The proposed wall signs would be for one less than originally requested. The freestanding sign would exceed the maximum allowable height of 15' as it would be 25' high. The proposed signage for the site is as follows: Signage Permitted by Ordinance McDonald's Requested Signage 66 square feet wall signage(two permitted) 152 square feet of wall signage (five proposed wall signs) 104 square feet freestanding sign w/15' height 96.64 square foot freestanding sign w/25' height and limitation and 5'setback electronic reader board;w/5'setback Menu board sign (32 square feet) w/8' height Two menu board signs (44 square feet each) w/5.30' limitation (one permitted in side/rear yard only) height each;not located in any required yard Directional sign (5 square feet) w/3' height Two directional signs (4.0 square feet each)-3.30' limitation (one/entrance/exit location permitted) height Due to the special topographical circumstances of the site, Staff recommends approval of the sign variance request as submitted. Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to approve sign variances as follows: Signage Permitted by Ordinance McDonald's Requested Signage 66 square feet wall signage(two permitted) 152 square feet of wall signage (five proposed wall signs) 104 square feet freestanding sign w/15' height 96.64 square foot freestanding sign w/25' height and limitation and 5'setback electronic reader board;w/5'setback Menu board sign (32 square feet) w/8' height Two menu board signs (44 square feet each) w/5.30' limitation (one permitted in side/rear yard only) height each;not located in any required yard Directional sign (5 square feet) w/3' height Two directional signs (4.0 square feet each)-3.30' limitation (one/entrance/exit location permitted) height Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low complimented the Parks Department on the fine Fishing Derby event held last Saturday. Mayor Low expressed her appreciation to the McHenry Kiwanis Club for its annual Soap Regular Meeting Page 9 June 13,2011 Box Derby held last Saturday. She noted this is a phenomenal community event and a great time was had by all. Alderman Peterson noted everyone cooperates to make these community events so successful. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Santi noted he had conversations with Assistant Administrator Hobson regarding a couple of Council meeting programs on local television have been run incorrectly. Assistant Administrator Hobson assured Alderman Santi this matter would be corrected. EXECUTIVE SESSION: PERSONNEL AND REVIEW OF EXECUTIVE SESSION MINUTES Motion by Santi, seconded by Blake, to go into Executive Session to discuss Personnel and Executive Session Minutes at 8:16 p.m. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Council went into Executive Session at 8:20 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:25 p.m. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Council went back into Open Session at 8:25 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Santi, seconded by Blake, to pass a resolution authorizing the release of the following Executive Session Minutes as presented: 11/29/10 Executive Session Minute 5/11/09 Prop Acquisition 11/13/03 Sale City Property Review 4/16/07 Potential Litigation 12/16/02 Collective Bargaining 6/1/09 Prop Acquisition 5/l/06 Potential Litigation 12/16/02 Potential Litigation 6/1/09 Collective Bargaining 11/1/04 Potential Litigation 10/14/02 Potential Litigation Regular Meeting Page 10 June 13,2011 Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Motion by Blake, seconded by Wimmer, to pass a resolution authorizing the destruction of the following audio tapes of executive session meetings of the McHenry City Council as presented: 6/l/09 9/21/09 11/30/09 6/15/09 9/28/09 12/14/09 7/20/09 1 1/2/09 Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:27 p.m. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The meeting was adjourned at 8:27 p.m. Mayor City Clerk .DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060970 100 01 1000 A-ABLE ALARM SERVICE INC 54541 LOCK REPAIRS 06/27/11 0 062211 341.50 100.01.5110 1106 062211 GLJ2281 341.50 062211 11060971 100 33 1077 ACE TOWING & RECOVERY 4575 VEHICLE TOWING SERVICE 06/27/11 0 062211 300.00 100,33.5370 1106 062211 GLJ2281 300.00 062211 11060972 100 33 1108 ADAMS ENTERPRISES INC, R 457206SUPPLIES 06/27/11 0 062211 26.00 100.33.5370 1106 062211 GLJ2281 26.00 062211 11060973 100 33 1108 ADAMS ENTERPRISES INC, R 457705SUPPLIES 06/27/11 0 062211 2.50 100.33.5370 1106 062211 GLJ2281 2.50 062211 11060974 510 32 1113 ADVANCED AUTOMATION AND 11-1396 FLOWMETER REPAIRS 06/27/11 0 062211 330.00 510.32.5110 1106 062211 GLJ2281 330.00 062211 11060975 100 41 1 ALABAWY, MAGGIE PARKS PROGRAM REFUND 06/27/11 0 062211 38.00 100.41.3637 1106 062211 GLJ2281 38.00 062211 11060976 100 33 1389 ALEXANDER EQUIPMENT COMP 76596 KNIFE GRINDING LABOR 06/27/11 0 062211 92.30 100.33.5370 1106 062211 GLJ2281 92.30 062211 11060571 100 47 1421 AMELIO, ROBERT 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 211.50 100.47.5110 1106 062111 GLJ2276 211.50 062111 11060977 100 41 1 ANDERSON, GISELLE PARKS PROGRAM REFUND 06/27/11 0 062211 170.00 100.41.3636 1106 062211 GLJ2281 170.00 062211 11060980 100 22 1564 APCO INTERNATIONAL INC 68687 TRAINING FEE 06/27/11 0 062211 398.00 100.22.5430 1106 062211 GLJ2281 398.00 062211 11060978 100 41 1633 ARBOR DAY FOUNDATION 8400364496MEMBERSHIP DUES 06/27/11 0 062211 15.00 100.41.5410 1106 062211 GLJ2281 15.00 062211 11060979 510 32 1670 ASHLAND SPECIALTY CHEMIC 95460128 CHEMICALS 06/27/11 0 062211 2,970.00 510.32.6110 1106 062211 GLJ2281 2970.00 062211 11060983 100 XXXXX 1450 AT&T JUNE 2011 ALARM CIRCUITS 06/27/11 0 062211 118.84 100.43.5320 1106 062211 GLJ2281 31.46 062211 100.45.5320 1106 062211 GLJ2281 16.00 062211 100.46.5320 1106 062211 GLJ2281 15.99 062211 100.33.5320 1106 062211 GLJ2281 55.39 062211 11060984 510 XXXXX 1450 AT&T JUNE 2011 ALARM CIRCUITS 06/27/11 0 062211 12.33 510.31.5320 1106 062211 GLJ2281 10.88 062211 510.32.5320 1106 062211 GLJ2281 1.45 062211 11060985 XXXXX XXXXX 1450 AT&T JUNE 2011 CENTREX PHONE LINES 06/27/11 0 062211 2,837.94 100.01.5320 1106 062211 GLJ2281 758.90 062211 100.02.5320 1106 062211 GLJ2281 53.83 062211 100.22.5320 1106 062211 GLJ2281 648.24 062211 100.30.5320 1106 062211 GLJ2281 219.28 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 2 ` LIST OF BILLS COUNCIL MEETING 6/27/11 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 ----------------------------------------------------------------------------------------------------------------------------------- 100.33.5320 1106 062211 GLJ2281 550.29 062211 100.41.5320 1106 062211 GLJ2281 107.66 062211 100.42.5320 1106 062211 GLJ2281 53.94 062211 100.43.5320 1106 062211 GLJ2281 53.83 062211 100.44.5320 1106 062211 GLJ2281 122.79 062211 100.45.5320 1106 062211 GLJ2281 164.28 062211 620.00.5110 1106 062211 GLJ2281 104.90 062211 11060986 510 XXXXX 1450 AT&T JUNE 2011 CENTREX PHONE LINES 06/27/11 0 062211 762.93 510.31.5320 1106 062211 GLJ2281 437.06 062211 510.32.5320 1106 062211 GLJ2281 325.87 062211 11060981 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 06/27/11 0 062211 158.82 100.01.5320 1106 062211 GLJ2281 150.62 062211 100.22.5320 1106 062211 GLJ2281 .84 062211 100.30.5320 1106 062211 GLJ2281 .59 062211 100.33.5320 1106 062211 GLJ2281 6.12 062211 100.41.5320 1106 062211 GLJ2281 .68 062211 100.45.5320 1106 062211 GLJ2281 .03CR 062211 100.41.5320 1106 062211 GLJ2281 .30CR 062211 100.45.5320 1106 062211 GLJ2281 .30 062211 11060982 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 06/27/11 0 062211 4.18 510.31.5320 1106 062211 GLJ2281 4.03 062211 510.32.5320 1106 062211 GLJ2281 .15 062211 11060987 100 22 1738 AUTO TECH CENTERS INC 226564TIRE 06/27/11 0 062211 104.25 100.22.5370 1106 062211 GLJ2281 104.25 062211 11061061 510 32 1739 AUTO TRUCK GROUP 1020218 VEHICLE REPAIR PARTS 06/27/11 0 062211 1,060.66 510.32.5370 1106 062211 GLJ2282 1060.66 062211 11060988 440 00 2035 BAXTER & WOODMAN 156457LEGEND LAKE AS-BUILT GIS 06/27/11 0 062211 1,520.43 440.00.8900 1106 062211 GLJ2281 1520.43 062211 11060989 100 41 1 BECKER, ERIC PARKS PROGRAM REFUND 06/27/11 0 062211 34.50 100.41.3636 1106 062211 GLJ2281 34.50 062211 11060990 100 45 2153 BERGGREN, LEE 247655GARAGE DOOR OPENER 06/27/11 0 062211 377.95 100.45.5110 1106 062211 GLJ2281 377.95 062211 11060991 100 XXXXX 2389 BLACKSTONE LANDSCAPE INC 2011-1152 LAWN MOWING SERVICES 06/27/11 0 062211 5,701.00 100.41.5110 1106 062211 GLJ2281 3833.00 062211 100.33.5110 1106 062211 GLJ2281 1868.00 062211 11060992 510 XXXXX 2389 BLACKSTONE LANDSCAPE INC 2011-1152 LAWN MOWING SERVICES 06/27/11 0 062211 2,748.00 510.31.5110 1106 062211 GLJ2281 1500.00 062211 510.32.5110 1106 062211 GLJ2281 1248.00 062211 11060993 510 32 2550 BOTTS WELDING & TRUCK SE 511833VEHICLE SAFETY INSPECTION 06/27/11 0 062211 32.00 510.32.5370 1106 062211 GLJ2281 32.00 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060994 100 44 2559 BOXX THIS INC 2885 CONCESSION SUPPLIES 06/27/11 0 062211 65.76 100.44.6110 1106 062211 GLJ2281 65.76 062211 11060995 100 44 2559 BOXX THIS INC 2817 CONCESSION SUPPLIES 06/27/11 0 062211 120.56 100.44.6110 1106 062211 GLJ2281 120.56 062211 11060572 100 47 2637 BREMER, CURTIS H 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 130.00 100.47.5110 1106 062111 GLJ2276 130.00 062111 11060996 100 03 2636 BRENNAN, DAN 6/14/11 MOWING SERVICES 06/27/11 0 062211 910.00 100.03.5110 1106 062211 GLJ2281 910.00 062211 11060997 100 03 2636 BRENNAN, DAN 6/7/11MOWING SERVICES 06/27/11 0 062211 1,260.00 100.03.5110 1106 062211 GLJ2281 1260.00 062211 11060998 100 03 2636 BRENNAN, DAN 6/1/11MOWING SERVICES 06/27/11 0 062211 895.00 100.03.5110 1106 062211 GLJ2281 895.00 062211 11060573 100 47 2651 BROWN, PAUL 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 92.00 100.47.5110 1106 062111 GLJ2276 92.00 062111 11060999 100 45 2758 BURRIS EQUIPMENT COMPANY PL72142 MOWER PART 06/27/11 0 062211 83.37 100.45.5370 1106 062211 GLJ2281 83.37 062211 11061000 l00 01 3007 CAREY ELECTRIC 25338 ELECTRICAL SERVICE WORK 06/27/11 0 062211 352.00 100.01.5110 1106 062211 GLJ2281 352.00 062211 11061001 100 01 3007 CAREY ELECTRIC 25326 ELECTRICAL SERVICE WORK 06/27/11 0 062211 241.00 100.01.5110 1106 062211 GLJ2281 241.00 062211 11061002 100 XXXXX 3015 CARQUEST AUTO PARTS STOR MAY 2011 VEHICLE REPAIR PARTS 06/27/11 0 062211 369.75 100.22.5370 1106 062211 GLJ2281 271.15 062211 100.33.5370 1106 062211 GLJ2281 98.60 062211 11061003 620 00 3135 COW GOVERNMENT INC XQS9785 APC SMART UPS 06/27/11 0 062211 884.95 620.00.6110 1106 062211 GLJ2282 884.95 062211 11061004 100 41 1 CERNY, ANA PARKS PROGRAM.REFUND 06/27/11 0 062211 28.00 100.41.3636 1106 062211 GLJ2282 28.00 062211 11061005 100 00 2 CHURCH OF HOLY APOSTLES REFUND PERMIT #11-05-079 06/27/11 0 062211 30.00 100.00.3410 1106 062211 GLJ2282 30.00 062211 11061006 100 33 3509 COMCAST CABLE 6/12-7/11 INTERNET SERVICE 06/27/11 0 062211 50.03 100.33.5320 1106 062211 GLJ2282 50.03 062211 11061007 510 XXXXX 3509 COMCAST CABLE 6/12-7/11 INTERNET SERVICE 06/27/11 0 062211 25.76 510.31.5320 1106 062211 GLJ2282 22.73 062211 510.32.5320 1106 062211 GLJ2282 3.03 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ---------------------------------------------------------------------------------------------------------------------------------- 11061008 100 XXXXX 3538 CONNEY SAFETY PRODUCTS 3932357 FIRST AID SUPPLIES 06/27/11 0 062211 355.58 100.42.6110 1106 062211 GLJ2282 88.90 062211 100.43.6110 1106 062211 GLJ2282 88.90 062211 100.46.6110 1106 062211 GLJ2282 88.89 062211 100.47.6110 1106 062211 GLJ2282 88.89 062211 11061009 100 41 3539 CONSERV FS 1462974 TREE MARKING PAINT 06/27/11 0 062211 42.60 100.41.6950 1106 062211 GLJ2282 42.60 062211 11061063 100 01 3559 COUNTY CLERKS OFFICE HOPP NOTARY COMMISSION RENEWAL 06/27/11 O 062211 10.00 100.01.6940 1106 062211 GLJ2283 10.00 062211 11061010 100 33 3742 CURRAN CONTRACTING COMPA 75912 MATERIALS 06/27/11 0 062211 734.40 100.33.6110 1106 062211 GLJ2282 734.40 062211 11061011 510 31 3742 CURRAN CONTRACTING COMPA 75912 MATERIALS 06/27/11 0 062211 730.83 510.31.6110 1106 062211 GLJ2282 730.83 062211 11061012 100 41 3753 CUSTOM LANDSCAPING 1626 TREES 06/27/11 0 062211 6,410.00 100.41.6950 1106 062211 GLJ2282 6410.00 062211 11061013 510 32 4004 D'ANGELO NATURAL SPRING MAY 2011 BOTTLED DISTILLED WATER 06/27/11 0 062211 54.25 510.32.6110 1106 062211 GLJ2282 54.25 062211 11060574 100 47 4146 DELISI, PHIL 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 200.00 100.47.5110 1106 062111 GLJ2276 200.00 062111 11061014 100 41 1 DONAHUE, ALLISON PARKS PROGRAM REFUND 06/27/11 O 062211 38.00 100.41.3637 1106 062211 GLJ2282 38.00 062211 11061015 100 22 4556 DONS CLEANERS 5210 UNIFORM CLEANING 06/27/11 0 062211 55.90 100.22.4510 1106 062211 GLJ2282 55.90 062211 11061016 100 45 4760 DURA WAX COMPANY INC, TH 349750CLF-ANING SUPPLIES 06/27/11 0 062211 153.95 100.45.6110 1106 062211 GLJ2282 153.95 062211 11061017 510 32 5050 EAST JORDAN IRON WORKS 3379431 SUPPLIES 06/27/11 0 062211 600.00 510.32.6110 1106 062211 GLJ2282 600.00 062211 11061018 510 31 5107 ED'S RENTAL & SALES INC 11666 EQUIPMENT RENTAL 06/27/11 O 062211 45.00 510.31.6110 1106 062211 GLJ2282 45.00 062211 11061019 100 22 6026 FAMILY TAILOR SHOP MAY 2011 UNIFORM ALTERATION 06/27/11 0 062211 31.00 100.22.4510 1106 062211 GLJ2282 31.00 062211 11061020 100 45 6029 FAST EDDIES CAR WASH 6/2/11VEHICLE WASH 06/27/11 0 062211 14.95 100.45.5370 1106 062211 GLJ2282 14.95 062211 11061021 100 22 7 FELIPE-PINEDA, ROGELIO 11-7585 REFUND BAIL BOND ADMIN FEE 06/27/11 0 062211 30.00 100.22.3536 1106 062211 GLJ2282 30.00 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11061022 100 22 6390 FLESCH COMPANY INC, GORD 1ADS3000PIER MAINTENANCE 06/27/11 0 062211 78.05 100.22.5110 1106 062211 GLJ2282 78.05 062211 11060575 100 47 6554 FOWLER, JEFF R 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 115.00 100.47.5110 1106 062111 GLJ2276 115.00 062111 11060576 100 47 6648 FREUND, VICTOR 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 75.00 100.47.5110 1106 062111 GLJ2276 75.00 062111 11061024 100 43 7281 G IMPRESSIONS INC 10-001844 SIGNS 06/27/11 0 062211 50.00 100.43.6110 1106 062211 GLJ2282 50.00 062211 11061025 100 01 7281 G IMPRESSIONS INC 10-001841 TRUCK DECALS 06/27/11 O 062211 230.00 100.01.6110 1106 062211 GLJ2282 230.00 062211 11061023 610 00 7050 GALLAGHER RISK MANAGEMEN 548766NOTARY BOND 06/27/11 0 062211 30.00 610.00.5960 1106 062211 GLJ2282 30.00 062211 11061026 100 44 7535 GOLD MEDAL PRODUCTS 228847CONCESSIONS SUPPIES 06/27/11 0 062211 1,522,28 100.44.6110 1106 062211 GLJ2282 1522.28 062211 11061027 100 44 7535 GOLD MEDAL PRODUCTS 228489CONCESSIONS SUPPIES 06/27/11 0 062211 674.91 100.44.6110 1106 062211 GLJ2282 674.91 062211 11061028 100 44 7535 GOLD MEDAL PRODUCTS 2292300ONCESSIONS SUPPIES 06/27/11 0 062211 293.41 100.44.6110 1106 062211 GLJ2282 293.41 062211 11061029 100 41 1 GORDON, JEAN PARKS PROGRAM REFUND 06/27/11 O 062211 34.00 100.41.3634 1106 062211 GLJ2282 34.00 062211 11061030 100 04 7558 GOVERNMENT FINANCE OFFIC 175702MEM13ERSHIP RENEWAL 06/27/11 0 062211 75.00 100.04.5410 1106 062211 GLJ2282 75.00 062211 11061031 100 01 7749 GURDA, ART FACADE IMPROVEMENT GRANT 06/27/11 0 062211 2,000.00 MCH POWER EQUIPMENT 100.01.4220 1106 062211 GLJ2282 2000.00 062211 100-LDMKCOM 11061032 100 41 8022 HARM'S FARM 17092 MULCH 06/27/11 0 062211 34.90 100.41.6950 1106 062211 GLJ2282 34.90 062211 11061033 100 41 8022 HARM'S FARM 17103 MULCH 06/27/11 0 062211 55.84 100.41.6950 1106 062211 GLJ2282 55.84 062211 11061034 510 31 8042 HAWKINS INC 3225122 CHEMICALS 06/27/11 0 062211 3,240.57 510.31.6110 1106 062211 GLJ2282 3240.57 062211 11061035 100 41 1 HERNDON, SUSAN PARKS PROGRAM REFUND 06/27/11 0 062211 69.00 100.41.3636 1106 062211 GLJ2282 69.00 062211 11061036 100 41 1 HOFFMAN, PAM PARKS PROGRAM REFUND 06/27/11 0 062211 48.00 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ---------------------------------------------------------------------------------------------------------------------------------- 100.41.3636 1106 062211 GLJ2282 48.00 062211 11061037 100 22 8523 HOJNACKI, DALE CLOTHING ALLOWANCE REIMB 06/27/11 0 062211 219.82 100.22.4510 1106 062211 GLJ2282 219.82 062211 11061038 100 22 8545 HP SHOOTING CENTER INC MPODO511 SHOOTING RANGE RENTAL 06/27/11 0 062211 90.00 100.22.5110 1106 062211 GLJ2282 90.00 062211 11061039 100 01 8650 HRGREEN 73915 ZONING MAP UPGRADES 06/27/11 0 062211 548.00 100.01.5110 1106 062211 GLJ2282 548.00 062211 11061040 740 00 8650 HRGREEN 74486 SHOPS AT FOX RIVER 06/27/11 0 062211 706.81 740.00.5220 1106 062211 GLJ2262 706.81 062211 11061041 580 32 8650 HRGREEN 74489 SEWER SYSTEM IMPROVEMENTS 06/27/11 0 062211 4,325.00 580.32.8500 1106 062211 GLJ2282 4325.00 062211 580-SWWTP 11061042 580 32 8650 HRGREEN 73916 SEWER SYSTEM IMPROVEMENTS 06/27/11 0 062211 3,920.00 580.32.8500 1106 062211 GLJ2282 3920.00 062211 580-SWWTP 11061043 580 32 8650 HRGREEN 73976 SEWER SYSTEM UPGRADES 06/27/11 0 062211 17,669.14 580.32.8500 1106 062211 GLJ2282 17669.14 062211 580-CWWSWW 11061044 580 32 8650 HRGREEN 74437 SEWER SYSTEM UPGRADES 06/27/11 0 062211 12,834.12 580.32.8500 1106 062211 GLJ2282 12834.12 062211 580-CWWSWW 11061045 510 32 8650 HRGREEN 74436 NPDES PERMIT RENEWAL 06/27/11 0 062211 512.00 510.32.5110 1106 062211 GLJ2282 512.00 062211 11061046 510 32 8650 HRGREEN 73981 NPDES PERMIT RENEWAL 06/27/11 0 062211 1,848.00 510.32.5110 1106 062211 GLJ2282 1848.00 062211 11061047 100 03 9004 IACE 7/13/11 TRAINING FEE 06/27/11 0 062211 35.00 100.03.5430 1106 062211 GLJ2282 35.00 062211 11061048 100 22 9413 ILLINOIS STATE POLICE FINGERPRINT FEE 06/27/11 0 062211 20.00 GARDEN QUARTER VOLUNTEER 100.22.6210 1106 062211 GLJ2282 20.00 062211 11061049 100 01 9498 INFANTES LANDSCAPING 4639 RIVERSIDE DR LANDSCAPE