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Packet - 06/15/2015 - City Council
AGENDA REGULAR CITY COUNCIL MEETING Monday, June 15, 2015, 7:00 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement 5. Call to order the continued Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the Proposed Decommissioning of the City's Central Wastewater Treatment Plant and Consolidation with the City's South Wastewater Treatment Plant. • Public Comment • Council Comments • Motion to close the Public Hearing 6. Call to order the Public Hearing regarding a proposed Amendment to the Annexation Agreement for the Preserves of Boone Creek. • Public Comment • Council Comments • Motion to close the Public Hearing 7. Motion to approve an Ordinance authorizing the Mayor and City Clerk's execution of the proposed Amendment to the Annexation Agreement for the Preserves of Boone Creek. 8. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public comment may be restricted to three -minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 9. Motion to approve the following Consent Agenda Items: A. 2015 Prevailing Wage Ordinance; B. Renewal of Northern Illinois Police Crime Lab (NIPCL) Membership; C. Temporary Use Permit for Outdoor Sales at 3436 Shoppers Drive (Dicks Sporting Goods) D. Temporary Use Permit for use of Petersen Park on October 10, 17, 18, 24, 25, and 31, 2015 as requested by the Wonder Lake Ski Team for their Haunted Hayride; The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible mnnner. McHenry City Council Meeting Agenda June 15, 2015 Page Two E. Resolution of Support for Chicago Metropolitan Agency for Planning (CHAP) technical assistance grant to be submitted by the McHenry County Planning and Development Department F. May 11, 2015 Committee of the Whole meeting minutes; G. May 18, 2015 City Council meeting minutes; H. Special Use/Park Permits; I. As Needed Checks; and J. Approve List of Bills. 10. Motion to authorize the Mayor's execution of an Intergovernmental Agreement between the City of McHenry and McHenry Township Fire Protection District for dispatch services. 11. Motion to accept the Planning and Zoning Commission's recommendation and adopt an Ordinance granting a Conditional Use to allow a tavern with live entertainment and a 55 space parking variance for 4005 Kane Avenue in the REMAX Plaza. 12. Conditioned upon approval of Agenda Item #11; Approve the Issuance of a Class A liquor license for CL Quick Stop, Inc. d/b/a Lucky Poker located at 4005 Kane Avenue, Unit L, and adopt an Ordinance authorizing the Mayor's signature to increase the number of Class A liquor licenses in effect from 24 to 25. 13. Motion to approve a Budget Amendment, transferring $192,321.47 from the General Fund Reserves to the Capital Improvements Fund, for the McCullom Lake Road Improvement project. 14. Motion to approve the Mayor and City Clerk's execution of a Professional Services Agreement with HR Green, Inc. for an amount not to exceed $25,974 for Engineering, Design, Bidding, and Construction Observation for the Fieldstone Lift Station Rehabilitation project and authorize the advertising for competitive bids for the project. 15. Mayor's Statement and Reports: • Motion to Approve (Advice and Consent) the Mayor's Annual List of Appointed Officers 16. Committee Reports 17. Staff Reports 18. Future Agenda Items 19. Executive Session: 5 ILCS 120(2)(c)(2)Collective Negotiation Matters 20. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ojprograms and services in a customer -oriented, efficient, and frscally responsible manner. v � CHe r Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us PUBLIC HEARING AGENDA SUPPLEMENT DATE: June 15, 2015 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE: Continuation of Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the Proposed Decommissioning of the City's Central Wastewater Treatment Plant and Consolidation with the City's South Wastewater Treatment Plant At the June 1, 2015 City Council Meeting a Public Hearing was opened and continued to June 15, 2015 in connection with the proposed IEPA loan to fund the consolidation of the Central and South wastewater treatment plants. The purpose of the public hearing is to provide the public with the opportunity to comment on the facilities plan to implement such consolidation of the treatment plants and the IEPA's environmental determination. The public has an additional ten (10) days from the public hearing date to submit written comments to the City or the IEPA. Attached to this memorandum is a copy of the public hearing notice as published on in the Northwest Herald and Chicago Tribune on June 5, 2015. The notice is also posted at the McHenry Municipal Center and on the city's internet website. Also provided is the "Project Summary and Preliminary Environmental Impacts Determination" report, dated June 3, 2015, as provided by the Illinois Environmental Protection Agency (IEPA). It should be noted that financial information provided in the PEID report, including the debt service calculations on the last page, is based on a total project award amount of $30,102,606. The difference between this and the $29 million dollar amount that has been discussed is a result of the required inclusion of 3% contingency amount of $796,818 required by the IEPA. No action is required by the City Council upon closing the public hearing. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CITY OF NicgIENRY NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of McHenry, Illinois will conduct a public hearing at City Hall, 333 S. Green Street, McHenry, Illinois on Monday, June 15, 2015 at 7:00 p.m. The purpose of the hearing is to provide an opportunity for public input regarding the proposed decommissioning of the City's central wastewater treatment plant and its consolidation with the City's southern wastewater treatment plant (the "project"). The hearing will include a presentation on the planning, design and evaluation of the project (the "facilities plan"). Monetary and non monetary factors associated with the project and the facilities plan will be discussed and the final recommended plan and preliminary budget impacts will be presented. The project will be funded through a loan from the Illinois Environmental Protection Agency in an amount not to exceed $35,000,000, Detailed information on the project, along with the facilities plan and the Illinois Environmental Protection Agency's Preliminary Environmental Impacts Determination documents, will be available for public inspection at City Hall, 333 S. Green Street, McHenry, Illinois 60050 during regular business hours, from 5:00 a.m. to 5:00 p.m. Persons and/or organizations wishing to make a statement on the project, the. facilities..-p.lan... and/or ._the ...Il-linoi.s.._..__......._..............._................._....._........... Environmental Protection Agency's environmental impacts determination will be asked to identify themselves and their respective interests at the public hearing. Written statements regarding the subjects of the public hearing will be accepted until 10 days after the hearing and should be addressed to City of McHenry or directly to the Illinois Environmental Protection Agency as indicated in the Preliminary Environmental Impacts Determination document. Contact information for the City and the Illinois Protection Agency, respectively, is provided below. Jon Schmitt Mr. Bi11 Jalilcousky Director of Public Works Illinois Environmental Protection Agency 333 S. Green Street Infrastructure Financial Assistance Section McHenry, Illinois Bureau of Water (Ph) 815-363-2100 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276 (Ph) 217-782-2027 Unless new information is provided during this comment period, it is anticipated that the IEPA will approve the planning far the project and the facilities plan at the close of the comment period. Dated at McHenry, Illinois this 5t' day of June, 2015 Janice Jones, City Clerk Z:�M1McHenryCifyoflIEPALoanlPublic Notice.wastewaterOGOI J S.doc ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 10Z1 NORTH GRANDAVENUEEAST, P.O. BOX 19Z]6, SPRINGFIELD, ILLINOIS 62794-92]6 • (21]) ]8Z-Z829 BRUCE fZAUNER, GOVERNOR LISA BONNETT, DIRECTOR Project Summary and Preliminary Environmental Impacts Determination JUN - � 2015 Date: Loan Applicant: McHenry, IEPA Loan Project Number: L175284 To all interested persons: Section 365.530 of the Illinois Procedures for Issuing Loans From the Water Pollution Control Loan Program requires that the Illinois Environmental Protection Agency (IEPA) conduct an assessment of the environmental impacts of proposed wastewater projects to be funded with loans. This review is carried out in conjunction with the State's review of the applicant's facilities plan. Prior to final approval of the plan, the public's comments are sought regarding environmental impacts of the proposed project. The IEPA has reviewed the facilities plan and has determined the project to be technically sound and cost-effective. Unless new information gained from the public causes a reconsideration, the Agency will approve the facilities plan at the close of the public colmnent period. The applicant will make the attached Project Summary and Preliminary Envirommental Impacts Determination (PEID) available for public inspection and must conduct a hearing within 60 days of receipt on both the PEID and project,planning, providing advertisement of the hearing at least 10 days in advance. A comment period of at least 10 days shall be provided after the hearing date in which written comments may be provided to the -,loan applicant or directly to the IEPA contact person identified in the attached document. Upon final approval of this plan, the project priority score may be modified to reflect new information provided in the planning in accordance with the provisions of Sections 366.105, 366.106, and 366.107 of the Procedures and Requirements for Determining Loan Priorities for Municipal Wastewater Treatment Works. For information purposes only, a copy of this document is being provided to your local newspaper of record. Your interest and participation in this process are appreciated. Sincerely, ��.,���, Gary Bu>�nheimer, Acting Manager Infrastructure Financial Assistance Section Bureau of Water GB:DWB:Tm15050801 4302 N. Main St, Rockford, IL bl 103 (815) 987-7760 595 S. State, Elgiry IL 60123 (847) 608-3131 2125 S. FirstSt., Champaign, IL 67820 (217) 278-5800 2009 Mall St., Collinsville, IL 62234 (618) 346-5120 951 1 Harrison St., Des Plaines, IL 6001 b (847j 294--0000 412 SW Washington St, Suite D, Peoria, IL bl 602 (309) 677-3022 2309 W. Main St, Suite 1 1 b, Marion, IL 62959 (618) 993-7200 100 W. Randolph, Suite 10-300, Chicago, IL 60601 (312) 814-6026 PI FA SF PRINT c�N RFCYCI FD PAPFR Project Summary and Environmental Assessment Proiect Identification City of McHenry 333 South Green Street McHenry, Illinois 60050 McHenry County Project Background and Justification The proposed project area is located in east central McHenry County along State Route 31. All planning on the proposed project is within the McHenry Facility Planning Area (FPA). Please see Map A for project location. The City of McHenry owns and operates two wastewater treatment facilities within the FPA. The original Central Plant was constructed in 1940 and expanded over the years to treat a current 3.0 million gallons per day (MGD) design average flow (DAF) and 7.5 MGD design maximum flow (DMF). The current treatment components include preliminary treatment (mechanical screen and raw water pumping) and secondary treatment (conventional activated sludge and secondary clarifiers). The South Plant, constructed in the late 1980's, was expanded in the early 1990's and has a current DAF of 1.5 MGD and a DMF of 4.2 MGD. Treatment processes include preliminary treatment (screening and raw water pump station) and secondary treatment (oxidation ditch and secondary clarifiers). Since 2011, the Central Plant sludge production is pumped to South Plant for thickening, together with the South Plant sludge, by Gravity Belt Thickener (GBT) and dewatered with a Belt Filter Press (BFP). Both Plants are located along and discharge into the Fox River. The City's sewage collection system consists of approximately 115 miles of gravity sewer lines ranging in size from 64nches to 36-inches in diameter, 19 sewage lift stations and approximately 6 miles of force main ranging in size from 64nches, to 12-inches in diameter. This conveyance system is separated into two distinct service areas that flow either to the Central Plant or the South Plant. There is concern over the deterioration of the Central Plant and the hydraulic and biological treatment capacity available to effectively meet current and future permit limits. Taking into account the associated cost to upgrade the capacity and existing processes at the Central Plant, the City plans to upgrade the existing South Wastewater Treatment Plant (WWTP) in order to allow for the consolidation of the Central WWTP. This consolidation design began in 2005 in response to Violation Notice W-2005-00291, but due to the change in the economy, the proposed project was no longer financially feasible. In an agreement with the Illinois Environmental Protection Agency (IEPA), McHenry was allowed to phase the consolidation of these two plants over a ten year period. The first phase of the project was the installation of two force mains between the plants with the combining of all solids handling processes at the South Plant with completion in 2011. Modification to the NPDES discharge permit will be required prior to loan award. Proposed Project In determining the scope of the project, the cost of each improvement was taken under consideration along with non -economic consideration of constructability, flexibility, reliability and ease of maintenance. It was determined that the best way to address the City's treatment needs was to consolidate operations at the existing South WWTP. A Central Regional Pump Station to replace the existing Central WWTP is recommended to transport all flow to the existing South. WWTP or to the proposed peak flow system for treatment. The pump station, with odor control, will consist of two mechanical bar screens with a capacity of 10.0 MGD each to protect the two pumps for normal daily flows and the two pumps for peak storm flows. The 244nch diameter peak flow force main between the Central WWTP and the South WWTP will be completed by directional drilling across the golf course and the wetlands adjacent to the South WWTP. Construction at the South WWTP will include: 1) SBR Feed Pump Station 2) Upgrades to raw water pumps and drain pumps 3) New Peak Flow Treatment System to handle 12.0 MGD peak flows above the 4.0 MGD DAF by utilizing a combination of contact stabilization and high rate clarification (Bio- Actiflo) i) Sequencing Batch Reactors (SBR) for contact stabilization and an additional 1.2 MGD of average day treatment capacity. ii) High Rate Clarifier with a capacity of 10 MGD iii) Blowers 4) New Tertiary Treatment Building i) Disc Filters ii) UV Disinfection with 3 channels iii) Diffusers iv) Post Aeration Blowers v) Flow Measurement 5) Sludge Drying System 6) Two new microscreen units to replace the drum screen Following the plant upgrade, the South plant will be rated at a DA-P of 4.0 MGD and a DMF of 16.0 MGD Estimated Project Costs Construction ,It 26,560,600 Contingency 3% $ 796,818 Design Engineering $ 1,325,188 Bidding $ 205000 Construction Engineering $ 11400,000 Total Project Cost $ 30J02,606 Environmental Impacts A positive environmental impact to the Fox River is projected for this project due to the fact that the Central WWTP does not provide treatment, but the South WWTP treats all effluent for Phosphorus. Temporary environmental impacts due to construction including noise, vehicle exhaust and dust should be anticipated. This project is not expected to change the rate or density A development within McHenry. Initial review by Illinois Department of Natural Resources (IDNR) indicated that there may be endangered species, natural areas and wetlands within 250 feet of the project sites. The force main portion of the project will involve a directionally bored pipeline .crossing of Edgebrook Drainageway which, according to IDNR Office of Water Resources; is authorized by Statewide Permit No. 8, provided it meets all applicable terms and special conditions. A September 3, 2014 letter from IDNR indicated that, following further review, the forcemain construction complied with ethe Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act and the Illinois Interagency Wetlands Protection Act. A letter from IDNR Office of Water Resources indicated that the proposed outfall in the designated floodway and public water of the Fox River is automatically authorized by their Regional Permit No. 3, provided it is constructed in accordance with the applicable terms and conditions of this permit. While natural resource review identified protected resources that may be within the vicinity of the plant construction, upon further evaluation, IDNR concluded that adverse effects are unlikely. However, the project must incorporate Wetland Mitigation Requirements for Minimal Impacts (1:1 mitigation) into the project plans for the wetlands to be disturbed during piping installation. Consultation with the Army Corps of Engineers has been requested and project planning cannot be approved until their comments are received. The State Historic Preservation Agency (SHPA) determined that, as proposed, this project should have no effect on any Historic Properties in the National Register of Historic Places and they have no objection to proceeding with the project as planned according to state review. Based on the policies and recommendations of the Areawide Water Quality Management Plan for Northeastern Illinois, the Chicago Metropolitan Agency for Planning (CHAP) recommended support for the consolidation of the McHenry Central and South WWTPs and the decommission A the Central WWTP. Implementation The proposed project is scheduled for initiation of construction in the late summer of 2015, with completion of the project expected to take approximately 18 months. McHenry intends to fund this project entirely through the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program. For a 20-year loan of $30,102,606, at the current interest rate A 2.21%, the annual loan repayment of approximately $1,882,387 will be made from a combination of user charges and debt service fees. The current average residential bimonthly user charge is $40.90 based upon 10,000 gallons usage. With the proposed consolidation project, the average residential user charge would be increased to $57.05 bimonthly in the short term. This includes a sewer base charge for capital improvements of $4.00, sewer metered charge of $3.64 per 1,000 gallons, an existing debt service charge of $6.00 and a debt service fee of $10.65 for the proposed project. Near the end of construction the rates will be increased so that the average residential user of 10,000 gallons will have a bimonthly sewer charge of approximately $78.34 to cover the residential share of the debt service. This includes the previous charges but increases the debt service fee to $31.94. The estimated percentage of median household income to be used in payment of the annual sewer user charge is 0.71 percent. This is well within the Agency's guidelines of affordability of 2.0 percent and it does not appear that this project will create a significant financial impact. The rates will be reviewed annually to determine if there is sufficient revenue to cover any increases in operation and maintenance costs. The City is confident that revenue from the increased fees will provide sufficient funds for repayment of the loan. Public Participation Comments from the public are invited on the Facilities Plan and the proposed project. For additional information please contact: Bill Jankousky, Project Manager Illinois Environmental Protection Agency Infrastructure Financial Assistance Section Bureau of Water 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 Telephone Number: 217/782-2027 DWB BOW/grants/com_docs/bornhoff/McHenry L75293/McHenry PEID.docx - A,! " ,ti - a A. FEA AM . Ls �i m. m rA k yJc A � sIAA'N ,A1 AAA "iAnmIoIA fflA VptIA%I tA1Ai4lI,iI Il"4Lr,A �§. : N River Rd,,. _ _�._ nta 5-%A k River % Pt!-Ja A IAA Af I.X4A ALA -AtA7O AAA4 ANI ,Il 93 oN ND lAA Ai Alt p ({ eF - I'4 w.- AAA AAitA qJ t o r ✓" Ft ,lc { T t ,. x 11 e..'- f`' -- 9 a -:_ - -- — - -- '- -- —. i '�+:= t — yg S -4 r Aga t Q-\ -'�, t ... *' - mot- r� iA f a �1 e A 4s c -- s' A gg" 1 '- 4 '.'el ' k t .6k R- - 1 r ilr + } - A � 6 A {6Nf 3 4 f( 1 _ it _ ff� s l '�2 4 6 tre - - .._•t d E Y r t= E - rd r+r'. ^_ - , A f J N 1 , r 4 1 -�rp A t`r N� WGreen St. I � ,¢„c�i:a Fd Green S} �' �� iguaaag.g..'e m� � z5 uaa�� � mc� � 1 x �•_ +� tjr ° p •" 'N� �' i I A 7 1 t a. .i 15 y six �x- sl r -', + tt { i` -T" it 1 4,; S��p ier I _ �+ s t4 v A�_r ��° lUol� 4a IA — _,franlASt �,.� FrontsSt •' �� `runt �t �. Y t ® aSt '" �, 9 5 z s t: 4 + _ A s j r -£,sue { 3 J0 2. s ,tip r . At i w i ._ NI I Al AA'AA 'All All 'Y i. itS\ � 0. - lotAr j6A n �:: w', i m _Ali: .�. _ C' - - - - - - - - Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PUBLIC HEARING TO: Mayor and City Council FOR: June 15, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Public Hearing and consideration of the First Amendment to the Preserves of Boone Creek Annexation Agreement including acceptance of a Plat of Dedication for Right -of -Way along Bull Valley and Curran Roads ATT: 1. Location Map 2. City Council Meeting Minutes dated April 11, 2005 3. Ordinance authorizing execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement 4. Draft First Amendment to the Preserves of Boone Creek Annexation Agreement 5. Originally approved (April 11, 2005) Preserves of Boone Creek Annexation Agreement 6. Plat of Dedication for Right -of -Way along Bull Valley and Curran Roads BACKGROUND: On April 11, 2005 the City entered into an annexation agreement for the subdivision and development of the approximately 300-acre property north of BUII Valley Road and east and west of Curran Roads. The agreement includes the approval of a concept plan for the development of 414 single-family homes, 136 townhome dwelling units and commercial property at the intersection of Bull Valley and Curran Roads. Due to the downturn in the economy the development was annexed and zoned however has not received any type of subdivision plat approval (preliminary or final). Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Due to increasing traffic and safety concerns at the intersection of Curran and Bull Valley Roads the completion of roadway improvements to this intersection is becoming important to address now. The City applied for and received Surface Transportation Program (STP) funding through the McHenry County Council of Mayors to complete these improvements, which would include the installation of a traffic signal and corresponding roadway widening and construction of turn lanes at Curran and Bull Valley Roads. In order to complete these roadway improvements however additional right-of-way along Curran and Bull Valley Roads is required. The property owner, Mr. Roger Gerstad, has agreed to dedicate the right-of-way required to do this project upon amendment to the Preserves of Boone Creek Annexation Agreement. Attached to this supplement are the proposed amendments to the existing annexation agreement. Amendments to the originally approved annexation agreement are in bold and italicized. If the City Council concurs it is recommended to approve the attached ordinance authorizing the Mayor and City Clerk to execute the First Amendment to the Preserves of Boone Creek Annexation Agreement between the City of McHenry, First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders. (Mayor and City Council vote 2/3 majority or 6 votes required for approval). �a weanT or -rre 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry City Council Minutes dated April 11, 2005 DISCUSSION REGARDING THE PRESERVES OF BOONE CREEK DEVELOPMENT (ADAMS FARM): ANNEXATION AGREEMENT; ORDINANCE AUTHORIZING EXECUTION OF ANNEXATION AGREEMENT; ORDINANCE ANNEXING SUBJECT PROPERTY; ORDINANCE GRANTING ZONING MAP AMENDMENT AND VARIANCES Mayor Low introduced Roger Gerstad of Gerstad Builders, developer of the Adams Farm Property. She noted that Mr. Gerstad last appeared before Council regarding this development on December 20, 2004. Mr. Gerstad stated he appreciates Councils consideration of a revised site plan. He noted the current site plan resembles the plan submitted in December, but includes modification to the single-family homes. Additionally, Mr. Gerstad indicated the Traffic Study has been re -done and re-evaluated by Metro Transportation Group, Inc. The revised Traffic Study is dated April 2005. Mr. Gerstad outlined the fees the City would recognize by development of the property and distributed a copy of the Architectural Standards, dated May 1, 2003, to Council. Mr. Gerstad requested Council approve the Annexation Agreement and grant the Zoning Map Amendment and Variances. City Administrator Assistant Martin informed Council that the current Traffic Study has been analyzed by the City Engineer. He assured Council that the developer has agreed to work with the City Engineer regarding the location and number of access points along Bull Valley Road. Alderman Glab requested clarification from Mr. Gerstad regarding the term "fences" versus "landscape screening." He noted concerns with restrictions imposed on potential property purchasers who may choose to install a fence. He suggested that fences be limited to a wrought iron style throughout the subdivision. Alderman Glab stated he also had issues with landscape easements. 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Alderman Murgatroyd stated he has concerns with portions of the Annexation Agreement. He inquired why sixty building permits would be required for Year 3 and later in the townhome development phase of the project. City Administrator Maxeiner stated the number required would depend on which neighborhoods in the project are built first and in which order. Alderman Murgatroyd suggested the clock on building permits start running with recordation of the Final Plat of Subdivision. Mr. Gerstad indicated he has no problem with Alderman Murgatroyd's suggestion. Responding to Alderman Murgatroyd's inquiry regarding the Long Term Management Plan for the Boone Creek Corridor, Mr. Gerstad stated the developer would deposit a bond with the City as an indication of complying with the best management practice for the Boone Creek Corridor. Maintenance would be assessed to the Master Homeowners Association for continued care and enhancement. Mr. Gerstad assured Council that the assessment would be disclosed to all prospective home purchasers at the time of sale. Alderman Murgatroyd opined he has strong concerns regarding the road improvements due to the high traffic count on Bull Valley Road and Curran Road. Responding to Alderman Murgatroyd's inquiry, Bob Wegener of Smith Engineering Consultants, the City's engineering firm, stated traffic volumes are approaching the number required for signalization. He noted that five accesses are currently proposed for Bull Valley Road. Alderman Murgatroyd stated he continues to have concerns regarding the amount of commercial development proposed for the site. He opined it is not an appropriate location for this amount of commercial property. Alderman Peterson indicated he is more comfortable with the project now that the preservation of Boone Creek Corridor and traffic issues have been addressed. Alderman Condon indicated she would like either no fencing at all throughout the development or similar fencing, as suggested by Alderman Glab, throughout the subdivision. She stated she is pleased with the compromise reached regarding the building permit limitations. Alderman Condon requested Staffs input regarding maintenance of the park on the west side of the property being maintained by the homeowners association. Director of Parks and Recreation Merkel stated it is a small park, consisting of approximately two acres. Staff is comfortable with the proposed maintenance of this small park by the homeowners association. 