SERVICE 06/27/11 0 062211 850.00 100.01.5110 1106 062211 GLJ2282 850.00 062211 11061050 100 46 10300 JIMANOS PIZZERIA 6/10/11 DAY CAMP PIZZAS 06/27/11 0 062211 48.00 100.46.6110 1106 062211 GLJ2282 48.00 062211 11061051 100 22 11025 KALE UNIFORMS INC 557460EMPLOYEE UNIFORMS 06/27/11 0 062211 73.00 100.22.4510 1106 062211 GLJ2282 73.00 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11061052 100 22 11025 KALE UNIFORMS INC 557458EMPLOYEE UNIFORMS 06/27/11 0 062211 59.00 100.22.4510 1106 062211 GLJ2282 59.00 062211 11061053 100 22 11025 KALE UNIFORMS INC 557459EMPLOYBE UNIFORMS 06/27/11 0 062211 80.00 100.22.4510 1106 062211 GLJ2282 80.00 062211 11061054 100 22 11025 KALE UNIFORMS INC 557455EMPLOYEE UNIFORMS 06/27/11 0 062211 40.50 100.22.4510 1106 062211 GLJ2282 40.50 062211 11061055 100 22 11025 KALE UNIFORMS INC 558289EMPLOYEE UNIFORMS 06/27/11 0 062211 127.69 100.22.4510 1106 062211 GLJ2282 127.69 062211 11061060 100 41 1 KAUNAS, MARJORIE PARKS PROGRAM REFUND 06/27/11 0 062211 68.00 100.41.3634 1106 062211 GLJ2282 68.00 062211 11061056 100 42 11285 KIEFER & ASSOC, ADOLPH 1722847 SUPPLIES 06/27/11 0 062211 250.29 100.42.6110 1106 062211 GLJ2282 250.29 062211 11061057 100 33 11286 KIMBALL MIDWEST 1984094 SUPPLIES 06/27/11 0 062211 90.58 100.33.5370 1106 062211 GLJ2282 102.15 062211 100.33.5370 1106 062211 GLJ2282 EARLY PAY DISCOUNT 11.57CR 062211 11061058 100 33 11286 KIMBALL MIDWEST 1976141 SUPPLIES 06/27/11 0 062211 101.85 100.33.5370 1106 062211 GLJ2282 112.48 062211 100.33.5370 1106 062211 GLJ2282 EARLY PAY DISCOUNT 10.63CR 062211 11061059 100 41 1 KONTOMICHALOS, TAMMI PARKS PROGRAM REFUND 06/27/11 0 062211 58.00 100.41.3636 1106 062211 GLJ2282 58.00 062211 11060963 100 01 12026 LAKESIDE PEST CONTROL SE 64089 PEST CONTROL SERVICES 06/27/11 0 062211 110.00 100.01.5110 1106 062211 GLJ2281 110.00 062211 11060964 205 00 9428 LAMBERT, FRANCES B 5935 MISS MCHENRY SASHES 06/27/11 0 062211 175.00 205.00.6940 1106 062211 GLJ2281 175.00 062211 11060965 100 22 12017 LANG PONTIAC-CADILLAC-SU 91582 VEHICLE REPAIR PARTS 06/27/11 0 062211 269.65 100.22.5370 1106 062211 GLJ2281 269.65 062211 11060966 100 41 1 LAWSON, ERIN PARKS PROGRAM REFUND 06/27/11 0 062211 17.00 100.41.3634 1106 062211 GLJ2281 17.00 062211 11060967 100 33 12142 LEACH ENTERPRISES INC 763731VEHICLE REPAIR PARTS 06/27/11 0 062211 33.72 100.33.5370 1106 062211 GLJ2281 33.72 062211 11060968 100 33 12142 LEACH ENTERPRISES INC 763771VEHICLE REPAIR PARTS 06/27/11 0 062211 33.89 100.33.5370 1106 062211 GLJ2281 33.89 062211 11060969 100 22 12134 LEADSONLINE 219048SUBSCRIPTION 06/27/11 0 062211 2,578.00 100.22.5110 1106 062211 GLJ2281 2578.00 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060667 100 22 16015 MARATHON TOWING 16716 VEHICLE TOWING SERVICES 06/27/11 0 062211 250.00 100.22.5110 1106 062211 GLJ2277 250.00 062211 11060668 100 02 13038 MARYS FLOWERS & GIFTS 2011615 MEMORIAL FLOWERS 06/27/11 0 062211 110.00 100.02.6940 1106 062211 GLJ2277 110.00 062211 11060577 100 47 13045 MAZZUCA, JOE 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 184.00 100.47.5110 1106 062111 GLJ2276 184.00 062111 11060950 510 31 14246 MCHENRY ANALYTICAL WATER 27605 WATER SAMPLE ANALYSIS 06/27/11 0 062211 60.00 510.31.5110 1106 062211 GLJ2281 60.00 062211 11060951 510 31 14246 MCHENRY ANALYTICAL WATER 1102477 WATER SAMPLE ANALYSIS 06/27/11 0 062211 390.00 510.31.5110 1106 062211 GLJ2281 390.00 062211 11060952 260 00 14276 MCHENRY COMMUNITY HIGH S MAY 2011 OPERATING FEES 06/27/11 0 062211 829.00 260.00.6970 1106 062211 GLJ2281 829.00 062211 11060953 260 00 14275 MCHENRY COMMUNITY SCHOOL MAY 2011 OPERATING FEES 06/27/11 0 062211 1,175.00 260.00.6970 1106 062211 GLJ2281 1175.00 062211 11060955 100 01 14296 MCHENRY COUNTY COUNCIL 0 16 ANNUAL DUES 06/27/11 0 062211 7,207.65 100.01.5410 1106 062211 GLJ2281 7207.65 062211 11060956 100 33 14266 MCHENRY FIRESTONE 18087 FLAT TIRE REPAIRS 06/27/11 0 062211 30.00 100.33.5370 1106 062211 GLJ2281 30.00 062211 11060957 100 45 14266 MCHENRY FIRESTONE 18074 TIRE REPAIR 06/27/11 0 062211 18.00 100.45.5370 1106 062211 GLJ2281 18.00 062211 11060958 100 45 14266 MCHENRY FIRESTONE 18072 INNER TUBE 06/27/11 0 062211 19.99 100.45.6110 1106 062211 GLJ2281 19.99 062211 11060959 100 45 14269 MCHENRY POWER EQUIPMENT 20645 SUPPLIES 06/27/11 0 062211 9.50 100.45.6110 1106 062211 GLJ2281 9.50 062211 11060960 100 45 14269 MCHENRY POWER EQUIPMENT 19904 SUPPLIES 06/27/11 0 062211 7.24 100.45.6110 1106 062211 GLJ2281 7.24 062211 11060954 260 00 14270 MCHENRY PUBLIC LIBRARY MAY 2011 OPERATING FEES 06/27/11 0 062211 69.00 260.00.6980 1106 062211 GLJ2281 69.00 062211 11060961 510 32 14424 MCMASTER-CARR SUPPLY CO 87049468 SUPPLIES 06/27/11 0 062211 429.78 510.32.6110 1106 062211 GLJ2281 429.78 062211 11060962 510 32 14424 MCMASTER-CARR SUPPLY CO 87507127 SUPPLIES 06/27/11 0 062211 337.20 510.32.6110 1106 062211 GLJ2281 337.20 062211 11060669 100 33 13140 MEADE ELECTRIC COMPANY I 650811TRAFFIC SIGNAL MAINTENANCE 06/27/11 O 062211 184.81 100.33.6110 1106 062211 GLJ2277 184.81 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060670 205 00 13154 MERKEL, MARISA MISS MCHENRY EXPENSE REIMB 06/27/11 0 062211 110.88 205.00.6940 1106 062211 GLJ2277 110.88 062211 11060941 100 04 13291 MINUTEMAN PRESS OF MCH 75128 DIAL A RIDE VOUCHERS 06/27/11 0 062211 161.36 100.04.5330 1106 062211 GLJ2281 161.36 062211 11060942 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 75129 STOCK PRINTED FORMS 06/27/11 0 062211 1,159.39 100.00.6210 1106 062211 GLJ2281 695.63 062211 100.04.6210 1106 062211 GLJ2281 463.76 062211 11060943 100 01 13291 MINUTEMAN PRESS OF MCH 75086 PETERSEN FARM EVENT HANDOUTS 06/27/11 0 062211 201.75 100.01.4220 1106 062211 GLJ2281 201.75 062211 100-LDMKCOM 11060944 100 01 13291 MINUTEMAN PRESS OF MCH 74903 PLACEMATS-PRESERVATION MONTH 06/27/11 0 062211 171.22 100.01.4220 1106 062211 GLJ2281 171.22 062211 100-LDMK^_OM 11060945 100 02 13291 MINUTEMAN PRESS OF MCH 75103 BUSINESS CARDS 06/27/11 0 062211 36.50 100.02.5330 1106 062211 GLJ2281 36.50 062211 11060946 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 75101 STOCK PRINTED FORMS 06/27/11 0 062211 633.71 100.03.6210 1106 062211 GLJ2281 63.38 062211 100.00.6210 1106 062211 GLJ2281 570.33 062211 11060578 100 47 13534 MOORE, KEVIN 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 102.00 100.47.5110 1106 062111 GLJ2276 102.00 062111 11060947 100 22 13548 MORITZ, SHERRIE CLOTHING ALLOWANCE REIMB 06/27/11 0 062211 109.49 100.22.4510 1106 062211 GLJ2281 109.49 062211 11060948 270 00 13543 MORTON ARBORETUM, THE 689122ICE CONTROL MATERIALS 06/27/11 V 062211 .00 11061062 270 00 13537 MORTON SALT 689122ICE CONTROL MATERIALS 06/27/11 0 062211 30,988.56 270.00.6110 1106 062211 GLJ2283 30988.56 062211 11060949 100 47 13800 MYERS-SCHMITZ, CAROL 6142011 PARKS PROGRAM INSTRUCTOR 06/27/11 0 062211 162.00 100.47.5110 1106 062211 GLJ2281 162.00 062211 11060661 100 41 1 NELSON, JOAN PARKS PROGRAM REFUND 06/27/11 0 062211 46.00 100.41.3637 1106 062211 GLJ2277 46.00 062211 11060662 740 00 15144 NEUMANN JR, EDWARD J JULY 2011 PARKING LOT RENTAL 06/27/11 0 062211 500.00 740.00.6960 1106 062211 GLJ2277 500.00 062211 11060663 100 41 1 NOONAN, CAREY PARKS PROGARM REFUND 06/27/11 0 062211 69.00 100.41,3636 1106 062211 GLJ2277 69.00 062211 11060664 100 45 15548 NORTHERN KEY & LOCK INC 76634 LOCK REPAIRS 06/27/11 O 062211 146.00 100.45.6110 1106 062211 GLJ2277 146.00 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060665 100 41 15556 NORTHWEST HERALD 39623 SUBSCRIPTION 06/27/11 0 062211 235.00 100.41.5450 1106 062211 GLJ2277 235.00 062211 11060666 100 22 15556 NORTHWEST HERALD 67497 SUBSCRIPTION 06/27/11 0 062211 235.00 100.22.5450 1106 062211 GLJ2277 235.00 062211 11060656 100 41 1 OLVERA-RYAN, JENNIFER PARKS PROGRAM REFUND 06/27/11 0 062211 97.50 100.41.3634 1106 062211 GLJ2277 97.50 062211 11060657 100 XXXXX 16636 ORIENTAL TRADING CO INC 645113025 SUPPLIES 06/27/11 0 062211 91.99 100.46.6110 1106 062211 GLJ2277 21.85 062211 100.42.6110 1106 062211 GLJ2277 9.20 062211 100.42.6920 1106 062211 GLJ2277 60.94 062211 11060658 100 01 16716 OTTOSEN BRITZ KELLY COOP 50976 PROFESSIONAL SERVICES 06/27/11 O 062211 666.00 100.01.5230 1106 062211 GLJ2277 666.00 062211 11060659 100 41 1 OWEN, DAWN PARKS PROGRAM REFUND 06/27/11 0 062211 38.00 100.41.3636 1106 062211 GLJ2277 38.00 062211 11060631 100 44 17156 PEPSI BEVERAGE COMPANY 27001010 CONCESSION SUPPLIES 06/27/11 0 062211 1,537.29 100.44.6110 1106 062211 GLJ2277 1537.29 062211 11060632 100 44 17156 PEPSI BEVERAGE COMPANY 52102671 CONCESSION SUPPLIES 06/27/11 0 062211 539.31 100.44.6110 1106 062211 GLJ2277 539.31 062211 11060633 100 03 2532 PETROLIANCE LLC 9023109 VEHICLE FUEL 06/27/11 0 062211 62.70 100.03.6250 1106 062211 GLJ2277 62.70 062211 11060634 100 03 2532 PETROLIANCE LLC 9022315 VEHICLE FUEL 06/27/11 O 062211 191.45 100.03.6250 1106 062211 GLJ2277 191.45 062211 11060635 100 03 2532 PETROLIANCE LLC 9023105 FUEL INVOICE ADJUSTMENT 06/27/11 0 062211 96.69- 100.03.6250 1106 062211 GLJ2277 96.69CR 062211 11060636 100 03 2532 PETROLIANCE LLC 9019163 VEHICLE FUEL 06/27/11 0 062211 153.63 100.03.6250 1106 062211 GLJ2277 153.63 062211 11060637 510 31 2532 PETROLIANCE LLC 9016138 VEHICLE FUEL 06/27/11 0 062211 589.96 510.31.6250 1106 062211 GLJ2277 589.96 062211 11060638 100 XXXXX 2532 PETROLIANCE LLC 9019167 VEHICLE FUEL 06/27/11 0 062211 563.18 100.33.6250 1106 062211 GLJ2277 465.95 062211 100.01.6250 1106 062211 GLJ2277 97.23 062211 11060639 100 22 2532 PETROLIANCE LLC 9016141 VEHICLE FUEL 06/27/11 0 062211 3,795.64 100.22.6250 1106 062211 GLJ2277 3795.64 062211 11060640 100 22 2532 PETROLIANCE LLC 9012958 VEHICLE FUEL 06/27/11 0 062211 2,926.83 100.22.6250 1106 062211 GLJ2277 2926.83 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060641 100 45 2532 PETROLIANCE LLC 9012956 VEHICLE FUEL 06/27/11 0 062211 576.97 100.45.6250 1106 062211 GLJ2277 576.97 062211 11060642 100 45 2532 PETROLIANCE LLC 9019166 VEHICLE FUEL 06/27/11 0 062211 502.95 100.45.6250 1106 062211 GLJ2277 502.95 062211 11060643 100 45 2532 PETROLIANCE LLC 9022318 VEHICLE FUEL 06/27/11 0 062211 495.11 100.45.6250 1106 062211 GLJ2277 495.11 062211 11060644 510 31 2532 PETROLIANCE LLC 9019165 VEHICLE FUEL 06/27/11 0 062211 200.83 510.31.6250 1106 062211 GLJ2277 200.83 062211 11060645 100 22 17154 PETTIBONE & CO, P F 22905 EMPLOYEE UNIFORM ITEMS 06/27/11 0 062211 10.00 100.22.4510 1106 062211 GLJ2277 10.00 062211 11060646 100 22 17154 PETTIBONE & CO, P F 22941 EMPLOYEE UNIFORM ITEMS 06/27/11 0 062211 26.99 100.22.4510 1106 062211 GLJ2277 26.99 062211 11060647 100 XXXXX 17295 PITNEY BOWES INC 562527POSTAGE METER RENTAL 06/27/11 0 062211 198.33 100.01.5310 1106 062211 GLJ2277 28.33 062211 100.02.5310 1106 062211 GLJ2277 28.3Y 062211 100.03.5310 1106 062211 GLJ2277 28.33 062211 100.04.5310 1106 062211 GLJ2277 28.33 062211 100.22.5310 1106 062211 GLJ2277 28.34 062211 100.30.5310 1106 062211 GLJ2277 28.33 062211 100.41.5310 1106 062211 GLJ2277 28.33 062211 11060648 510 XXXXX 17295 PITNEY BOWES INC 562527POSTAGE METER RENTAL 06/27/11 0 062211 56.67 510.31.5310 1106 062211 GLJ2277 28.34 062211 510.32.5310 1106 062211 GLJ2277 28.33 062211 11060649 100 22 17547 PORTER LEE CORPORATION 10499 SUPPLIES 06/27/11 0 062211 232.00 100.22.6210 1106 062211 GLJ2277 232.00 062211 11060650 100 22 17632 PRATHER, PAUL 6/7-9/11 TRAINING EXPENSE REIMB 06/27/11 0 062211 18.74 100.22.5420 1106 062211 GLJ2277 18.74 062211 11060651 100 22 17640 PRECISION SERVICE & PART 06-123263 VEHICLE REPAIR PARTS 06/27/11 0 062211 296.99 100.22.5370 1106 062211 GLJ2277 296.99 062211 11060652 100 33 17641 PRECISION SHARPENING 5/2/11BLADE SHARPENING SERVICE 06/27/11 0 062211 36.00 100.33.6110 1106 062211 GLJ2277 36.00 062211 11060653 100 47 17655 PRO PLAYER CONSULTANTS I T-BALLPARKS PROGRAM INSTUCTOR 06/27/11 0 062211 1,665.00 100.47.5110 1106 062211 GLJ2277 1665.00 062211 11060654 100 00 18742 QUILL CORPORATION 4670246 STOCK OFFICE SUPPLIES 06/27/11 0 062211 85.68 100.00.6210 1106 062211 GLJ2277 85.68 062211 11060655 100 00 18742 QUILL CORPORATION 4669981 STOCK OFFICE SUPPLIES 06/27/11 0 062211 165.39 100.00.6210 1106 062211 GLJ2277 165.39 062211 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 12 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ----------------------------------------------------------------------------------------------------------------- 11060622 620 00 19022 RAXCO SOFTWARE 144475SERVER SOFTWARE 06/27/11 0 062211 1,657.58 620.00.5110 1106 062211 GLJ2277 1657.58 062211 11060623 100 45 19155 REINDERS INC 1344117 SUPPLIES 06/27/11 0 062211 75.37 100.45.6110 1106 062211 GLJ2277 75.37 062211 11060624 100 45 19155 REINDERS INC 1339595 VEHICLE PARTS 06/27/11 0 062211 496.98 100.45.5370 1106 062211 GLJ2277 496.98 062211 11060625 100 45 19155 REINDERS INC 4207006 VEHICLE PARTS 06/27/11 0 062211 338.10 100.45.5370 1106 062211 GLJ2277 338.10 062211 11060626 100 46 19281 RICCI, DONNA SUPPLIES REIMB 06/27/11 0 062211 37.57 100.46.6110 1106 062211 GLJ2277 37.57 062211 11060627 100 46 19284 RICHMOND FISHERIES 6/10/11 FISHING DERBY SUPPLIES 06/27/11 0 062211 1,000.00 100.46.6920 1106 062211 GLJ2277 1000.00 062211 11060628 100 47 20354 ROCKALL, KRISTIAN 02-009PARKS PROGRAM INSTRUCTOR 06/27/11 0 062211 1,820.00 100.47.5110 1106 062211 GLJ2277 1820.00 062211 11060629 510 32 19766 RUZICKA, RUSSELL 5/16-20/11TRAINING EXPENSE REIMB 06/27/11 0 062211 624.60 510.32.5430 1106 062211 GLJ2277 624.60 062211 11060608 100 XXXXX 20015 SAM'S CLUB MAY/JUNE SUPPLIES 06/27/11 0 062111 844.60 100.41.6110 1106 062111 GLJ2276 22.83 062111 100.42.6110 1106 062111 GLJ2276 29.36 062111 100.44.6110 1106 062111 GLJ2276 777.73 062111 100.47.6110 1106 062111 GLJ2276 14.68 062111 11060609 100 01 20088 SCHAFER, PAT PHOTO COPY EXPENSE REIMB 06/27/11 0 062111 15.61 100.01.4220 1106 062111 GLJ2276 15.61 062111 100-LDMKCOM 11060610 100 01 20088 SCHAFER, PAT SUPPLIES REIMB 06/27/11 0 062111 62.25 100.01.4220 1106 062111 GLJ2276 62.25 062111 100-LDMKCOM 11060611 100 01 20088 SCHAFER, PAT REIMB FOR HARMS FARM PURCHASES 06/27/11 0 062111 116.02 100.01.4220 1106 062111 GLJ2276 116.02 062111 100-LDMKCOM 11060612 100 47 20097 SCHWEITZER, BRIAN H 523621PARKS PROGRAM INSTRUCTOR 06/27/11 0 062111 405.00 100.47.5110 1106 062111 GLJ2276 405.00 062111 11060613 100 47 20097 SCHWEITZER, BRIAN H 7/12/11 RIVER RUN TIMER/STARTER 06/27/11 0 062111 150.00 100.47.6920 1106 062111 GLJ2276 150.00 062111 11060614 100 01 20151 SECRETARY OF STATE/INDEX MCKEENNOTARY COMMISSION RENEWAL 06/27/11 0 062111 10.00 100.01.6940 1106 062111 GLJ2276 10.00 062111 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060615 100 01 20160 SERVICEMASTER BY DIDIER 888110CLEANING SERVICE 06/27/11 0 062111 504.00 100.01.5110 1106 062111 GLJ2276 504.00 062111 11060630 100 42 20251 SHANAHAN, MICHAEL L 5/23-7/16 SWIM TEAM INSTRUCTOR 06/27/11 0 062211 4,500.00 100.42.5110 1106 062211 GLJ2277 4500.00 062211 11060616 100 01 20250 SHERMAN MECHANICAL INC S53123CLIMATE CONTROL REPAIRS 06/27/11 0 062111 782.70 100.01.5110 1106 062111 GLJ2276 782.70 062111 11060617 100 45 2670 SPORTS SUPPLY GROUP INC 94032660 SUPPLIES 06/27/11 0 062111 185.30 100.45.6110 1106 062111 GLJ2276 185.30 062111 11060618 100 03 20707 STAN'S FINANCIAL SERVICE 12648 LEASE PYMT-LARGE FORMAT COPIER 06/27/11 0 062111 222.00 100.03.5110 11080352 1106 062111 GLJ2276 LARGE FORMAT COPIER/SCAN 222.00 062111 222.00 11060619 100 XXXXX 20711 STAPLES ADVANTAGE 8018827230OFFICE SUPPLIES 06/27/11 0 062111 292.15 100.00.6210 1106 062111 GLJ2276 621.96CR 062111 100.04.6210 1106 062111 GLJ2276 59.54 062111 100.03.6210 1106 062111 GLJ2276 185.29 062111 100.22.6210 1106 062111 GLJ2276 252.18 062111 100.41.6210 1106 062111 GLJ2276 55.96 062111 100.00.6210 1106 062111 GLJ2276 24.39 062111 100.02.6210 1106 062111 GLJ2276 6.98 062111 100.04.6210 1106 062111 GLJ2276 39.34 062111 100.22.6210 1106 062111 GLJ2276 290.43 062111 11060620 510 31 20711 STAPLES ADVANTAGE 8018827230OFFICE SUPPLIES 06/27/11 0 062111 68.99 510.31.6210 1106 062111 GLJ2276 68.99 062111 11060621 510 31 20719 STEINER ELECTRIC COMPANY S003622940SUPPLIES 06/27/11 0 062111 474.29 510.31.6110 1106 062111 GLJ2276 474.29 062111 11060579 100 47 20718 STERWERF, JASON 5/23-6/10 SOFTBALL UMPIRE SERVICES 06/27/11 0 062111 46.00 100.47.5110 1106 062111 GLJ2276 46.00 062111 11060602 100 22 7 TARTER, TODD REFUND POLICE APPLICATION FEE 06/27/11 0 062111 25.00 100.22.3535 1106 062111 GLJ2276 25.00 062111 11060603 100 33 21247 THELEN MATERIALS LLC 262219MATERIALS 06/27/11 0 062111 296.30 100.33.6110 1106 062111 GLJ2276 296.30 062111 11060604 100 45 21254 THOMAS TRUCKING INC, KEN 910548MULCH 06/27/11 0 062111 772.50 100.45.6110 1106 062111 GLJ2276 772.50 062111 11060605 100 45 21254 THOMAS TRUCKING INC, KEN 804840MULCH 06/27/11 0 062111 772.50 100.45.6110 1106 062111 GLJ2276 772.50 062111 11060606 100 46 21535 TONYAN, LUCY 6/9/11PARKS PROGRAM INSTRUCTOR 06/27/11 0 062111 54.00 100.46.5110 1106 062111 GLJ2276 54.00 062111 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 14 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11060607 100 33 21632 TRAFFIC CONTROL & PROTEC 69451 STREET SIGNS 06/27/11 O 062111 286.64 100.33.6110 1106 062111 GLJ2276 286.64 062111 11060587 100 22 22396 ULTRA STROBE COMMUNICAIT 7115 VEHICLE EQUIPMENT 06/27/11 0 062111 250.00 100.22.5370 1106 062111 GLJ2276 250.00 062111 11060588 100 22 22396 ULTRA STROBE COMMUNICAIT 7195 VEHICLE REPAIR PARTS 06/27/11 0 062111 25.00 100.22.5370 1106 062111 GLJ2276 25.00 062111 11060589 100 22 22396 ULTRA STROBE COMMUNICAIT 7206 VEHICLE REPAIR PARTS 06/27/11 0 062111 64.95 100.22.5370 1106 062111 GLJ2276 64.95 062111 11060590 100 22 22396 ULTRA STROBE COMMUNICAIT 7208 VEHICLE EQUIPMENT 06/27/11 0 062111 225.88 100.22.5370 1106 062111 GLJ2276 225.88 062111 11060591 100 XXXXX 22497 UNITED PARCEL SERVICE 60X48241 UPS CHARGES 06/27/11 0 062111 32.40 100.04.5310 1106 062111 GLJ2276 10.00 062111 100.22.5310 1106 062111 GLJ2276 22.40 062111 11060592 100 22 22503 UNITROL / STINGER SPIKE 93972568 VEHICLE EQUIPMENT 06/27/11 0 062111 106.00 100.22.5370 1106 062111 GLJ2276 106.00 062111 11060593 510 31 22669 USA BLUEBOOK 395764SUPPLIES 06/27/11 O 062111 114.94 510.31.6110 1106 062111 GLJ2276 114.94 062111 11060594 510 31 22669 USA BLUEBOOK 403856SUPPLIES 06/27/11 0 062111 252.60 510.31.6110 1106 062111 GLJ2276 252.60 062111 11060595 510 31 22669 USA BLUEBOOK 415867SUPPLIES 06/27/11 O 062111 55.99 510.31.6110 1106 062111 GLJ2276 55.99 062111 11060596 510 31 22669 USA BLUEBOOK 415871SUPPLIES 06/27/11 0 062111 42.70 510.31.6110 1106 062111 GLJ2276 42.70 062111 11060597 100 47 3661 VALLEY VIEW ACRES 9596 PARKS PROGRAM INSTRUCTOR 06/27/11 0 062111 425.00 100.47.5110 1106 062111 GLJ2276 425.00 062111 11060598 510 31 23152 VERIZON WIRELESS 2583219611MOBILE BROADBAND - GIS 06/27/11 0 062111 45.13 510.31.5320 1106 062111 GLJ2276 45.13 062111 11060599 620 00 23152 VERIZON WIRELESS 2581798991MOBILE BROADBAND 06/27/11 0 062111 44.02 620.00.5320 1106 062111 GLJ2276 44.02 062111 11060600 XXXXX XXXXX 23152 VERIZON WIRELESS 2581798990CELL PHONE USAGE 06/27/11 0 062111 1,568.13 100.01.5320 1106 062111 GLJ2276 195.35 062111 100.02.5320 1106 062111 GLJ2276 59.44 062111 100.03.5320 1106 062111 GLJ2276 107.19 062111 100.22.5320 1106 062111 GLJ2276 689.37 062111 100.30.5320 1106 062111 GLJ2276 33.62 062111 100.33.5320 1106 062111 GLJ2276 263.80 062111 100.41.5320 1106 062111 GLJ2276 70.48 062111 DATE 6/22/2011 02:33 PM CITY OF MCHENRY PAGE 15 LIST OF BILLS COUNCIL MEETING 6/27/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.45.5320 1106 062111 GLJ2276 68.42 062111 100.46.5320 1106 062111 GLJ2276 18.61 062111 100.47.5320 1106 062111 GLJ2276 3.32 062111 620.00.5320 1106 062111 GLJ2276 58.53 062111 11060601 510 XXXXX 23152 VERIZON WIRELESS 2581798990CELL PHONE USAGE 06/27/11 0 062111 128.01 510.31.5320 1106 062111 GLJ2276 98.24 062111 510.32.5320 1106 062111 GLJ2276 29.77 062111 11060584 100 41 1 WATSON, LINDA PARKS PROGARM REFUND 06/27/11 O 062111 48.00 100.41.3637 1106 062111 GLJ2276 48.00 062111 11060585 510 XXXXX 5 WEYDE, BILL 1005510206WATER BILL OVERPAYMENT REFU 06/27/11 O 062111 88.89 510.220 1106 062111 GLJ2276 88.89 062111 11060586 100 41 1 WILSON, LINDA PARKS PROGRAM REFUND 06/27/11 0 062111 17.00 100.41.3634 1106 062111 GLJ2276 17.00 062111 11060580 100 46 27010 ZAHN, DAN 6/8/11PARKS PROGRAM INSTRUCTOR 06/27/11 0 062111 387.00 100.46.5110 1106 062111 GLJ2276 387.00 062111 11060581 100 46 27010 ZAHN, DAN 6/10/11 PARKS PROGRAM INSTRUCTOR 06/27/11 0 062111 105.00 100.46.5110 1106 062111 GLJ2276 105.00 062111 11060582 100 01 27765 ZUKOWSKI ROGERS FLOOD & 93740 LEGAL FEES - CORP 06/27/11 0 062111 6,075.00 100.01.5230 1106 062111 GLJ2276 6075.00 062111 11060583 100 01 27765 ZUKOWSKI ROGERS FLOOD & 93741 LEGAL FEES - JOHNSTON 06/27/11 0 062111 1,325.09 100.01.5230 1106 062111 GLJ2276 1325.09 062111 EXPENDED LIQUID ACCRUAL GRAND TOTALS 182,297.54 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 85,757.53 222.00 205 PAGEANT FUND 285.88 260 ANNEXATION FUND 2,073.00 270 MOTOR FUEL TAX FUND 30,988.56 440 CAPITAL IMPROVEMENTS FUND 1,520.43 510 WATER/SEWER FUND 18,937.09 580 UTILITY IMPROVEMENTS FUND 38,748.26 610 RISK MANAGEMENT FUND 30.00 620 INFORMATION TECHNOLOGY FUND 2,749.98 740 RETAINED PERSONNEL ESCROW 1,206.81 **** 182,297.54 222.00 CONSENT AGENDA TO: Mayor and City Council FROM: John Jones, Chief of Police FOR: June 13t', 2011 Regular City Council Meeting RE: Police Vehicle and Equipment Purchase ATTACHMENTS: 1. Landmark Ford—Springfield Stock Sheet 2. Options and Order Form Background: The recently approved 2011/12 Capital Equipment Fund includes $185,000 for the purchase of new police squad cars. At this point, we are looking to purchase four (4) squads to replace the highest mileage squad cars in the fleet,which would be squads 314 (Approx 118,000 miles), 324 (Approx. 119,000 miles), 326 (Approx 114,000 miles) and 327 (Approx. 106,000). Additionally, the squads that are being replaced are available to be sold after the transition of the equipment, and a small portion of the above costs will be recovered. Analysis: The State of Illinois Purchasing Program through Landmark Ford in Springfield offers 2011 Ford Crown Victoria Police Squad for a standard package price of $21,693. We would need additional options added to this price as well as additional emergency lighting to make the squads more visible, thereby reducing the likelihood of squad involved accidents. A breakdown of this equipment is as follows: Squad Base Price $21,693 Options from Dealer 859 Police Striping 600 Conversion of Equipment(UltraStrobe—Crystal Lake) 1,500 Additional Emergency Lighting 1,000 In-Squad Video Cameras 5,400 Total $31,052 Recommendation: Staff requests City Council authorization to purchase and equip four(4) Ford Crown Victoria Police Cars for a price not to exceed $31,052 per car for a total not to exceed $124,208 from Landmark Ford in Springfield, Illinois. ADDITIONAL OPTIONS AND ORDER FORM PLEASE ENTER THE FOLLOWING FORD FLEET NUMBER Quantity CONTACT NAME 44 PHONE NUMBER PURCHASE ORDER NUMBER STATE TAX EXEMPT NUMBER Check desired options Check desired options Cd Rom Service Manual 245.00 Engine Hour Meter 215.00 Service Manual Paper 185.00 12" Push Bumper 456.00 X Pass Air Bag Shutoff Switch 165.00 16" Push Bumper 482.00 Led Trunk Lights Red & Blue 375.00 Scotch Guard 95.00 X Deliver Multiple Units, Each 185.00 All Weather Rubber Floor Mats 78.00 Deliver One Unit 200.00 Undercoat 185.00 Sliding Trunk Tray 598.00 Rustproof& Undercoat 289.00 Extended Service Contract 5 r or 75k 720.00 Moulded Mud Flaps 186.00 Remote Starter 576.00 ABS Chrome trim rings plastic 95.00 4" Flashing Trunk Lights 266.00 Splash Guards 125.00 Patriot Plastic Rear Seat 489.00 3 Outlet Power Supply" 138.00 _ Legend light bar installed 2084.00 X Rear Wig Wag 104.00 Code 3 light bar installed 2129.00 Sound Off Dome Light 91.00 Low Profile Supervisor Code 3 1325.00 Patriot Prisoner Partition 695.00 Win man Rear Code 3 1326.00 Trunk Air Circulation Fan 225.00 Control Box For Above Lights 358.00 License, title, &fees police plate 165.00 X Keyed alike 225.00 X License transfer, title, &fees 180.00 Colors Patriot Window Armour 397.00 Silver Birch Two Left Setina Window Barriers 345.00 WHITE Twenty Two coming in Interior X Black Ten coming in X Charcoal Black PAYMENT REQUIRED AT TIME OF DELIVERY CALL ABOUT MUNICIPAL FINANCING PAGE 2 i 41,00 IN STOCK 2011 CROWNVICTORIA POLICE INTERCEPTOR PACKAGE IN STOCK Call LYLE SNOW (800) 798-9912 Email ylesnow0msn.com STANDARD PACKAGE $21,693.00 AIR CONDITIONER FRONT-SIDE AIR BAGS DUAL AIR BAGS WIG WAG HEADLIGHTS POWER WINDOWS 4.6L V8 FFV ENGINE BUCKET SEAT VINYL REAR BENCH POWER LOCKS POWER REMOTE CONTROL MIRRORS HEAVY DUTY FRAME HEATED MIRRORS DUAL EXHAUST STAINLESS STEEL AM/FM STEREO ADDITIONAL DOME LIGHT INTERVAL WIPERS TINTED GLASS REAR DEFROSTER 6" LEFT HAND SPOTLIGHT POLICE SUSPENSION ENGINE OIL COOLER 200 AMP GENERATOR DOOR LIGHT SWITCHES FAIL SAFE COOLING INOPERATIVE 750 CCA BATTERY CALIBRATED SPEEDOMETER RADIO NOISE SUPPRESSION TILT WHEEL HUB CAPS ANTI-LOCK BRAKES 17" TIRES AND WHEELS RUBBER FLOORING POWER DRIVERS SEAT IGNITION OVERRIDE SECURE IDLE FRONT BODY MOULDINGS IN TRUNK TRACTION CONTROL REAR DOOR HANDLES INOPERABLE 327 LIMITEDSLIP REAR AXLE REAR DOOR LOCKS INOPERABLE DELETE REAR WINDOW SWITCHES POLICE PIG TAIL POWER ADJUSTABLE PEDALS HUB CAPS "WE WILL GIVE TOP DOLLAR FOR YOUR USED POLICE VEHICLES" PAGE 1 I , r� AGENDA SUPPLEMENT , TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: June 27, 2011 Regular City Council Meeting RE: Honorary Street Sign Application for Donald P. Doherty ATT: Resolution designating the intersection of Green Street and Pearl Street as an honorary street entitled"Honorary Donald P. Doherty Drive" Honorary Street Sign Application for Donald P. Doherty Background. The City Council has approved eleven honorary street sign applications since the inception of the program in 2005,the last of which was last month for Patty Vavrik. Analysis. Attached is an honorary street sign application for Don Doherty submitted by his daughter Carmel Ray on behalf of her and all her siblings. Don Doherty has lived on Green Street for 60 years and has been an active member of the community for most of his life. He owned and operated Bolger Drugs on Green Street for nearly three decades. Don served as Mayor of the City of Mchenry for 12 years and as a McHenry County Board member for 25 years. To this day he remains an active and engaged member of the community. To be considered, the proposed honoree is required to meet the following criteria: historical/cultural influence on the city, significant lineage or family ties to the city, clear geographical relationship of street to the area of interest of the applicant, known to be of good moral character, and a clearly defined community or public contribution made by the honoree. Recommendation. Approval of a resolution designating the corner of Green Street and Pearl Street"Honorary Donald P. Doherty Drive". RESOLUTION NO. R-11- A RESOLUTION DESIGNATING THE INTERSECTION OF GREEN STREET AND PEARL STREET AS AN HONORARY STREET ENTITLED HONORARY DONALD P. DOHERTY DRIVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council has established the Honorary Street Sign Policy and Program to honor individuals from the City of McHenry who have contributed significantly to the City of McHenry or our society in general through cultural, historical or humanitarian acts; and WHEREAS, the City Council has considered the evidence and recommendation and finds that the approval of the application for the honorary street designation of Donald P. Doherty Drive at the intersection of Green Street and Pearl Street is consistent with the criteria set forth in the Honorary Street Sign Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,AS FOLLOWS: SECTION 1: That the intersection of Green Street and Pearl Street be granted the honorary street designation of"Honorary Donald P. Doherty Drive". SECTION 2: That an honorary street sign entitled"Honorary Donald P. Doherty Drive" shall be posted at the intersection of Green Street and Pearl Street. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. This 27th Day of June, 2011. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: MAYOR ATTEST: CITY CLERK f 1 3 APPLICANT NAME: amad J 1- . c� k e- PHONE NO.: 6 3 10+ADDRESS: J y 10 Aj ,S-f'; NAME OF HONOREE: (as it would appear on sign)-b onct ro boh e e-4t4 EXISTING STREET NAME: - 4e4rS C_+'©n oT �L' o1 J tat REQUESTED SIGN LOCATION(intersection): G e e,,. puje CRITERIA FOR DESIGNATION PLEASE COMPLETE THE FOLLOWING CRITERIA, WHICH ARE USED IN THE EVALUATION FOR EACH REQUEST FOR AN HONORARY STREET SIGN. USE ADDITIONAL PAPER IF REQUIRED. IN ADDITION, HONOREE MUST BE OF GOOD MORAL CHARACTER. HISTORICAL AND/OR CULTURAL INFLUENCE OF THE HONOREE ON THE CITY: MOU4 Q r- IJ e-tA e-4 &VI 4-o lot 75 PROVIDE PROOF OF SIGNIFICANT LINEAGE OR FAMILY TIES TO THE CITY: H C via 5 ioDrn i ,N act oLoA 7) E � �CA Lf c ESTABLISH CLEAR GEOGRAPHICAL RELATIONSHIP OF STREET TO THE AREA OF INTEREST OF THE APPLICANT: --- � e, eS e a. l(4 S+ for ��c,t,•�r- � ti C-�-�S . �e. Wa��-e-c� t�c1s �- C e 2 4�ks- ' c(-� n n.w re s k-U, cvvv +S 'kl\`s vvEN' )1e' o,n S+ . CLEARLY DEFINED COMMUNITY OR PUBLIC CONTRIBUTION MADE BY THE HONOREE. CC) AIA c.�r CA r�1 u��I� -e - -- _bus� ,�e..s s ©�.,• �� �.�r- - 2� y ��.�-s l�- J 5-ems-J- -S -4-lq �1 Ck S ll j y1 �- aW1pvt u h 1 e CL d e y/ i!1'tllC.� S : %no�,4,e- J � � a,j e -� l-, ; r�-� tom.c�ti�r�' w ✓SA- r� tA- Gc ✓" G�'� tf +f-cLu e l e C� +77- V l s �t o L S e. +o c�S Mat 5+ O e r s 4 �c> Ck- S �a S 'Z�, m LA, c CkS i s G`n t h e `}-In e_ c 1 1 n Vie- Ges rv�v�r�i 0.v��1 5 cAmt r ck �J 1 cc�' e r. e YAck S �3C.SSe_Cj 6 e1 h e \ IVN le(n) ,r 7`r- ri C 'e- ' 3 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 27, 2011 Regular City Council Meeting RE: Request for Sign Variance for Safari Childcare located at 2214 W Route 120 ATT: Letter from Christina Hochstatter,Marketing Safari Childcare Picture of Sign Background. Attached is a letter from Christina Hochstatter, marketing manager for Safari Childcare, requesting a sign variance to allow additional wall signage at 2214 W Route 120. Currently, they do not have any wall signage, solely a freestanding sign which they share with Subway, the other tenant in the strip center. Analysis. By ordinance the applicant is permitted two wall signs totaling no more than 136.,- square feet. They are proposing three wall signs totaling 134 square feet. Staff believes the signs are aesthetically-pleasing and will not detract from the center. Additionally, their business occupies a potential of three tenant frontages, which would typically result in three wall signs. Recommendation. Approval of the sign variance as presented. - Jun 09 2011 2: 08PM HP LASERJET FAX 847-991 -3055 p. 1 01 t2ass To: City of McHenry Variance for Wall Sign- Safari Childcare We would like to go for a variance on the wall sign that we would like t4 have put on our building in McHenry. According to the sign ordinance information found in the Zoning Ordinance for the City of McHenry County,for an inline tenant,one wall sign is permitted for 1.5 square feet per foot of tenant frontage. if the tenant is located in a corner unit(which we are),they are allowed a maximum of two signs. Safari Childcare's building has 90.4 ft of frontage broken down into three parts due to the construction of the building. The break down from left to right is 30', 274", and 33. Together we are allowed 135 sq.f:L for two signs. Due to the fact that our tenant frontage is broken into three (3) separate elevations,we are forced to condense our message and are unable to utilize the 'allowable square footage',per the Zoning Ordinance for the City of McHenry. The signage we are proposing would still meet the square footage allowance of 235 square feet,but there would be one sign portion per elevation. The sign portion on the left and right elevations would be 3'x 13' at the most and the signage on the middle elevation would be 27"x 25'. In addition to utilizing our allowable sign square footage,the signage spread amongst the three (3) separate elevations creates a more aesthetically balanced presentation. We at Safari Childcare thank you very much for your time and consideration. Christina Hwhstader Markeling (847)991-3090 ext. 2103 COCIP! Childcare We heo*4m prepare for the jungle cat there www.safarichildcare.com 7.i.2e, �' � +•.,mac P-- d" _ y kr�; �k I#� �x' � �e� ¢' ,y f A � r.yr,,k r -L',JTrii•'v?7f{3'R`f;,p 4iz � �a �5,'L `" i• .es yr �j' off; �����'"�'�'s� e4' ,y `g �s t 51, 7� "M? yr- �• `� �.� t K �� l v� n ! aw La ,Ev N s k ' � W4 yy Ml � a Y ,SAate, r� r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 27, 2011 Regular City Council Meeting RE: Request for Sign Variance for Greater Elgin Family Care Center ATT: Letter from Robert M. Tanner President/CEO Greater Elgin Family Care Center dated 5/24/11 Letter from Mark S. Cooper President McHenry Insurance Services dated 4/25/11 Picture of Existing Freestanding Sign Background. Greater Elgin Family Care Center is requesting a temporary sign variance to use the sign owned by McHenry Insurance Services at the southeast corner of Mercy Drive and Illinois Route 31, for a period of six months from October 2011 through March 2012, to direct people to their new location. The healthcare building is currently under construction at 3901 Mercy Drive. Analysis. The city's ordinance prohibits off-site advertising and staff generally does not support these types of requests. However in this instance, the sign being utilized is existing and the request is temporary to make people aware of the new health facility. The words "Health Center"with an arrow pointing towards the new building would be displayed on the freestanding sign. Greater Elgin initially requested a permanent off-site sign but staff indicated they would not support this so a compromise, which staff was comfortable supporting, was reached. Greater Elgin did contact the Illinois Department of Transportation (IDOT) seeking a small brown permanent directional sign to be placed in the Illinois Route 31 right-of-way but IDOT did not grant the request. Recommendation. Approval of the sign variance as presented. 8"" Greater Elgin Family Care Center May 24, 2011 Mr. Douglas P. Martin Deputy City Administrator City of McHenry 333 S. Green Street McHenry, IL 60050 Re: Temporary relief from sign ordinance Dear Mr. Martin: Per our telephone conversation earlier today, Greater Elgin Family Care Center is seeking temporary(October 1, 2011 —March 31, 2012) relief from a provision of the City of McHenry's sign ordinance that prohibits any sign advertising a product, service or business that is not located on the premises upon which said sign is located. Greater Elgin Family Care Center is seeking this temporary relief regarding its McHenry Community Health Center(MCHC), a new primary health care facility under construction at the east end of a cul de sac at 3901 Mercy Drive. McHenry Community Health Center will provide primary health care to the City's and area's uninsured, publicly insured and under-insured residents, regardless of their ability to pay, upon its opening in October, 2011. MCHC has received permission from Steve Cooper of McHenry Insurance Services to use their existing pole sign (at the southeast corner of Route 31 and Mercy Drive)to provide directional information of MCHC for community residents who are attempting to access this new Health Center. Our intent is for the sign to read "Health Center"with an arrow pointing to the east. Please see Mr. Cooper's support letter, attached. Further, Alderman Wimmer has indicated his support of our request and I encourage you to contact him to discuss our request. Though MCHC will have its own monument and building signage on its property at 3901 Mercy Drive, use of Mr. Cooper's existing pole sign at the corner of Route 31 and Mercy Drive will more-readily refer community residents to the Health Center and ensure that local residents are aware of the health services made available to them via McHenry Community Health Center. 