5 i WV LIM HC T O Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Clarifying Alderman Condon's inquiry regarding the lot size variances for Parcels 1, 2 and 5, Mr. Gerstad stated the variances are due to the approach from the side, near the lot line, of the garages of some of the units. Alderman Bolger commended Staff and the developer for working together on the project. Alderman Glab suggested language be included in the Annexation Agreement or the Homeowners Association Covenants providing the City of McHenry with authority to maintain Boone Creek in order to address drainage issues. Mr. Gerstad indicated that Paragraph 14 on Page 4 of the Annexation Agreement addresses those concerns. City Engineer, Bob Wegener, explained the calculations regarding drainage are based upon impervious area per acreage. Alderman Glab indicated he would like to see Council review models of all the buildings offered by the developer prior to making a decision regarding the project. He stated he is concerned with the proposed location of the park just off Newport Drive as this road will eventually become a collector road. A lengthy discussion ensued regarding the City's new approach to residential housing neighborhoods. Mayor Low stated Council has indicated on a number of occasions an interest in new concepts. This developer is presenting a new concept and has complied with Council's suggestions during the approval process. Mayor Low indicated Council should demonstrate confidence in the developer's concept. Alderman Murgatroyd stated he would like a caveat in the Annexation Agreement stating that the Architectural Standards could be amended or adjusted, to allow Council an opportunity to review them since they were just received tonight. Addressing concerns indicated by Alderman Murgatroyd, Mr. Gerstad assured Council the developer would be bearing the cost of all improvements to Boone Creek. Alderman Peterson indicated he has no concerns with the variances, however, he agrees with Alderman Glab and Alderman Condon that there should be consistency throughout the neighborhood regarding fences. Alderman Condon stated she concurs with Alderman Glab regarding the City having some oversight of Boone Creek. She noted that while some of her constituents have expressed concern regarding the development of this property she is looking forward to the new concepts Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us and is comfortable with the concessions the developer has made and Staffs efforts to work with the developer. Mr. Gerstad assured Council that the Architectural Standards would be modified to restrict fencing to a wrought iron fence, or a colored chain link fence, to assure consistency throughout the subdivision. A representative of the Boone Creek Watershed Alliance in the audience requested that she be recognized. She expressed concern that a homeowners association might not have the level of expertise required to maintain Boone Creek. City Administrator Maxeiner stated there would be a back-up Special Service Area to address the type of issues expressed. Alderman Glab indicated he continues to have concerns regarding the proposed commercial development at the southeast portion of the property. Alderman Peterson stated he supports both areas of commercial developments on the property proposed by the developer. Motion by Peterson, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance authorizing the Mayor and the City Clerk's execution of an Annexation Agreement between Gerstad Builders and the City of McHenry for the Preserves of Boone Creek, subject to review of the Architectural Standards by Staff. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. Motion by Wimmer, seconded by Bolger, to accept Staffs recommendation to pass an ordinance approving the annexation of the Adams Farm Property located on the east and west sides of Curran Road, and the north side of Bull Valley Road in McHenry County, Illinois consisting of approximately 300 acres. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. r� H�o. r E FOX WMAA Motion carried. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Motion by Bolger, seconded by Peterson, to accept Staffs recommendation to pass an ordinance: • granting a Zoning Map Amendment to RS-2, RM-1 and C-3 as depicted on the site plan; • granting variances for: o lot width from 80 feet to 70 feet for parcels 1,3, and 5 as depicted on the concept plan, Exhibit C; o lot size from 10,890 square feet to 9,000 square feet for parcels 1,3 and 5 on the concept plan, Exhibit C; o front yard building setback from 30 feet to 20 feet for parcels 1,3, and 5 on the concept plan, Exhibit C. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT DATED APRIL 11, 2005 BETWEEN THE CITY OF MCHENRY, A MUNICIPAL CORPORATION, IN THE STATE OF ILLINOIS ("CITY"), FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 ("OWNERS") AND GERSTAD BUILDERS ("BENEFICIARY AND DEVELOPER") IN THE CITY OF MCHENRY, MCHENRY COUNTY, 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 passage of this Ordinance 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, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said proposed First Amendment to the Preserves of Boone Creek Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said First Amendment to the Preserves of Boone Creek Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL, OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the First Amendment to the Preserves of Boone Creek Annexation Agreement, a true and correct copy of which is attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2015 ATTEST: City Clerk Janice C. Dalton 10 Mayor Susan E. Low Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A (A copy of the First Amendment to the Preserves of Boone Creek Annexation Agreement) F�� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us First Amendment to the Preserves of Boone Creek Annexation ArMreement THIS FIRST AMENDMENT TO THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT, APPROVED BY THE CITY COUNCIL OF MCHENRY ON APRIL 11, 2005 ("Original Agreement"), is entered into this 15T" day of June, 2015, between the City of McHenry, an Illinois municipal corporation, 333 S Green Street, McHenry, IL 60050 ("City'), First Midwest Bank Trust #4562, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually, but as Trustee Under a Trust Agreement dated January 11, 1989, and known as Trust No. 4562, First Midwest Bank Trust #13375, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually but as Trustee under a Trust Agreement dated January 8, 2003 and known as Trust No. 13375, ("Owners"), and Gerstad Builders Inc., 1600 Reagan Boulevard, McHenry, IL 60051, ("Beneficiary and Developer') and any subsequent successors and assigns regarding the property located on the east and west sides of Curran Road and on the north side of Bull Valley Road in the City of McHenry ("Subject Property") legally described on Exhibit A attached hereto and incorporated herein ("First Amendment"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Road Improvements and Contributions. Paragraph 25(a) of the Original Agreement is hereby deleted in its entirety and replaced with the following language: "25. Road Improvements and Contributions. a) OWNER agrees to construct all internal and external roadway improvements, excluding any improvements to the Bull Valley/Curran Road intersection, which is referenced in Paragraph b of this section, which may include any or all of the following: left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with the development of the SUBJECT PROPERTY in accordance with the Concept Plan. OWNER acknowledges and agrees to contribute, in -kind or by cash contribution in whole or part the amount of four hundred thousand (400,000) dollars towards the cost of future 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us road improvements to the Bull Valley/Curran Road intersection. This contribution may be used for left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches attributed solely to the Bull Valley/Curran Road intersection. The specific roadway improvements to the Bull Valley/Curran Road intersection shall be determined by the CITY'S Engineer. OWNER shall submit receipts from the construction of these improvements to the CITY to verify the dollars spent. OWNER shall construct said improvements within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY or in the alternative prior to the issuance of a building permit for the 200t' residential unit within the development. OWNER shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions." 2. Right -of Way Dedication -West McHenry Bypass. Paragraph 26 of the Original Agreement is hereby deleted in its entirety and replaced with the following language: "26. Riht-of Way Dedication -West McHenr�ypass. a) OWNER acknowledges that a preliminary plan exists for a Route 31 West McHenry Bypass. OWNER shall dedicate right -of --way for the bypass to the appropriate jurisdiction in the configuration provided on the Concept Plan upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested by the CITY if necessary for the planning or construction of the bypass. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. b) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its best efforts to designate the right -of --way along the Curran Road, in the location shown on the Concept Plan, as the final alignment of the Route 31 West McHenry Bypass. c) The Plat of Dedication for right-of-way along Bull Valley and Curran Roads prepared by HR Green dated 4/22/15 and consisting of one page attached hereto and incorporated herein as Exhibit "B" is hereby approved, shall be executed by Owners, Beneficiary and Developer no later than July 15, 2015 and thereafter executed and recorded by the City. Owner and Beneficiary and Developer shall be responsible for payment of all taxes, fines and assessments levied upon the lands, improvements and other property, through December 31, 2015, included on Exhibit 13 n�aT or rye nx a�varti/ Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us "B." In the event City receives a notice of unpaid taxes, assessments) or fine(s) which are to imposed on the land heretofore dedicated on Exhibit "B" City shall provide Owners and Beneficiary and Developer with copies of each such notice. Owner and Beneficiary and Developer shall pay any unpaid taxes, assessment(s) or fines) within thirty (30) calendar days of receipt of such notice from the City." 3. Binding Effect and Term Paragraph 29 of the Original Agreement shall be deleted in its entirety and replaced with the following language: "29. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities until April 11, 2035." 4. Conflicts In the event the terms of this First Amendment conflict with the terms of the Preserves of Boone Creek Annexation Agreement the terms of this First Amendment shall govern. Except as specifically provided herein, the First Amendment to the Preserves of Boone Creek Annexation Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the date and year first above written. Attest: Janice C. Dalton, City Clerk By: 14 City of McHenry Susan E. Low, Mayor Owners: First Midwest Bank Trust #4562 Print Name: Department of Community & Economic Development McHenry Municipal Center First Midwest Bank Trust #13375 Gerstad Builders Inc. (Beneficiary/Developer) Bv: Print Name: Its: 15 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A (Legal Description of Subject Property) GUVERND NT LOT 1 OF TIE NDRiHEAST yQI7ARTER CF SECTTVX4 5 (E-&k IzrV THIN PART BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A DISTANCE; OF 1036m14 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT RIGHT AXGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.72 FEET TO A POINT; THENCE SOUTH, FOR A DISTANCE OF 313.07 FEET TO A POINT CAN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, SAID POINT BEING 208.71 FEET EAST OF THEE PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 20E.71 FRET TO THE PLACE OF BEGINNING) , ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF SAID SECTION 5, ALSO A PART OF GpV11PM4ENT LOT 1 OF THE NORTHWEST QUARTER OF SAID SECTION 51 DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SRC=oh7 5 A4 RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1.072.5 FEETt 14ORE OR LESS TO TIME NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER; THENCE HEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE SOUTH PARALLEL WI'dH SAID NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS, TO THE SAID EAST AND WEST QUARTER.LINE; THENCE EAST ALONG SAID EAST AND WEST QUARTER LINE, 1015 , 3 ® FEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER OF SECTION 41 ALL BEING IN TOWNSHIP 44 NORTH, AGE 8 EAST OF THE, TIiIRD PRINCIPAL MERIDIAN, IN MCHENI;y COL7NTY', ILLINOIS; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B (Plat of Dedication) 17 ORDINANCE NO. ORD-05-1261 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT FOR A 300 ACRE PROPERTY LOCATED ON THE EAST AND WEST SIDES OF CURRAN ROAD, AND THE NORTH SIDE OF BULL VALLEY ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, and First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders (hereinafter collectively referred to as "OWNER") are the legal owners of record of the real estate located on the east and west sides of Curran Road, and on the north side of Bull Valley Road, in McHenry County, Illinois; and WHEREAS, the OWNER and the City desire to enter into an annexation agreement to provide for the development of said real estate; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the Cit}t of McHenry, within the time provided by law, notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required bylaw and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION l : The annexation agreement, bearing the date of April 5, ZOOS, between the City of McHenry, a Municipal Corporation in the State of Illinois, and First Midwest Bank Trust #4562, First Midwest Bank Trust # 13375 and Gerstad Builders, record owners, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "The Preserves ofBoone Creek Annexation Agreement", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 1 SECTION 5: This Ordinance shall be m full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 1 ]rTH DAY OF n p R I L , 2005 AYES: BOLGER,'LOW2 WIMMERD PETERSON, CONDON NAYS: GLAB, MURGATROYD ABSTAINED: NONE ABSENT: NONE NOT VOTING: N 0 N E APPROVED THIS ATTEST: 11TH DAY OF 2 APRiL ,2005 THE PRESERVES OF BOONS CREEK ANNEXATION AGREEMENT This Agreement made and entered into this 11 day of April, 2005, by and between tl CHENRY, an Illinois munici Mpal corporation (hereinafter referred to as "CITY'), MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 AND BUILDERS (hereinafter collectively referred to as "OWNER"). RECITALS e CITY OF and FIRST GERSTAD A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the CITY. C. The SUBJECT PROPERTY is currently improved with one single-family residence and farm buildings on the north side of Bull Valley Road, and is zoned A4, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. E. The SUBJECT PROPERTY consists of contiguous tracts of land, separated only by public road rights -of --way, all of which are not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and are presently contiguous to and may be annexed to the CITY in accordance with 65 ILCS 5/7-14, et seq. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of Nunda Township, so notice of the annexation of the SUBJECT PROPERTY has been served to the Nunda Township Commissioner of Highways and Board of Town Trustees by certified mail. J. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1.1, et seq. Page 1 of 18 K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS. 1. Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Zonina• Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RS-2, Medium -Density Single -Family and RM- 1, Low -Density Multi -Family Residential and C-3, Community Commercial for the SUBJECT PROPERTY in substantial conformance with the zoning district boundaries depicted on Exhibit B_, entitled "Proposed Zoning Partitions for the Adams Farm", prepared by Howard Surveying Co., Inc., dated September 21, 2004, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Zoning Plat"). 3. Variances. Immediately following the annexation and zoning of the SUBJECT PROPERTY, the C11.Y shall adopt an ordinance granting the variances listed below, with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the Concept Plan referenced in this Agreement. A) Lot Width Variance from 80 feet to 70 feet for Parcels 1, 3 and 5. B) Lot Size Variance from 10,890 square feet to 9,000 square feet for Parcels 1, 3 and 5. C) Front Yard Building Setback Variance from 30 feet to 20 feet for Parcels 3 and 5. 4. Concept Plan. The Concept Plan, prepared by Welch Hanson Associates, dated January 15, 2003 and bearing a latest revision date of November 301 2004-015 attached hereto as Exhibit C and made a part of this Agreement by reference (hereinafter referred to as "Concept Plan"), is hereby approved. OWNER agrees that representations regarding the location of proposed zoning designations, the provision of a collector road, and buffering along the Boone Creek Corridor shall be binding and any amendments to such representations, except as otherwise provided herein, shall require an amendment to this Agreement. OWNER acknowledges that a Preliminary and Final Plat of Subdivision will be required for the development and lot layout, road layout, land uses, and open spaces depicted on said plat or plats shall be in substantial conformance with the Concept Plan. Access location, type and roadway geometry along Bull Valley Road and Curran Road may change upon further engineering studies. OWNER further agrees that the representations made on .the Concept Plan and during the development review process regarding stormwater management practices and processes, including: the use of rain gardens, grass swales and other Best Management Practices (BMPs) shall be binding and must be incorporated into the overall preliminary and final engineering design, for the east side of Curran Road, for the Concept Plan referenced in this Agreement. If the engineering plans deviate from the use of BMPs, an amendment to this Agreement shall be required. Page 2 of 18 05--4f�-000 f 5. Maximum Number of Residential Units. The total number of new residential dwelling units (including single-family detached, single-family attached and townhome units) permitted and constructed on the SUBJECT PROPERTY shall not exceed five hundred and fifty (550),` as follows: A) The maximum number of townhome units permitted and constructed within Neighborhood #2, the RM4 area east of Curran Road as depicted on the Concept Plan, shall not exceed one hundred thirty-six dwelling units (136). B) The maximum number of single-family units permitted and constructed within Neighborhoods #1, 3, 4, 5, 6, and 7, east and west of Curran Road as depicted on the Concept Plan, shall not exceed four hundred fourteen dwelling units (414). 6. Aericultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not been final platted may continue to be used for agricultural purposes, including crop farming over the entire parcel and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. 7. Architectural Standards. OWNER agrees that Exhibit D, entitled "Architectural Standards for the Preserves of Boone Creek", dated May 3, 2003, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Architectural Standards"), shall be implemented and enforced by OWNER to regulate development within the SUBJECT PROPERTY, and shall be incorporated into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. Said Architectural Standards address the RS-2, RA-1, RM4 and C-3 portions of the development, as depicted on the Zoning Plat. The Architectural Standards manual shall be subject to amendment by City Staff and the City Council as deemed necessary. 8.' Buildin, Pg lans. Plans for all duplex units and townhome units constructed in the subdivision shall be stamped by a licensed, registered architect in the State of Illinois. The OWNER shall have the option of using master plans for the single-family portion of the development and each master plan shall be stamped by a licensed, registered architect in the State of Illinois. Any and all subsequent changes to the master plans, however, shall be approved, stamped and sealed by an Illinois Registered Architect, 9. Landscape Plans.' Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit E, entitled "Preserves of Boone Creek Landscape Plan" three pages, prepared by Ruth Landscaping and dated May 2005 attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final platted with the exception of the landscaping on the individual lots in the single-family areas of the SUBJECT PROPERTY. OWNER shall implement, installed, enforce, and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 10. Townhouse Neighborhood Plans. OWNER agrees to provide Landscape Plans for the townhouse and single-family attached neighborhoods, for the CITY'S review and approval, prior to approval of the first final plat of subdivision for the area of the SUBJECT PROPERTY zoned RM-l. Page 3 of 18 05-�6-0082 11. Commercial Development. The City Council shall review and approve any and all site plans for commercial portions of the development prior to the issuance of any site development or building permits being issued for those portions of the SUBJECT PROPERTY, 12. Phasing of Development. OWNER shall develop the SUBJECT PROPERTY in substantial conformance with the phasing for final plats of subdivision as provided on the Preliminary Plat. This phasing plan shall be considered as a geographic representation of the sequence of development. CITY acknowledges that said phasing plan is anticipatory in nature, and that OWNER may request amendments from time to time. 13. Limitation on Building Permits' OWNER and CITY agree that the CITY shall limit the maximum number of building permits issued each year for new residences within the area of the SUBJECT PROPERTY zoned RS-2 and RM-1 . A. The maximum number of building permits issued for single family detached dwellings each one-year period shall be as follows: Year 1 - Forty (40), Year 2 — Fifty (50), Years 3 and later — Fifty-five (55). The first one-year period shall begin upon City Council approval of the first final plat of subdivision for any single-family portion of the development. The maximum number of building permits allowed, for the single-family portion of the development, shall not be cumulative from one year to the next. B. The maximum number of occupancy permits issued for townhome units each one year period shall be as follows: Year 1-Thirty (30), Year 2 —Forty (40), Year 3 —Fifty (50), Year 4 —Fifty (50), Year 5 - Fifty (50), Years 6 and later — Sixty (60). The first one-year period shall begin upon City Council approval of the first final plat of subdivision for any townhome portion of the development. The maximum number of occupancy permits allowed, for the multi -family portion of the development, shall not be cumulative from one year to the next. 14. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and ' maintenance of all Architectural Standards, Landscape Plans, private paths, open space, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on xhibit D, Exhibit E, and Exhibit F. by creating one or more "homeowners' association" or appropriate organizations. The provisions of each homeowners' association corporate charter and bylaws and any covenants used in its enforcement shall be submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners' association charters, bylaws, and covenants, as they relate to issues, pertaining to stormwater, detention, the ongoing maintenance and preservation of the Boone Creek Corridor or other aspects of the development which may adversely impact homeowners in the development, and that all such documents shall so provide. 15. Back -Up Special Service Area; Prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private "homeowners' association" and assessment to ensure the continued maintenance of the private subdivision improvements, including open space, landscaping, and other amenities as provided in this Agreement. 16. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of the first fmal plat of subdivision for the SUBJECT HUMERI in accordance with the CITY'S Tree Preservation ordinance. Page 4 of 18 0�-�6-ooe3 17. Boone Creek Corridor. The OWNER and CITY recognize that the Boone Creek Corridor will require special attention during the development of the SUBJECT PROPERTY and continuing maintenance and upkeep after development. A) Lonb Tem Management Plan. Attached hereto and incorporated herein as Exhibit F is a Long- term Management Plan for the Boone Creek Corridor ("Boone Creek Corridor Plan"). Within thirty (30) days following approval by the City of the first final plat of subdivision for the SUBJECT PROPERTY, OWNER shall pay to the CITY the lump sum of twenty thousand ($20,000) dollars, which may be in the form of a Letter of Credit, and shall be placed in an escrow account, to be used for the ongoing maintenance of the Boone Creek Corridor prior to the development or after development of the SUBJECT PROPERTY is completed. Said letter of credit shall expire upon the acceptance of the public improvements in Neighborhoods 1, 2 and 3 by the CITY. B) Erosion and Construction Runoff Control' Prior to any clearing, excavation, grading or other site development work being done on those portions of the SUBJECT PROPERTY which lie east of Curran Road, the OWNER shall provide the CITY with an Erosion and Construction Runoff Control Plan. Said Plan shall include extraordinary measures, including but not limited to hay bales, silt fencing, straw, etc., that will prevent silt or any other construction runoff or debris from entering into the Boone Creek Corridor. Said Plan shall be approved by the CITY prior to any site development work being done on these portions of the development. C) Stormwater Management. OWNER acknowledges that the stormwater runoff generated from the proposed development may impact the Boone Creek Watershed. OWNER agrees to work with the CITY and CITY Engineer to consider the use of best management practices, where feasible, to minimize the development's potential impacts of stormwater runoff into the Boone Creek Watershed, 18. Curb, Gutter and Sidewalks. OWNER shall install public sidewalks on both sides of the street, except in any instance where a bike path is substihited for a sidewalk on one side of the street in the Concept Plan, concrete curb and gutter, and an enclosed storm sewer system, designed and constructed in accordance with the ordinances of the CITY. OWNER shall also install an eight (8) foot wide asphalt bike path on the north side of Bull Valley Road along the entire frontage of the SUBJECT PROPERTY. In any instance, the CITY shall have the option of requesting cash, in the amount of the proposed sidewalk or bike path improvements, in lieu of installation of said improvement. OWNER shall install a bike path along the Boone Creek Corridor, as designated on the Concept Plan, upon approval of the Final Plat of Subdivision for Neighborhood 2. 