370 Summit St. • 450 Dundee Ave. • 860 Summit St. • 901 Center St. Elgin, Illinois 60120 x Phone: (847) 608-1344 �` Fax: 847 608-0672 0 Fax: 84 608-6775 0 Fax: 84 841-6739 • Fax: 84 695-4662 UnibedWag We realize that our request commands a$175 application fee and we are prepared to provide that fee upon acceptance of our request and receipt of an invoice. We also realize that requesting such relief is a serious consideration for the City of McHenry and we appreciate that consideration. I am, of course, available to field any questions/concerns regarding our request. I can be reached at 847.608.6068 and btanner@gefcc.org. Thank you for your consideration, and we hope that our request for temporary relief is granted. Respectfully, XIOKIZ� Robert M. Tanner, MSW, ACSW, LCSW, MBA President/CEO cc: Rich Wallach, IFF McHenry Insurance Services MR�rq, .1 ALL FORMS OF INSURANCE 904 So. Rt. 31 11,.11 .oV 1..11 McHenry, Illinols 60050 Phone(815)385-8660 Fax (815)385-8727 April 25, 2011 To Whom it May Concern, I represent ownership of the property at the Southeast Corner of Mercy Drive and Route 31 in McHenry known as McHenry Insurance Services. We have a pole sign facing Route 31 and are happy to provide space on the sign for use as directional signage for the new McHenry Community Health Center located at the end of the Mercy Drive cul-de- sac. We understand the Center is requesting a variance to allow their signage to be placed on property off of their own site., We support the tenter's efforts to do so, Pleas let me know if there is anything else you need me to provide. Sincerely, Mark S. Cooper President MC/sac a' - /�i�%� ilX�� d\/ 2� \�2 y&n � \\��•�\^ � r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: June 27, 2011 Regular City Council Meeting RE: Request for Sign Variance for V.F.W. located at 3002 W Route 120 ATT: Letter from James Carroll,Manager Picture of Sign Background. Attached is a letter from James Carroll, manager of the V.F.W. Veterans Club located at 3002 West Route 120 requesting a temporary sign variance to allow two 24-square foot feather banners to be displayed on their property indicating they are open to the public. The V.F.W. is also requesting waiver of the $175 sign variance fee. By ordinance temporary signs are permitted, cannot exceed 32 square feet, and have a maximum display period of 30 days and a maximum cumulative total of 60 days per calendar year. Not- for-profit organizations are permitted to display a temporary sign without a permit however the proposed feather banners exceed the permitted height by four feet and the time duration of 15 days prior and three days following the event. Analysis. The V.F.W. has been struggling financially and needs assistance to attract customers and inform them they are open to the general public. When driving west on Route 120 it is difficult to see the existing freestanding sign due to its location, height, color, and existing vegetation inhibiting a clear view. Staff does not have any problems with the request to display the banners for a period of three months and if desired the V.F.W. can reapply for a variance next year. The V.F.W. is an integral part of the city and the city benefits in many ways from its presence. The V.F.W. hosts and supports numerous community events, including the McHenry Baseball Association, soldier homecomings and events for Veterans, Kiwanis events, Montini Bingo, etc. The city has had a good working relationship over the years with the V.F.W. and staff believes this request will have community benefits beyond the attraction of the general public to the V.F.W. Staff is agreeable to the request to waive the $175 sign application fee and the $60 permit fee. Recommendation. Approval of the temporary sign variance as presented, including waiver of all associated fees, with the following conditions: • Banners are replaced if they become worn and tattered; • Banners are not located in public right-of-way at any time; and • Banners must be removed no later than October 1, 2011. V.F.W. Veterans Club, Inc. 3002 W. Route 120,McHenry,IL. 60051-4571 Phone: 815-385-4553,Fax: 815-385-6011 13 June 2011 McHenry City Council 333 South Green Street McHenry,IL 60050 RE: Petition for Relief from Sign Regulation To McHenry City Council, The VFW Post 4600 has been a long time supporter and sponsor to hundreds of community events over the years (Crime Stop Bingo, Shop with a Cop,Kiwanis, McHenry Baseball Association, Soldiers Homecomings, Fiesta Day, Benefits for McHenry Residence, etc...) all of which benefit our community. In the past several years we have suffered financial hardships, and are attempting to turn things around. As such, we have recently purchased two 12' feather flags (see attached photograph) in order to further identify the entrance to the VFW and notify the public that the McHenry VFW is Open to the Public. In the short time that they've been up (at the entrance of our property and on our property),the VFW has received nothing but praise on how nice they look and how they help to identify our entrance. Not a day goes by that the VFW staff doesn't receive a phone call from baseball parents from other towns, bingo patrons,veterans, etc... looking for directions to our location. Due to the three large trees within the easement, our marquee is not visible to traffic travelling west on 120,traffic coming from the east will see it only after their upon it,resulting in a potential accident waiting to happen. We are not able to handle the expense of buying a new marquee,removing and relocating the trees, so purchasing these feather flags were a temporary fix at a fraction of the cost. If we are to survive as an organization, identifying our location and getting the word out that we are open to the public is paramount to our survival. Within the sign ordinance,under Relief, the council shall grant such relief if it finds that such relief: a. Will not be materially detrimental to the public welfare or injurious to other property in the vicinity; (the flags do not) b. Will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood. (they will not) C. Shall not give the property owner or business an unfair advantage over a similar business (there are no other non for profit businesses in the area). d. Will not cause a hazard to the public's safety by being distracting because of size, location, or being located in the rights-of-way. (they will not). Additionally,we request that the City of McHenry waive the$175.00 application fee. If you need additional information regarding this matter,please contact me at 815-385-4600. We greatly appreciate the support the City of McHenry's community has given our Veterans Organizations throughout the years of our existence and look forward to many more. Yo Truly Jam . Carroll ge l � � , I. �,J'tftr /... �� �Y �� ,���� ' '�V/TSB`;.".;C�� /. _ �T f , f �d . -� � � ���� ' �;; Vie,: r��� ��ai k �'� 1 n ��r��" r �i �( �,i 'r \� / � � ��. � 1/� � R�X.�syxx� � i o- 4s ,4�� �� i � ,, _ #y / � r :, _ k ._., s ,. _ ..- ' .. 1 ,. ' i � � J ,.v AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works FOR: June 27, 2011 Regular City Council Meeting RE: Water Treatment Plant#2 ATTACHMENTS: HR Green, Inc. Professional Services Agreement Background. Water Treatment Plant #2 located on Beach Road treats raw water from wells #5 and #6. The treatment plant removes iron and manganese from the raw water prior to the addition of chorine, fluoride and poly phosphate. The plant became operational in 1978 with a design capacity of 1,500 gallon per minute (gpm). In 2000 the filter media and the header piping were replaced inside the pressure filters. Within the past several years metal patches were installed on the pressure filters in an effort to prolong the life expectancy of the treatment plant. The pressure filter's metal has fatigued to a point where replacement is needed. Analysis. The 2011/12 Capital Improvement Program includes funding for the design, engineering, and construction to remodel Water Treatment Plant #2. HR Green has submitted a Professional Services Agreement for design and bidding services to remodel Water Treatment Plant #2 for an amount not to exceed$175,000. The renovation will replace the existing pressure filters with gravity filters similar to Water Treatment Plant #1 located on Green Street. The design will include new chemical feed systems, high services pumps, a standby generator and pump replacements in wells #5 and #6. HR Green will also prepare a technical memorandum to evaluate and recommend possible changes to the overall water distribution system in regards to chlorine disinfection. The funding source for the professional services agreement is the Utility Improvement Fund FY 2011/12 budget. Recommendation. Staff requests City Council approval of the attached Professional Services Agreement from HR Green, Inc. for renovation of Water Treatment Plant#2 in an amount not to exceed $175,000.00. HRGreen PROFESSIONAL SERVICES AGREEMENT For City of McHenry Water Treatment Plant#2 Improvements Design and Bidding Services Mr. Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: 815-363-2186 Chad Pieper, P.E. —City Engineer Mark Hardie, P.E. - Project Manager HR Green 420 North Front Street McHenry, Illinois 60050 86110107 June 14, 2011 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS I. Professional Services Agreement City of McHenry V TP#2 Improvements June 27,2011 Page 1 of 13 THIS AGREEMENT is between the City of McHenry (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"), 1.0 Project Understanding HR Green (COMPANY) is contracting with the City of McHenry (CLIENT) to develop design documents for upgrading the Water Treatment Plant#2 located on Beach Road in the City of McHenry. Per the direction of the client, the design of the Water Treatment Plant Facility included in this contract will be based on gravity filters contained in a packaged treatment plant incorporating aeration, detention, and filtration in a single unit. This treatment scheme allows for a simplified building structure to house this equipment. The plant upgrades will be designed to treat 1,200 gpm using two treatment trains of 600 gpm each. Chemical feed systems included in the design will include chlorine, phosphate, and fluoride. High service pumps at the effluent of the gravity filtration plant will be used to pump the water to the distribution system and will match existing system pressures. A new standby generator will be sized to run the plant and will replace the existing generator. Building improvements will be performed to house the following components: 1. Packaged treatment plant including filtration, aeration, detention (2 units). 2. Chemical feed systems. 3. High service pump area. 4. Electrical room including space for a new standby generator. The existing backwash waste basin will be reused and integrated with the new equipment. Well pumps 5 and 6 will be replaced with new lower horsepower pumps sized to pump to the new plant in lieu of the distribution system pressures. A technical memorandum will be prepared at the start of preliminary design to provide a conceptual layout of the proposed equipment and building envelope requirements. A detailed Engineer's Opinion of Probable Cost (EOPC) will be prepared based on this preliminary layout. A second technical memorandum will be prepared to evaluate the overall system wide practices regarding disinfection and how the proposed improvements at Water Treatment Plant #2 will be integrated into the system. Currently, some plants are producing a disinfection residual utilizing chloramines and others are utilizing a free chlorine residual and the CLIENT desires a recommendation as to whether this practice should continue or if the system should be changed to use only one or the other. The presence of ammonia in the groundwater supply dictates which type of residual is produced and the varying concentrations found in the CLIENTs wells complicates this issue. This technical memorandum will provide recommendations on how to address this issue and whether the new plant should have chemical feed systems in place to either add or remove ammonia to match the overall objective of the system. 2.0 Scope of Services COMPANY has been retained by the CLIENT to provide engineering assistance to design and provide bidding services for these water system improvements. Preliminary and final Professional Services Agreement City of McHenry WTP#2 improvements June 27,2011 Page 2 of 13 design and bidding services will be termed Phase 1 services. Phase 1 services can be further broken down into five stages: 1) Stage A will consist of the preparation of the technical memorandums outlining the conceptual design of the improvements(Technical Memorandums), 2) Stage B will bring the project to approximately 30% completion (Schematic Design), 3) Stage C will bring the project to 60% completion (Design Development), 4) Stage D will bring the project to 100% completion (Construction Documents), and 5) Stage E will provide Bidding Assistance services. PHASE 1 — PRELIMINARY AND FINAL DESIGN, AND BIDDING SERVICES A. General Work. 1. Project Kickoff. Conduct a project initiation meeting to clarify the CLIENT's requirements for the project, review the project staffing and organization, and present the initial work plan and schedule. 2. Gather Data. Collect additional historic operations data, construction drawings, and previous reports and correspondence related to permit issues. Gather basic survey information regarding the topography, site conditions, and existing utilities of the proposed plant site. 3. Regulatory Agency Coordination. Provide coordination with the Illinois Environmental Protection Agency(IEPA) during the project to discuss the changes to the treatment process and review basis of design. 4. Project Management. Provide on-going Project Management for this design phase of the project during its duration. The schematic design phase of this project is expected to be complete within two (2) months. The Final Design Phase(design development, construction documents, and design completion) of the project is expected to be complete within three(3) months. The bidding phase is expected to be completed within two (2) months after completion of the design phase. 5. Prepare procurement documents (optional). If required by project timelines or other circumstances, COMPANY will provide the documents necessary to procure the equipment ahead of bidding. COMPANY will work with CLIENT staff as needed to accurately collect and review bids on the process equipment. 6. Prepare Cost Opinion. Develop a preliminary and final opinion of probable construction cost for the work based on the scope, schedule, and anticipated job site conditions. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through all design phases and communicate trends with the CLIENT. 7. QC Review. The QC review will include a review within each discipline as well as a review of the project across discipline lines. The review will focus on issues of consistency, presentation, organization, completeness, clarity, coordination, constructability, and cost effectiveness of the deliverables. (Assume reviews at 30%, 60%, and 90% design.) Professional Services Agreement City of McHenry WTP#2 Improvements June 27,2011 Page 3 of 13 B. Stage A—Technical Memorandums. Purpose of this phase is to provide a conceptual design of the proposed improvements and provide a preliminary Engineers Opinion of Probable Cost, 1. Technical Memorandum#1. Prepare a technical memorandum (TM) to provide a conceptual layout of the proposed equipment and building envelope requirements. Provide equipment layouts to make sure the proposed equipment will fit in the space provided. Develop a strict construction sequence to allow the plant to remain in operation during construction. This TM will determine the extent of renovations at existing plant versus a new building and/or building additions. Submit copies to the CLIENT for review in advance of the design review meeting. Gain concurrence from CLIENT to proceed to Schematic Design. 2. Technical Memorandum#2. Prepare a technical memorandum to evaluate the overall system wide practices regarding disinfection and how the proposed improvements at Water Treatment Plant#2 will be integrated into the system. C. Stage B -Schematic Design(30%). The purpose of this level of design is to use the data and guidelines developed in the technical memorandum, develop and evaluate alternative design concepts, and agree upon a single design concept. The end products from this task will include preliminary drawings,which will provide sufficient information for CLIENT and regulatory agency review and design team coordination and review. COMPANY will conduct a design review meeting with the CLIENT and gain concurrence with Schematic Design prior to the conclusion of this task. Speck work activities and deliverables from this task are identified below: 1. Sitework. Schematic design work will include the following activities: • Starting with approved concepts from the technical memorandum, prepare site design layouts.This will include development of structure size, location and orientation; layout of roadways and definition of maneuvering requirements; evaluation of flood plain impacts and restraints; and location of utility and piping corridors. • If necessary, coordinate geotechnical investigation with firm that is hired by the CLIENT. The geotechnical firm will provide a report summarizing the geotechnical conditions and subsurface design requirements of the areas where new structures will be located. • Topographic design survey of project areas. The survey will include establishment of horizontal and vertical control and topography. 2. Water Treatment Plant. Schematic design work will include the following activities: • Develop a final hydraulic profile and identify any issues. • Develop the size and layout of process equipment Develop a list of equipment and names of preferred and alternate manufacturers. • Develop structural and architectural concepts for structures and buildings. Develop preliminary architectural floor plans. Identify preliminary structural framing. Professional Services Agreement City of McHenry WTP#2 improvements June 27,2011 Page 4 of 93 • Identify major electrical equipment and develop a power distribution function diagram. • Prepare preliminary process and instrumentation diagrams (P&IDs)for treatment facilities. • Develop preliminary heating, ventilation and air conditioning (HVAC) and plumbing concepts. • Develop demolition extents of existing structures and modifications needed for reuse if applicable. 5. Schematic Design Review. Complete an internal quality control(QC)review of the schematic design and make recommended changes as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. Conduct a Schematic Design review meeting to discuss the recommended Water Treatment Plant Improvements. Five(5) copies of the schematic design documents will be forwarded to the CLIENT for review in advance of the meeting. In addition,the following activities will be completed and discussed at the meeting, • Review a preliminary opinion of probable construction cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through the schematic design phases. • Review a preliminary plan for sequence of construction of new facilities and improvements to existing plant facilities. D. Stage C- Design Development(60%). The purpose of this phase of design is to utilize the decisions that were made in the previous phase to further develop the project design. Structures, equipment, major plant piping, process and site plan are all finalized during this phase to allow final detailing in the next phase of design. Specific activities, and work products from this phase include the following. t. Civil/Process Design. • Prepare a final site plan including locations of existing and proposed structures, buildings, and roads. Structure floor levels and finished grades will be finalized. • Prepare preliminary site grading drawings and prepare storm water control concepts. • Layout the preliminary yard piping and plant drain systems. Identify corridors for smaller piping and other utilities. • Develop process equipment and piping plans. • Prepare draft specifications for major process equipment. 2. Architectural Design. • Confirm building floor plans developed in the previous phase with process, structural, electrical and mechanical designers. Add architectural dimensioning and detail. • Develop preliminary building elevations. • Develop architectural wall sections for all types of construction showing basic elevations and details. Professional Services Agreement City of McHenry WT€'#2 improvements June 27,2011 Page 5 of 13 3. Structural Design. • Establish foundation design criteria for proposed facilities based on the geotechnical report. Prepare the sub-structure structural design. • Prepare the super-structure structural design for building. • Prepare the structural design for other major structures. 4. Electrical and Control System Design. • Develop motor control center layouts and elevations for all areas. • Prepare interior lighting plan of areas within building. • Develop preliminary P&IDs for sub-systems. 5. Mechanical Design. • Prepare a preliminary plumbing layout. • Develop major mechanical equipment specifications. • Prepare a preliminary plumbing design. • Prepare a preliminary fire protection design. 6. Design Development Review. Complete an internal quality control (QC) review of the design and make recommended changes as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. Conduct a review meeting to review the recommended improvements. Five (5) copies of the design documents will be provided to the CLIENT. In addition, the following activities will be completed and discussed at the review meeting: • Complete a constructability review to verify the proposed methods of construction and establish the durations needed for construction activities. • Update the preliminary opinion of probable construction cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through this point of project completion. • Gain concurrence from CLIENT prior to proceeding to next phase. E. Stage D-Construction Documents(100%). This phase of final design consists of adding final details to the drawings and completing the specifications. Information developed in previous phases of final design is used to develop final contract documents in this phase. Specific activities and work products from this phase are described below: 1. Civil/Process Design. • Prepare the remaining civil/process specifications for the project. • Complete civil/process details and drawings for all areas. 2. Architectural Design. • Finalize building sections including complete wall sections and details and flashing and parapet wall details. • Finalize building elevations. Professional Services Agreement City of McHenry WTp#2 Improvements June 27,2011 Page 8 of 13 + Complete architectural drawings, schedules-and details. Prepare architectural specifications. 3. Structural Design. • Prepare structural specifications. • Finalize structural design and details for the structure. 4. Electrical and Control System Design. • Prepare electrical site plans. • Prepare power distribution one4ine diagrams for new equipment. • Complete electrical power plans for each proposed building. • Prepare panel board schedules for each proposed building. • Prepare electrical and control system specifications. • Prepare a lighting fixture schedule. • Finalize P&IDs and an input/output signal list for Al new systems. • Prepare instrument details for new equipment. 5. Mechanical Design. • Finalize the HVAC design and details. • Finalize the plumbing and fire protection design. • Prepare mechanical specifications. 6. Construction Documents Review. Complete an internal quality control (QC) review of the design and make recommended changes as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. Conduct a review meeting to review the recommended Water Treatment Plant Expansion. Five (5) copies of the design documents will be provided to the CLIENT. In addition, the following activities will be completed and discussed at the review meeting. • Update the preliminary opinion of probable construction cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through this point of project completion. 7. Design Completion. In this phase of the project, the construction documents are reviewed by the CLIENT and prepared for advertisement. Specific activities and work products from this phase are described below. • Assemble the final drawings, specifications and EOPC and distribute them to CLIENT staff for final review. • Collect CLIENT review comments and incorporate them into final bid documents. • Prepare and file applications for permits with regulatory agencies having jurisdiction, and participate in consultations with regulatory agencies. • Attend Council meetings when requested by the CLIENT, and discuss progress of the Project. • Prepare contract agreement forms for incorporation in the contract documents and for review and approval by CLIENT, its legal counsel, and other advisors. Said contract agreement forms shall include, but not Professional Services Agreement City of McHenry WTP#2 Improvements June 27,2011 Page 7 of 13 necessarily be limited to, general specifications, bid forms, invitations to bidders, and instructions to bidders. • Submit two sets each of final bid documents to the CLIENT and IEPA. • Finalize the opinion of probable construction cost based on final project quantities. Develop latest cost trends for the project. F. Stage E - Bidding Assistance. After authorization to proceed with the bidding phase, COMPANY shall: 1. Assume one Bidding Phase. 2. Print the required number of plans, specifications, and contract documents for distribution to prospective bidders, contractors,the subcontractors, and material/equipment suppliers. As directed by CLIENT, drawings and specifications can be distributed electronically in pdf format in compact disc(CD), 3. Assist the CLIENT in advertising for and obtaining bids for construction, receive and process deposits for bidding documents, and maintain a record of prospective bidders to whom bid documents have been issued. 4. Issue Addenda as appropriate to interpret, clarify or expand bidding documents. 5. Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the Contractor for those portions of the work where such acceptability is required by the bidding documents. 6. Attend the bid opening, prepare bid tabulation sheets, and assist the CLIENT in evaluating bids and awarding contracts for construction. 7. Prepare construction contract documents and deliver the executed documents to the CLIENT and its legal counsel for review. 2.1 Design Criteria/Assumptions The design criteria for this project include the following: 1. Appropriate Title 35 Ill_ Adm_ Code rules and regulations, Subtitle F, Public Water Supplies. 2. Applicable building codes. 3. Applicable floodplain ordinances 3.0 Deliverables and Schedules Included in this Contract The anticipated schedule for this project is as follows: item Completion Notice to Proceed from CLIENT June 29 2011 Project Kickoff Meeting June 30, 2011 Prepare draft of Tech Memo No. 1 Juiv 27. 2011 30% Complete Design Review Meeting August 29, 2011 60% Complete Design Review Meeting October 25, 2011 90% Complete Design Review Meeting December 9, 2011 Submit Plans and Specifications to IEPA December 22, 2011 Plans and Specifications 100% Complete February 15,2012 Professional 5enfices Agreement City of McHenry WrP#2 Improvements June 27,2011 Page 8 of 13 The anticipated deliverables include the following: 1. Technical Memorandum's No, 1 and No. 2. 2. Drawings and Specifications. 3. Engineers Opinion of Probable Cost(EOPC) 4. IEPA Permit Applications 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: 1. Design of new maintenance facilities, garages, or other ancillary buildings not specifically described in the scope. 2. Preparation of Facility Plan or other detailed reports that may be necessary for federal funding applications. 3. Preparing the design documents for multiple construction contracts. It Is assumed that the Water Treatment Plant#2 Improvements will be bid as one contract. 4. Implementing"Green" design provisions. 5. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of the agreement. 6. Assistance with bid protests and re-bidding. 7. Revisions of the design, drawings, and specifications arising from external review by others which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, CLIENT's schedule, character of construction, or method of financing. 8. Provisions of land and property surveys and property descriptions, including legal property descriptions and other services, as needed to acquire property. 8. Payment for geotechnical investigations performed by others. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others 1. Geotechnical investigations. 6.0 CLIENT Responsibilities CLIENT shall provide the following items: 1. Pertinent available drawings, reports, plant records, data, maps, benchmarks, and utility information for the entire water system facilities as needed and described herein. 2. Prompt review of drawings, specifications, sketches, Technical Memos, and information submitted by the COMPANY. 3. Legal review of information as needed by the project. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 Professional Services Agreement City of McHenry VVTP#2 Improvements June 27,2011 Page g of 13 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys fees. 7.3 Extra Worts 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 approval of the CLIENT, 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of$175,000.00, 8.0 Terns and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. if the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. Professional Services Agreement City of McHenry WTP#2 Improvements June 27,2011 Page 10 of 13 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety(90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5)calendar days'written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental-expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. Professional Services Agreement City of McHenry WTP#2 Improvements June 27,2011 Page 11 of 13 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third-Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to cant' out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois, McHenry County. 8.13 Dispute Resolution Mediation. The CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation as the parties mutually agree. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements, within McHenry County Illinois. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Following unsuccessful Mediation, for disputes involving amounts greater than or equal to $50,000, the parties agree to submit the dispute first to non- binding Arbitration. If a dispute is still unsettled, all other legal means of dispute resolution, including litigation, shall be available to the parties, at the discretion of the complaining party.The venue of any Mediation or Arbitration proceeding shall be the Professional Services Agreement City of McHenry WTP#2 improvements June 27,2011 Page 12 of 13 McHenry Municipal Center, 333 S. Green Street, McHenry, IL 80050, or other venue otherwise agreed to by the parties. 8.14 Attorney's Fees If litigation or binding Arbitration is used for purposes of collecting fees or expenses due under this Agreement, the Court in such proceeding shall award reasonable costs and expenses, including attorney fees, to prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. The COMPANY agrees release information pursuant to the Illinois 'Freedom of Information Act, 5 ILCS 140." 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.18 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be Professional Services Agreement City of McHervy WTP#2 Improvements June 27,2011 Page 13 of 13 made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional Insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.19 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys'fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively,. COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts In connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. r Mark Hardie, P.E. Project Manager Approved by: v I ►cl, ��� �>�' Printed/Typed Name: Tim Hartnett, P.E. Title: Principal Date: 6/17/2011 CITY OF WHENRY Accepted by: Printed/Typed Name: Title: Date: AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: June 27, 2011 Regular City Council Meeting RE: Third Amendment to the Redevelopment Agreement of the former Medical Arts Site ATT: 1. Proposed Third Amendment to the Redevelopment Agreement 2. Ordinance Authorizing Execution of Third Amendment to Redevelopment Agreement. 