19. Sanitary Sewer and Water. A) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water. OWNER will be allowed to extend the municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY will service the development with water and sanitary sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made available to the development on the same basis as it is made available to other developments. B) The CITY acknowledges that there is NOT currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY, and the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to Page 5 of 18 OS-46-n084 construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. C) OWNER shall cause to be fmanced and/or constructed all municipal sanitary sewer system and water supply and distribution system improvements required to meet the expected demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on and capital improvement fees for sewage treatment plant improvements, and water tower, well, and treatment improvements. D) The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, surveying cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. 20. Temporar�gnage. A) Advertising Suns. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of six (6) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs shall not be permitted). The signs shall be two-sided or V-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the SUBJECT PROPERTY has reached ninety (90) percent occupancy of the total number of residential units proposed, based upon issuance of Certificates of Occupancy. B) On -Site Directional Signs. On -site directional signs identifying the sales office(s) and models) shall be allowed subject to approval by the Community Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of sales office(s). C) Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary marketing signs shall be permitted to the OWNER for participation in the Festival of Homes sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more than four (4) times a year. 21. Traffic Control Signs. It shall be the sole responsibility of the OWNER to conduct a speed study for the entire SUBJECT PROPERTY and locate the necessary signage with regards thereto. 22. .Model Homes; Construction Trailers. A) Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of any final plat of subdivision or engineering approval, the OWNER shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy model units in one or more product lines being offered by the OWNER and to construct and maintain other appurtenant facilities for said model units, including temporary sanitary facilities and systems (when a permit is Page 6 of 18 received from the McHenry County Health Department) in advance of the construction of sanitary, storm sewer, storm water detention facilities and water mains, provided, however, no such construction shall prejudice the power and right of the CITY to review, approve and disapprove final plats of subdivision and engineering plans for any parcel containing said models. OWNER shall have the to right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to aHow the OWNER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. B) Construction Trailers. Construction trailers used to build homes shall be allowed in each phase of development, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 75% of the lots in each phase, all construction trailers shall be removed from that phase of development. 23. Underground Utilities. OWNER shall install underground, at OWNER'S cost, all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development of the SUBJECT PROPERTY, 24. Sanitary Sewer Access. OWNER shall provide a means of access to the air release valve of the force main, which is generally located at the far eastern edge of the SUBJECT PROPERTY, behind the lots abutting Brookwood Trail and east of Curran Road, 25. Road Improvements and Contributions. A) OWNER agrees to construct all internal and external roadway improvements, excluding any improvements to the Bull Valley/Curran Road intersection, which is referenced in Paragraph ' b of this section, which may include any or all of the following: left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with the development of the SUBJECT PROPERTY in accordance with the Concept Plan. OWNER acknowledges and agrees to contribute, in -kind, the amount of four hundred thousand (400,000) dollars towards the cost of future road improvements to the Bull Valley/Curran Road intersection. This contribution may be used for left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stonnwater ditches attributed solely to the Bull Valley/Curran Road intersection. The specific roadway improvements to the Bull Valley/Curran Road intersection shall be determined by the CITY'S Engineer. OWNER shall submit receipts from the construction of these improvements to the CITY to verify the dollars spent. OWNER shall construct said improvements within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY or in the alternative prior to the issuance of a building permit for the 200u' residential unit within the development. OWNER shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. B) OWNER acknowledges and agrees that several existing intersections and roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a Page 7 of 18 OS-46-Oa86 result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees to contribute $100,000 towards the cost of road improvements in the vicinity of the area, including but not limited to improvements to the intersection of Crystal Lake Road and Bull Valley Road and Draper Road and Bull Valley Road, to offsite intersections and roadway widening. Said contribution shall be made in two installments of $50,000, the first being due within ninety (90) days after approval of the first final plat of subdivision, and the second being due within ninety (90) days after approval of the second final plat of subdivision. 26. Right -of Way Dedication -West McHenr�Bypass. A} OWNER acknowledges that a preliminary plan exists for a Route 31 West McHenry Bypass. OWNER shall dedicate right -of --way for the bypass to the appropriate jurisdiction in the configuration provided on the Concept Plan upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested by the CITY if necessary for the planning or construction of the bypass. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. B) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its best efforts to designate the right -of --way along the Curran Road, in the location shown on the Concept Plan, as the final alignment of the Route 31 West McHenry Bypass, 27. Park Land Dedication. OWNER shall convey and dedicate to the CITY, for unrestricted public use, We area east of Curran Road and adjacent to the Boone Creek Corridor, on the Preliminary Plat designated as "Park" upon approval of the first final plat of subdivision adjacent thereto. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in ' the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall pay to the CITY the sum of two thousand (2,000) dollars to be used to assist the CITY in developing'a plan for the Park Site. OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for active park and recreation purposes. The CITY will maintain the park site upon conveyance. 28. Donations. Contributions, and Fees. OWNER acknowledges that the development of the SUBJECT PROPERTY will impact on schools, parks, the library and fire protection districts and other public services within the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows: A. Annexation Fees 1. OWNER shall pay to the CITY the lump sum of $I45,580 within ninety (90) days Y following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. os-��-oas7 2. Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of acres included in the subdivided area. 3. OWNER shall pay to the CITY the sum of $596 per residential unit, including single family and multifamily units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. 4. OWNER shall pay to the CITY the sum of $2,013 per residential unit constructed on the SUBJECT PROPERTY, $1,090 to School District NO. 15, $795 to School District No. 156 (hereinafter referred to as "School Districts"), $64 to the McHenry Public Library District (hereinafter referred to as " Library District'), and $64 to the McHenry Township Fire Protection District (hereinafter referred to as "Fire Protection District"). The monies shall be paid upon issuance of each Certificate of Occupancy. B. Cash Donations 1. OWNER shall pay to the CITY certain Cash Donations per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Single -Family Detached Total 156 15 2 or Less Bedrooms $21942 $1,030 $1,912 $3,025 $274 $274 $6,515 3 Bedrooms $4,316 $1,511 $2,805 $4,350 $274 $274 $9,214 4 Bedrooms $5,689 $1,990 $3,699 $5,647 $274 $274 $110884 5 or More Bedrooms $5,825 $2,039 $3,786 $5,655 $274 $274 $12,028 Single -Family Attached 1 Bedroom $0 $0 $0 $1,790 $274 $274 $2,338 2 Bedrooms $1,844 $445 $1,349 $2,986 $274 $274 $5,378 3 Bedrooms $2,087 $580 $1,507 $3,588 $274 $274 $6,223 4 Bedrooms $5,024 $1,608 $3,416 $4,718 $274 $274 $10,290 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". 2. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than the cash donation amounts set forth in the CITY'S ordinances, as amended from time to time, an amount equal to the amounts specified in the CITY'S ordinances, after adjustments as calculated above for land donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. . 3. In the event the CITY'S cash contribution ordinance, or any other ordinance of the CITY relating to cash contributions for schools, parks, library and fire protection districts, is f repealed or declared by a court of law to be found unenforceable and all appeals have been exhausted, OWNER agrees to pay, subsequent to such final court action, the Minimum Cash Contribution Amounts set forth in this Agreement. In the event such Page 9 of 18 0;-t,6-00$8 final court or requires the CITY or School Districts to return or refund monies paid by the OWNER pursuant to the CITY'S ordinances, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amounts previously paid by the OWNER. It is the express intent of the OWNER to release the CITY, library and fire protections districts, and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. C. Release OWNER hereby releases the CITY, School Districts 15 and 156, Library District, and Fire Protection District from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. OWNER agrees not to pay any fees under protest. D. Donations Distinguished from Fees Other than the donations specified in the foregoing paragraphs, during the term of this Agreement, and irrespective. of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and. capital development fees, and other similar fees which are charged for specific services provided by the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. E. Distribution That portion of these fees to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they may be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third party beneficiary rights in School Districts 15 and 156, the Library District or the Fire Protection District. F. Annual Adjustment On May 1, 2005 and each May IS` thereafter the fees referenced in the preceding paragraphs a) iii, a) iv and b} i, shall be adjusted upward by the percent that the Chicago Area Consumer Price Index moved upward the preceding year. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 29. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereo; . 30. Amendment This Agreement may only be amended by written instrument executed by all parties hereto pursuant to the provisions of state statute. Provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the Page 10 of 18 Q5-46-��189 title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 31. Notice and Default Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be .in default specifying the nature of said default, providing thirty (30) days from the receipt of said default notice for correction of the alleged breach and providing that said thirty (30) day period shall be extended if the defaulting Party has commenced to cure such breach and is diligently proceeding to cure the same. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY City Administrator 333 S. Green Street McHenry, IL 60050 OWNER FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 AND GERSTAD BUILDERS 32. Stop Orders The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 33. Ordinance Chances Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 34. Obligations All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. 35. Enforceability It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. Page 11 of 18 36. waiver The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. 37. Severability If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Preliminary Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY B r-r�-- MAYOR i First Midwest Bank Trust #4562 �4-HA-�-�� Print Name: Gerstad uilders Inc. (BeneBciary/Developer) B — Print Name: 10024e " Its: ►'�s,t�q, First Midwest Bank Trust #13375 Print Name: Page 12 of 18 Q5-46-�091 Y 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 OWNERS First Midwest Bank Trust No. 4562 not individually, but as Trustee Under a Trust Agreement dated January 11, 1989, and known as Trust No. 4562 Print Name: Sharon L._Hettermann Its; Trust Assistant First Midwest Bank Trust No. 13375 not individually, but as Trustee Under a Trust Agreement dated January 8, 2003 and known as Trust No. 13375 Print Name: Sharon L. Hettermann ItS: Trust Assistant This Statement is Based Solely upon information and belief upon information furnished by the beneficiary or beneficiaries of the aforesaid trust. The undersigned has no personal knowledge of any of the facts or statements herein contained. Ci:tl:)C)<_'i`•:<•Tce•scaet E3uiidc�i:�clan�1'arir�;:lrnc:,asi���. Agreen?:.rrt [:)raft �3, it)-lw••i) I.cior. 15 OS-46-�Q�2 Exhibit A Legal Description of the SUBJECT PROPERTY 5,. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: GOVERNMENT LOT 1 OF THE NORTHEAST QUARTER OF SECTION 5 (EXCEPT THAT PART BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A DISTANCE OF 1036.14 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.7l FEET TO A POINT; THENCE SOUTH, FORA DISTANCE OF 313.07 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, SAID POINT BEING 208.71 FEET EAST OF THE.PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 208.71 FEET TO THE PLACE OF BEGINNING), ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF SAID SECTION 5, ALSO A PART OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER OF SAID SECTION 51 DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 5 AND RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER; THENCE WEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE SOUTH PARALLEL WITH SAID NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS, TO THE SAID EAST AND WEST QUARTER.L.INE; THENCE EAST ALONG SAID EAST AND WEST QUARTER LINE, 1015.38 FEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER OF SECTION 41 ALL BEING IN TOWNSHIP-44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,.IN MCHENRY COUNTY; ILLINOIS& Page 13 of 18 05-�6-QQ93 North ling of Fhe South 65 515 �DD�2oo 6�a l� Proposed Zoning Partitions for the Adams Farm -_..T L1 47) e 104 r E.� i � l�; e , jar/ 44 -:.Cook N89e 06'S3"E 1321,71' ----------- -------------- 191e.3s' j � j 117,45 Acres Parcels 4, 5 and 6 208.71' hr� 24B j 249 I I M22 l 32 133 I I I --_---j 5 4 1180.0' IJote: Record Qea9•i71E,f of. this Lino is 450.0' N89's 18'22 RS— 2 a 2 20,47 Acres oN 100.00' N89e 18'22 E Parcel 2 o ";�sra RA- � 10,1 Acres Parcel 8 4.91'� 725.09' i j t I ' C- 3 12.48 Acres ��. o to Parcel 7B 725.0' �- 06"E I n Tss lert (e, mee,ne9 at .yhl anye. le Ns Fart the Nnwe) pl Ma ea+IM1 >s9 :nt <m m.aeurm at d,nt wye. a ue Rattot It Watu East or I m ; i".6 µ u"1 R h uhtsonu a JatY. 94d. (CwtatnNy 12Ae oyes) 5.85 Ac, 5 4 340.0' 5 q z 1025.00' 68.31 Ac Parcel 3 0 z dl N NWwey Camey, lenela (ewlonna e9.]t one) � y 2653.01' of aU legaIs 65.64 Acres Parcel I STALE Or AUNdS ) J Si C6rJNTr (�' UM1T) ' In beAdl oI Naecrd iu )»q Cw, he. re os elnoe holexlanu sand Sum rs do hereEY cer(ity fAa1 fhu bony Pfat car prmoeJ nsm emfny dezrj+(icns and %^aX and %oat U,e Plpt M1veon, dram !a a xde al 100 legit pert inch, k a Lw. ropresenlalidn of the doweled Mtmitei 1, ,[ Baled at BeacS park take Cotenly, Mnoic chic ,Zf,day of 2'N'I. N01 AFO WRIRI17VIC 0.., RIC � Na 11e2 ticava E�pres 11/;A/B! �REACH / n / t °"aao��BER lw„ . 2392 CPG/,P.b PROFESSIONAL � .LAND a E Fa SURVEYOR itp STATE OF y F ILLIR015 �Oei ��9Cy PARK,I�dr'� !�1 Prepared eSeptecnbor 2f. 2004 fOMARD 37169 SURVEYING CO., INC. PARK. k GREEN DAY ROAD x IL. E00R] w I a i 7 3 3 C I '. 4 2' �+ :� .. e. , �.�t'` ,ii / . I . ;;y . 1� .; 9 `^r., : i ��r ;�8����. SHAMROCK SUBDIVISION: I .I l y�=_ - , `�,��� ` / _ �.L.�J. j �' ®,.• _ _ �.::. �!..• � .'i( �NE�GHBORH�OD #7 81 LO S LUSTERING ONCEPT CO DI'fI0N5. 50% OF PRODUCT OFFERED WILL FEATURE�SIDELOAD GARAGES.' 80' LOT WIDTH @BUILDING LINE, SITE DATA ' PUNRE LAND USE DESIGNATION• LOW-0EN9ITYRFAIDENf1AL /WPER ACRE 'TOTAL SITE AREA - 3o3se ACRES AREA IN LOMM[AQAL 11R ACRED - AREA IN 0.0W [IEpICATION Ea:Mm>il 1A7 ACPL9 AREA IN WEEUNp3 � a1T ACRES GR059 DEVELOPABLE AREA Z43.76 ACRE8 REQUIRED AREA IN OPEN SPACE 73.1 ACRES (30.0%) NET DEVELOPABLE AREA 170.efi ACRES AREA IN ROW PRLemRl uRumed) 25.6 ACRES (i5A%) NET DEVELOPABLE AREA LESS ROW 145.06 ACRES 70TA1 NUMBER OF ALLOWABLE DWElLINO UNRS ee00U PROPOSED NUMBER OP UNRS 560 DU PROPOSED OPEN SPACE 91.13 ACRES (3B%i IEi•lualnp Cammardall ' DEEBETIDN AREA' 17.97 ACRES PARK ARFA 1212J.GPEPARKE 4.0 ACRES DPER SPACE 75.16 ACRES DWELLING UNITS � S50 DU SITE DATA -LOT DATA NEIGHBORHOOD N7 74 LOTS tt-R9Y1M.r IEAeT PROPERT7 e1TaaE]T NEIGHBORHOOD N2 136 UNRS ]i.wwreuLaNw NEIGHBORHOOD Y/] 46 LOTS /6TtlX11T NEIGHBORHOOD i'4 30 LOTS i0.1aX1]a NEIGHBORHOOD Mb 60 LOTS a ea.Iz.z NEIGHBORHOOD C6 134 LOTS ,x.eaa,x.r NEIGHBORH000 M7 B1 LOTS Raea.txr CLUSTERING CONCEPT CONDITIONS. ' ALL LOTS NOT ON BUBBLE ON CUL-DE-SAC WILL HAVE REAR OR �SIDE� LOAD GARAGES WRH A 20' BUILDING LINE. 70' LOT WIDTH; NO LOT AREA LE53 THAN 9,00 SF. . I - F- .I -- - j NEIGHBORHOOD # 'I " �` a�o� �.�� �8 a� � OJ 45 LOTS 6 ®� � ` r I 1. . 1 � NEIGHBORHOOD #6. � i i F r � ( � �_ _. �_ � 134 LOTS 0/ I ' � � `` a � � _ CLUSTERING CONCEPT CONDIiI0N5. ' � i�, � . _, 50% OFPRODUCT OFFERED WILLFEATURE �I ; SIDELOAD GARAGES. � a �80' LOT WIDTH @BUILDING LINE.I ¢ � 1 . '� _ -•�•-_�z 110,890 SF MINIMUM LOT AREA.. I p.It 1. `y ��ii ti30' MINIMUM SETBACK. _ �} II a I, �� U I i �i �=I " �:);: - � 1 {i �: -"' , NEIGHBORHOOD #4 i, . ' 30 LOTS '�: ' 70' LOT WIDTH @BUILDING LIN r 9 000 SF MINIMUM LOT AREA. I t ' I _ 30 MINIMUMSET�ACk ,�i 4 5 ii t ;) tI ,)• t _ ( T` ' i 1 , a � � �, z - � 1I �� � ® � i L r, c I/ i -� I � '\ f � i \ f : IE 1 s` � arc - ik -t E � a� _ . ''� f ) I _ t, � � > '! 4 � � 1T 4 t L �� � �z" � � � Olvi fRC1AL iC I. u cx 1F y}y �. '. � f }Iy { A I 50 LOTS CLUSTERING CONCEPT CONDIfi0N5, ' ALL LOTS NOT ON BUBBLE OFCUL-DESAC WILL HAVE ,. REAR OR SIDE LOAD GARAGES WITH A 20' BUILDING LINE. 70' LOT WIDTH; NO LOT AREA LESS THAN 9,000 SF. LOCATION MAP NEIGHBORHOOD #2 136 TOWNHOMES (34) 4-UNIT BUILDINGS h" Q Y O O] NEIGHBORHOOD. #1 74 LOTS CLUSTERING CONCEPT CONDITIONS. 70' LOT WIDTH EXCEPT LOTS THAT BACKUP TO BROOKWOOD TRAIL. " 30' BUILDING LINE; NO LOT AREA LESS THAN 9,000 SF. rl� � ' i ENDIN62RB . ARCHITECTS SURVEYORS •PLANNEA6 WpIOSOAPE AAC/IITHCTS I 335 AUSTIN CIRCLE, SUITE 1Da DELAFIEED. WI$GG1N$IN 330�e ' 62"6/66a35 FAX 2626466R6i EMAIL I,NlC®W EI�CHHANSON.COM C/) ^'� �. J L.L.• O � LL J �. o QQ W N Q = W � � V I f ' I i PROIFR ' NUM9ER 73436 I:OMPUiE0. FllE 73436.DWG DATE 01-16-03 DRAWN er JMS NOTE:. cHEExED ev 1) ALL BOUNDARY INFORMATION BASED UPON A S�IRVEY BY VANDERSTAPPEN SURVEYING DATED AUGUST 12, 1997. R`"51pNS 06-05-03 11.30-04 . 2) TOPOGRAPHY AND WETLAND INFORMATION PROVIDED BY oo-laoa n-sa.av-o� HOWARD SURVEYING COMPANY JAN. 2, 2003. 09'30�04 7D-05-04 3) EXISTING COMPREHENSIVE PLAN DESIGNATION IS AGRICULTURAL. SHETNOMeER 1 OF 'T SHEETS EXHIBIT D ARCHITECTURAL STANDARDS THE PRESERVES OF B OONE CREEK McHenry, Illinois The Preserves of Boone Creek - a Gerstad Builders Development COMMUNITY ARCIM ECT URAL STANDARDS ' May 1, 20U CUNTENTS Introduction The Review Process The Architectural Review Committee Review and Approval Flow Chart Community Character Community Design Theme General Site Development Guidelines Community Infrastructure Architectural Character and Style RS-2 Neighborhoods Exterior Materials and Finishes RS-2 Neighborhoods Elevation Variety RS-2 Neighborhoods Architectural Character and Style RM-2 Neighborhoods Exterior Materials and Finishes RM-2 Neighborhoods Multi -family Service Areas & Equipment Scale and Massing Roof Accessories, Gutters and Downspouts Chimneys Front Entry, Service, Patio and Garage Doors Decks, Porches and Balconies Exterior Colors Single Family Accessory Structures Mailboxes Building and Yard Lighting Pools/Spas/Water Features Community Fence Program General Landscape Guidelines Single -Family Landscape Planting Requirements Multi -Family Landscape Design Multi -Family Landscape Planting Requirements Landscape Maintenance Commercial Property — Character & Style Neighborhood Signage - Character & Style Signage Maintenance Sales Trailer Requirements Onsite Construction Trailer Requirements General Rules for Builders, Subcontractors & Warranty Personnel Comprehensive Architectural Review Checklist Preliminary Design and Planning Review Application Final Application Checklist 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 32 33 33 34 35 36 37 2 COIVIMUNITYARCHITECTURAL STANDARDS Introduction The purpose of these architectural standards is to define the criteria that will guide development at The Preserves of Boone Creek. Like any community, The Preserves of Boone Creek will grow gradually over a period of years. Its ultimate form will reflect the numerous design decisions of builders and their design teams. These standards are intended to provide the foundation upon which The Preserves of Boone Creek will emerge. The architectural standards have been prepared to assist builders, planners, architects, engineers and landscape architects to become active participants in the design process, and to assure long. term community quality. They are not intended to limit development choices or design alternatives, but rather to encourage creativity, innovation and architectural diversity, while creating a blend of home styles which will enhance the community environment. The ultimate result will be to heighten property values while creating a cohesive residential character and appeal. These standards have been adopted pursuant to the The Preserves of Boone Creek Declaration of Covenants, Conditions, Restrictions & Easements. All building and development at The Preserves of Boone Creek must conform to these architectural standards, the The Preserves of Boone Creek Annexation Agreement, and the City of McHenry building code and zoning ordinance where these ordinances do not conflict with the Annexation Agreement, The Review Process The standards also outline an efficient and equitable review process that will be administered by the The Preserves of Boone Creek Architectural Review Committee. The ARC has been established in recorded documents governing the project, for the purpose of implementing the Architectural Standards. A representative of the Architectural Review Committee is available to help you interpret the standards, offering suggestions about your housing concepts. We urge you to meet with the Architectural Review Committee representative as early_ as possible to assist in your decision to build at The Preserves of Boone Creek. 3 COMMUNITYARCHITECTURAL STANDARDS The Architectural Review Committee All proposed building and development within the overall community of The Preserves of Boone Creek must be reviewed and approved by the The Preserves of Boone Creek Architectural Review Committee Prior to seeking City approval. The Architectural Review Committee consists of three members appointed by the Gerstad Builders, Inc. The committee will review each builder's development package for conformance to The Preserves of Boone Creek architectural standards, and will review individual homeowners' submittals using the same standards. Asign-off letter of compliance will be issued by the Committee to identify acceptance with the standard. A copy of this will be forwarded to the City of McHenry Planning and ' Development Department. All reviews substitutions and approvals by the Architectural Review Committee will be considered binding and final. Representatives of the Architectural Review Committee will stay intact as a functional governing body until such time that the entire The Preserves of Boone Creek community is 85% complete. At such time, review and authoritative power will be transferred to the The Preserves of Boone Creek Homeowners' Association. The Architectural Review Committee will have authority over new construction and exterior remodels, additions and other improvements. The Architectural Standards should be used as a tool by each submitting builder or homeowner for making decisions on their neighborhood, product and planning design schemes. To obtain specific information on the requirements and procedures for design review contact Gerstad Builders, Inc. a�-��-nogg 0 4 COMMUNITYARCHITECTURAL STANDARDS Review and Approval Flow Chart I C�_ DIj'J1.� �Z�: /�� li .