3. Agenda Supplement re: Third Amendment from April 11th City Council Meeting Background. In 2007, the City Council approved the original redevelopment agreement for the project undertaken at the property on the northeast corner of Green Street and Waukegan Road. Two subsequent amendments to the original agreement were approved in 2008 and 2009, respectively. The Riverwalk Center project includes 27 residential units and 17,000 square feet in commercial space. The City's participation per the agreement calls for a $2.2 million contribution, $624,000 in property taxes generated by the project for parking and site improvements. First Midwest Bank has taken title to the property from Curtis Commercial and McHenry Riverwalk Center LLC. In addition, First Midwest has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property by 1110 N Green Street LLC is contingent upon City Council approval of an amendment to the original redevelopment agreement and the subsequent amendments. Staff Analysis. At the April 11 d' City Council Meeting, the issues addressed in the amendment were discussed and the prospective buyer was present to answer questions regarding the project. The primary concern of several of the City Council members was whether the property would eventually convert back to condominiums, if the City allows the building to become apartments with the approval of the proposed amendment. Since the last time this amendment was considered by the City Council, staff and alderman have engaged in extensive discussions with the developer and representatives of First Midwest Bank. The attached agreement includes a new provision that requires First Midwest to refund to the City a portion of the $624,000 in remaining financial incentives, if the building is not converted back to condominiums within eight years of the closing date on the property. The provision, which is detailed in section 9 of the proposed agreement, requires First Midwest Bank to pay back the City of McHenry $55,000 annually for each year the building has not been converted into condominiums beginning in July 2019 and ending July 2024. The maximum amount the City would recover from First Midwest over the term of the agreement is $330,000. The bank will provide an irrevocable letter of credit in favor of the City for $330,000 that will remain in force until the property is converted into condominiums or July 2024. The prospective buyer was not willing to agree to a stipulation allowing the building to remain apartments for only a specified time period. As a result, the agreement does not ensure the building will eventually become condominiums. However, in discussions with the city, bank representatives have asserted the developer has a financial incentive to sell the building as condominiums because that is when the profit on the project will be maximized. By agreeing to refund the city a portion of the financial incentives provided to the developer, First Midwest is backing up its belief the building will become owner-occupied residential units. Further, any dollars refunded to the city would help offset less than expected property tax revenues from the project based on the decline in the housing market. The proposed amendment also includes some other modifications from the prior version presented to the City Council. First, additional terms, specifically numbers 21 through 24 in Exhibit C, were added to the rules and regulations for the property. Also, language was added in paragraph 10 to require the residential units to be completed in accordance with the attached exhibits provided by the developer. These include references to the flooring, cabinetry, appliances, and other finish materials. Recommendation. Staff recommends approval of the attached ordinance authorizing the execution of the Third Amendment to the Redevelopment Agreement. MEMORANDUM TO: Mayor and City Council FROM: Chris Black, City Administrator DATE: June 24,2011 RE: Final Version—Proposed Third Amendment to Redevelopment Agreement of the former Medical Arts Site Attached is the final version of the proposed third amendment that will be considered by the City Council on Monday evening. The document includes minor changes that were discussed and agreed upon with First Midwest Bank earlier this week. However, the bank's attorney did not provide us with the changes until yesterday. Because these changes were primarily technical in nature, staff decided to provide alderman a copy of the third amendment with the City Council packets. The changes from the prior version are underlined in the current document. The one substantive change occurs in the final sentence of Paragraph 9. This change releases First Midwest Bank from the obligation of repaying the city incentive money, if the city does not pay the developer at least $330,000 in TIF reimbursement incentives. This language change is consistent with the prior discussions between the city and representatives of First Midwest. Further, if the agreement is approved, the developer will be eligible for the majority of the $624,000 in incentives, because most of the reimbursable work has been completed (except for the Wahl Lot). THIRD AMENDMENT TO REDEVELOPMENT AGREEMENT This Third Amendment to Redevelopment Agreement ("Third Amendment") is entered into this 27th day of June, 2011, between the CITY OF MCHENRY, an Illinois municipal corporation ("City"), 1110 GREEN LLC, a Delaware limited liability company ("Third Developer"); Synergy Property Holdings, LLC ("Titleholder") and First Midwest Bank, an Illinois banking corporation("First Midwest"). RECITALS A. On or about March 5, 2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N. Green Street, McHenry, Illinois (the "Original Agreement") with Curtis Commercial, Inc. ("Original Developer"). B. On or about April 7, 2008, the parties to the Original Agreement executed a First Amendment to Redevelopment Agreement ("First Amendment"). C. On or about December 14, 2009, the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement("Second Amendment") which provided in part that all of Original Developer's right, title and interest in and to the Original Agreement was assigned to the Second Developer. The Original Agreement amended by the First Amendment and the Second Amendment is hereafter referred to as the "Redevelopment Agreement, as amended." D. On or about February 18, 2011, the Second Developer conveyed to the Titleholder, by a deed in lieu of foreclosure, all of its right, title and interest to the property commonly known as 1110 N. Green Street, McHenry, Illinois (the "Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended. E. The Third Developer has entered into an agreement with Titleholder, a wholly owned subsidiary of the parent company of First Midwest, to purchase the Redevelopment Property and the parties hereto desire to sign this agreement in order to move completion of the Redevelopment Property forward. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. All of the recitals contained in this Third Amendment are true and correct and are hereby incorporated into this Third Amendment as though they were fully set forth in this Section 1. This Third Amendment shall be deemed effective as of June 27, 2011. 2. Any reference to the term "multi-family residential housing condominium," "condominium homes," "owner-occupied"units or similar term evidencing the intent of the parties that the residential units which are a part of the Redevelopment Property shall be owner occupied, in the Original Agreement, attached exhibits, or amendments thereto, or in the Site Development Plan referenced in the Original Agreement or amendments thereto, is hereby amended to include the term "rental apartment units leased by the Third Developer" as being permitted by the City. The Third Developer is permitted to rent the residential units, which are a part of the Redevelopment Property to third parties or convert all of said units to individual, residential condominiums pursuant to the Illinois Condominium Property Act by filing a condominium declaration and subdividing the residential portion of the Redevelopment property into individual units ("Total Condominium Conversion"). 3. Each residential rental unit within the Redevelopment Property(the "residential rental units") shall be subject to an occupancy limitation based solely upon each unit's size and the City of McHenry Building Code, Section 404.4 and Table 404.5, a copy of which is attached hereto as "Exhibit A". The maximum occupancy for each residential rental unit, based upon the square footage of each such unit is set forth on the Riverwalk Information sheet which is attached hereto as "Exhibit B". The tenants of each residential rental unit shall be subject to rules and regulations for the Redevelopment Property, a copy of which is attached hereto as Exhibit C. The City shall have the right, but not the obligation, to enforce the terms of Exhibit C, which shall not be amended without the written consent of the City, which consent shall not be unreasonable wiheld, delayed or conditioned. The City shall not exercise its right to enforce Exhibit C without providing the Third Developer with written notice to cure in accordance with provisions within the Original Agreement. In addition, the Third Developer shall strictly comply with phase I and phase II of the City of McHenry Police Department's Crime Free McHenry Housing Program, as amended from time to time. Provided, however, the Third Developer shall not be required to post signs on the property regarding said program. In the event the City exercises its right to enforce Exhibit C, the Third Developer shall reimburse the City for all of its costs incurred including reasonable attorney fees and costs. 4. Promptly following the date on which the Third Developer closes on its purchase of the Redevelopment Property from Titleholder, the Boat Slip Access Easement and Assignment agreement, dated October 28, 2008, and recorded on December 30, 2008 in the McHenry County Recorder of Deeds office as Document Number 2008R0063234 ("Boat Slip Agreement") shall be amended to provide, inter-alia: a)that the easement, revocable license area, and boat slips referenced therein may be used by the Third Developer and the tenants of the residential rental units within the Redevelopment Property; and b) that the Right of First Offer referenced therein(paragraph 3 of the Boat Slip Agreement) shall apply to the eight (8) slips at the amount agreed upon between the Third Developer and a good faith third party buyer; and c) that the Third Developer shall be entitled to transfer all of its remaining boat slips to any third party who purchases all of the Third Developer's interest in the Redevelopment Property without the requirement that said slips be first offered to the City for purchase. 5. The Third Developer shall be permitted three (3) temporary banners, for a period not-to-exceed two hundred and ten (210) days from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder, not to exceed 64 square feet each. The Third Developer shall also be entitled to the use of two sandwich board open house signs, 10 square feet each, placed so as not to impede pedestrian traffic during its business hours. The 2 Third Developer shall also have the option of seeking permanent sign variances before the City Council if deemed necessary. 6. Section 7 (iii) of the Original Agreement shall be amended by deleting the reference to "Developer" and substituting in its place the words "Third Developer." 7. The Third Developer hereby guarantees and assumes all of the obligations of McHenry Riverwalk Center, LLC relative to a Third Party Beneficiary and Indemnification Agreement dated August 301", 2010, a copy of which is attached hereto as "Exhibit D". 8. Section 8.b.c.d. and Exhibit F of the Original Agreement shall be amended by deleting any reference to "Developer" and substituting in its place "Third Developer". By virtue of this Third Amendment, the parties acknowledge that, subject to the Parking and Completion Requirement restrictions referenced herein, the Third Developer shall receive a maximum reimbursement from the City of the Redevelopment Project Costs, of$624,028.00, "Maximum TIF Reimbursement Amount") as if it were the party which advanced the funds and costs necessary to develop the Development as set forth in the Redevelopment Agreement and any amendments thereto. 9. In the event Total Condominium Conversion has not occurred on or before July 1, 2019, First Midwest shall pay to the City the sum of$55,000, on July 151h of each year for six (6) consecutive years thereafter, commencing on July 15, 2019 ("Conversion Years") or until Total Condominium Conversion shall have occurred, whichever first occurs ("First Midwest Obligation"). Payment to the City of$55,000 in each of the Conversion Years shall be non- refundable. To secure the First Midwest Obligation, upon execution of this Agreement, First Midwest shall file with the City and continue to renew a clean irrevocable letter of credit issued by First Midwest, in a form and substance, reasonably approved by the City Attorney. The amount of the letter of credit shall be $330,000. The letter of credit shall remain in force until the earlier of full Condominium Conversion or July 20, 2024. The terms of the letter of credit shall include, but not be limited to provisions that it will not expire without 45 days prior written notice to the City and may be drawn upon (i) on July 15"' (or the next business day thereafter if such date is not a business day) of each Conversion Year if Total Condominium Conversion has not occurred prior to such date or(ii) if the letter of credit is scheduled to expire and has not been renewed in conformance with the terms of this Agreement. Once Total Condominium Conversion has occurred, all obligations of First Midwest under this Paragraph 9 shall terminate the letter of credit shall for all pulposes be deemed to have expired and the original thereof shall promptly be returned to First Midwest. Notwithstanding the foregoing First Midwest shall have no obligation under this Paragraph 9 (and the City shall have not right to draw upon the aforesaid letter of credit) to pay the City in any Conversion Year unless the City has paid to the Third Developer prior to the first Conversion Year an aggregate TIF Reimbursement Amount of not less than $330,000. 10. The first sentence of Section 5 of the Second Amendment to Redevelopment Agreement is deleted in its entirety and the following substituted in its stead: "Prior to the sale of any residential dwelling units, Third Developer have caused Total Condominium Conversion to have occurred. 3 11. No later than one hundred and eighty (180) days from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder, Third Developer shall, at its sole cost and expense, reconstruct the parking lot referenced in Section 4 of the Second Amendment (the "WAHL parking lot"). The specifications of said reconstruction shall be those referenced in Table T1-3, Structural Requirements, for a Bituminous Residential Collector as listed in the Technical Specifications Manual and Standard Details as part of the City's Subdivision Control and Development Ordinance adopted January 19, 2004 by Ordinance No. MC-04-941 and amended August 6, 2007 by Ordinance No. MC-07-926 by the McHenry City Council. In addition, no later than three hundred (300) days from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder, the Third Developer shall, at its sole cost and expense, complete interior construction, renovation, rehabilitation, alteration and other cosmetic improvements in all twenty-seven (27) residential dwelling units, in strict accordance with the interior residential dwelling unit build-out exhibits, depicting countertop, flooring, cabinetry and appliance specifications and finish materials and attached hereto and incorporated herein as Exhibit E and obtain all 27 certificates of occupancy for the residential units, within said three hundred (300) days of the date that the Third Developer closes its purchase of the Redevelopment Property from Titleholder. The city shall not unreasonably withhold, delay or condition the issuance of said occupancy permits. The parking lot reconstruction and completion of the residential rental units shall collectively be referred to as, "Parking and Completion Requirements". Other than meeting the Parking and Completion Requirements, the Third Developer shall not be required to obtain any building or other permits from the City or pay any fee or cost to the City as a condition of allowing it to complete the interior of any of the residential units. In order to secure timely compliance with the Parking and Completion Requirements, any TIF distributions otherwise payable by the City in 2011 shall be withheld until the Third Developer has met the obligations of the Parking and Completion Requirements. 12. The City represents and warrants to the Third Developer as follows: a. That, with respect to the Redevelopment Agreement, as amended, and the Redevelopment Property, all of the Developer's financial obligations, with the exception of obligations referenced in this Third Amendment have been fully performed and accepted by the City. b. That the Third Developer shall be allowed to construct additional physical amenities to the Redevelopment Property including but not limited to a gym area, business center and/or common roof top sun deck, subject to the provisions of the applicable City ordinances. C. That all parking requirements for the Redevelopment Property have been met, with the exception of the re-construction of the WAHL parking lot. d. That there are no outstanding building code, zoning ordinance, or any other City of McHenry code violation with respect to or affecting the Redevelopment Property. 4 e. That the Redevelopment Property is zoned C-4 Commercial District by the City of McHenry Zoning Ordinance and that there are no minimum parking requirements for any permitted uses in said zoning district. 13. The City hereby consents to the assignment of the right, title, and interest in and to the Redevelopment Agreement, as amended from the Second Developer to the Third Developer. This Third Amendment shall run with the land, be filed in the office of the McHenry County Recorder of Deeds and be binding upon the parties hereto and their successors and assigns. Third Developer may also collaterally assign all of its rights hereunder to Third Developer's lender without any further action and without consent of the City and to any third party, without any further action and without consent of the City as long as such lender agrees to be bound to the terms and provisions of the Redevelopment Agreement, as amended, and this Third Amendment. 14. In the event the terms of this Third Amendment conflict with the terms of the Redevelopment Agreement, as previously amended, the terms of this Third Amendment shall govern. Except as specifically provided herein, the Redevelopment Agreement, as previously amended, shall remain in full force and effect. 15. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Amendment and the Redevelopment Agreement, as amended, shall be in writing and shall be executed by the party or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Third Developer: Roy Blavvise 1110 Green LLC 655 Irving Park Road, Suite 105 Chicago, IL 60613 With a copy to: Steven J. Cuda Hamer, Schuh & Cuda 101 Van Buren Street Woodstock, IL 60098 To the City: City Administrator City of McHenry 333 South Green Street McHenry, IL 60050 With a copy to: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 5 With a copy to: First Midwest Bank 770 W. Dundee Road Arlington Heights, IL 60004 Attn: Edward J. Melton With a copy to: Aronberg Goldgehn Davis & Garmisa 330 N. Wabash Avenue — Suite 1700 Chicago, IL 60611 Attn: Bernard A. Schlifke 16. This Third Amendment shall be null and void in the event Third Developer fails to close its purchase of the Redevelopment Property from Titleholder within one hundred and twenty(120) days of the date hereof. Third Developer shall provide the City with written documentation that it has closed said purchase within fourteen (14) days of the date of closing. 