�'Jli� iJ►�1i� • Community Architectural Standards • City of McHenry Building & Zoning Requirements • The Preserves of Boone Creek Annexation Agreement • The Preserves of Boone Creek Declarations of Covenants, Conditions, Restrictions & Easements (CCR's) Step Two Preliminary Review Requirements • Completion of Preliminary Design &Planning Review Application • Meeting between Architectural Review Committee and Builder • Preliminary approvals to proceed or recommendation for change Step Three FINAL REVIEW REQUIREMENTS • Submittals of two (2) Design Packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application • Meeting between Architectural Review Committee and Builder • Final sign -off and approvals by Architectural Review Committee to proceed or recommendations for change. FUTURE EXTERIOR REMODELING AND ADDITIONS • Completion of relevant portions of Preliminary Design and Planning Review Application • Meeting between Architectural Review Committee and Builder or Owner • Submittals of two (2) Design packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application • Final review, sign -off and approvals by Architectural Review Committee E Q�-46-0 f Oil COMMUNITYARCHITECTURAL STANDARDS Community Character The Preserves of Boone Creek is a planned 300-acre community located in the rolling farmlands in the lakes region of McHenry County. Eventually, it will be home to approximately 550 new residences surrounded by many parks and natural areas. The Preserves of Boone Creek is envisioned as a new multi -use community intended to provide a comfortable and rewarding environment in which to live and play. A coherent and orderly pattern of "neighborhoods", natural open space, and planned amenities will merge with the site's natural characteristics, beauty and history. Curran and Bull Valley Roads are the roadways that will provide convenient access to this 300-acre community. A new internal roadway system will connect the various residential neighborhoods and provide easy access to the remainder of the community's amenities. North POOR QUALI71f' POR INIAGii�� 0�-4�-Olal 6 Ga FL- F ws2\. z , \ \\\ �����% . . , • _ � § �- � � g % yZ 9©°~`2 \ \• < ,~\ �z. . -z\ « t .»« « « ggs .- . NI � - , . Ni UOMMUNITYARUHdTEUTURAL STANDARDS General Site Development Guidelines The City has approved a Final Development Plan for each single-family neighborhood. While final development plans have also been approved for multi -family neighborhoods, where possible each Builder is free to alter specific multi -family neighborhood plans so long as it is consistent with the spirit of these guidelines and the overall theme of the community, matches the type of land use purchased, does not deleteriously affect surrounding neighborhoods, is approved by the Developer, the ARC, and the City, and otherwise complies with all applicable rules and regulations. Where a Builder seeks to alter any neighborhood plan, the following general framework of site design and improvement guidelines has been developed to ensure the successful integration of each neighborhood into the overall community. • Common community design elements will be repeated to integrate each neighborhood into the overall community. • The siting of the buildings and improvements should focus on maintaining "quality views". • Site Planning must consider the context of the neighborhood within the community: The placement of buildings and streets, grading design, landscaping and buffer yard locations, and relationships to adjacent properties. • The monotony code is as follows: Identical models or models of similar design with identical front elevations may be erected no more often than every third lot along the same frontage. Identical models or models of similar design, with identical front elevations, shall not be constructed directly across the street or other right-of-way from the front of that model. Identical models or models of similar design with significantly different front elevations may be erected on every second lot without regard to intervening street lines. • Vacant homesites shall be kept free of all rubble and debris and mowed at a height not to exceed 8". • Trees that are to be preserved are to be protected to the limit of their roots from construction equipment by fencing off with temporary snow fence for protection. Fenced4n areas shall not be used for any type of material storage or use other than root protection zone. • Building setbacks shall be in accordance to the concept plan approved by the city council or the McHenry Zoning Ordinance as part of the annexation agreement. Those areas where amendments have been made are Neighborhoods 3 & 5, and setbacks in said neighborhoods will be dictated by the applicable variance. • All improvements shall conform to the overall approved Final Engineering plan. • Effective erosion control measures shall exist throughout the construction phase of each neighborhood, consistent with the erosion control plan in the Utility Plan. These measures may include temporary swales, berms, siltation fences, straw bales and temporary sedimentation ponds. All erosion control devices and protective fencing shall be maintained at all times. • All grading shall comply with overall stormwater management and wetland mitigation plans. • Site and drainage plans must be designed to prevent run-off, protect wetlands and insure proper retention/detention. • The visual impact of parked automobiles shall be minimized where applicable through careful siting and screening of roads and parking areas. • Any proposed changes to site and/or engineering plans must be reviewed and approved by the Developer, the ARC and the City. • The above standards supplement all other requirements contained in each builder's Purchase Agreement, The Preserves of Boone Creek Annexation Agreement and all other applicable municipal, state and federal laws and ordinances. OS-�6-�1103 COMMUNITYARCHITECTURAL STANDARDS Community Infrastructure The final Engineering plan has been prepared by the Developer and approved by the City. This plan indicates what utilities and infrastructure improvements will be provided to each neighborhood. In general, in all single-family neighborhoods, the Developer will complete all infrastructure requirements. All single-family lots are available as finished lots with all utilities available to each lot. Individual lot utility connections, final lot grading and landscaping are the responsibility of the builder, upon approval of site and landscape plans by the Architectural Review Committee. Multi- family neighborhoods will have utilities available to the site. All internal utility requirements and connections, grading and landscaping are the responsibility of the multifamily neighborhood builder, subject to approval by the Developer. A copy of The Final Engineering Plan may be obtained from the Developer. Erosion control at The Preserves of Boone Creek is an important component of environmental responsibility. Woods, wetlands and ponds are all significant natural features, which enhance the value of The Preserves of Boone Creek. These features are vulnerable to erosion damage stemming from construction activities. Builders and/or developers will be expected to install and maintain erosion control and siltation management devices as required by local, state and federal jurisdictions and approved by the Developer. All multifamily neighborhoods must abide by the erosion control plan for The Preserves of Boone Creek. E �15-46-0�04 - 1 _ _ � w _- - - - - �IUG ?1 2�113 uur, is _�n� 4, 1I - - 1 r-r � a I i r i it ;p f 4 I i_ � y j IF, Ea 17 rr �-�^- li E 3 I_ TY all -l-jL=-�--- nh x :.r r - - <t t M OCT i Lora /3 �IIIIi7 - F _ GET 11 2004 IIIIIiI IIllllilH J [1lllP� I �' llliliTq T 4 -L "-L LLL IF C I,IN I� I � IF:a LED f' NI- ' A 4 411 p !1 � .. ... al LINES STORAGE- COMMUNITYARCHITECTURAL STANDARDS LSHED^ - Single-ramily Accessory Structures Accessory structures are permitted if constructed of material compatible with, and in an architectural style similar to, the design of the associated residence including: Storage ■ Storage buildings not exceeding 120 sf of floor area, and final location shall be determined by ARC ■ Gazebos. ■ Enclosed or Screened -in porches. ■ Bath houses in conjunction with an in -ground swimming pool. Design and placement of all accessory structures must be specifically approved by the SETB44 Architectural Review Committee. LINES APPROPRIATE SHED • Structures incorporating the primary building design and materials usage. • Free-standing Gazebos or play structures. • Detached storage buildings shall be located within the established sideyard setback lines and also a minimum of 20' in from rear property line. • No storage of accessory building shall be allowed within any landscape or utility easements. Storage Building Integrated with Patio 21 ;zE l 1 1 .. J. Eau; 3 �e sm _ - - :, — � 7 ° i '�f COMMUNIIYARCHIIECIURAL STANDARDS Pools/Spas/water Features All water features are required to be located in rear yards and are encouraged to be completely enclosed by approved fencing or landscaping and screened from neighboring homes. All water features shall be in -ground, except spas, which may be built into appropriately designed and screened deck systems. Equipment for pools, spas or fountains should be completely screened from adjoining properties. Safety fencing must be provided in accordance with municipal fencing guidelines. APPROPRIATE • Pools with approved fencing and screening. • Spas with approved fencing and screening. • Ponds constructed with watertight liners, recirculation equipment and overflow provisions. • Water features to be located in rear yards only, unless provided by developer as a community feature. BATH - HOUSE/ SPA X FENCE Typical PooUSpa/Screening Arrangement 24 UUIVIMUNIIYARCHIIECIURAL STANDARDS General Landscape Guidelines All builders in the community are required to install a landscape package for each single-family home or multi -family community as set forth in the Annexation Agreement, and as summarized on the following pages. This landscape section has been designed to provide Property owners, Architects, Contractors and Builders with important information related to the development of homes to insure a harmonious neighborhood streetscape and to protect the aesthetic quality of the overall community. The objective is to reinforce the natural character of the community. The recommended landscape character should emphasize an informal scene by encouraging use of native plant materials and natural areas. Front yard plantings should be sympathetic to the overall neighborhood streetscape in form, texture and simplicity of design. This can be achieved, in the single-family areas, by limiting the front yard planting to lawn, trees and informal plantings. Plantings should be designed to provide privacy for the homeowner and the neighbors. Plantings along common property lines should be informal unsheared plantings. APPROPRIATE FRONT &SIDE YARD • Informal • Shredded bark mulch • Flowing layered beds COMMUNITY ARCIM ECT URAL STANDARDS Single -Family Landscape Planting Requirements To create a "streetscape effect" that is consistent throughout each neighborhood and the entire development, following are the minimum planting requirements. The following minimum standards for single-family neighborhoods are in addition to any landscaping of public areas provided by the Developer. The Architectural Review Committee must approve all original landscape plans. In all neighborhoods, all front and side yards must be sodded; rear yards maybe seeded. • A minimum of 4" of topsoil is used. • As a minimum standard, IDOT Class 1 Lawn Mixture seed must be used. • Silt fences and other erosion control devices must remain in place until the lawn is fully established. Builders shall be required to provide a landscape package for the front yard of all homes, which shall consist, at a minimum, of the following: • 8 deciduous or evergreen shrubs with a minimum height of 18" • 1 ornamental or upright evergreen tree with a nu mum height of 6' Plans with different combinations of plants maybe submitted to the Developer and City for approval. One 4" caliper shade tree shall be provided in every other rear yard where lots that back up to other The Preserves of Boone Creek lots. Rear yard trees shall not be required on lots that abut open space, or in wooded areas. Builders shall be required to install in neighborhood parkways (defined as the area in front of houses, between the sidewalk and curb) one tree for each house, with two trees for corner lots. The trees shall be a minimum caliper of 2 V2", shall be spaced and planted under an overall plan approved by the Developer and City and shall be of a species approved by the Developer and City. 27 OS-46-01�2 COMMUNITY ARCHITECTURAL STANDARDS Multi -Family Landscape Design In neighborhoods two, three, and four, landscape design elements should provide a unifying theme to the entire The Preserves of Boone Creek community. The overall design goal should be the creation of a pleasant, safe and protected environment that is both functional and aesthetically pleasing. This goal cannot be met without adequate landscaping. The principles of good design and functional, yet simple solutions provided by a limited variety of materials should not be overlooked. Maintenance of these areas is as important as the original design concept. The following architectural standards will help to direct landscape improvements that will be consistent throughout the community. The Architectural Review Committee must approve all original landscape plans. In the multi -family areas, landscaping should enhance major natural and improved common area site elements through the use of foliage color and texture, plant forms and plant masses. A simplified list of plant materials, which maintains the proposed theme of the landscape, should be used. Visual confusion due to the use of many unrelated plant varieties should not be employed to avoid complex plant mixtures. In the multi -family areas, landscape design should provide for effective screening of parking areas, utilities and service areas. This will reduce the possibility of negative visual impacts. when viewed From majofadjacent streets. Grouped masses of plant material should be designed to complement architectural elevations, blank walls and rooflines through color, texture, density and form on both the horizontal and vertical planes. Minimum standards for multi -family landscape planning are set forth in the Annexation Agreement and are summarized on the following page. I . C4MMUNII I ARCHITECTURAL STANDARDS Multi -Family Landscape Planting Requirements All townhome common areas not paved must be fully landscaped. The following minirinum landscape standards and quantities will apply. • One 2 %z" caliper shade tree per unit, or • One 7' ornamental or upright evergreen tree per unit • Adequate shrubbery, perennials and ground cover. • Yard areas not planted with trees, shrubbery, perennials or ground cover shall be sodded. 29 COMMUNITYARCHITECTURAL STANDARDS Landscape Maintenance All vacant property shall be kept clear of debris and trash build-up. All vacant homea should be mowed to a height of no more than 8" and be cleared of all dead plant materials, fallen branches and unsightly vegetation. Builders shall maintain all original installed landscape areas until single-family homes are sold, and until multi -family long-term maintenance management contracts are in place. At a minimum, this shall include: • Checking and adjusting tree stakes and guy wires to avoid trunk girdling, abrasions and unsightly conditions. • Mowing turf areas regularly such that turf height does not exceed 3". • Watering trees and shrubs sufficiently to avoid drying and discoloration caused by water stress. • Promptly removing and replacing dead plant material, including sod. • Removing weeds from turf areas and plant beds weekly. • Maintaining depth of mulch in plant beds such that no bare soil or landscape separator fabric is visible. • Removal of airborne trash. 30 rA 5I k pp s ��— COMMUNITYARCHITECTURAL STANDARDS Neighborhood Signage Character & Style The purpose of the signage and graphic design standards is to establish a cohesive, distinctive and functional system to visually communicate with all who live in or visit The Preserves of Boone Creek. All signs will be consistent with the Adams Farm theme to project a high -quality, Americana image. The signage and graphics system will maintain consistency in color, materials, shape and size. Specifications and detailed drawings all be provided to each builder for their community. All signage must meet the City of McHenry signage ordinance, as modified by the Annexation Agreement, Signage Maintenance As with all pieces of architecture, signs need maintenance. Periodic cleaning is required. Touch-ups should be expected and, based on appearance, may be required rby the Architectural Review Committee. Model Directional Model Name Neighborhood Sign OS-46�JIZ7 COMMUNITYARCHITECTURAL STANDARDS Sales Trailer Requirements • Provide asite-plan, where applicable, indicating all of the following items relative to the placement of the sales trailer, ---Direction of entrance ---Size (single, double -wide, etc.) ---Length • Provide a site plan showing proposed landscaping, ingress, egress and the location of graveled or paved off street parking. The site plan must be approved by the ARC. • Trailer must be "skirted" in a tasteful manner. • Signage and outer design of the trailer must be approved by the ARC. • Outer lighting is encouraged to prevent vandalism and theft. • Builder agrees to "monitor" trailer traffic at all times to prevent blockage of adjoining streets. • Provisions for trash removal must be provided. On -Site Construction Trailer Requirements Construction trailers may only be used for The Preserves of Boone Creek construction. Each builder will be limited to one construction office trailer per neighborhood. • Prepare a site -plan showing the office trailer and graveled off-street parking. • Provide a sketch of appropriate signage which will be utilized. • No storage will be allowed on the ground, under or around any trailer. All materials must be in locked storage or office trailers. • Provisions for trash removal must be provided. • The site -plan and signage sketch are to be submitted to the Architectural Review Committee for approval. • Storage trailers shall be allowed only in location(s) designated by Developer. Storage trailers will not be permitted in neighborhoods. 33 COMMUNITYARCHITECTURAL STANDARDS General Rules for Builders, Subcontractors & Warranty Personnel • Builders and subcontractors are required to keep jobsites, including streets, as neat and clean as possible. Frequent removal of trash and debris is required. Jobsite dumpsters are to be removed when full. Stockpiling or dumping on surrounding sites is prohibited. Speed limits throughout the entire construction area are not to exceed 20 mph. Specific areas of the site contain natural marshes and wetlands. These areas are to be protected during construction from vehicles, trash and storage. • Trees are to be protected at extent of root zone from construction equipment — fence off with temporary snow fence for protection. The area within the fence shall not be used for materials storage, cleaning of equipment or vehicles, parking, or any other construction -related activity. The builder or general contractor will be held responsible for tree protection. • Construction entrances and haul roads will be provided. All construction -related traffic must use the designated routes. 34 05-6-0129 COMMUNITY ARCHITECTURAL STANDARDS Comprehensive Architectural Review Checklist The The Preserves of Boone Creek Architectural Review Committee will review all development proposals for conformance to the Design Guidelines. Each submittal should reflect the design intent for the The Preserves of Boone Creek community objectives. Below is a general checklist to be used as a reminder for the builder's design team, ensuring all elements are considered. Site Development Guidelines ■ Zoning ■ Setbacks ■ Grading ■ Drainage ■ Views ■ Site Preservation ■ Erosion Control ■ Multi -Family Parking ■ Community Infrastructure Architectural Design Guidelines Character and Style ■ Building Massing ■ Building Entries Porches, Columns, Rails ■ Finish Materials Walls, Roof, Colors ■ Windows & Doors ■ Garages ■ Details Shutters, Trim, Muntins Mouldings, Accent Areas ■ Exterior Lighting ■ Chimneys ■ Mechanical Equipment ■ Multi -Family Accessory Structures Landscape Guidelines Character and Style ■ Screening/Buffering ■ Patios ■ General Planting Selections ■ Minimum Planting Requirement ■ Landscape Maintenance Fencing Guidelines ■ Required Styles ■ Approved Locations ■ Privacy Screening ■ Pool Fencing ■ Appropriate Materials Si�na�e & Graphics ■ Color &Design ■ Types of Signage ■ Materials ■ Lighting ■ Maintenance Sales Trailer Requirements ■ Location ■ Ingress -Egress ■ Appearance ■ St gnage ■ Lighting Construction Trailers ■ Location ■ Size ■ Ingress -Egress ■ Appearance ■ Storage ■ Parking ■ Trash ■ Lighting Disallowable Activities 35 OS-�6-OI30 COMMUNITYARCHITECTURAL STANDARDS Preliminary Design and Planning Review Application Parcel Approximate Acreage ❑ SingleTamily Multi -Family Number of proposed uzuts Proposed density Owner/Bnilder Address: Phone: Engineer Address: Phone: Landscape Architect Address: Phone: Preliminary Application: (Section A) o Preliminary site plan & traffic circulation,(scale ) ❑ Approved Disapproved Proposed building plans and elevations (scale t/a" Approved Disapproved Comments: ❑ Proposed grading ❑ Approved Comments: Date submitt� Approved by Comments: & drainage plans (scale ) Disapproved Date approved 35 COMMUNITYARCHITECTURAL STANDARDS Final Application Checklist Community Site Plan (scale_) ❑ Approved Disapproved Comments: Community Landscape plan (scale_ ❑ Approved Disapproved Comments: Berm &fencing plan (scale ) ❑ Approved . Disapproved. . Comments: Typical building landscape plan (scale_ ❑ Approved Disapproved Comments: Civil Engineering plans (scale__ ❑ Approved Disapproved Comments: Home or building plans and elevations (scale 1/" —1-0") Approved Disapproved Comments: Exterior color packages (eight total) ❑ Approved Disapproved Comments Temporary &permanent sales office plans Approved Disapproved Comments: Temporary construction office plans ❑ Approved Disapproved Comments: Multi -family accessory structure plans ❑ Approved _Disapproved Comments: Parcel Owner/Builder Date Submitted Date Approved Approved by Comments 37 EXHIBIT E (1-3). �} - SfFfrpE-(ESE- - dkWorJ��� rjt�,NCE t''� ��iv(�� Bwrx,• s t�t7t� ^ ,l J l'ow,w�ru+tic, �0 I loW1WlFvtu�'�' �Qkh i I12 O rip 16 Signn�� EXHIBIT E (3-3) ' W� 3 f EXHIBIT F STE I�A.ADSHIP PROPOSAL This agreement, made and entered into shall be between Gerstad Builders, hereinafter referred to as the Owner/Agent and hereinafter referred to as the Contractor and shall consist of the following. I. SERVICES The. contractor agrees to perform the following items, using properly trained and supervised personnel. A. The consubii services for the month of NOVEMBER through .APRIL shall be per the following schedule: 1. Consulting -Implement controlled. burn in natural areas, one time. We will use fire as a tool to clear debris, recycle nutrients and stimulate native plant and animal. species. Our fire crew is comprised of S130/S190 trained crew leaders knowledgeable in the fuel types present. The fire crew will create needed firebreaks and place noticeable signage prior to the burn. Seeds will be harvested prior to the burn to allow for post burn dispersal, if requested. The areas to be burned will contain unburned refuge for animal species. Due to the unpredictability of the weather, it may be necessary to postpone the burn to the next burn season. It is possible that local conditions could cause the burn unit to burn poorly when all conditions are within parameters. Pizzo & Associates, Ltd. will obtain the necessary permits. The owner/agent shall notify neighbors when applicable. 2. Consulting - Control invasive woody & herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. The native plants will take advantage of the competidve*refease created by mowing, the timely application of herbicide or physical removal of the non-native plants. 3. Consulting - Seed collection of the native species to disperse into the open areas during the growing season or after the controlled burn. S. The services for the months of MAYthrough OCTOBER shall be per the following schedule: 1. Consulting -Control invasive woody &herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. See paragraph A2. 2. Consulting - We will collect the seed of the native plants to disperse into the open areas during the growing season or after the controlled burn. 3. Consulting - Mow seeded areas, if necessary, to control invasive flora and allow light to the ground for the new seedlings. 4. Consulting - Prepare the site for the controlled burn by creating needed fire breaks. Page 1 of 1 OS-46-0134 C. GENERAL CONDITIONS: 1. Owner /Agent to provide a "Plat of Survey" for definitive location of project boundaries. C 2. Areas to be managed will be designated as per survey. 3. Keep a log of restoration activities performed during contract period. 4. Plant & turf diseases, vandalism, acts of God and other highly unpredictable events are excluded from this agreement. 5. Chemicals used will have the lowest environmental impact for the task at hand. Organic or cultural practices will be used when ever practical 6. Debris created during the day's work shall be placed into burn piles on site to be included in the prescribed burn. 7. Watering of trees, shrubs anperennials n d ials can be done as an additional item and will be performed as .a addendum to this agreement at an additional charge ). SCHEDULE OF WORK Month Visits by Crew May l Herbicide X Brush Clearing X Mow X Collect & Disperse X Burn Prep Burn 1 X X X June 1 X Jay 1 X X August 1 X September 1 X X X X October 1 X X El November l X X X December through April II. GENERAL INFORMATION ADDITIONS &DELETIONS -All additions and deletions shall be agreed to in writing by both parries. Additions will be billed on a time and materials basis unless otherwise stated in writing. Time will be billed including pick up/delivery, clean up/setup plus any costs directly related at the following rates: $105,00 per -man-hour for consulting & design by the senior ecologist or partner. PREPAYMENT DISCOUNT - All accounts paid in full upon contract signing will receive a one and. a half percent (1.5%) prepayment discount. Page 2 of 2 OS-46-0I35 CONDITIONS - The owner/agent to provide a current plat of survey for delineation of the property lines. If the boundary markers are not visible Pizzo will hire a.surveyor, at the owner agents expense, to visit the site to mark the boundary points. The owner/agent will notify Pizzo of all utilities (piping, wiring, sprinkler system components, obstructions) prior to work beginning. Repairs to any sprinkler system, television or satellite cables, invisible dog fences or other underground utility will be paid for by the owner / agent. If any unmarked utilities, by the locating service(s) having jurisdiction, are damaged the owner/agent will bear financial responsibility for the repair and subsequent claims. If site conditions are not as they appear above ground or there are buried obstructions / debris, changes to the plan and work will be billed at the aforementioned rates. Except on prescribed fire the owner/agent will pay for fees and time to obtain all necessary licenses & permits. DESIGN PLANS AND PHOTOGRAPHS - The owner/agent expressly authorizes no to make sketches or drawings and/or take photographs of the subject property and any buildings located on the subject property and to use the resulting photographs, sketches or drawings for purposes of developing a design and restoration plan and to publish the photographs and/or design and landscaping plan for marketing or educational purposes. The photographs, design and restoration plan shall remain the exclusive property of Pizzo, together with any and all copyrights thereto. III. COMPENSATION The owner will pay the contractor, for the aforementioned services, billed at the following rates: Consulting -Billed $105.00 per man-hour including travel time. Payment is due within seven (7) days of the billing date. All unpaid balances will carry a two percent (2%) per month, twenty four percent (24%) per year interest charge after due date. Contractor reserves the right to suspend service to those accounts thirty (30) days or more past due. A suspension of service does not negate the owner's contractual obligations. We reserve the right to cancel service with a 30 day written notice. The owner agrees to pay any expenses incurred by the contractor in collecting the amounts due including, but not limited to, court costs, reasonable attorneys fees and accrued interest. Failure to make payment upon job completion voids all guarantees expressed or implied. All returned checks would carry an additional $50.00 service charge. All accounts paid in full before the start of work, for the current season, shall receive a 1.5% discount. IV. AGREEMENT The term of this contract shall be through The aforementioned services, specifications and pricing.are satisfactory and I do hereby authorize Pizzo &Associates, Ltd. to begin work. Owner/ Agent: /Gerstad Builders Address: 4310-G Crystal Lake Road, McHenry, IL 60050 Phone: 815-344-1050 Site Address: Boone Creek Subdivision Site Contact &Phone: same Authorized Signature /Date: Contractor: Authorized Representative: Authorized Signature /Date: The contractor may withdraw this proposal if not accepted within thirty (30) days. Page 3 of 3 05-4�-0136 PINS : 1405200-009 1404100-001 ALL MAT PART Q< ME FCLCOMNC DESCRIBED MACT L1TNG IN ME NORMfAST WARnF !Y' SECnW S ALL BEING IN i01fNi4/P M NORM, RAN(X' B EAST OF ME MIRD PMNdPAL MERIDIAN. IN MWENRY LVI/NTY. 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MAT FART OF ME NOPMNEST WARnR CM" SECnON 4 AND JHE NORJNEAST WARIER (Y SECnW S RJXNSHIP 4f NORM, RANGE 8 EAST L9' ME MMD PRMtlPAL AIERI9IAN DESCRIBED AS FdLONS NNM'C AT ME SOUMfAST CY14N£R G' SYD NCRMEAST q/ J£R CP 4'CnM 5: MENf£ SWM eB D£dk"EC 51 MNUJE5 18 SECCWDS NEST ACONC ME SWM IMf a' SMD NQPMFAST WARJER JSSSp FEE), Rld/CE NOPM DI DECREES D> M9R/16 N SECQVOs MFST,� OS REI; MENCE NORM @e OEdtEES 32 MINUn3 36 SECCNOS FAST, 86AA9 £FEI,• M£NCE MOD DECREES )J NMUIES IJ SECTlNpS NEST, J94J6 RET BrtNOE NORM 89 MOREES I8 MNURS 1J SCOVpS EAST 90.15 RET ro Mf E.15T UNE DF SAID NMMFAST WARIR MENCE CLYfi1NU9IC NORM 89 DEGREES M MNU]ES TJ SEttW0.S £ASi. 89.B5 F£FT,� iNfRCF flYIM DD DEGREES IJ YINUIESTJ SELWDs EAST. J90.>I FEET. MENU NOPM 89 DEGREES D/ MNURY Te SE0Y109 FAST, >I).]e FFET.� MENT£ 9'IX/M W MdlRS 58 NINU]ES ]2 SECdlpS FAST, >]9/ EFET ro ME SWM GNE a<SMD MNMN£ST DWRRR CF SECnON s: MENft SWM 89 DEGREES W MINUn3 Ie 5<CWpS XEST ALW6 SVD SOUM MNf eJ6/9 REf ro ME PONT DF BEdNMNC, ALL 8! MWfNRY CWNJY. /LIMNS �l���E: ��.. '.�L"N, eFERST HONEST BMK AKxE3NP ro FW9TIMXESI IMui ro9vwYW ll�, •III D b/1/3015 11:32:A3 AN 0:\061]03>6\Survey\Oxgv\86130JJ6_Ee� REV.tlxg PLAT OF DEDICATION PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 4 AND THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 45 NORTH, RANGE 9, EAST MCHENRY COUNTY, IL. i/i'mn PM Tounx �_���_�- I WARrtR a'Ya C-H-9��/ARro+D-S[G A-�.-e I NB9'16'TJ'E 90.15'1 I �N89'I6'1]"E 89.85' �n-a.- •8.9 ■ R@9r YmNEsr eANR As ImurzF r mDsr wa ram ann .wu+Rr A zoaJ �. 9AAI' ` I LANDS HEREBY DEDICARD FOR ROADWAY PURPOSES PARCEL CONTAINS 4.382+/- ACRES T a]Til BULL VALLEY ROAD — -,�„ PY. — — F a `� c e m x �B s m 9 a m @ F Q 6 � /� V ��� o'o< �s��' o���� mzaa� o cows5 FEo�f a LLdR €FiF Caw NwEo 4flf � /2R/2015 JD@1D @@1303J6 OF 1 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us Consent Agenda DATE: June 15, 2015 TO: Mayor Low and City Council FROM: Derik Morefield, City Administrator RE: Adoption of Prevailing Wage Ordinance ATT: Ordinance Annually, during the month of June, the City is required to approve an ordinance establishing prevailing wages within the City for the purpose of letting public works projects. City contractors who perform such work within the City must, by State Statute, pay their employees the various wage rates established by this prevailing wage ordinance. Following approval of the ordinance, the City Clerk is required to publish a notice in the local newspaper identifying that the ordinance has been adopted and certified copies, along with proof of publication of public notice, must be filed with the Illinois Department of Labor. The Council will be asked to make a motion to authorize adoption of the attached Ordinance Ascertaining Prevailing Wages in the City of McHenry to ensure compliance with the Illinois Prevailing Wage Act (820 ILCS 130). ORDINANCE NO. ORD-15-1730 ASCERTAINING PREVAILING WAGES IN THE CITY OF McHENRY WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workmen employed in any public works by the State, county, city, or any other public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, 820 ILCS 130/1 et seq (1993), formerly IL Revised Statutes, Ch. 48, par. 39s4 et seq; and WHEREAS, the aforesaid act requires that the Mayor of the City of McHenry, in the County of McHenry, investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workmen in the locality of said County of McHenry employed performing construction of public works, for said City of McHenry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. To the extent and as required by "An Act regulating wages of laborers, mechanics, and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for public works coming under the jurisdiction of the City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the McHenry County area as determined by the Department of Labor of the State of Illinois as of June 1, 2012, a copy of that determination being attached hereto and incorporated herein by reference as Exhibit A. As required by said Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department's June determination and apply to any and all public works construction undertaken by the City of McHenry. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION2. Nothing herein contained shall be construed to apply said prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City of McHenry to the extent required by the aforesaid Act. SECTION 3. The City Cleric shall publicly post or keep available for inspection by an interested party in the main office of the City of McHenry this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contraction specifications. SECTION 4. The City Cleric shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed, or file their names and addresses requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5. The City Clerk shall promptly file a certified copy %J this Ordinance with the Department of Labor of the State of Illinois pursuant to SECTION 6. The City Clerk shall cause to be published in a newspaper of general circulation within the area a notice that the determination is effective and that it was the determination of this public body. PASSED and APPROVED this 15t1i day of JI1NE 2015. AYES: NAYS: ABSENT: ABSTAINED: NOT VOTING: Mayor ATTEST: City Cleric Page 1 of 8 EXHIBIT A Mchenry County Prevailing Wage for June 2015 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M-F>8 OSA OSH H/W Pens ASBESTOS ABT-GEN ALL 38.200 38.700 1.5 1.5 2.0 13.42 10.4 ASBESTOS ABT-MEC BLD 35.100 37.600 1.5 1.5 2.0 11.17 10.7 BOILERMAKER BLD 45.650 49.760 2.0 2.0 2.0 6.970 17.8 BRICK MASON BLD 42.580 46.840 1.5 1.5 2.0 9.850 13.6 CARPENTER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.7 CEMENT MASON ALL 42.900 44.900 2.0 1.5 2.0 9.900 16.3. CERAMIC TILE FLASHER BLD 35.810 0.000 1.5 1.5 2.0 10.55 8.44 COMMUNICATION TECH BLD 36.360 38.460 1.5 1.5 2.0 12.27 10.2 ELECTRIC PWR EQMT OP ALL 37.890 51.480 1.5 1.5 2.0 5.000 11.7 ELECTRIC PWR EQMT OP HWY 39.220 53.290 1.5 1.5 2.0 5.000 12.1 ELECTRIC PWR GRNDMAN ALL 29.300 51.480 1.5 1.5 2.0 5.000 9.09 ELECTRIC PWR GRNDMAN HWY 30.330 53.290 1.5 1.5 2.0 5.000 9.40 ELECTRIC PWR LINEMAN ALL 45.360 51.480 1.5 1.5 2.0 5.000 14.0 ELECTRIC PWR LINEMAN HWY 46.950 53.290 1.5 1.5 2.0 5.000 14.5 ELECTRIC PWR TRK DRV ALL 30.340 51.480 1.5 1.5 2.0 5.000 9.40 ELECTRIC PWR TRK DRV HWY 31.400 53.290 1.5 1.5 2.0 5.000 9.73 ELECTRICIAN ALL 43.750 48.130 1.5 1.5 2.0 14.66 12.3 ELEVATOR CONSTRUCTOR BLD 50.800 57.150 2.0 2.0 2.0 13.57 14.2 FENCE ERECTOR E ALL 35.840 37.840 1.5 1.5 2.0 13.01 11.5 FENCE ERECTOR S ALL 45.060 48.660 2.0 2.0 2.0 10.52 18.8 GLAZIER BLD 40.000 41.500 1.5 2.0 2.0 12.49 15.9 HT/FROST INSULATOR BLD 48.450 50.950 1.5 1.5 2.0 11.47 12.1 IRON WORKER E ALL 43.000 45.000 2.0 2.0 2.0 13.45 20.6 IRON WORKER S ALL 45.060 48.660 2.0 2.0 2.0 10.52 18.8 IRON WORKER W ALL 36.290 38.100 2.0 2.0 2.0 8.640 22.6 LABORER ALL 38.000 38.750 1.5 1.5 2.0 13.42 10.4 LATHER ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.7 MACHINIST BLD 44.350 46.850 1.5 1.5 2.0 6.760 8.95 MARBLE FINISHERS ALL 31.400 32.970 1.5 1.5 2.0 9.850 13.1 MARBLE MASON BLD 41.780 45.960 1.5 1.5 2.0 9.850 13.4 MATERIAL TESTER I ALL 28.000 0.000 1.5 1.5 2.0 13.42 10.4 MATERIALS TESTER II ALL 33.000 0.000 1.5 1.5 2.0 13.42 10.4 MILLWRIGHT ALL 42.520 44.520 1.5 1.5 2.0 13.29 12.7 OPERATING ENGINEER BLD 1 47.100 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 2 45.800 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 3 43.250 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 4 41.500 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 5 50.850 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 6 48.100 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER BLD 7 50.100 51.100 2.0 2.0 2.0 17.10 11.8 OPERATING ENGINEER FLT 35.000 35.000 1.5 1.5 2.0 16.60 11.0 OPERATING ENGINEER HWY 1 45.300 49.300 1.5 1.5 2.0 17.10 11.8 http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/june/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 Page 2 of 8 OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER ORNAMNTL IRON WORKER PAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER SIGN HANGER E S HWY HWY HWY HWY'5 HWY HWY ALL ALL ALL BLD ALL BLD BLD BLD BLD BLD BLD 2 3 4 6 7 44.750 42.700 41.300 40.100 48.300 46.300 43.900 45.060 41.730 33.920 42.520 46.000 42.250 46.650 40.100 44.000 26.070 49.300 49.300 49.300 49.300 49.300 49.300 46.400 48.660 43.730 38.090 44.520 49.000 44.790 48.650 43.100 46.000 27.570 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 17.10 17.10 17.10 17.10 17.10 17.10 13.36 1.0.52 10.30 2.600 13.29 9.000 11.40 13.18 8.280 10.65 3.800 11.8 11.8 11.8 11.8 11.8 11.8 17.2 18.8 8.20 2.71 12.7 15.8 12.1 11.4 10.5 13.0 3.55 SPRINKLER FITTER STEEL ERECTOR STEEL ERECTOR STONE MASON �r1Dv�_ �,�g�KEP� E S -> BLD ALL ALL BLD NOT IN 49.200 42.070 45.060 42.580 EFFECT 51.200 44.070 48.660 46.840 1.5 2.0 2.0 1.5 ALL 1.5 2.0 2.0 1.5 37.000 2.0 2.0 2.0 2.0 11.75 13.45 10.52 9.850 37.750 9.65 19.5 18.8 13.6 1.5 TERRAZZO FINISHER TERRAZZO MASON BLD BLD 37.040 40.880 43.880 0.000 1.5 1.5 1.5 1.5 2.0 2.0 10.55 10.55 10.3 11.6 TILE MASON BLD 42.840 46.840 1.5 1.5 2.0 10.55 10.4 TRAFFIC SAFETY WRKR HWY 32.750 34.350 1.5 1.5 2.0 6.550 6.45 TRUCK DRIVER ALL 1 35.850 36.400 1.5 1.5 2.0 7.200 6.00 TRUCK DRIVER TRUCK DRIVER ALL ALL 2 3 36.000 36.200 36.400 36.400 1.5 1.5 1.5 1.5 2.0 2.0 7.200 7.200 6.00 6.00 TRUCK DRIVER ALL 4 36.400 36.400 1.5 1.5 2.0 7.200 6.00 TUCKPOINTER BLD 42.800 43.800 1.5 1.5 2.0 8.180 12.6 Legend: RG (Region) TYP (Trade Type - All,Highway,Building,Floating,0i1 & Chip,Rivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance Pensn (Pension) Vac (Vacation) Trng (Training) Explanations MCHENRY COUNTY FENCE ERECTOR (EAST) - That part of the county East and Northeast of a line following Route 31 North to Route 14, northwest to Route 47 north to the Wisconsin State Line. http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/june/MCHENRY9.htm 6/2/2015 Mchenty County Prevailing Wage for June 2015 Page 3 of 8 IRONWORKERS (EAST) - That part of the county East of Rts. 47 and 14. IRONWORKERS (SOUTH) - That part of the county South of Route 14 and East of Route 47. IRONWORKERS (WEST) - That part of the county West of Route 47. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be. removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building 'when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for the made in the -like units; all mixtures in the like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where the is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation; installation, repair, or maintenance of the and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of the and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all the work, particularly and especially after installation of said the work. Application of any and all protective coverings to all types of the installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect the installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing the floors and walls to be re -tiled. http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/June/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 COMMUNICATIONS TECHNICIAN Construction, installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security systems, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central offices, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area network), LAN (local area networks), and ISDN (integrated system digital network), pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), Carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate the and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (,requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/june/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 Page 5 of 8 Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip -Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/June/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 r.:- .. :� Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro -Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road Hauling Units (including articulating) Non Self -Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Balker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper -Form -Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. OPERATING ENGINEERS - FLOATING Diver. Diver Wet Tender, Diver Tender, ROV Pilot, ROV Tender SURVEY WORKER - Operated survey equipment including data collectors, http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/June/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 Page 7 of 8 G.P.S. and robotic instruments, as well as conventional levels and transits. TRAFFIC SAFETY - work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A -frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Dumpsters, Track Trucks, Euclids, Turnatrailers when pulling other similar equipment under 16 cubic, Ready -mix Plant Hopper Operator, Crets and Adgetors under 7 yards; Hug Bottom Dump Turnapulls or than self -loading equipment or yards; Mixer Trucks under 7 yeards; and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self -loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the front TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and http://www.illinois. gov/idol/Laws-Rules/CONMED/rates/2015/June/MCHENRY9.htm 6/2/2015 Mchenry County Prevailing Wage for June 2015 �.�' i � i' provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". http://www.illinois.gov/idol/Laws-Rules/CONMED/rates/2015/June/MCHENRY9.htm 6/2/2015 Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: June 15, 2015 Regular City Council meeting RE: Northeastern Illinois Regional Crime Lab membership ATT: Copy of NIRCL Invoice 920 Background: The Northeastern Illinois Regional Crime Laboratory (NIRCL) is a multi jurisdictional laboratory available to member departments for crime scene and evidence processing. The McHenry Police Department has developed a professional relationship with this laboratory for the last (13) thirteen years that has greatly improved the effective and efficient analysis of evidence collected at crime scenes. Analysis: The Northeastern Illinois Regional Crime Laboratory is the vendor that we contract with to handle all of our evidence processing that is not done in house. They are linked to our computerized evidence inventory program (BEAST) that assists in tracking of evidence. They also have the ability to examine evidence, process it and return results much faster than all other regional labs, including the ISP. The NIRCL is equipped to handle all major investigations for its agency members. Their proven track record with this department, including major sexual assault and homicide cases, lead us to recommend continuing our partnership with them. Thousands of pieces of evidence are processed by the NIRCL on behalf of the McHenry Police annually. This year's annual membership amount is $35629.00, As in the past, the department is also requesting to pay the intergovernmental maintenance agreement of $3,000.00 which has remained the same since 2007. Recommendation: If Council concurs, then it is recommended to approve payment of the membership fee $5629.00, and intergovernmental agreement of $3,000.00, allowing the police department remain an active member of the NIRCL. Note: This amount has been approved through this year's 2015/2016 budget process. of to Northeastern IL Regional Crime Lab 1000 Butterfield Road Suite 1009 Vernon Hills, IL 60061 Voice: 847-362-Oulu Fax: 847-362-0712 McHenry Police Department 333 South Green Street McHenry, IL 60050 If Invoice Number: 920 Invoice Date: May 1, 2015 Page: McHenry Police Department 333 South Green Street McHenry, IL 60050 Cust�rell usorrer PO _� Pa �� ��v�ff MCH EN RY Net 30 Days F S I,e Rep„ID r Iaipp�ngrM th tl} Snip Date � U- & Du Date r r4 ,. _ : _..3 Airborne 5/31 /15 �Quaritrty' TO: FROM: FOR: I:f ATT: 1. Location Map Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA Mayor and City Council Douglas Martin, Deputy City Administrator June 15, 2014 Temporary Use Permit for Outdoor Sale at 3436 Shoppers Drive (Dicks Sporting Goods) 2. Temporary Use Permit Application The Dick's Sporting Goods store located at 3436 Shoppers Drive (Shops at Fox River) is requesting a temporary use permit to display and sell merchandise outside in the parking lot from June 25th, 2015 through July 13, 2015. Dick's would like to set up a 20'x 60' tent to t itd protecs associaa tes nprodm e uct fh rotweather dursa ing the le event. All display oms f ite would be contained under a tent at the location specified on the attached aerial photograph. All signs will follow the current sign ordinance. Dick's must allow all handicapped parking spots to remain available while the tent is in place. Merchandise will only be under the tent during regular business hours, all merchandise will be moved back into the store each night. Staff has no concerns with this type of event, other businesses including The Room Place and Sears have done similar events in the past. If the City Council concurs it is recommended a temporary use permit be approved for Dick's Sporting Goods 3436 Shoppers Drive, to allow the outside display and sale of merchandise and erect a 20'x60' tent, from June 25, 2015 through July 13, 2015 in accordance with the location specified on the attached map. 1 Location Map: 3436 Shoppers Drive a O 2 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CITY OF MCHENRY PERMIT NO. TEMPORARY USE PERMIT APPLICATION APP: ADI (city: PHO FAX EVE EVENT ADDRES GENERAL EVENT DESCRIPTION: / el k EXISTING LAND USE: SETUP:(Date) �>r1� DOWN:(Date) j I �f gd /s OPEN TO PUBLIC: YES:114 NO ❑ (Invitation only) ATTENDANCE (Projected) ADMISSION FEE: YES: ❑ $ NONE Q PARKING: NO. OF VEHICLES: SELF ❑VALET ❑REMOTE/SHUTTLE ❑ MUSIC: NONE ,AYES ❑ (If yes) ACOUSTIC ❑AMPLIFIED ❑ TEMPORARY STRUCTURES: NO ❑YES , ] (I£yes, indicate number, size, and type) / . / _ f _ / I 1 . i . WILL EVENT BE ADVERTISED?: NO: ❑YES: � (RYes, indicate where and how) PYROTECHNICS: NO:.Q YES: ❑ (If yes describe) SUBMITTAL CHECKLIST OFFICE USE ONLY ZONING DIST: Community and Economic Development JUN 0 3 2015 City of McHenry PERMIT FEES FEE: DEPOSIT: COPIES: TOTAL: EXPIRATION DATE: COUNCIL ACTION: DATE: APPROVED ❑ DENIED ❑ W/ CONDITIONS: YES ❑ NO: ❑ ❑ Completed temporary use permit application. (including property owner signature). ❑ Two copies of site plan showing event layout, location of all structures,(existing and/or temporary), property lines, abutting streets, ingress/egress. ❑ Two copies of a parking plan including on site and/or remote parking/shuttle. ElCompleted sign permit application, if applicable. I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES AND CODES RELATING TO THE ISSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED: DATE: (OWNER OR AUTHORIZED AGENT) SIGNED: DATE: (PROPERTY OWNER) THIS PERMIT IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHENRY AS NOW IN FORCE. DATE: (DIRECTOP CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S. GREEN STREET MCHENRY ILLINOIS 60050 (815) 363-2170 Office of the City Administrator Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: June 15, 2015 T0: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator RE: Wonder Lake Ski Team Haunted Hayride ATT: Haunted Hayride Termination Letter The Wonder Lake Water Ski Team is requesting use of Petersen Park for the 18th Annual Haunted Hayride Program to be held on October 10, 17, 18, 24, 25 and 31, 2015, permission to post temporary advertising signs in right -of --ways, and waiver of all associated fees. Hayrides will begin at 7:00 PM and close at 10:30 PM with a "Kiddie Matinee" from 3 @00 PM to 5:00 PM on Saturday, October 18th. Last year, over 4,500 people attended the event. The Ski Team is requesting to again post 4'x4' freestanding, sandwich -style advertising signs on properties throughout the city for the month of October. The signs typically would require both a sign variance, costing $175, and temporary sign permit for $60, $30 of which is refundable. The signs are proposed at the following locations: 1. 302 N. Front Street —Gerstad Property 2. Bull Valley Road &Crystal Lake Road —Northwest Corner 3. Chapel Hill Road — Liberty Trails 4. Lincoln Road — Liberty Trails 5. McCullom Lake Road & Riverside Drive — Southwest Corner 6. Petersen Park Road & McCullom Lake Road 7. R.A. Adams- Route 120 8. Ridge Road — Gerstad Property — Deerwood Lot 46 The hayride route was moved from the picnic side of Petersen Park to Petersen Farm to create a buffer from the surrounding neighborhood and to protect the grove of mature oak trees. This was done so as a temporary solution and not meant to transfer some of the issues that were being experienced on the picnic side to another location. With that said the staff took steps to inform the Wonder Lake Ski Team that the city would no longer be able to accommodate their request. The attached letter was sent to the ski team this spring informing them of the decision and the reasons behind that decision. The team has not been able to find a new home for their event and has requested ONE additional year at its current location. Staff is supportive of this due to the relationship that the city and the team have had over the past 18 years with a few stipulations. Most importantly of which is that the ride remain solely on the gravel drive that navigates the property. Wagons will no longer The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in acustomer-oriented, efficient, and fiscally responsible manner. weave between the oak groves creating potential damage to the sensitive oaks. Also, this is absolutely the final year that the event will occur at this location. As in the previous years, parking, loading, and unloading of the wagons will occur on the south side of McCullom Lake Road. Additional traffic control will be utilized on McCullom Road to alert drivers of wagons crossing from the hayfield to the main driveway of the farm. The Ski Team will be responsible for all additional costs incurred by the city for signage and manpower. In addition the city will be charging the team $500 for the use of the park. This has typically been the amount that has been donated back after the use of the park, however with the current circumstances staff believes that a parks use fee is warranted. If City Council concurs, then it is recommended to approve the use of Petersen Farmstead, permit temporary advertising signs at the locations presented, and waive the associated fees strictly for the signage for the Wonder Lake Ski Team annual Haunted Hayride on October 10, 17, 18, 24, 25 and 31, 2015. The City of McHenry is dedicated to providing its a/tiZens, businesses, and visitors with the highest quality of programs mid services in acustomer-oriented, efficient, and fiscally responsible manner. February 6, 2015 Wonder Lake Ski Team P.0 Box 518 Wonder Lake, IL 60097 The McHenry Parks &Recreation Department has enjoyed being able to provide an area for your annual Haunted Hayride during the Halloween season over the years. The event has been consistently well run year in and out, with any concerns that have arisen being addressed in a timely fashion. Two years ago, the city opted to make the shift to a new location due to the proximity of the event to the adjacent neighborhoods and more importantly because of the declining health of the oak grove from compaction of their root systems. The compaction occurred from years of the event with trucks and wagons driven repeatedly over them. This in turn created an unsafe situation as a number of trees died and the city was unable to keep up with the necessary tree removal at that time. Even with the tree removals complete the damage to the oak trees cannot be reversed. After two years in the new location, the City Forester as well as the newly formed Colby -Petersen Farm Foundation has raised some serious concerns about similar potential effects on the sensitive Oak Savannah. It is for these reasons that I regret to inform you that the City of McHenry will no longer be able to offer the use of the park for this event, as it will now be used as a passive area. If you have any questions regarding contact me at [815) 363-2159. Sincerely, Bill Hobson Deputy City Administrator City of McHenry this change, please don't hesitate to Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA TO: June 15, 2015 FOR: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator RE: Resolution of support for Chicago Metropolitan Agency for Planning (CMAP) technical assistance grant to be submitted by McHenry County Department of Planning and Development ATT: 1. Resolution to accept planning staff assistance services delivered by the Chicago Metropolitan Agency for Planning in conjunction with McHenry County 2. Proposed Project Area Map 3. Summary of Corridor Plan for the Fox River in the Villages of Algonquin and Carpentersville I was contacted by Darrell Moore, Deputy Director, Zoning Enforcement Officer for the McHenry County Department of Planning and Development, inquiring if the City of McHenry would be interested in partnering with McHenry County in application for a Chicago Metropolitan Agency for Planning (CMAP) Local Technical Assistance Grant (LTA). The proposed grant would focus on the Fox River Corridor, and a map depicting the proposed area of study is attached. Also attached is the Algonquin/Carpentersville LTA Program application which included similar goals and objectives including: • Safe walking/bicycling connections between key destinations along the riverfront. • A network of bicycle trails that will link to the regional greenway system (Fox River Trail and Prairie Trail) as well as connect cyclists to local shopping, institutions, transit, and other neighborhoods. • Environmental features and conditions within the river and riverfront, including vegetation, park space, and water quality. • Accessibility to the important recreational features on and along the river, including park space, bicycling, paddling, fishing, and swimming. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • A future land use plan along the riverfront wn the study area that is based upon public input and the results of the existing conditions report. Staff believes this would be a worthwhile opportunity in advancing the City of McHenry's goals of downtown revitalization, development of the Riverwalk and, preserving and capitalizing on one of the City's most valuable assets -the Fox River and will be useful in applying for future grant funding assistance for projects. Approximately a year and half ago the City of McHenry partnered with the City of Crystal Lake and Villages of Prairie Grove and Oakwood Hills in applying for a technical assistance grant from :MAP. The purpose of the grant was to evaluate the City's comprehensive plan and ordinances and develop recommendations to be consistent with the Sleepy Hollow/Silver Creek Watershed Plan. The project and report generated from this grant was extremely thorough and produced a valuable set of ordinance recommendations the City could pursue. If the City Council concurs it is recommended to approve the attached resolution to accept planning staff assistance services delivered by the Chicago Metropolitan Agency for Planning in conjunction with McHenry County Planning and Development Department. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us RESOLUTION NO. 15- A RESOLUTION TO SUPPORT A LOCAL TECHNICAL PLANNING ASSISTANCE GRANT DELIVERED BY THE CHICAGO METROPOLITAN AGENCY FOR PLANNING 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 passage of this Resolution 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 of McHenry ("City"), in conjunction with the McHenry County Department of Planning and Development, will apply for staff assistance services through the Chicago Metropolitan Agency for Planning ("CMAP") and the Local Technical Grant Assistance Program, to evaluate the Fox River Corridor and develop recommendations to implement to further utilize and enhance the environmental and recreational benefits the Fox River offers; and WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven -county Chicago region, encompassing Cook, DuPage, Kane, Kendall. Lake, Oakwood Hills and Will counties, and is offering staff assistance, through the Local Technical Grant Assistance Program as a means of advancing the plan's implementation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The City Council supports the proposed project, in conjunction with McHenry County, to study, review and provide recommendations and outline specific amendments to implement following a comprehensive study of the Fox River Corridor. SECTION 2: SECTION 3: SECTION 4: The City Council accepts the offer of staff assistance services by CMAP. The City Council recognizes the importance of the Fox River This resolution shall be effective as of the date of its adoption. 3 DATED at the City of McHenry, this .L t) day of June 2015. ATTEST: CITY CLERK t� MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Proposed Study Area Map CMAP LTA Program Application !! Proposed Study Area Map (Initial Assessment) Primary areas of focus ' i -•—•. { `� III �V : and Potential partners j--.. • Secondary areas of focus _ and potential supporting entities r. rrt.- y i■ i ♦ -. x rN i _ .•:.rarn�r�tl _ .� a IIn�4 n' r •/ Gz rLn Itortnc Ri=u�vFy I la"t 11� x WWI AP .rnnp nl�,mr y°An) - Current CMAP _ study Area - r e IJavn�lal.•nln - - y hxtsl Rom+ ♦ IF al Ka c". Im+, ran* �. Frezl Razcvvel `+1D ;. _.I . t �- 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Corridor Plan for the Fox River in the Villages of Algonquin and Carpentersville A Carridar Plan for the Fax River in the ' Villages of Algonquin and Carpentersville n�cir:,�uirr � CA"ENTERSYIUE* t 00 Q r. AUX :AW T WNISHP ORUNDY The Village of Algonquin (located in McHenry and Kane Counties) and the Village of Carpentersville (located in Kane County) share one of the region's great natural amenities —the Fox River. The Villages of Algonquin and Carpentersville are collaborating to create a corridor plan for the Fox River to increase access to the river, improve water quality, and enhance the downtown area of each community. The project area starts at approximately Klasen Road in Algonquin to the north and ends at Carpentersville's southern border. The Fox River Corridor Plan was inspired by the recently completed subarea plans for the Villages of Algonquin and Carpentersville. With the help of CMAP's Local Technical Assistance 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us (LTA) program, a of Algonquin completed its Downtown Planninr Study in March 2013; and the Village of Carpentersville completed its Old Town Plan in July 2012. Both planning reports include recommendations to enhance recreational use of and access to the Fox River. The Fox River Corridor Plan, also to be completed with the help of the LTA program, will address the land uses that line the waterway in Algonquin and in Carpentersville. More specifically, the plan will focus on the following areas: • Safe walking/bicycling connections between key destinations along the riverfront. • A network of bicycle trails that will link to the regional greenway system (Fox River Trail and Prairie Trail) as well as connect cyclists to local shopping, institutions, transit, and other neighborhoods. • Environmental features and conditions within the river and riverfront, including vegetation, park space, and water quality. • Accessibility to the important recreational features on and along the river, including park space, bicycling, paddling, fishing, and swimming. • A future land use plan along the riverfront within the study area that is based upon public input and the results of the existing conditions report. The planning process, developed in collaboration with the Villages of Algonquin and Carpentersville, involves five phases over the next 12 months. During the first phase, several project activities will be conducted to jumpstart the project, including key stakeholder interviews, the public kick-off meeting, and the launching of the project web page. The second phase will involve assessing the existing conditions of the project area by reviewing related documents and plans. The third phase will focus on developing a vision for the Fox River Corridor. The fourth phase will involve the development of a draft corridor plan that will be reviewed by both communities. The fifth and final phase will entail revisions to the corridor plan and its adoption. Public Engagement The planning process will entail robust stakeholder engagement in an effort to develop a plan that will include the input of both communities. The Project Steering Committee, which consists of members representing each of the villages, will provide feedback throughout the planning process. There will also be opportunities for residents and community stakeholders to share their thoughts and ideas about the corridor plan. The public will be engaged through workshops, community events, and on-line tools. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Public kick-off meeting (July 291 2014) The first public meeting for the Fox River Corridor Plan was held on July 29, 2014 at St. John's Lutheran Church and School, located at 300 Jefferson Street in Algonquin. More than 60 individuals shared perceived issues, desired projects, and the current strengths and assets of the Fox River Corridor. We invite your participation at the following upcoming events. Public visioning workshop (January 21, 2015) On January 21, 2015, approximately 51 residents and stakeholders gathered at the Carpentersville Public Works Building to partake in a visioning charrete, during which participants divided up into smaller groups to envision the future of the Fox River Corridor through a mapping exercise. Upcoming Events: Public Open House Fall 2015 (Date/Location TBD) News Coverage Algonquin looking to enhance Fox River plans, Northwest Herald, August 10, 2014 Renovation underway at Milk Specialties Co., Daily Herald, June 19, 2014 Committee Meets to Start Work on Fox River Corridor Plan, First Electric Newspaper, May 29, 2014 Algonquin, Carpentersville team up to tap into Fox River's potential, Daily Herald, May 28, 2014 Algonquin, Carpentersville planning to work on Fox River study, Northwest Herald, May 15, 2014 Algonquin, Carpentersville score grant for Fox River improvements, Daily Herald, December 29, 2013 0 Timeline Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us a Of_�v A Corridor Plan for the Fox Kiver in the r " ��NY= YJ`� Villages of Algonquin and Carpentersv►ille w+.;k'e !'Uk�E lUtY A:UG"s. SENT: C7CT. AI47FY. [}EC l�At+l FEE. t.'AR 4P}C. D«tAt' !U�'�E 1. Prajtct initiation fl. Plan preparation 2. Existing conditions analysis 5, Plan revision and adaptian I Vision development Contacts Ben Mason, Village of Algonquin Senior Planner (bmason@al�onguin.or�) Joe Wade, Village of Carpentersville Assistant Village Manager(iwade@vil.carpentersville.il.us) Brian Daly, CMAP Associate Planner (bdaly@cmap.illinois.�ov or 312-386-8810) Ricardo Lopez, CMAP Outreach Associate (rlopez@cmap.illinois.�ov or 312-386-8766) 0 COMMITTEE OF THE WHOLE MEETING May 11, 2015 Mayor Low called the Committee of the Whole meeting of May 11, 2015 to order at 7:00 p.m. In attendance were Mayor Low and the following Aldermen: Santi, Glab, Schaefer, Curry, Peterson and Condon. Absent: Wimmer. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, City Engineer Pieper, Director of Public Works Schmitt, Director of Finance Lynch, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. Also in Attendance: Andrew Lemke, HR Green, Inc.; Mike Palmer, Superintendent, Water Division; Russell Ruzicka, Superintendent, Sewer Division; and Steve Wirch, Assistant Superintendent, Water Division, CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one spoke at the Public Input Session. DISCUSSION REGARDING PROCEEDING WITH THE CENTRAL WASTEWATER TREATMENT PLANT (CWWTP) DECOMMISSIONING AND ADJUSTING WATER AND SEWER RATES Mayor Low announced the reason for tonight's meeting is to discuss two important projects: • The decommissioning of the Central Wastewater Treatment Plant decommissioning; and, • Adjustment of the water and sewer rates, in order to sufficiently fund water and sewer operating and maintenance costs and fund capital improvements. Mayor Low introduced City Administrator Morefield. City Administrator Morefield provided Council with a breakdown of the PowerPoint presentation as follows: • Meeting Objectives; • CWWTP Decommissioning; • Water 0- Water Rate Analysis; • Sewer Rate Analysis; • Current & Proposed Rate Structure for Residential Users; • Recap/Conclusion Committee of the Whole Meeting Page 2 May 11, 2015 City Administrator Morefield informed Council that the City of McHenry began the decommissioning of the Central Wastewater Treatment Plant (CWWTP) approximately 10 years ago. In 2005 the CWWTP was found to be in violation of its National Pollutant Discharge Elimination System (NPDES) Permit and several of the Plant's mechanical processes were reaching the end of their serviceable life. Following several meetings and negotiations with the Illinois Environmental Protection Agency (IEPA) the City was able to avoid costly fines. Measures were put in place to bring the Plant into compliance through emergency upgrades to the facility. The upgrades were completed in 2006. In addition to the upgrades, the IEPA required assurances from the City for future operation and the eventual decommissioning of the CWWTP. As a result, in 2008 the Council approved a long-term plan for wastewater services that included the decommissioning of the CWWTP, the upgrading of the South Wastewater Treatment Plant (SWWTP) and consolidation of the two facilities at the SWWTP location. City Administrator Morefield noted that importantly, the plan identified that consolidation would occur over a 10-year period, which ends in 2018, allowing for necessary repairs to the CWWTP to keep it operational until consolidation occurs. In return, the IEPA identified that since steps were being taken to decommission the CWWTP no sanctions would be imposed during the period from 2008 to 2018. On March 16, 2009, the Council directed Staff to begin the process of consolidating the City's two wastewater treatment plants to the SWWTP location. The first phase of the decommissioning process was completed in 2011. This phase was in response to the failing solids handling system at the CWWTP. Rather than use the City's funds to make the repairs at the CWWTP, only to subsequently remove the repaired system during decommissioning of the plant, $6.4 million was borrowed and invested to move the handling system to its ultimate final location at the SWWTP. Debt service for this project resulted in the implementation of a bi-monthly debt service charge of $6 per utility user. With the completion of the first phase, attention turned to the task of completing the decommissioning of the CWWTP. The original estimated cost was more than $20 million. The 2018 deadline was approaching and no financial plan was identified to move the project forward until early 2014 when HR Green, Inc. (the City of McHenry Engineer) made the City aware of low interest financing through the State of Illinois. At the February 17, 2014 Council meeting, Staff and HR Green, Inc. presented Council with a funding opportunity for completing the project through the Illinois State Revolving Fund (SRF) Program. The Program, administered by the IEPA offers 20-year low interest loans for the completion of important public infrastructure projects. With the current interest rate of just under 2.2%, it was the recommendation of Staff and HR Green that this offered the best opportunity for completing the decommissioning/consolidation project prior to or within the 2018 deadline. At the February 17, 2014 Council meeting, Council recommended that a Professional Services Committee of the Whole Meeting Page 3 May 11, 2015 Agreement (PSA) be requested from HR Green, Inc. for the engineering design of consolidating the CWWTP and the SWWTP. On March 3, 2014 Council approved the PSA with HR Green, Inc., in the amount of $1,386,458, bringing the total expenditures of decommissioning and consolidation to approximately $7.8 mon (when added to the $6.4 spent on phase one). Upon completion of the engineering design for decommissioning/consolidation, it was identified that the actual cost for the final decommissioning/consolidation project had increased to approximately $29 million. This change in cost is due primarily in requirements and technologies since the original estimates, nearly 7 years prior, were completed. With the engineering design complete, it is now time to decide whether or not to move forward with obtaining the State Revolving Fund Loan financing; implementation of a methodology for repaying the loan; obtaining the funding; and, implementing the project. City Administrator Morefield stated that time of the essence. In order for the project to be substantially completed to meet the 2018 deadline imposed by the IEPA, and agreed to by the City of McHenry, the City must obtain funding to begin the project prior to the end of calendar year 2015. Two significant considerations should be weighed by Council in making a decision to move forward: 1. Required project need/cost; and 2. Methodology for project funding. City Administrator Morefield introduced Chad Pieper, HR Green, Inc., to provide Council with a breakdown of the required need/cost of the project. Mr. Pieper addressed Council, stating that if decommissioning and consolidation does not occur prior to the 2018 deadline, the City of McHenry must request an extension for decommissioning from the IEPA. This will, no doubt, require the City to make substantial improvements to the CWWTP in order to meet the IEPA's compliance standards. An approximate cost for the improvements to the CWWTP, based on 2014 estimates, would be $91720,000. More importantly, Mr. Pieper pointed out that the expenditure of the $9.72 million would not eliminate the need to decommission the CWWTP, but would simply be delaying the project to some new future deadline. Additionally, the City would still be required to identify a financing mechanism for funding the improvements, which would likely come from the issuance of bonds requiring repayment by utility system users. The current water and sewer rate structure does not support the repayment of the potential SRF loan amount of $29 million. Therefore, in order to finance the debt service it is proposed that an "SRF Loan Debt Service Charge" be added to the water/sewer bills of all users of the system. It is estimated that in order to fund the $29 million loan over a period of 20 Committee of the Whole Meeting Page 4 May 11, 2015 years, each user of the system would need to contribute approximately $21 per bi-monthly billing period, or $162 per year in addition to their regular water and sewer bill. Based on approximately 8,000 system users, this would generate nearly $1.3 million per year to fund debt service on the loan. This would be in addition to any adjustments to existing or proposed water and sewer rates or capital charges. The final amounts required for debt service would be based on the approved loan amount and debt service calculations. Staff believes that implementing the SRF Loan Debt Service Charge may be done incrementally in order for the increase to be more gradually introduced to the system users. The City's ability to secure SRF loan financing to move forward with the CWWTP decommissioning project is also contingent upon the ability of the City to demonstrate that water and sewer rates and sewer capital charges are sufficient to fund the operation, maintenance and capital improvement costs of the "existing" system. This requirement is in place to ensure that the City does not apply SRF financing towards operating, maintenance and capital costs other than for the specifically funded project. Mr. Pieper broke down the following dates and steps required for the CWWTP decommissioning project: • May 18, 2015 o Approve new water sewer rates • May 22, 2015 o Advertise for Public Hearing in local paper for Preliminary Environmental Impact Determination (PEID) • June 1, 2015 (Council Meeting) o Approve Debt Service Ordinance o Approve HR Green, Inc. Construction Contract o Public Hearing for PEID • June 2, 2015 (Advertise for Bids) o The advertisement needs to be to the newspaper three (3) days before publication (May 29, 2015) o 45-day bid advertisement period to follow o Financial Informational Checklist to be completed and submitted to IEPA during 45-day period • July 17, 2015 (Bid Opening) o Bid review will occur after opening • Week of July 20, 2015 and July 27, 2015 completing Bid Certification form and submitting form to IEPA • July 24, 2015 (HR Green, Inc. letter of recommendation for Intent to Award to the City • August 3, 2015 (Council Meeting) o Approve Intent to Award Committee of the Whole Meeting Page 5 May 11, 2015 o Approve Notice of Award and Notice to Proceed pending the City obtaining the SRF Loan • August 2, 2015 to September 30, 2015 o IEPA loan documentation review by IEPA o Loan completed and signed by IEPA on or before September 30, 2015 • Week of October 5, 2015 o City signs SRF Loan o Notice to Award, Notice to Proceed, and Preconstruction Meeting City Administrator Morefield summarized the Water and Sewer Rates, Sewer Capital Charge. McHenry's Water and Sewer Fund, not unlike that of other municipalities, has historically not produced sufficient revenues to be able to maintain operating and maintenance (O&M) and capital improvement funding. At the January 6, 2014 Council meeting, Council approved retaining HR Green, Inc. to undertake a comprehensive water and sewer rate study and cost of service analysis. The results of the analysis were presented to the Council at the August 11, 2014 Committee of the Whole meeting. The analysis identified the following: • The City is not receiving sufficient revenues from any customer classes under the existing rate structure to meet operational and maintenance expenses for the water system; • The City is receiving sufficient revenue from all customer classes to meet minimum service charges but not volume/treatment costs for the sewer system; and • The City has, and will continue to, deplete its cash reserve to offset the shortfalls of the above. As a result of these finding, by consensus Council directed Staff to develop a proposed water and sewer rate structure that resulted in the implementation of rate charges by various customer types based on usage, that would ensure sufficient operating and maintenance revenues as well as provide for the generation of sufficient revenues for the implementation of water and sewer capital projects. As a result of this direction from Council, and with an understanding that adjustments of water and sewer rates are also required as part of the CWWTP decommissioning project, Staff and HR Green, Inc. have conducted further analysis of water and water operating, maintenance and capital costs in an effort to devise a new water and sewer rate structure that meets the following goals: 1. Ensure that annual operating and maintenance expenditures are covered by water and sewer rates; 2. Ensure adequate revenue surplus to fund planned water and sewer capital improvements; and 3. Demonstrate that adequate water and sewer revenues exist to fund operating, maintenance and capital expenses for the existing system to satisfy the requirements of the State Revolving Fund (SRF). Committee of the Whole Meeting Page 6 May 11, 2015 City Administrator Morefield noted that the need to adjust water and sewer rates for operating and maintenance costs, and implementation of a sewer base charge exists even without the existence of the CWWTP project. Staff recognizes that any discussion regarding the potential for increased costs for services to City residents is difficult. However, the provision of water and wastewater services and the planning and implementation of projects that ensure that water is treated and conveyed and wastewater removed and treated are among the most basic services that a municipality can provide. City Administrator Morefield provided Council with a summary of Water Rate and Sewer Rate recommendations. City Administrator Morefield stated that should Council wish to proceed with the implementation of the revised water and sewer rates, Staff would present a Utility Rate Ordinance for consideration at the May 18, 2015 City Council meeting. Responding to an inquiry from Council regarding the increase in costs, Mr. Pieper stated that prices have fluctuated with time, vendor prices were off and construction and contractor prices have gone up. Mr. Pieper reiterated that the City is currently in the cycle for the SRF Loan. The schedule, as presented, is in the later portion of the cycle. He noted that the IEPA is awaiting the City's approval of the project to proceed. City Attorney McArdle emphasized that the details need to be finalized in order to meet the required deadline of 2018. Responding to an inquiry from Alderman Glab, Director of Public Works Schmitt stated that maintenance costs are high because the equipment is old. Responding to an inquiry from Alderman Condon regarding the "base" fee for water and not for sewage, City Administrator Morefield stated that sewage is more costly to treat. Superintendent Ruzicka, responding to an inquiry from Alderman Santi regarding how the CWWTP is currently functioning, stated that it is still operationally functioning but approximately 400,000 gal/day is currently going to SWWTP to take some of the pressure off of the CWWTP. Committee of the Whole Meeting Page 7 May 11, 2015 Mayor Low indicated that the City is under some time constraints. She stated that she understands the concerns verbalized, but there is never going to be an ideal situation. Staff requires a consensus immediately in order to take advantage of the SRF Loan. Alderman Condon opined that it is necessary that the City move forward and proceed with the project. The City must be able to collect the necessary costs of operation and maintenance. Alderman Condon suggested that Staff break down the individual rates prior to Council approval. Alderman Condon stated that she supports moving forward. Alderman Santi inquired whether all other sources of funding have been exhausted; Mr. Pieper responded that as far as he is aware, yes. Responding to Alderman Santi's inquiry regarding the definition of "user," Director of Finance Lynch stated that a "user" is defined by meter. Mayor Low asked if Staff had consensus from Council to move forward. Alderman Peterson, Alderman Condon, Alderman Schaefer, Alderman Santi responded affirmatively. Alderman Curry stated that he would like to see the residential, condominium, and apartment usage fees tightened up and that he would prefer smaller rates. He also suggested informing the community regarding the rate increase. Alderman Glab opined he would like to see the residential rates as one fee, rather than broken down. It was the consensus of Council that Staff should proceed with the implementation of revised water and sewer rates and present the Utility Rate Ordinance for consideration at the May 18, 2015 Council meeting. ADJOURNMENT Motion by Santi, seconded by Schaefer, to adjourn the Committee of the Whole meeting at 8:42 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Peterson, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. The Committee of the Whole meeting adjourned. at 842 pm. Mayor City Clerk REGULAR MEETING May 18, 2015 Mayor Low called the regularly scheduled May 181 2015 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer and Condon. Absent: Alderman Peterson. Also in attendance were City Administrator Morefield, Director of Public Works Schmitt, Director of Finance Lynch, Deputy Chief Birk, City Attorney McArdle, City Engineer Pieper and City Clerk Jones, Absent: Deputy City Administrator Hobson, Director of Economic Development Martin and Chief of Police Jones GUEST MAYOR—JOE WEINBERGER Mayor Low introduced Guest Mayor, Joe Weinberger. Mayor Low informed Council that Joe's father bid on and won the Guest Mayor position for Joe. Mayor Low thanked Joe for his interest in the City of McHenry and for the amazing questions asked. Mayor Low requested that Guest Mayor Weinberger call for the roll and lead the Council and audience in the Pledge of Allegiance. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one spoke at Public Input. CONSENT AGENDA Alderman Santi requested that Item B, Approval of a Temporary Use Permit, through August 31, 2015, to allow outdoor seating, outdoor sales of alcohol, food and live entertainment for After the Fox, located at 1406 Riverside Drive, be pulled from the Consent Agenda and voted on as a separate item. A. Approval of 1. Request to advertise for bids for the 2015 Maintenance Crack Sealing Program; and 2. IDOT "Resolution for Maintenance of Streets & Highways by Municipality Under the Highway Code"; C. Approval for temporary closure of Waukegan Road from East Campus High School to Green Street and Green Street between Waukegan Road and John Street, from 8:00 am to 8:15 am for the annual Run for Your Life Shamrock Shuffle 5K & Kids Dash on Saturday, March 12, 2016; D. Approval of a request from the Siman Family Charities to host the annual Turkey Trot 5K for Hospice on November 26, 2015, and temporary closure of a portion of John Street, from the exit drive at East Campus High School to the entrance to McHenry Country Club for approximately 20 minutes: E. Approval a request from McHenry Rotary Club for use of Petersen Park from July 30, 2015 through August 3, 2015 to setup, host and clean-up for the annual Blues, Brews & BBQ Festival, special event liquor license for the sale of beer, wine and malt liquors; use of City services and temporary advertising signs; F. Approve an Ordinance decreasing the number of open Class A liquor licenses from 24 to 23; G. Approval of Parks Special Use/Picnic permits; H. Approve a Block Party Permit for the Patriot Estate Subdivision; 1. Approve April 20, 2015, April 27, 2015 and May 4, 2015 City Council meeting minutes; J. As Needed Checks; and B. Approval of List of Bills. Regular Meeting Page 2 May 18, 2015 Motion by Wimmer, seconded by Santi, to approve the Consent Agenda, as amended. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. ITEM B After the Fox Restaurant, located at 1406 N. riverside Drive, is requesting a temporary use permit to allow an expansion to the existing outdoor seating area, which is directly adjacent to the Fox River. The proposed expansion includes a 13'x 16' (208 square foot) deck expansion area, and the temporary use permit request would commence upon the City Council's approval and terminate September 1, 2015. Staff has met with the restaurant owner, Patrick Summers, who is in the process of completing the required paperwork for presentation to the Planning and Zoning Commission at the June 17, 2015 meeting. In an effort to capitalize on the spring and summer seasons, the applicant is seeking a temporary use permit to begin the construction of the expanded outdoor seating area while contemporaneously applying to appear before the Planning and Zoning Commission. Staff noted that similar requests have been approved by the City Council in the past. The proposed outdoor seating expansion at 1406 N. Riverside Drive is consistent with the overall pIan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. Patrick Summers, the applicant, approached the podium. Mr. Summers answered various questions posed by the Council. Alderman Santi opined he is concerned that the Planning and Zoning Commission is being superseded. Alderman Santi suggested he is more comfortable following the process that is in place. Responding to Alderman Santi's concerns, City Administrator Morefield noted that the Ordinance allows for temporary use as an option. Staff suggested the temporary use because the Planning and Zoning Commission only meets once a month. A discussion ensued. Motion by Wimmer, seconded by Condon, to approve the Temporary Use Permit, through August 31, 2015, to allow outdoor seating, outdoor sales of alcohol, food and live entertainment for After the Fox, located at 1406 Riverside Drive Voting Ave: Schaefer, Wimmer, Condon, Mayor Low. Voting Nay: Santi, Glab, Curry. Absent: Peterson. Motion carried. Regular Meeting Page 3 May 18, 2015 APPROVE A CONTRACT WITH FIVE ALARM FIREWORKS CO. TO PRODUCE A 25-MINUTE FIREWORKS SHOW ON JULY 4, 2015 (RAIN DATE, JULY 51 2015) IN CONJUNCTION WITH THE ANNUAL JAYCEES DAY FIREWORKS CELEBRATION IN PETERSEN PARK FOR A TOTAL COST OF $151000, WITH A $10,000 CONTRIBUTION FROM THE JAYCEES AND A $5,000 CONTRIBUTION FROM THE CITY OF MCHENRY; CITY SERVICES FOR THE EVENT AS NEEDED AND, WAIVER OF ALL ASSOCIATED FEES City Administrator Morefield reiterated to Council that annually the City of McHenry partners with the McHenry Area Jaycees to produce the annual Jaycees Day Fireworks Celebration in Petersen Park. This year, the Jaycees Day Fireworks Celebration will be held on Saturday, July 4, 2015, with a rain date of Sunday, July 5, 2015. Two companies, Melrose Pyrotechnics and Five Alarm Fireworks Co. responded to the Request for Qualifications (RFQ) for the cost to produce a 25 minute show. Five Alarm Fireworks Co. presented a bid to produce a 25 minutes show for the cost of $15,000. The Jaycees selected Five Alarm Fireworks Co. to produce a 25-minute show choreographed to music, for $15,000. As in the past, the Jaycees will donate $10,000 towards to cost of the contract and the City will contribute $5,000. McHenry Township Fire Protection District is familiar with Five Alarm Fireworks Co. and has no concerns with the proposal, as presented. Staff has checked references and everyone is satisfied with Five Alarm Fireworks Co.'s past performances. The Jaycees are also requesting permission to host local bands to perform in the park from 4:00 pm to 9:15 pm. Musical entertainment has been provided on stage since 2005. The bands will be asked to secure sponsorship and provide additional sound equipment. The Jaycees will provide funds for a sound system and background music through revenue derived from the $6.00 per car parking fee. City Administrator Morefield noted that together with financial participation, the City of McHenry provides services from the Parks and Recreation Department, Public Works Department and the Police Department. Equipment from the McHenry Township Fire Protection District will be in attendance to assist as necessary. Motion by Schaefer, seconded by Curry, to approve the recommendation of the McHenry Area Jaycees to accept the proposal from Five Alarm Fireworks Co., located in Tinley Park, Illinois, to produce a 25 minute fireworks show for $15,000, with a $5,000 contribution from the City of McHenry, City services as needed, and waiver of all associated fees, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Regular Meeting Page 4 May 18, 2015 Motion carried. Alderman Schaefer requested that at some point in the future he would like the matter of fees addressed, even for not -for -profit organizations. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR ENGINEERING DESIGN BIDDING AND CONSTRUCTION OBSERVATION FOR AN AMOUNT NOT TO EXCEED $49,552, AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CRUSTAL LAKE ROAD/DARTMOOR DRIVE TRAFFIC SIGNAL City Administrator Morefield informed Council that as part of the Phase I engineering for the Crystal Lake Road Improvements, a traffic signal analysis was conducted at the intersection of Crystal Lake Road and Dartmoor Drive in August 2012. As that time, the analysis showed that the intersection did not meet warrants for a traffic signal as outlined in the Federal Highway Administration's "Manual on Uniform Traffic Control Devices" (MUTCD). In September 2014, Staff directed the City Engineer to re -visit the traffic signal warrant analysis to examine current traffic operations and conditions to include updated accident reports and a more representative traffic count while school is in session. To meet the traffic warrant analysis two of the nine warrants must be met to justify installation of a traffic signal. The result of the traffic warrant analysis identified three of the nine traffic warrants had been met, as defined by the MUTCD. The three warrants met were due to traffic volumes, but not as a result of safety concerns. The 2015/2016 Capital Improvement Program (CIP) includes $400,000 for the design/observation engineering and construction of traffic signals at the intersection of Crystal Lake Road and Dartmoor Drive. HR Green Inc. has submitted a Professional Services Agreement for design engineering and construction observation. The scope of work includes preparation of detailed contract plans, cost estimate, assistance in bid tabulation, bid award recommendation, field inspection and payment recommendations. The engineering services fee is in an amount not to exceed $49,552.00. Alderman Condon opined that she is pleased the project is moving forward. Responding to Alderman Glab's and Alderman Schaefer's concerns that the hours and fees appear excessive, City Engineer Chad Pieper stated that the installation of traffic signals is not a cookie cutter process and that this is the amount of time it takes to put together a complicated light with multiple steps. Responding to Alderman Curry's inquiry regarding what makes this intersection different from any other, Director of Public Works Schmitt stated that each intersection is different because of the placement of water mains, electricity, etc. in the area. Regular Meeting Page 5 May 18, 2015 Motion by Condon, seconded by Wimmer, to approve the Professional Services Agreement with HR Green Inc., for an amount not to exceed $49,552.00, for engineering design, bidding and construction observation; and authorization to publicly bid the Crystal lake Road/Dartmoor Drive Traffic Signal. Voting Aye: Santl, Glab, Schaefer, Wimmer, Condon. Voting Nay: Curry. Absent: Peterson. Motion carried. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC., FOR DESIGN ENGINEERING FOR AN AMOUNT NOT TO EXCEED $19,794; AND ENGINEERING INSPECTION FOR AN AMOUNT NOT TO EXCEED $29,691 FOR THE TOTAL COST OF $49,485; AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 2015 STREET RESURFACING PROGRAM City Administrator Morefield informed Council that the 2015/2016 Capital Improvement Program (CIP) includes $450,000 for the design/observation engineering and construction of the Street Resurfacing Program, $40,000 for the resurfacing of the Green Street Parking Lot; and $7,500 for sidewalk replacement in the Downtown Business District area with revenues from the General Fund. The streets included in the CIP are: • Meade Street (Crystal Lake Road to Western dead end); • Silver Glen Road (Timber Trail to Deerwood Trail); and • Turnberry Drive (Green Street to Ronda Drive). To establish the list, Staff and the City Engineer visited each street to verify and inspect the current condition of the pavement. Street ranking is based on a 10-point system with the ranking of a No. 1 equivalent to a gravel road and a ranking of No. 10 equivalent to a newly paved road. The streets chosen for the 2015 Road Resurfacing Program have a ranking of less than No. 3 (poor condition). Staff and the City Engineer are also recommending listing Deer Run Trail (Deerwood Trail to Silver Glen Drive) as an alternative due to being adjacent to Silver Glen Drive, be included in the program based on the final unit cost of construction. HR Green Inc. has submitted a Professional Services Agreement for design engineering and construction. The scope of work includes preparation of detailed contract plans, cost estimate, assistance in bid tabulation, bid award recommendation, field inspections and payment recommendations. The engineering services fee is an amount not to exceed $19,794.00 (4% of construction estimate) for design engineering and for an amount not to exceed $29,691.00 (6% of final construction cost) for construction observation. It was noted the not to exceed construction observation fee assumes Deer Run Trail is included in the Street Resurfacing Program. Regular Meeting Page 6 May 18, 2015 Motion by Wimmer, seconded by Schaefer, to (1) approve the Professional Services Agreement for an amount not to exceed $19,794.00 (4% of construction estimate) for design engineering and for an amount not to exceed $29,691.00 (6% of final construction costs) for engineering inspection; and (2) authorization to publicly bid the 2015 Street Resurfacing Program. Voting Aye: Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: Santi. Absent: Peterson. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low informed Council that City Administrator Morefield has been recognized by McHenry County College as a Distinguished Alumni and that he has been invited to give the commencement speech this year at graduation ceremonies. Mayor Low announced that Green Street Cruise Nights have begun tonight and will continue through the season on Monday evenings from 6:00 pm to 8:30 pm. Mayor Low informed Council that the annual Memorial Day Ceremony takes place in Veterans Memorial Park on Monday, May 25, 2015 at 10:00 am. Mayor Low announced the first Concert in the Park commences in Veterans Memorial Park on Thursday, May 28, 2015 at 7:00 pm. The summer concert series will begin with a performance by the McHenry High School Jazz Bank in the Bob "Beef" Freund Band Shell. Mayor Low announced that the concerts in June, July and August would begin at 7:30 pm. COMMITTEE REPORTS Alderman Schaefer announced that there would be a Public Works Committee meeting on June 1, 2015 at 6:00 pm in the Alderman Conference Room. STAFF REPORTS City Administrator Morefield announced that Deputy City Administrator Hobson and Director of Economic Development Martin are in Las Vegas, Nevada for the annual International Convention of Shopping Centers. City Administrator Morefield stated that Deputy City Administrator Hobson is staffing the booth and has reported good attendance at the Convention and a lot of interest in the City of McHenry. Director of Economic Development Martin has arranged five meetings with various developers. Director of Public Works Schmitt provided a calendar from the Water Distribution Committee Tank Photo Contest, provided by the American Water Works Association. Of the photos submitted the photo by Mike Palmer, Superintendent of the Water Division, of the one million gallon tank in McHenry, was chosen for December 2015. Regular Meeting Page 7 May 18, 2015 Director of Public Works Schmitt announced that an Electric Waste Recycling event would take place on Saturday, May 30, 2015, from 9:00 am until noon, at the Public Works Facility on Industrial Drive in McHenry. FUTURE AGENDA ITEMS There were no future agenda items. Mayor Low thanked Joe Weinberger for acting as Mayor of the City of McHenry. ADJOURNMENT Motion by Wimmer, seconded by Curry, to adjourn the meeting at 8:24 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The meeting was adjourned at 8:24 pm. Mayor City Clerk Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: June 15, 2015 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Park Facilities Special Use and/or Beer/Wine permit requests. If Council concurs with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Special Use and Beer/Wine permit requests. T/re C`i1v of McHean� is dedicated to providing its citi,;eira, bnsu�esses, nud ��isitors with tyre highest gre�rlit�� �f�rrogr�nns and services in a c�4sfonaer-oi•ieufed, efficient, and fisca/Ir responsible inmurer. FOR COUNCIL MEETING ON June 15, 2015, Deer/wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 06/28/15 Denise Kuzniewski Grad 2804 Rose Ave, McH 08/16/15 Renae St Clair Family 742 Kresswood, McH 08/23/15 Barb Outinen Family 785 Wellington Dr, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 06/28/15 Denise Kuzniewski Grad 2804 Rose Ave, McH tables, chairs, catered food 1Ox10 tent, music(DJ/Band) TConaway\pic perm list.doc rNA Contact Person; TYI.c��,I�R.Y PAS FACX.��TiE� S�'�CZA.L �S� AIV�/0�.13T ��R/"���C� Ai'P��CAT�ON D�nis� M . r( vtzr�lewsOt�� CJate qi' Picnic:_•___ ,•'.,2 $ �• 15 Company/Organization: tJ o n L - � a YY1 t (�. ,.�.,Add.ress: �. $ D t-i• �.,l�Spi �V � • _ _ City/State/Lip: /VI,G �L h I -come• Phone:___ "•�� � T •�W�•k/Cell Phone; ��•i''7 ° U d � ;^4 ©tD `� ��-- - - Park: � Knax Park (A only) t�Pc:tarsen Perk o Vetera.n's Memorial Pa•rl< Area: � Shelter A ❑ Sltelt�r B �S1leltar C r.t Oiher:� �,�,•,�•�_____�..•_._._....._ Arrival Time; tlon» �2 w� ,� departure "f`it11e: "I � oO��vt Total Number Attending:.,Q„�,�r ••.x• lab Falsifying attetzdance nu�rtGers will rc�s�ult irz loss° of cie��osit, Groups aver S00 rrtnst obtain additional: to durrtpslers � portable toilets Water, electricity and restrcoa'ns are avtrilable at all sites• Knox Park A has a portable restroom, Brief descriptian of event (company picnic, car show. craft show, wedding, etc.); C-I,YCtG+�,ltoV� v�'l �aX ft'j � P! Gib IYCi -•-�o`' `�•--� ' t [�-�'t4�' ot� ter► c� .�-{ 'r �I o 1� � ._�._ �H _._ .List all activities to be held: L ni evt j t , ._ (toms brou ht into park site �+ Other--- t�rj-n•d,...__bt rn'Tables t�YCha.irs u Benches ❑ Carnival Rides � Music ❑Animals u Catered Pig Roast �' Tent; Location l n Park; ►n ¢ aX � �n e 1 fi ar _ Size: . '� o k swi"� '• ! `� � � Tent Staked: �' •yes c� no ELECTRICAL FOR TENTS c1 APPL(CAN'1` TO CALL JT^JLCE (I-S00-892-0123) TO BE LOCATCD � NO ELECTRIC; S1larnrock irir�****•kxtY�x•*�*fir*�t'r��Y�•h*�x�4�1�*•k�C•kicYc'h1�Ytt��l�F•k�?*��'x�*�;t�•k�•hic�tY�k*�•kK�x���hSY�t•k�xsi���N+kx���x�4K�x�i44cHxwArx�K�•kx�;�k4rxscwsr 'VViII bear/wine be presertt:'t�`Yes ra No >`E Y()U C�EC�E�'�ES, i'Z.,EASE ANS`VVER QUESTIONS I3E�OW: Indicate the nt,ullbet' of beer/wine permits denied Y►D�U, Indicate a.n�ount of beer/wine to be brUU�I1t 111t0 tl1e City Parlc under this par•rnit on above date (i7umbar of wine bottles, beer cases, beer kegs, etc,) r�n� I�.e�rvtan�hc.�Z-� cbo1,U� 1 agt'ee that all the beer/wine containers will be removed by applicant or placed in proper contaulars on site on the pernlit•d.a.te and that no underage or intoxicated parson will be allo4ved to consume any of the beer/wine brought into the City of Mcl-Cenry park under this permit. I agrae that none of tlla bear/wine allnwad in the City of McHanry park, pt.irst.tant to this application wil(be sold., it beitlg understood that tha sale oi' baer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of Mc>✓lenry Park Permit rules, I have read and. understand the rules atld regulations that have been sat forth by the City of 1VIcF{enry regarcling tha Special Use and/or deer/Wine Applications) and will assume responsibility for any loss, damaga or liability arising, from the use of the park property. I also t-uldarstaald that not complying with the Park Penllit rules will result in Inns ofdchnsit• t Signature• %Y I7ate� !e • '� • I' � T�ealtlt permits Are required by 1 'o concessions and entering..I'Ie�tse n7tike nrrangetnents to obtain perttttts. NOTE: Apprav�il will ba based on the items listad above. Any other raquasts are subjaet to further approval, Restr.iotions: wwwwwwwwwwwwwwww�;t;�**w�ww,rww�,t�,�,��+r����•*��,eFOR OFFI("C t.1SE ONLY*****"'�r�*wa•,t,a�,t���t�,��•x*�;tw•x�w�w*�r���ta�����Y�w�w,ir�ttww�� Reservation Fee; � ��' ____. __ __ Date C'aid '<:� _�t � ` , Initials '�.: � �_ Deposit Fee: $ i i'' _ ,.._.__.,�..,,,__ i'aymenr r� Cash [lC;heck n Charge-� Total Fee: $ /_�_ Submitted ro City Couneil; Cont'trmatiori Sent: --- •--- �tnitials:•,Y City Gauncll Approval; parks\Pormslpicnic forms\spacial use and beer end or wine application R Contact Person: M cHENRY PARK I{ ACI.LI TIES SPECIAL USE AND/OR BEER/WINE APPLICATION C KJ`rl`�1 Q ✓'� ��✓� —�I Company/Organ ization: City/State/Zip: Date of Picnic;_.._u_....____..3 n , WUrk/Cell Phone:&%: Park: a Knox Park (A only)Petersen Pa.,k n/etera.n's Memorial l'a.rk Area: ,KShe ter A n Shelter B ❑ Shelter C r.) Other: Arrival Time: p, W. _ _ _ Departure Time:Y.1 Total Number Attending :r �,.6�., Falsify'nll a.ttenclance numbers will result in loss of deposit. Groups over 500 must obtain additional; ❑ dumpsters ❑ portable toilets Water, electricity and restroorns are available a.i all sites. 1<nox lark A has a portable restroom. ',�I Brief description of event (company picnic, Cali Show, Craft show, wedding, etc.):-_ EA�- List all activities to be held:_ Items brought into park site; ❑Tables ❑ Cha.irs u Benches ❑Carnival hides n Music ❑ Animals u Catered Pig Roasf a Tent: Location (n Pat•lc ELECTRICAL TENTS Sire: ❑ APPL,►CANI' TO CALL JIIL,IE (1-800-892-01?3) TO BE LOCATED C'OR NO ELECTRIC. Shamrock Tent Staked: ❑yes ❑ no Tt'X 1C XT'1i%X*1: YC 1C%*'ft'Y%*if'I(**%'kif%'iP'A'Yf'hY%'}"k')f'7.%7�"iti:�'t�!%%%lf%%1�f%'if'KY't%%%%1P%%%Y(%f!%%!%%%%tifk$1 Will beer/wine be present:`W('es ❑ No IT YOGI C�-i�C��+ 'Yr!;S, t'I��AS� AI�SWETt QULSTTONS 13)J'LOW:, lndieate the number of beer/wine permits denied ^.Indicate a.rnount of beer/wine to be brou h��, ))to Che City Park under this per�llit on above date (number of wine ottles, beer cases, beer kegs, ote,)��L(f�2 �ll� I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of tile bccrJwine brought into t11e City of Mel-lenry park Mulder this permit. 1 agree that none of the beer/wine allowed in the City of McHenry park, purs�.tant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply with the City of McHenry Park Permit rules, I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, danlage or liability arisino froat the use of" the park property.j,4so understand that not complying with the Park Permit rules will result in loss of deposit. Health pea*niits are required by law for concessions and catering. Please make arrangements to obtain pe►4mits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: r�***�,rx',r*x*,r,�w**,�%*����,t*x%�*%*+t%�x*aa•�%,taFOR OFFICt? C.ISEONLY*,tx�ax��,t�;:�x�hx��xx,t Reservation Fee: pc/' Date Paid:___�� Initials;_,_1'?`►''�C_t Deposit Fee; �Payment: c] Cash D Check u Chart:,e Dotal fee: �� Submitted to City Council: ?w� 7 Confirmation Sent; _Initials:_w_ _,.� City Council Approval: _....—_.,._—, parks\I'orms\picnic forms\special use and beer and or wine application t4j r�tITMcHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/''VVIN 1 APPLICA ( 011taet: Person: Company/Organization: _Address* Date 0 Picnic;`; City/State/zip; c F Crtoo 'c Home Phone:_L11u,N _ work/Gell Phone: Park: ❑ Knox Park (A only) _ C OVetersen Park ❑ vetera.n's Memorial I'a.rk Area: ❑ Shelter A1;Shelter B to Shelter C I. Other: Arrival Time: (0�� _Departure Timer/ Total Number Attending;�,� Falsifying attendance numbers will result i.tz loss of deposit. Croups over 500 must obtain additional: ❑ dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has Lt portable restroom, Brief description of event (company picnic, ca.r show List all activities to be held:__ Items brought into park Si ❑ Oth.er ❑ Tent: Location h1 Park: F,LECTRICAL craft show, wedding, etc.): _ �1,gle�� Chkl.irs u Benches ❑Carnival Rides ❑Music ❑Animals ❑Catered Pig Roast Size; FOR TENTS ❑ APPI_,ICANT TO CALL JULIF, (I-800-&92-0123) TO BE LOCA I LU ❑ NO ELECTRIC: Shamrock Tent Staked; ❑yes ❑ no irfrt>t�>tie*,ti•k'kx**;F;Fkk**t>4�r,*�xie*ire SM�kr�k���i F ie��i�k*;Fi:�i;ic+N if t�rt�*ir�n�ic�K��it it it i<kK�>t'�xir�'e'kK+ki<xx>4 irKAk�kyk >4 k 11•Yrx 9r h ;r siKxi; Wi11 beer/wine be present: ❑ Yes o No Z<'OU CC;' 1? S, PLEASI✓ ANSWI I2 (�USTIt7NS 13T LOVV: Indicate the number of beer/wine permits denied . Indicate a.rrrount of beer/wine to be brought in o the City Park udder this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) x Q, I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the perinitda.te and that no underage or intoxicated person %vill be allowed to consume any of the beer/wine brot.rght into the City of Mel••lenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuaw to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, 1 have read and will comply with the City of Mcl-fenry Park Permit rules, I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising front the use of the park property, I also understand that not complying with the Park Permit rules will result in loss of deposit, Signature; %�C�'l.. na te: ;~lealth permits Are required by law for concessions anti caterirtg..1'tease rnal{e arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions, **�***�**�,�**w*������**����*,�,���*����•h���;<t;012 OI�FfC:G t.1SE ONLY•h,t*+F�n�F;.��4;hi:�R•x�AIA x�,�•x,�x,r,t��x�e���,t�����a�;�t,,,,t�n;,:� Reservation Fee; $ �• �,S __._•_ _ _ Datc Paid:_�� /% Initials:_.,I4J V�!, Deposit Fee; —.-_--- S Payment: ❑ Cash .