17. No single party shall be deemed to have drafted this Third Amendment or any portion thereof. This Third Amendment is a product of the collaborative efforts of the parties and their attorneys. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by their duly authorized officers on the above date in McHenry, Illinois. City of McHenry 1110 Green, LLC By: By: Its Mayor Its Manager First Midwest,N.A. Synergy Property Holdings, LLC By: By Its Its Z:\M\McHenryCityof\CurtisDOL\RedevelopmentAgmt 3rdAmendChangesWithCP1.doc 6 Exhibit"A" City of McHenry Building Code, Section 404.4 and Table 404.5 'W4'1-4tKt LRL&Yr VWMAT"me OCCUPAWY uarAMW that 3 feet(714 Sam)betwnes and M9 ee TABU 404.5 [carnetfnml and walls. AINNgUM AM"1WGUIN JWATB 4"J Sfinlmtmm call*hdghta Habitable spam,hallways, f_ WMuN AREA N SQUARE Apr cemams,laundry area',baturaotm,Soma rooms and habitable I •a.iron basement areas Stull have.clear ailing baght of not less than aaada taa""'rs.'s 1 a+a.W— eccaa.raa 7:ed(2134 mm). i.t nnmsa No t711 1511 Escepdoos' Dialog MM- No 30 100 L In one-and nvu-farmly dwellings,beasts or gadvas Spaces!not l than 4 fear(1219 mm)on tarter and ' '� 10 ao pojectiog not toot than 6 inches(152 man)be)oor the gQm'001P1 Shall comply with Section am 4 negated xihag laBbt. ?a Sl, lsgmn past.nM ail. 2.Basemmt t000S to aor and two-family dwellisp •See Smlm 4day.2 he—d—d Ums naaaaus;mot.paaa occupied eaelsninly for laundry,wady or—cadw ss..a.da.Socs.tt amnmt.rs4« ma�.m en*.* pu[poaes.having a ceilwg height of not Is"then 6 +=c .v<fa sresples v�vsna feet I inches(2033 mm)with not Iwo then 6 fat 4 inches(1932 tom)of Uca 6tigbt under beams,gird_ 404.1.1 Sleeping sue.71.rtutdmon—.pay aru ry ers,ducts and umtlr obstuctions. guied by Tsbk 4043 tbail not be included as,a sleeping 3.Rooms Occupied exclusives for ones in tfatrmsnmg the min—m Occupancy au for sleep- upi exclusively 11OCPitF ends a< ing pmpoan All Sleeping—shall comply with Secon, nmilar of the tt aid th all a Sloped call ceiling over all 4N A or pan of stet roam,with■dear calling hrigbt of u few 7 fat(Z 134 man)over but less mum one-thim of 4"S.3 C—Aduad as—.Caud,iue d Living n,utu uW di- the te:gnued minimum floor ear In calculating the ing some.spies dull comply with the requ¢ements of Tk- ftoor ores of such nooses,only those r—J.-of it. 1 is 404.5 if the told arm u opal to that required for Door[am with a clear curing be:ght of 5 fat(1524 uon¢p sofas and if the apace is locamd au as m funcnon as than)Or more Shur be included. t a combination living room/dimng roam. `404.4 Bedteoet aequlrsmis.Every hedrems'hall ems•) 404.E icy tanl,I\othmg to this wcttOn snail prohsbitso with the tegouemnnl of Sec how 404.4.1 through 404.4.5. efficiency'livingunit hom taeocg the following requtrements: 48"L Are fw AuThig purposes.Ewryy bedmosn occu- I.A unit occupied by out those thus two oc upaou oh.0 pied by we pawn%Wl comae at Wart 70 square 0ed(6.5,- have a tier ri—arcs of not less than 220 aq—feet m')of flaeraam..and Pety bedroom oeeupoed by mole it= (MA m).A unit Occupied try thm occapaal that)bare oho person dull cotrlm K War 50 agsue fed(4.6 sell of a clear floor arm at ant tare Dan 320 square tee[29.7 .Boor am for each occupant thereof. ml).These tegneal inns shall be exclusive of the areas 404.42 Access hem btMwm.Bedrooms&bill ant con- requiredby Items 2 and 3. stilutethe Only meets of access to other bedrooms ar habit- 2 The unit Shell be provided with a kitchen tuck cooking - .10"Voc-. and shall'.—the attly mesa of etreas s011i+na and mfngeraboo facillttes,each having aclear from other habitable sneers. %Wking space of not less man 30 inches(Io2 tam)as h=L Light and ventilation conforming to this code'bell Eareptim,Uhiutta couta:u fewer than two bedrooms. be proviM.d 404A3 Water dead acaasibiltty.Every bedroom shall 3.The unit shall Ie pnnided with a eparetc bathrooa con- Isave access to at Ieaat me water closet and One lavamy taiaing a water closes,lavatory,and bathtub or shower. without passing through another bemcom.Every bedroom C The maximum number of occupant&hall be three. in a dwelling unit shall have scans to at least one water ,toad"A i—toty located m the same wry as the bedroom 404.7 hood prepsradm All spaces m be occupied for food 4 or in adjacent Ivory. Preparation paspwes SSW contun Suitable space and cgwp- 404A41 Prohlisited occupancy.Kitchens and nonhnbitable �°[to Itore,prepare and sax foods d a sanitary manner spacer steal!tint be used far nkeping pmpand Tib—t that!be adequate fxcilinin and a--for the sanitary disposal of food wastes and&fuse,including faclities for tern 404A5 Other r"ulrsmmta Bedrooms slWlcmoply with pottery storage, the applicable pr oviaom of that code including.M tsar lim- itcd to.the light,veutlaoon,mom aim,ceiling beight and room width trgtr trusts of this chop ..the plumbusl fs- cilt ass and water-lusting facilities requirement of bapter - 5:the heating facilittes am electrical receptacle regcisr memo of chap[er 6:end Ono Smoke drux"aad auagrrry escape tegnvemeal of(lsapta 7. 4043(hacr—litg.Dwelling snits shall not be occupied by more occupants than oesmited by the meomum Siva reclarr-: m., is of Table 404.5 f4 3/40.g&IHlf1A1TOtlAL IsRWIBffY�INtT&tAGCl0009 1 LOW YO fLwnmAmocc w xwuwrA=w tlnrt 3 feu f 914 ram)between tassearadowt and sppfmmmor FADE!404.9 Cwnterfrann and waif. MW MMM AREA RIGUNUMIEMTD 4043 Mln4nizzat celling he)gitta.Habitable spaces.hallways, tu.MUM AREA IN 3DUARK"XT corridors,laundry areas,badrrooms,toilet roast,and babi"ble --_J a ore nawa hascrrroat utas shall have.clear ccamg heght of not less than 4 t.aoa 13^° ai vrava..e 7 feet(2134 Wm). U mu - rww- No l2fl 150 E1Cef°haR moma0 Ka onmsicou 80 too L In one-and two-family dwellings,beams m p lee g�pge 50 50 60 not t loss duo 4 feet(1219 ram)m center and pctin rojeg m more than 6 indres 0 52 ram)below the �0d1 Sba0 comphy wvh Section 404.4 mgttittd ceding beight r:ss: t,qu...4,ee�oaaa rr. 2.Bsaemer tours to one and twrfamdy dwaiaga " s a.S"m4W 5.2 t.oo a bw 0. .—Air tag ram sp_ occupied eAclumely for Aundry.study or re,,=ua Sftdm t�s1 forlimad-4et mamf rhnmtmmm mnp.q. p-pW .basting.mduq b ra aigw of t Ira than 6?,.w sr- feet 9 mdw(2033 ram)with m Ina than 6 feu 4 iubm(1932 ram)of clear beigbt order beams,gad- 404.5.1 bleeping arc.The taiaimun occupancy area re- cta,duce aed similar ob b=m. qutred by Table 404.5 abaB not be ba:ludcd..a akcpiug 1.Rooms occupied exclusively for deepasg,subtly o area as determining the mivm ism occupancy area for skcp- ariLr papoans and basting a abyed cail:ng oym all 40 pm H sl poses..Aeeping are shall comply comply with Section tar part of the room ear,with a d Idling►eight of at 44,4, last 7 fat(2134 rams)ores not leas than one-third of 404.5.2 Combust sperm.Combined living room and dio- the required mites(I"arm.In calculating the iRg tooth spacea shall comply with the rsquamse rm of Ta. floor area of such moms,only hose portion of the bit 404.5 if the total area is equal to that required for Rohr men with..I—oviling ha:ght of 5 f«()524 separaterooras and ifthe spaocis locatednasb function. mm)or rote shall be included, a combeaatioa living mom/dining room 4g4A Bakism respah ems.Every bWm m shall comply 404A EMdessey anh.Nothing m this section sbal]prohibit as with We requirements of Stations 404.4.1 through 404.4.1 etliciemy hvimgunit from meeting the following rcWtseismesiu: 404A.1 Arse fa Amping parposm Every bedroom oats- L A unit occupied by net more than two o cupanu shall pled by one person Mau eontmm in Inc 70 square fta(o.s^ Inw.Garr n—raw of tau Ian tb.n 220,q—.fo.a ra")ofBooram,aodemybedmomoccupiedbymmthan (20.4mi).Aun mcmphedbythreeoccupanushahaft nee paratm shall cootam at lent 50 agaare feet(4.6 mat of a clear Both area of not Ions tun 320 uptan feet:29.7 :Boo'acea for each ocagrmm tb ieof. tor),Those ragoired areas dull be exclosive of the arras 404A3 Aecm how bedroom.Bedraoms shall m non- required by Iteroa 2 arA 3. stturethe only mew of access m other bedrmms ar habit- S Time unit dull t.pu.idcd with.<..tchea A k.cooking able spaces aM shall rut serve as the only means of egtw a*xisee and re&igenton faeilitiu,each having acka from odw habitable tj— waduall space of not lea than M inches(762 ram)in F Units dAtcmuio fewer two boa light and wotilatoreonforming to mis cede aball •�PDm: be provide& 404A.3 Water closet sc -WAf y.L-cry bed—*.0 I Tbc cads sluff be p,-i4.d vk..rparatcbarbroomcoa- have scc=to at lean one water cost[and tar:lavatory, Wising a watts cla wt.lavatory,and bathtub or shmver. w'ithoat passing ttwngb another bedrmm Every bedroom 4.The nurirn—mmtwr of ncurpama$all be thfoa in a dwelling hit shall have accen o at kau one water clod and lavatory lecamd to the same Cory as the bedroom 404.7 Food pnpar idm.All space to be occupied for food l err m adj.cent story. preparisim purposes slag curtain suitable space and egmp- meat to am.prepare and Terse foods in a saratuy manner. 404AA Prohibited otavpancy.IGtchena and couAabiuble Them shall be adequate facilities and services for the sanitary spaces call ran he need for sleeping purposes, yip..l of foot wutrs and rescue,including faciliti-far rcvs- 4"AIS Orbef teghdtemeeta.Becknom shall comply with pony storage. tee applicable provisions of this code including bra rat lim- ited to.the light,ventlamn,tooth area milm;height and room width ngturemenu of tbis chaps the plumbing fs- 61,tias.ed water-heating facibties r,q%irereen of Clepta 5;the been facilities and electmal receptack regcae- ments of Chapter 6:and the smoke de—tor and emergency escape requirements of C3mpter 7. 4045 Oyercrowding.Dwelling emu sbe0 not be occupied by _ more occopanu:bra p—i"by the uhiobnum arc regoire- inents of Table 404.5. tit ' t000gI4R11MA'[ION+i1.1M10�rf4tiM�fTHfAli(Bt 2 Exhibit"B" Riverwalk Information sheet(Residential Unit Occupancy Limitation) INVERWALK INFORMATION UNIT NUMBER SQUARE FOOTAGE NUMBER OF OCCUPANTS NUMBER OF BEDROOMS 201 1371 4 2 202 1319 4 2 203 1553 4 2 204 1572 4 2 205 1102 2 1 206 1102 2 1 207 1102 2 1 208 1102 2 1 209 1429 4 2 301 1371 4 2 302 1319 4 2 303 1553 4 2 304 1572 4 2 305 1102 2 3 106 1102 2 1 307 1102 2 1 308 1102 2 1 309 1489 4 2 401 1371 4 2 402 1319 4 2 403 1553 4 2 404 1572 4 2 405 1102 2 1 406 1102 2 3 407 1102 2 SOS ]102 2 1 409 1489 4 3 "Exhibit C" Rules and Regulations for the Redevelopment Property 1. No dogs, cats or other animals shall be kept or allowed in the Premises except with the Lessor's prior consent and subject to the conditions set forth in any such consent. No animals shall be permitted without a leash in any public areas of the Premises. Assist animals are permitted. 2. No additional locks or other similar devices shall be attached to any door without Lessor's written consent. 3. Lessee shall not install or operate any machinery, refrigeration or heating devices or use or permit onto the Premises any inflammable fluids or materials which may be hazardous to life or property. 4. Hallways, stairways, and elevators shall not be obstructed or used for any purpose other than ingress and egress for the Building,nor shall children be permitted to play in the common areas,nor shall Lessee place or store any items in the hallways or common areas of the Building. 5. No musical instrument shall be played and no radio or television set shall be operated at any time in such manner as to disturb or annoy other occupants of the Building, nor shall other noises be made which will disturb or annoy any occupants of the Building. Operation of electrical devices which interfere with radio or television reception shall not be permitted. 6. All moving and delivery shall be through the rear entrance, stairway or service elevator at hours designated by Lessor. 7. Lessee shall maintain the smoke detectors and carbon monoxide(CO) detectors, and replace the batteries when necessary. 8. Lessee shall inform the Lessor in writing of Lessee's intent to renew not less than forty- five (45) days prior to Lease expiration. 9. Washrooms shall not be used for any purpose other than that for which they are designed, and no rubbish, rags, or injurious items shall be placed in plumbing facilities or receptacles. 10. Lessee shall not place or permit any article or antenna outside of the windows, on the exterior walls, or on the roof of the Building, and shall not throw or drop any article from any window. 11. Lessee shall not place, erect or install any signs or advertisements on the windows,nor on any part of the Building or Premises. 4 12. All garbage or refuse shall be securely wrapped and placed in the incinerator or garbage container. 13. Waterbeds shall not be permitted in the Premises without Lessor's written consent. 14. Lessee shall not interfere in any manner with the heating or lighting or other fixtures in the Building,nor run extension cords or electrical appliances in violation of the Building Code. 15. Lessee shall not solicit, canvas or conduct any door-to-door activities on the Premises. 16. Lessor requires Lessee to provide appropriate renter's insurance for Lessee's personal property. 17. Right of Access to Show Apartments to Prospective Tenants and Purchasers: Lessor shall have the right to show the apartment to all prospective tenants and purchasers, and any of Lessor's other invitees, in accordance with local statutes and/or ordinances. Tenant shall not interfere with Lessor's efforts to lease the apartment or sell the property, and tenant shall be liable for any damages caused by breach of this provision. 18. Lessor has the right to bar individuals from the Premises. Tenant must inform their guests of all Lease provisions regarding use of the Premises and all rules and regulations. If these provisions are violated by the tenant's guests, the guest may be barred and/or arrested for criminal trespassing, after they have received a barred notice and then have been placed on a barred list by Lessor. If the tenant violates the Lease or any of the rules and regulations, it shall be grounds for termination of tenancy. 19. The outside window covering shall be of a neutral color. 20. If Lessee vacates the apartment prior to the Lease expiration without benefit of any approved sublet or Lease cancellation agreement, the apartment will be placed on the market when vacant and the apartment keys are returned. Lessee shall be responsible for monthly rent until the Lease expires or the apartment is re-leased. 21. -No personal property shall be left in any public area and residents shall not hang towels, laundry, clothing or anything else on patios,balconies or windowsills. 22. --Boxes, trash, or other items shall not be stored outside the apartment doors or on patios or balconies. 23. -Bicycles and motorcycles shall not be stored or kept on patios,balconies or under stairways or in any other areas not designated by Management. 5 24. No boats, trailers, house trailers, recreational vehicles, vans, trucks and similar type vehicles larger than one-half ton capacity shall be parked or stored in or about the premises without the written consent of Management. --Violation of any of these rules and regulations shall be grounds for immediate termination of this apartment lease. The City of McHenry has the right but not the obligation to enforce these rules and regulations. 6 "Exhibit D" Third Party Beneficiary and Indemnification Agreement dated August 30th, 2010 ORDINANCE NO.ORD-10-1512 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND EDWARD J NEUMANN JP-AS TRUSTEE,UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE 15,2007,AND KNOWN AS THE EDWARD J.NEUMANN,M TRUST, FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET,IN THE CITY OF MCHENRY, MCHENRY COUNTY,II.LINOIS WHEREAS,Edward J Neumann Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and(mown as the Edward J.Neu+ am Jr.Trust,is the legal owner o£reeord and the City of McHenry is the designated lessee of a portion of the real estate which includes two parking lot areas off of Green Street and Waukegan Road located at 1111 N Green Street in the City of McHenry,Illinois. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION I: The Lease Agreement,bearing the date of August 30,2010 between Edward J Neumann Jr.Trustee,record owner,and the City of McHenry a Municipal Corporation in the State of Illinois designated lessee be and the same is hereby approved. A complete and accurate copy of said lease 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 Lease Agreement for the uses and purposes therein set forth. SECTION 3:All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby . repealed to the extort of such conflict. SECTION 4:This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,McHenry County,Illinois. SECTION 5:This Ordinance shall be in full force and effect from and after its passage,approval,and publication in pamphlet form as provided by law. Passed and Approved this 30m day of August,2010 AYES: Sand,Glab,Schaefer,Blake,Wimmer,Peterson,Condon, NAYS: Noce ABSTAINED: None ABSENT: None NOT VOTING: None MAYOR ATTEST: C { 0 Exhibit E Interior Residential Dwelling Unit Build-out Exhibits, Depicting Countertop, Flooring, Cabinetry and Appliance Specifications and Finish Materials HIGIL-ILEEST QUALITLYL Luxury surrounds you, everywheiv you look i Tit, g• 1 � k fir' ,y •I - Granite countertops • 1"x1"tiled glass backsplash - 18x18 porcelain the with glass or for kitchen stone inserts for kitchen and baths • Stainless steel appliances • Berber carpeting - Full glass shower doors - 42"stained wood cabinets with - Tiled foyer entrance r crown molding - 2 panel interior wood doors New Lifestyle Amenities ,M Y. Fitness Center with Wrap around sun deck Business Center with state-of-the-art equipment overlooking waterfront fast intenzet connection 1 F . . .plus all the convenience of dining and high-end retail right inside the building. LEASE AGREEMENT 1111 NORTH GREEN STREET McHENRY ILLINOIS This Lease Agreement("Agreement')is entered into as of this 30`4� day of �t r .2010,by and between Edward J.Neumann,Jr.,as Trustee,under the provisions of a at Agreemrnt dated June 15,2007,and known as the Edward J.Neumann,Jr.Trost,property owner ("Lessor')and the City of McHenry,an Illinois municipal corporation("Lessee'j. RECITALS A. Lessor presently owns two parking lots,located on the southerly portion of 1111 North Green Street,McHenry,Illinois;specifically,the lower south lot with access from Green Street and the upper south lot with access from Waukegan Road,each identified by crosshatching on the aerial photograph attached hereto("Premises').The Premises lies within PIN 09-26-390-014. B. Lessor desires to lease to Lessee the right to manage,operate and maintain a public parking facility on the Premises. NOW,THEREFORE,for and in consideration of the foregoing Recitals,the mutual covenants and agreements set forth herein,and other good and valuable consideration,the receipt,adequacy and sufficiency of which are hereby acknowledged and accepted by the Parties hereto,Lessor does hereby grant to Lessee the right to manage,operate and maintain a public parking facility subject to and in accordance with the following: 1. FEE AND TERM.Lessee covenants and agrees to pay Lessor the sum of Five Hundred Dollars and No/I00($500.00)per month for the Premises,commencing October],2010,and on a month-to-month basis thereafter.Payments shall be made by the 10'of each month.Either party may at any time terminate this Agreement by giving the other party sixty(60)days'prior written notice of its intention to so terminate. 2. PURPOSE OF USE.The parties agree that the purpose of this Agreement is to insure that the Premises and all of the improvements,including but not limited to;the parking surface,stairs, handrails,sewer grates,light pole and/or lighting fummes,and walkways am being leased"as is"with no implied warranties or representations.Lessee will make any modifications or improvements to these elements at its sole expense,only after receiving approval for such modifications from Lessor,the approval of which will not be unreasonably withheld.Lessee shall restore the streetlight located between the two parking lots,Lessor,at its coat,will provide the electricity to power the light.Lessee acknowledges that ten parking spaces along the west line of the upper south parking lot with access from Waukegan Road(shown on the attached drawing as"Reserved Spaces')will be available exclusively for Landmark School's usage,on school days only when school is in session,and it will be the school district's responsibility to post and control that restriction. 3. USE BY PUBLIC AND LESSOR During the term of this Agreement,Lessee shall permit and not interfere with or infringe upon the use of the parking facility by the general public or Lessee,its agents or employees,subject to ten parking spaces partially reserved in paragraph 2,above. Also,throughout the term of this Agreement,Lessor shall be permitted access to the Premises to park an amphibious DURW in the lower south parking lot,without restriction,for a ten-day period of Lessor's choosing each calendar year.Lessee shall make available parking spots necessary to park such vehicle. 4. MAINTENANCE AND ACCESS.Lessee,at its own cost and expense,shall manage the parking facility and shall be responsible for the performance of"Routine Maintenance'throughout the term of this Agreement Routine Maintenance shall include,but shall not be limited to snow removal, O sweeping,sealceating,re-marking and patching pavement associated with the operation of the parking facility. Lessee has no obligation to otherwise repair or reconstruct the parking facility. 5. SIGNS.Lessee shall be permitted to place signage on the Premises,including,but not limited to two that read,-Parking for Green Street Businesses Only".. 6. LEGAL AND INSURANCE. Lessee shall manage,cpenrte,maintain and use the Premises and the parking&cdq in compliance with the requirements of all local,state and federal ordinances,haws,rules and regulations in effect during the term of this Agreement. Lessee will provide Lessor with a certificate of general liability insurance covering the Premises naming Lessor as an additional insured. 7. LESSOR'S TR7.E.Lessor hereby covenants quiet enjoyment of the Premises.Lessor asstanes any damages Lessee may sustain as a result of or in connection with,any want or Whim at any time of Lessors good title to the Premises. 8. INDEMNIFICATION.To the extent covered by applicable insurance,the Lessee hereby indemnifies and holds harmless Lessor from any and all injuries sustained,including death,to any permittees who enter ontothe Premises for purposes of this Agreement. 9. TAXES.Lessor shall be responsible for payment of all real estate taxes and special assessments,if any,assessed against the Premises and Premises Parking Facility,including but not limited to real estate taxes assessed. 10. NOTICES.All a.does sent hereunder shall be sent via fast class mail,postage Prepaid as follows: Lessee: City of McHamy 333 S.Green Street McHenry,Illinois 60050 Attention:City Administrator Lessor. Edward J.Neumann,Jr.,as Trustee, under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust 308 Country Club Dr McHenry,IL 60050 11. SEVERABILIT'Y.If any provision or any portion th=o&contained in this Agreement is held unconstitutional,invalid or unenforceable,the remainder of this Agreement or a portion thereof, shall be deemed severable,shall not be affected and shall nanain in force and effect LESSEE: R:LESSO a Susan E.Low,Mayor " ward J.i�(� Jr., 2 9 THIRD PARTY BENEFICIARY AND INDEMNIFICATION The undersigned,McHenry Riverwak Center,LLC("Developer")hereby acknowledges that the above-referenced Lease Agreement was entered into,to a large extent,to accommodate current and future needs of the Curtis Commercial Center located across Green Street from the Premises.As consideration of the City of McHenry("City")entering into the Lease Agreement,the Developer agrees to hereby indemnify and reimburse the City for each and every obligation and related expenses it has under the terms of said Lease Agreement.Specifically,Developer shall I)pay to the City the same payment the City pays to the Edward J.Neumann,Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust under the Lease Agreement and at the as=time the City's payment is due;2)restore the streetlight between the two parking lots and 3)at its own expense,perform all Routine Maintenance obligations set forth in the Lease Agreement.In the event the Developer defaults on its obligation to perform Routine Maintenance the City reserves the right,but not the obligation,to perform said Routine Maintenance and the Developer shall reimburse the City upon written request for related expenses.Developer shall maintain liability insurance on the leased premises during the term of this lease and the City shall be named an additional insured.The limits of liability shall not be less than$1 million per person and in the aggregate.Evidence of this insurance coverage shall be provided to the City upon ex Lion of thrs ant and thereafter upon reasonable request. Agreed to this day of U_ Me Riverwalk ter,LLC By zvtvtcttemc;�a,w�.,eu a,�aye,�i eo< 10 ORDINANCE NO. ORD- AN ORDINANCE AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT ("THIRD AMENDMENT") TO A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNCIPAL CORPORATION ("CITY"), 1110 GREEN LLC,AN ILLINOIS LIABILITY COMPANY ("THIRD DEVELOPER")AND FIRST MIDWEST BANK N.A. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF GREEN STREET AND WAUKEGAN ROAD AND COMMONLY KNOWN AS 1110 N GREEN STREET, MCHENRY,ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the execution of this agreement constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, On or about March 5, 2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N Green Street, McHenry, Illinois (the "Original Agreement")with Curtis Commercial, Inc. ("Original Developer"); and WHEREAS, On or about December 14, 2009, the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement ("Second Amendment") which provided in part that all of Original Developer's right, title and interest in and to the Original Agreement was assigned to the Second Developer; and WHEREAS, On or about , 20 the Second Developer conveyed to First Midwest Bank, N.A., by a deed in lieu of foreclosure, all of its right, title and interest in the property commonly known as 1110 N Green Street, McHenry, Illinois (the "Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended; and WHEREAS, The Third Developer ("Third Developer") has entered into an agreement with First Midwest Bank,N.A., to purchase the Redevelopment Property; and WHEREAS, the Corporate Authorities of the City of McHenry have found that entry into said Third Amendment("Third Amendment") is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the Third Amendment (attached hereto as Exhibit A and made a part hereof). SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this day of , 20_ Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk EXHIBIT A THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Third Amendment to the Redevelopment Agreement of the former Medical Arts Site ATT: 1. Original Redevelopment Agreement 2. Second Amendment to the Redevelopment Agreement 3. Boat Slip Access Easement and Assignment Provisions 4. Proposed Third Amendment to the Redevelopment Agreement Background. In 2007, the City Council approved the original redevelopment agreement for the project undertaken at the property on the northeast corner of Green Street and Waukegan Road. Two subsequent amendments to the original agreement were approved in 2008 and 2009, respectively. The Riverwalk Center project includes 27 residential units and 17,000 square feet in commercial space. The city's participation per the agreement calls for a $2.2 million contribution consisting of land acquisition ($1.348 million), reimbursement of permit fees ($227,000), and $624,000 in property taxes generated by the project for parking and site improvements. First Midwest Bank has taken title to the property from Curtis Commercial and McHenry Riverwalk Center LLC. In addition, First Midwest has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property by 1110 N Green Street LLC is contingent upon City Council approval of an amendment to the original redevelopment agreement and the subsequent amendments. The following are the primary issues addressed in the proposed third amendment: • Conversion of the residential dwelling units from individual condominiums to apartments; • Creation of rental and property standards for the development in an effort to ensure quality of the property; • Establishing deadlines for completion of the "Wahl" parking lot and the residential units; • The disposition of the remaining financial incentives for the project; and • Modifying terms related to the eight boat slips provided to the developer as part of the original redevelopment agreement. Staff Analysis. The prospective buyer has 17 years of experience in acquisition, disposition, management and construction in various parts of the country and in the last three years has successfully redeveloped more than thirty rental properties. In a property similar to the Riverwalk Center, the developer acquired Park View Residences in Chicago, which has 52 apartments and 30,000 square feet of retail space. Since the property was acquired less than six months ago, it has undergone a renovation and the occupancy rate has increased substantially. Staff believes the prospective buyer has demonstrated substantial interest and an inclusive plan for the property since first meeting with .the city representatives last month. The buyer has met with staff on several occasions to go through the building to determine its condition and the status of the units and met with the property's commercial tenants. Also, the buyers have invested in planning for the completing the residential units and construction of a business office and fitness center at the site and worked with a marketing firm to determine how to best promote the property in the future. Staff has worked with 1110 N Green Street LLC to develop the proposed amendment to the redevelopment agreement for the former Medical Arts Site. At this point, staff believes is has addressed all outstanding issues with the prospective buyer and is seeking feedback from the City Council on the proposed terms. The most significant change to the agreement is conversion of development from condominiums to apartments. The prospective buyer seeks this change because it appears to be the most viable option for the building in the intermediate term due to the state of the housing market locally and nationally. II10 N Green Street LLC looks forward to this property eventually becoming condominiums, because it would lead to a greater return on their investment. However, the purchasing group has taken the position conversion of the property back to condominiums needs to coincide with resurgence in the housing market. This position is similar with that taken by First Midwest Bank and likely any other prospective buyer in the current housing market. In an effort to maintain the value of the development, the City has taken steps to create rental and property standards. The steps include requiring the buyer to comply with provisions of the Crime Free Multi-Housing Program and occupancy limitations. In addition, the changes provide the city the right, if necessary, to enforce common area rules, which'are included in the rental restrictions, inside and outside of the building. A third significant issue addressed in the amendment is the ability of the prospective buyer to be eligible to obtain the remaining incentives on the project for work completed by the prior developer. Based on the second amendment of original agreement, the developer is eligible for $624,028 in tax increment revenues for costs on public parking spaces within the parking lot ($182,430), public boat pier ($47,000), landscaping improvements ($110,598), and site development ($284,000). Based on inquiries the prospective buyer had with First Midwest Bank, the majority of this work has been completed, with a notable exception being the completion of the Wahl Lot. The City will require the prospective buyer to submit proper documentation, as required by the original agreement, to receive reimbursement and only receive payouts supported by the property tax increment generated by the project. The amendment also addresses deadlines for completion of the Wahl parking lot and 27 residential units in the building. The current version of the amendment provides the prospective buyer from the date of closing on the property 180 days to complete the Wahl lot and 300 days to complete the interior improvements to the residential units. In order to secure compliance with the deadlines, the City will withhold payment on any tax incentive distributions until 1110 N Green Street LLC meets its obligations. The prospective buyer has expressed the intention to complete the parking lot and the residential units well before the deadlines and is seeking additional time to mitigate unforeseen circumstances that could lengthen the construction. Staff believes the deadlines could be shortened while still addressing the buyer's concerns. In regards to the boat slips, the third amendment allows 1110 N Green Street LLC to maintain ownership of the eight boat slips associated with the property and also obtain the right to lease the slips. This provision seemed reasonable based on the fact that in the short-term the slips would no longer be associated with owner occupied units. The City would have the right of first offer and the right of first refusal on the slips at market value, as opposed to $30,000 stipulated in second amendment, should the there be an effort by the building owner to sell the slips. Also included within the body of the proposed amendment are several other provisions that were necessary to address. These include the following: • allowing additional temporary signage, in the form of banners and small open house sandwich-board signs, for the sole purpose of promoting the building to prospective renters; • requirements for the buyer to assume payment, maintenance and other obligations associated with the public parking lease agreement the City entered into with Ned Neumann in August 2010; • a stipulation the agreement will become null and void if the buyer does not close on the purchase with First Midwest Bank within 120 days of the date of the proposed amendment; and • tying the proposed amendment to the property to ensure if the buyer transfers ownership of the property at any time in the future the new owner would be subject to identical terms. Staff has provided an amendment for consideration that, to the extent possible, protects the city's investment in the project. Although the type of residential units differs from the original intent of the project, staff believes quality residential units, whether condominiums or apartments, will be an asset to downtown revitalization efforts. At the meeting Monday, the prospective buyer group and partners will be on-hand to present additional information on project and to answer any questions. Recommendation. If the City Council is agreeable with the proposed changes, staff recommends approval of the attached ordinance authorizing the execution of the Third Amendment to the Redevelopment Agreement.