{F 'heck ❑ CharuQ I'otal Fee: $._ _ Submitted to City Council: kQA 51�11 `� Confu•nlatiori Sent: _Initials:City Council Approval; _ parkslf'orms\picnic Pttrmslspecial use and beer and or wine applioati0n AS -NEEDED CHECKS COUNCIL MEETING 6/15/15 100 100-04-5310 UNITED PARCEL SERVICE 22.6 5/4/2015 100 100-22-5310 UNITED PARCEL SERVICE 32.4 5/4/2015 100 100-01-5410 MUNICIPAL CLERKS OF LAKE COUNTY 27 05/06/2015 100 100-04-5310 POSTMASTER MCHENRY IL 876.41 05/06/2015 100 100-22-5420 BLOOM INGTON-NORMAL MARRIOTT 477.12 05/08/2015 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 20 05/08/2015 100 100-04-5310 UNITED PARCEL SERVICE 22.6 05/08/2015 100 100-22-5310 UNITED PARCEL SERVICE 8.39 05/08/2015 510 510-32-5310 UNITED PARCEL SERVICE 8.07 05/08/2015 100 100-22-5430 VAN METER & ASSOCIATES INC 150 05/08/2015 100 100-22-5420 HAWTHORN SUITES 111.99 05/15/2015 100 100-22-6110 SYNCB/AMAZON 775.84 05/15/2015 100 100-01-5320 AT&T LONG DISTANCE 182.54 05/22/2015 100 100-22-5320 AT&T LONG DISTANCE 1.23 05/22/2015 100 100-33-5320 AT&T LONG DISTANCE 1.07 05/22/2015 100 100-41-5320 AT&T LONG DISTANCE 0.39 05/22/2015 100 100-45-5320 AT&T LONG DISTANCE 0.17 05/22/2015 510 510-32-5320 AT&T LONG DISTANCE 2.51 05/22/2015 100 100-01-5430 MCHENRY AREA CHAMBER OF COMMER 367.5 05/22/2015 100 100-04-5310 UNITED PARCEL SERVICE 22.6 05/22/2015 100 100-22-5310 UNITED PARCEL SERVICE 29.57 05/22/2015 600 600-00-4310 BLUE CROSS BLUE SHIELD OF ILLINOIS 153256.33 05/31/2015 600 600-00-4320 BLUE CROSS BLUE SHIELD OF ILLINOIS 8983.18 05/31/2015 100 100-2192 LEGALSHIELD 64.75 05/31/2015 TOTAL 165444.26 FUND 100 TOTAL 3194.17 FUND 510 TOTAL 10.58 FUND 600 TOTAL 162239.51 165444.26 McHenry, IL APPKT00081 nr011 r Vendor Name Account Number Vendor: 1110 GREEN LLC 1110 GREEN LLC 290-00-6940 Vendor: A -ABLE ALARM SERVICE INC A -ABLE ALARM SERVICE INC 100-01-5110 Vendor: AALTO, BRIAN AALTO, BRIAN 100-22-5420 Vendor: ACE HARDWARE, BJORKMAN'S ACE HARDWARE, BJORKMAN'S 100-01-6110 ACE HARDWARE, BJORKMAN'S 100-22-5370 ACE HARDWARE, BJORKMAN'S 100-22-6110 ACE HARDWARE, BJORKMAN'S 100-33-6110 ACE HARDWARE, BJORKMAN'S 100-42-6110 ACE HARDWARE, BJORKMAN'S 100-45-6110 ACE HARDWARE, BJORKMAN'S 510-31-6110 ACE HARDWARE, BJORKMAN'S 510-32-5380 ACE HARDWARE, BJORKMAN'S 510-32-6110 ACE HARDWARE, BJORKMAN'S 510-35-6110 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A 100-33-5370 ADAMS ENTERPRISES INC, R A 510-32-5370 ADAMS ENTERPRISES INC, R A 510-32-5370 ADAMS ENTERPRISES INC, R A 510-32-5370 ADAMS ENTERPRISES INC, R A 100-33-5370 Vendor: ADAMS, SAMANTHA ADAMS, SAMANTHA 100-47-5110 ADAMS, SAMANTHA 100-47-5110 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 510-32-6110 ADVANCED AUTOMATION AND 510-32-6110 Vendor: AMELIO, ROBERT AMELIO, ROBERT 100-47-5110 Vendor: AQUA AMERICA AQUAAMERICA 510-32-5110 Vendor: ARBOR DAY FOUNDATION ARBOR DAY FOUNDATION 100-41-5410 Vendor: AT&T AT&T 100-45-5320 AT&T 100-33-5515 Expense Approval Register LIST OF BILLS COUNCIL MEETING 6/15/15 Description (Item) Payable Number Post Date Amount 1/2 2014 TIF INCREMENT INV0000445 06/15/2015 28,385.30 Vendor 1110 GREEN LLC Total: 28,385.30 100015110 INV0000446 06/15/2015 146.50 Vendor A -ABLE ALARM SERVICE INC Total: 146.50 REIMB TRAVEL EXPENSES INV0000411 06/15/2015 48.48 Vendor AALTO, BRIAN Total: 48.48 SUPPLIES 5/1/15-5/31/15 06/15/2015 19.24 SUPPLIES 5/1/15-5/31/15 06/15/2015 17.99 SUPPLIES 5/1/15-5/31/15 06/15/2015 40.41 SUPPLIES 5/1/15-5/31/15 06/15/2015 643.73 SUPPLIES 5/1/15-5/31/15 06/15/2015 25.12 SUPPLIES 5/1/15-5/31/15 06/15/2015 467.23 SUPPLIES 5/1-5/31/15 06/15/2015 53.16 SUPPLIES 5/1-5/31/15 06/15/2015 296.99 SUPPLIES 5/1-5/31/15 06/15/2015 317.18 SUPPLIES 5/1-5/31/15 06/15/2015 80.81 Vendor ACE HARDWARE, WORKMAN'S Total: 1,961.86 VEHICLE REPAIRS 758680 06/15/2015 392.98 VEHICLE REPAIRS 758203 06/15/2015 496.93 VEHICLE REPAIRS 758274 06/15/2015 -264.83 VEHICLE REPAIRS 758356 06/15/2015 249.25 VEHICLE REPAIRS 758639 06/15/2015 153.98 Vendor ADAMS ENTERPRISES INC, R A Total: 1,028.31 PARKS & REC INSTRUCTOR 4/13/15-4/29/15 04/30/2015 77.44 PARKS & REC INSTRUCTOR 5/6/15-5/20/15 06/15/2015 66.37 Vendor ADAMS, SAMANTHA Total: 143.81 SUPPLIES 15-2229 06/15/2015 220.00 SCADA- SUPPLIES 15-2229a 04/30/2015 3,320.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 3,540.00 SOFTBALL UMPIRE FEES 5/18/15-6/5/15 06/15/2015 235.00 Vendor AMELIO, ROBERT Total: 235.00 READS FROM 1/28-3/30/15 MS-1591099 04/30/2015 156.30 Vendor AQUA AMERICA Total: 156.30 MEMBERSHIP DUES 9/15-9/16 06/15/2015 15.00 Vendor ARBOR DAY FOUNDATION Total: 15.00 ALARM CIRCUIT 5/28/15-6/27/15 06/15/2015 77.14 ALARM CIRCUITS 6/1/15-6/30/15 06/15/2015 77.22 Vendor AT&T Total: 154.36 6/10/2015 2:52:51 PM Page 1 Expense Approval Register Packet: APPKT00081- BWCSI SUPPPORT SERVICES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: B&W CONTROL SYSTEMS INTEGRATION B&W CONTROL SYSTEMS 510-31-5110 BWCSI SUPPPORT SERVICES 0180225 04/30/2015 150.00 Vendor B&W CONTROL SYSTEMS INTEGRATION Total: 150.00 Vendor: BANWART, NATE BANWART, NATE 100-47-5110 SOFTBALL UMPIRE FEES 5/18/15-6/5/15 06/15/2015 138.00 Vendor BANWART, NATE Total: 138.00 Vendor: BASS, ROBERTA BASS, ROBERTA 100-41-3636 REFUND -CUBS GAME INV0000412 06/15/2015 65.00 Vendor BASS, ROBERTA Total: 65.00 Vendor: BEAUDOIN, ROBERT BEAUDOIN, ROBERT 100-22-5420 REIMB TRAVEL EXPENSES INV0000413 06/15/2015 40.00 Vendor BEAUDOIN, ROBERT Total: 40.00 Vendor: BEHRNS, LESLIE BEHRNS, LESLIE 100-46-5110 PARKS & REC PROGRAM 4/24/15-4/26/15 04/30/2015 275.00 Vendor BEHRNS, LESLIE Total: 275.00 Vendor: BLACKSTONE LANDSCAPE INC BLACKSTONE LANDSCAPE INC 510-31-5110 MOWING SERVICES 2015-EO5223A 06/15/2015 1,008.00 BLACKSTONE LANDSCAPE INC 510-32-5110 MOWING SERVICES 2015-EO5223A 06/15/2015 679.60 BLACKSTONE LANDSCAPE INC 100-33-5110 MOWING SERVICES 2015-EO5223 06/15/2015 2,051.00 BLACKSTONE LANDSCAPE INC 100-41-5110 MOWING SERVICES 2015-EO5223 06/15/2015 7,346.40 Vendor BLACKSTONE LANDSCAPE INC Total: 11,085.00 Vendor: BOXX THIS INC BOXX THIS INC 100-44-6110 SUPPLIES 11988 06/15/2015 219.20 Vendor BOXX THIS INC Total: 219.20 Vendor: BRASIL, CONNIE BRASIL, CONNIE 510-31-3610 REFUND WATER/SEWER OP INV0000414 04/30/2015 19.68 Vendor BRASIL, CONNIE Total: 19.68 Vendor: BREMER, CURTIS H BREMER, CURTIS H 100-47-5110 SOFTBALL UMPIRE FEES 5/18/15-6/5/15 06/15/2015 130.00 Vendor BREMER, CURTIS H Total: 130.00 Vendor: BRENNAN, DAN BRENNAN, DAN 100-03-5110 MOWING SERVICES 5/28/15 06/15/2015 1,960.00 BRENNAN, DAN 100-03-5110 MOWING SERVICES 6/2/15 06/15/2015 2,170.00 BRENNAN, DAN 100-03-5110 MOWING SERVICES 6/3/15 06/15/2015 610.00 Vendor BRENNAN, DAN Total: 4,740.00 Vendor: BUCK BROS INC BUCK BROS INC 100-41-5370 VEHICLE REPAIRS 16666 06/15/2015 53.07 Vendor BUCK BROS INC Total: 53.07 Vendor: BUSS FORD SALES BUSS FORD SALES 100-33-5370 VEHICLE REPAIRS 5016785 06/15/2015 367.02 BUSS FORD SALES 100-33-5370 CREDIT ON VEHICLE REPAIRS 5016871 06/15/2015 -35.00 Vendor BUSS FORD SALES Total: 332.02 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 510-31-6110 SUPPLIES 53621 06/15/2015 63.50 CABAY & COMPANY INC 510-35-6110 SUPPLIES 53621 06/15/2015 63.00 Vendor CABAY & COMPANY INC Total: 126.50 Vendor: CAPITAL GAINS INCORPORATED CAPITAL GAINS 760-00-5110 CONTRACTUAL SERVICES 2253 06/15/2015 5,021.00 Vendor CAPITAL GAINS INCORPORATED Total: 5,021.00 Vendor: CAREY ELECTRIC CAREY ELECTRIC 100-42-5110 CONTRACTUAL SERVICES 29952 06/15/2015 325.00 Vendor CAREY ELECTRIC Total: 325.00 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 620-00-6270 SUPPLIES VT04759 06/15/2015 2,350.00 6/10/2015 2:52:51 PM Page 2 Expense Approval Register Packet: APPKT00081- SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount CDW GOVERNMENT INC 620-00-6270 SUPPLIES VV44843 06/15/2015 628.89 Vendor CDW GOVERNMENT INC Total: 2,978.89 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-33-5110 MEDICAL SERVICES 152347 06/15/2015 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICAL SERVICES 152474 06/15/2015 132.00 CENTEGRA OCCUPATIONAL 100-33-5110 MEDICAL SERVICES 152522 06/15/2015 30.00 CENTEGRA OCCUPATIONAL 510-31-5110 MEDICAL SERVICES 152522A 06/15/2015 30.00 CENTEGRA OCCUPATIONAL 100-22-5110 MEDICAL SERVICES 152686 06/15/2015 30.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 252.00 Vendor: CHAIN O'LAKES BREWING CO CHAIN O'LAKES BREWING CO 740-00-3750 REFUND-RET PERSONNEL ACCT INV0000447 06/15/2015 167.50 Vendor CHAIN O'LAKES BREWING CO Total: 167.50 Vendor: COLLEGE OF DUPAGE-ACCTS RECEIVABLE COLLEGE OF DUPAGE-ACCTS 100-22-5430 TRAINING EXPENSES 5957 04/30/2015 95.00 Vendor COLLEGE OF DUPAGE-ACCTS RECEIVABLE Total: 95.00 Vendor: COMCAST CABLE COMCAST CABLE 620-00-5110 CABLE TV/INTERNET 6/12-7/11/15 06/15/2015 110.93 COMCAST CABLE 620-00-5110 CABLE TV 6/11-7/10/15 06/15/2015 127.81 COMCAST CABLE 620-00-5110 INTERNET 6/4-7/3/15 06/15/2015 162.85 COMCAST CABLE 620-00-5110 INTERNET 6/4-7/3/15A 06/15/2015 82.90 COMCAST CABLE 620-00-5110 CABLE TELEVISION 6/8/15-7/7/15 06/15/2015 29.46 Vendor COMCAST CABLE Total: 513.95 Vendor: COMED COMED 510-31-5510 PUMPING FEES 4/27/15-5/27/15 06/15/2015 342.00 COMED 510-32-5510 PUMPING FEES 4/27/15-5/27/15 06/15/2015 1,848.87 COMED 100-33-5520 UTILITIES 4/27/15-5/27/15A 06/15/2015 32.79 COMED 510-31-5510 UTILITIES 4/27-5/27/15 06/15/2015 337.16 COMED 510-32-5510 UTILITIES 4/27-5/27/15 06/15/2015 166.16 Vendor COMED Total: 2,726.98 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHARGES 4- T1535399 04/30/2015 10.00 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 Vendor: COMPASS MINERALS AMERICA COMPASS MINERALS AMERICA 270-00-6110 SUPPLIES 71343304 06/15/2015 10,340.99 COMPASS MINERALS AMERICA 270-00-6110 SUPPLIES 71343643 06/15/2015 5,852.38 COMPASS MINERALS AMERICA 270-00-6110 SUPPLIES 71344033 06/15/2015 3,082.43 Vendor COMPASS MINERALS AMERICA Total: 19,275.80 Vendor: COMPUTER POWER SYSTEMS INC COMPUTER POWER SYSTEMS 620-00-5110 VIDEO CAMERAS & 40102 06/15/2015 1,578.00 Vendor COMPUTER POWER SYSTEMS INC Total: 1,578.00 Vendor: CONSERV FS CONSERV FS 100-45-6110 SUPPLIES 2064218-IN 06/15/2015 42.02 Vendor CONSERV FS Total: 42.02 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-32-5510 UTILITIES 4.28/15-5/28/15A 06/15/2015 35.13 CONSTELLATION NEWENERGY 100-33-5520 0.04974 UTILITIES 4/24/15-5/26/15 06/15/2015 4,070.22 CONSTELLATION NEWENERGY 100-33-5520 0.047 UTILITITES 4/28/15-5/28/15 06/15/2015 20,671.92 CONSTELLATION NEWENERGY 100-42-5510 0.047 UTILITITES 4/28/15-5/28/15 06/15/2015 512.16 CONSTELLATION NEWENERGY 100-44-5510 0.047 UTILITITES 4/28/15-5/28/15 06/15/2015 56.06 CONSTELLATION NEWENERGY 100-45-5110 0.047 UTILITITES 4/28/15-5/28/15 06/15/2015 375.15 Vendor CONSTELLATION NEWENERGY INC Total: 25,720.64 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-01-6110 SUPPLIES 5500524223.001 06/15/2015 111.84 CRESCENT ELECTRIC SUPPLY CO 100-45-6110 SUPPLIES 5500529341.002 06/15/2015 72.48 CRESCENT ELECTRIC SUPPLY CO 510-32-6110 SUPPLIES 5500553138.001 06/15/2015 11.25 CRESCENT ELECTRIC SUPPLY CO 510-32-6110 SUPPLIES 5500553411.001 06/15/2015 42.17 6/10/2015 2:52:51 PM Page 3 Expense Approval Register Vendor Name Account Number CRESCENT ELECTRIC SUPPLY CO 510-32-6110 Vendor: CRUZ, MICHAEL CRUZ, MICHAEL 100-22-4510 Vendor: CURRAN MATERIALS COMPANY CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 Vendor: D'ANGELO NATURAL SPRING D'ANGELO NATURAL SPRING 510-32-6110 Vendor: DAVIES, JEFFREY C DAVIES, JEFFREY C 100-22-5110 Vendor: DAWSON, CHRISTINE DAWSON, CHRISTINE 100-22-4510 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 Vendor: DONS CLEANERS DONS CLEANERS 100-22-5110 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 100-22-5110 DREISILKER ELECTRIC MOTORS 510-32-6110 DREISILKER ELECTRIC MOTORS 510-32-6110 DREISILKER ELECTRIC MOTORS 100-01-5110 Vendor: DUCAK, KELLY DUCAK, KELLY 100-22-5420 DUCAK, KELLY 100-22-5420 DUCAK, KELLY 100-22-5420 Vendor: DUNN, TAMMY DUNN, TAMMY 100-47-5110 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 Vendor: EASTLAND, CORRIE EASTLAND, CORRIE 100-2200 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 610-00-5980 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/11M'S 100-33-5370 ED'SAUTOMOTIVE/JIM'S 100-45-6110 ED'SAUTOMOTIVE/JIM'S 510-32-5370 Description (Item) SUPPLIES EMPLOYEE CLOTHING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SUPPLIES Packet: APPKT00081- SUPPLIES Payable Number Post Date Amount S500554265.001 06/15/2015 17.18 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 254.92 INV0000415 06/15/2015 68.98 Vendor CRUZ, MICHAEL Total: 68.98 3742 06/15/2015 166.08 9480 06/15/2015 35.00 9502 06/15/2015 180.00 9508 06/15/2015 189.54 9524 06/15/2015 Vendor CURRAN MATERIALS COMPANY Total: 0781347/0742244 06/15/2015 Vendor D'ANGELO NATURAL SPRING Total: SOFTWARE MAIN 5/19/15- 163 06/15/2015 Vendor DAVIES, JEFFREY C Total: REIMB EMPLOYEE UNIFORM INV0000416 06/15/2015 Vendor DAWSON, CHRISTINE Total: TONER SUPPLIES 267317 06/15/2015 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: CONTRACTUAL SERVICES INV0000417 06/15/2015 Vendor DONS CLEANERS Total: GENERATOR MAINT i963080 06/15/2015 SUPPLIES 1965231 06/15/2015 SUPPLIES i966124 06/15/2015 GENERATOR REPAIRS i964880 06/15/2015 Vendor DREISILKER ELECTRIC MOTORS INC Total: REIMB TRAVEL EXPENSES INV0000418 06/15/2015 REIMB TRAVEL EXPENSES INV0000419 06/15/2015 REIMB TRAVEL EXPENSES INV0000420 06/15/2015 Vendor DUCAK, KELLY Total: PARKS & REC INSTRUCTOR 5/23/15-5/28/15 06/15/2015 Vendor DUNN, TAMMY Total: SUPPLIES 377503A 06/15/2015 Vendor DURA WAX COMPANY INC, THE Total: REFUND O/P PARKING TKT INV0000448 06/15/2015 Vendor EASTLAND, CORRIE Total: VEHICLE REPAIRS 1433 06/15/2015 Vendor EBY GRAPHICS INC Total: VEHICLE REPAIRS 5/6/15-5/20/15 06/15/2015 VEHICLE REPAIRS 5/6/15-5/20/15 06/15/2015 VEHICLE REPAIRS 5/6/15-5/20/15A 06/15/2015 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 600.00 600.00 156.96 156.96 19.95 19.95 1,975.00 48.07 50.00 8.00 81.28 180.00 180.00 168.50 52.00 26.00 246.50 6/10/2015 2:52:51 PM Expense Approval Register Vendor Name Account Number Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 100-33-5370 Vendor: FAST EDDIES CAR WASH Vendor: FASTENAL FASTENAL 100-45-6110 Vendor: FIORE, CLARISSA FIORE, CLARISSA 100-47-5110 FIORE, CLARISSA 100-47-5110 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-33-6110 FISCHER BROS FRESH 510-31-6110 Vendor: FIVE STAR PALLETS INC FIVE STAR PALLETS INC 740-00-3750 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 510-35-6110 FOXCROFT MEADOWS INC 100-33-6110 FOXCROFT MEADOWS INC 100-45-6110 Vendor: FRY, ROBERTJ FRY, ROBERTJ 100-33-6110 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 100-01-6110 G & E GREENHOUSES INC 100-45-6110 Vendor: GALLAGHER RISK MANAGEMENT SERVICES INC, GALLAGHER RISK 610-00-5960 Vendor: GALLS LLC GALLS LLC 100-22-4510 GALLS LLC 100-22-4510 GALLS LLC 100-22-6110 Vendor: GEMINI COMPUTERS GEMINI COMPUTERS 100-22-6110 Vendor: GESKE AND SONS INC GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 Packet: APPKT00081- PROPANE FORKLIFT Description (Item) Payable Number Post Date Amount PROPANE FORKLIFT 133053-1 06/15/2015 27.91 Vendor ED'S RENTAL & SALES INC Total: 27.91 VEHICLE WASH 10 06/15/2015 16.95 Vendor FAST EDDIES CAR WASH Total: 16.95 SUPPLIES ILMCH14172 04/30/2015 28.03 Vendor FASTENAL Total: 28.03 PARKS & REC INSTRUCTOR 4/4/15-4/25/15 04/30/2015 63.00 PARKS & REC INSTRUCTOR 5/2/15-6/6/15 06/15/2015 84.00 Vendor FIORE, CLARISSA Total: 147.00 SUPPLIES 5015 06/15/2015 678.50 SUPPLIES 5015A 06/15/2015 245.00 Vendor FISCHER BROS FRESH Total: 923.50 REFUND RET PERSONNEL INV0000449 06/15/2015 143.34 Vendor FIVE STAR PALLETS INC Total: 143.34 MONTHLY MAINT FEES RADIOS 912294 04/30/2015 529.75 M 912294A 06/15/2015 529.75 MONTH 912364 04/30/2015 1,059.50 Vendor FOX VALLEY FIRE & SAFETY Total: 2,119.00 MATERIALS 49120 06/15/2015 207.70 SUPPLIES 49138 06/15/2015 677.50 MATERIALS 49204 06/15/2015 156.00 Vendor FOXCROFT MEADOWS INC Total: 1,041.20 KNOX PARK SIGN 2015181 06/15/2015 26.00 Vendor FRY, ROBERT J Total: 26.00 SUPPLIES 166261 06/15/2015 519.00 SUPPLIES 166337 06/15/2015 256.00 Vendor G & E GREENHOUSES INC Total: 775.00 NOTARY BOND 1344925 06/15/2015 29.00 Vendor GALLAGHER RISK MANAGEMENT SERVICES INC, Total: 29.00 EMPLOYEE UNIFORM 003503906 06/15/2015 65.90 EMPLOYEE UNIFORM ALLOW 003518298 06/15/2015 155.98 SUPPLIES 5118570 06/15/2015 78.91 Vendor GALLS LLC Total: 300.79 SUPPLIES 275354 06/15/2015 126.80 Vendor GEMINI COMPUTERS Total: 126.80 MATERIALS 31371 06/15/2015 372.84 MATERIALS 31393 06/15/2015 307.32 MATERIALS 31417 06/30/2015 479.96 MATERIALS 31469 06/15/2015 203.19 MATERIALS 31480 06/15/2015 202.37 MATERIALS 31512 06/15/2015 263.13 6/10/2015 2:52:51 PM Page 5 Expense Approval Register Packet: APPKT00081- MATERIALS Vendor Name Account Number Description (Item) Payable Number Post Date Amount GESKE AND SONS INC 100-33-6110 MATERIALS 31529 06/15/2015 233.48 Vendor GESKE AND SONS INC Total: 2,062.29 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 SUPPLIES 289795 06/15/2015 261.55 Vendor GOLD MEDAL PRODUCTS Total: 261.55 Vendor: GRAINGER GRAINGER 510-32-6110 SUPPLIES 801653494 06/15/2015 89.56 Vendor GRAINGER Total: 89.56 Vendor: GROWER EQUIPMENT & SUPPLY GROWER EQUIPMENT & 100-45-6270 CONCRETE SAW 57888 06/15/2015 1,175.96 Vendor GROWER EQUIPMENT & SUPPLY Total: 1,175.96 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6110 SUPPLIES 00468930 06/15/2015 52.87 Vendor HALOGEN SUPPLY COMPANYTotal: 52.87 Vendor: HARM'S FARM HARM'S FARM 100-01-4220 LANKMARK COMMISSION 22245 06/15/2015 57.24 HARM'S FARM 100-45-6110 SUPPLIES 22260 06/15/2015 51.89 HARM'S FARM 100-45-6110 SUPPLIES 22262 06/15/2015 55.30 Vendor HARM'S FARM Total: 164.43 Vendor: HAWKINS INC HAWKINS INC 510-32-6110 SUPPLIES 3732546RI 06/15/2015 2,363.25 Vendor HAWKINS INC Total: 2,363.25 Vendor: HRGREEN HRGREEN 440-00-8600 KNOX DRIVE 2-98386 06/15/2015 9,919.20 HRGREEN 740-00-5220 VA CLINIC 98316 06/15/2015 421.75 HRGREEN 740-00-5220 PATRIOT ESTATES 2014 98317 06/15/2015 2,425.75 HRGREEN 740-00-5220 WHITE OAKS REVIEW 98318 06/15/2015 241.50 HRGREEN 740-00-5220 RETAINED PERSONNEL 98319 06/15/2015 2,727.25 Vendor HRGREEN Total: 15,735.45 Vendor: HUFFMAN, WILLIAM W HUFFMAN, WILLIAM W 100-41-6950 FORESTRY - TREES 5/25/15 06/15/2015 4,430.00 Vendor HUFFMAN, WILLIAM W Total: 4,430.00 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 510-35-5370 VEHICLE REPAIRS 301111 06/15/2015 310.89 HYDRAULIC SERVICES AND 100-33-5370 VEHICLE REPAIRS 301134 06/15/2015 313.00 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total: 623.89 Vendor: ILLINOIS CITY/COUNTY MANAGEMENT ASSOC ILLINOIS CITY/COUNTY 100-01-5410 2015 MEMBERSHIP-HOBSON INV0000422 06/15/2015 180.25 Vendor ILLINOIS CITY/COUNTY MANAGEMENT ASSOC Total: 180.25 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 MONTHLY MEETING INV0000421 06/15/2015 75.00 Vendor ILLINOIS FBI NA Total: 75.00 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 510-32-5110 MONTHLY SERVICE 15919 06/15/2015 8,000.00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 8,000.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97986505 06/15/2015 125.00 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 98023644 06/15/2015 138.54 Vendor INTERSTATE BILLING SERVICE INC Total: 263.54 Vendor: IRISH PRAIRIE RECREATIONAL CENTER IRISH PRAIRIE RECREATIONAL 100-47-5110 POOL RENTAL INV0000423 06/15/2015 525.00 Vendor IRISH PRAIRIE RECREATIONAL CENTER Total: 525.00 Vendor: IRWA IRWA 510-31-5410 MACE -MEMBERSHIP DUES 17895 06/15/2015 49.00 IRWA 510-31-5410 PALMER-MEMBERSHIP DUES 17926 06/15/2015 49.00 6/10/2015 2:52:51 PM Page 6 Expense Approval Register Packet: APPKT00081- SCHEEL MEMBERSHIP DUES 7/1/15-6/30/16 Vendor Name Account Number Description (Item) Payable Number Post Date Amount IRWA 510-31-5410 SCHEEL MEMBERSHIP DUES 17944 06/15/2015 49.00 IRWA 100-30-5410 SCHMITT MEMBERSHIHP 17945 06/15/2015 49.00 IRWA 510-35-5410 WIRCH-MEMBERSHIP DUES 17986 06/15/2015 49.00 Vendor IRWA Total: 245.00 Vendor: J G UNIFORMS INC 1 G UNIFORMS INC 100-22-4510 EMPLOYEE UNIFORM ALLOW 36871 06/15/2015 246.70 1 G UNIFORMS INC 100-22-4510 EMPLOYEE UNIFORM ALLOW 36872 06/15/2015 84.89 J G UNIFORMS INC 100-22-4510 EMPLOYEE UNIFORM ALLOW 37192 06/15/2015 51.95 Vendor J G UNIFORMS INC Total: 383.54 Vendor: JENSEN'S PLUMBING & HEATING JENSEN'S PLUMBING & 100-42-5110 BOILER REPAIRS 91844 06/15/2015 357.50 Vendor JENSEN'S PLUMBING & HEATING Total: 357.50 Vendor: JOHNSON, SEAN JOHNSON, SEAN 100-2200 REIMB JURY DUTY MILEAGE INV0000450 06/15/2015 2.80 Vendor JOHNSON, SEAN Total: 2.80 Vendor: KEMP, NANCY KEMP, NANCY 510-31-3610 REIMB O/P WATER/SEWER INV0000424 06/15/2015 48.38 KEMP, NANCY 510-32-3610 REIMB O/P WATER/SEWER INV0000424 06/15/2015 48.39 Vendor KEMP, NANCY Total: 96.77 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 510-32-5375 EQUIPMT REPAIRS 4211566 06/15/2015 229.29 KIMBALL MIDWEST 100-33-5370 VEHICLE REPAIRS 4224757 06/15/2015 189.38 Vendor KIMBALL MIDWEST Total: 418.67 Vendor: KOMLINE-SANDERSON ENGINEERING CORP KOMLINE-SANDERSON 510-32-5380 REPAIRS 42027041 06/15/2015 1,563.29 Vendor KOMLINE-SANDERSON ENGINEERING CORP Total: 1,563.29 Vendor: KOPP, MONIQUE KOPP, MONIQUE 100-41-3636 PARKS PROGRAM REFUND 124885 06/15/2015 65.00 Vendor KOPP, MONIQUE Total: 65.00 Vendor: LANDA, HECTOR LANDA, HECTOR 100-41-3635 PARKS PROGRAM REFUND 124825 06/15/2015 55.00 Vendor LANDA, HECTOR Total: 55.00 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 100-04-6945 15/16 SALES TAX INCENTIVE INV0000425 06/15/2015 100,000.00 Vendor LANG AUTO GROUP, GARY Total: 100,000.00 Vendor: LASCO, DONALD LASCO, DONALD 100-41-3636 PARKS PROGRAM REFUND 124845 06/15/2015 130.00 Vendor LASCO, DONALD Total: 130.00 Vendor: LEACH ENTERPRISES INC LEACH ENTERPRISES INC 100-33-5370 VEHICLE REPAIRS 868854 06/15/2015 18.86 Vendor LEACH ENTERPRISES INC Total: 18.86 Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 PHONE SEARCH -MAY 2015 1236674-20150531 06/15/2015 138.00 Vendor LEXISNEXIS Total: 138.00 Vendor: MARK'S PLUMBING PARTS MARK'S PLUMBING PARTS 100-22-3537 REFUND IMPOUND FEE INV0000426 06/15/2015 500.00 MARK'S PLUMBING PARTS 100-45-6110 SUPPLIES INV001422767 06/15/2015 488.51 Vendor MARK'S PLUMBING PARTS Total: 988.51 Vendor: MARQUEZ-RAIGOSA, ISRAEL MARQUEZ-RAIGOSA, ISRAEL 100-22-3537 REFUND IMPOUND FEE -NO INV0000455 06/15/2015 500.00 Vendor MARQUEZ-RAIGOSA, ISRAEL Total: 500.00 Vendor: MARTIN IMPLEMENT SALES INC MARTIN IMPLEMENT SALES 100-33-5370 VEHICLE REPAIRS 'U04909 06/15/2015 31.00 Vendor MARTIN IMPLEMENT SALES INC Total: 31.00 6/10/2015 2:52:51 PM Page 7 Expense Approval Register Vendor Name Account Number Vendor: MARTIN, DOUG MARTIN, DOUG 100-01-5420 Vendor: MCCAFFERTY, BRITTANY MCCAFFERTY, BRITTANY 100-46-5110 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 MCCANN INDUSTRIES INC 100-33-5370 MCCANN INDUSTRIES INC 100-33-6110 MCCANN INDUSTRIES INC 100-33-6110 Vendor: MCCORMICK, JENISE M MCCORMICK, JENISE M 100-47-5110 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY 740-00-3750 MCHENRY COMMUNITY 100-47-5110 Vendor: MCHENRY COUNTY COUNCIL OF GOVERNMENTS MCHENRY COUNTY COUNCIL 100-02-5410 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 100-01-6940 MCHENRY COUNTY RECORDER 510-31-6940 MCHENRY COUNTY RECORDER 510-32-6940 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-45-6110 MCHENRY POWER EQUIPMENT 100-45-6110 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 510-32-5375 Vendor: MEADE INC MEADE INC 100-33-6110 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 100-33-5115 METRO DOOR AND DOCK INC 100-33-5115 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 510-35-5110 Packet: APPKT00081- REIMB TRAVEL EXPENSES Description (Item) Payable Number Post Date Amount REIMB TRAVEL EXPENSES INV0000427 06/15/2015 54.86 Vendor MARTIN, DOUG Total: 54.86 PARKS & REC PROGRAM INV0000451 06/15/2015 444.00 Vendor MCCAFFERTY, BRITTANY Total: 444.00 SUPPLIES 11037476 06/15/2015 431.58 VEHICLE REPAIRS 11037479 06/15/2015 105.30 SUPPLIES 11037524 06/15/2015 670.80 SUPPLIES 11037541 06/15/2015 235.86 Vendor MCCANN INDUSTRIES INC Total: 1,443.54 PARKS & REC INSTRUCTOR 5/19/15-5/31/15 06/15/2015 195.00 Vendor MCCORMICK, JENISE M Total: 195.00 FLUORIDE & NITROGEN 317670 06/15/2015 45.00 SPECIAL METALS TESTING 317700 06/15/2015 125.00 SUPPLIES 317497 04/30/2015 315.00 SPECIAL METALS TESTING 317593 04/30/2015 125.00 SEMI ANNUAL TESTING 317594 04/30/2015 385.00 NITROGEN TESTING 317595 06/15/2015 60.00 NITROGEN TESTING 317596 06/15/2015 120.00 SUPPLIES 317701 06/15/2015 60.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 1,235.00 REFUND RETAIN PERSONNEL INV0000452 06/15/2015 617.50 RENT INV0000428 06/15/2015 10.50 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 628.00 ANNUAL MEMBERSHIP 15533 06/15/2015 82.00 Vendor MCHENRY COUNTY COUNCIL OF GOVERNMENTS Total: 82.00 MUNICIPAL SHARE MCRIDE 2-3 06/15/2015 3,027.50 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 3,027.50 RECORDING FEES 5/8/15-5/26/15 06/15/2015 329.00 RECORDING FEES 5/8-5/26/15 06/15/2015 160.00 RECORDING FEES 5/8-5/26/15 06/15/2015 240.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 729.00 SUPPLIES 139441 06/15/2015 112.76 SUPPLIES 140278 04/30/2015 8.56 Vendor MCHENRY POWER EQUIPMENT INC Total: 121.32 EQUIP REPAIRS 17999 06/15/2015 71.94 Vendor MCMASTER-CARR SUPPLY CO Total: 71.94 TRAFFIC SIGNALS 669474 06/15/2015 216.63 Vendor MEADE INC Total: 216.63 REPAIRS 50387 06/15/2015 278.50 REPAIRS SECTIONAL DOOR 50414 06/15/2015 1,500.00 Vendor METRO DOOR AND DOCK INC Total: 1,778.50 MATERIALS 705553654 06/15/2015 93.00 6/10/2015 2:52:51 PM Page 8 Expense Approval Register Vendor Name Account Number MEYER MATERIAL COMPANY 510-35-5110 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 510-35-6110 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-33-6110 MIDWEST HOSE AND FITTINGS 100-45-6110 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-01-4220 MINUTEMAN PRESS OF MCH 100-04-5330 MINUTEMAN PRESS OF MCH 100-00-6210 Vendor: MOORE, KEVIN MOORE, KEVIN 100-47-5110 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 100-22-5320 Vendor: MUELLER, JUDY MUELLER, JUDY 100-41-3636 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 MULCH CENTER, THE 100-45-6110 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-22-5370 NAPA AUTO PARTS MPEC 100-33-5370 NAPA AUTO PARTS MPEC 100-45-5370 NAPA AUTO PARTS MPEC 100-45-6110 NAPA AUTO PARTS MPEC 510-31-5370 NAPA AUTO PARTS MPEC 510-32-5370 NAPA AUTO PARTS MPEC 510-32-5380 NAPA AUTO PARTS MPEC 510-32-6110 Vendor: NATIONAL BUSINESS FURNITURE NATIONAL BUSINESS 100-30-6270 NATIONAL BUSINESS 100-33-6110 NATIONAL BUSINESS 510-32-6110 NATIONAL BUSINESS 510-32-6210 NATIONAL BUSINESS 510-35-6210 Vendor: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 510-32-6110 Vendor: NETT, JUDITH NETT, JUDITH 100-41-3636 Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC NORTH EAST MULTI -REGIONAL 100-22-5430 NORTH EAST MULTI -REGIONAL 100-22-6310 Description (Item) MATERIALS SUPPLIES SUPPLIES SUPPLIES Packet: APPKT00081- MATERIALS Payable Number Post Date Amount 705559253 06/15/2015 203.94 Vendor MEYER MATERIAL COMPANY Total: 296.94 163392W 06/15/2015 71.25 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 71.25 M 14077 06/15/2015 11.84 M 14155 06/15/2015 Vendor MIDWEST HOSE AND FITTINGS INC Total: PETERSEN FARM PRINTING 83916 06/15/2015 PRINTING NEW WATER BILL 83937 06/15/2015 SUPPLIES 83950 06/15/2015 167.88 761.45 Vendor MINUTEMAN PRESS OF MCH Total: 1,480.74 SOFTBALL UMPIRE FEES INV0000429 06/15/2015 51.00 Vendor MOORE, KEVIN Total: 51.00 STARCOM 21 NETWORK 180253312015 06/15/2015 2,146.00 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 2,146.00 PARKS PROGRAM REFUND 124882 06/15/2015 65.00 Vendor MUELLER, JUDY Total: 65.00 SUPPLIES 2838 06/15/2015 66.00 SUPPLIES 3131 06/15/2015 885.00 Vendor MULCH CENTER, THE Total: 951.00 SUPPLIES 5/1/15-5/29/15 06/15/2015 255.64 SUPPLIES 5/1/15-5/29/15 06/15/2015 1,997.68 SUPPLIES 5/1/15-5/29/15 06/15/2015 370.97 SUPPLIES 5/1/15-5/29/15 06/15/2015 99.80 SUPPLIES 5/1-5/29/15 06/15/2015 48.41 SUPPLIES 5/1-5/29/15 06/15/2015 47.10 SUPPLIES 5/1-5/29/15 06/15/2015 265.07 SUPPLIES 5/1-5/29/15 06/15/2015 15.60 Vendor NAPA AUTO PARTS MPEC Total: 3,100.27 SUPPLIES ZJ882984-LES 06/15/2015 227.22 SUPPLIES ZJ882984-LES 06/15/2015 227.22 SUPPLIES ZJ882984-LES1 06/15/2015 227.22 SUPPLIES ZJ882984-LES1 06/15/2015 227.22 SUPPLIES ZJ882984-LES1 06/15/2015 227.22 Vendor NATIONAL BUSINESS FURNITURE Total: 1,136.10 SUPPLIES 355572 06/15/2015 526.99 Vendor NCL OF WISCONSIN INC Total: 526.99 PARKS PROGRAM REFUND 124957 06/15/2015 130.00 Vendor NETT, JUDITH Total: 130.00 TRAINING 195819 06/15/2015 100.00 K9 TRAINING 1990 04/30/2015 100.00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INC Total: 200.00 6/10/2015 2:52:51 PM Page 9 Expense Approval Register Vendor Name Account Number Vendor: NORTHERN TOOL & EQUIPMENT NORTHERN TOOL & 510-32-6110 Vendor: NYHUS, BARBARA NYHUS, BARBARA 100-41-3636 Vendor: OLDCASTLE ARCHITECTURAL OLDCASTLE ARCHITECTURAL 100-33-6110 Vendor: PETERSON, DWAYNE PETERSON, DWAYNE 100-47-5110 Vendor: PETERSON, NANCY PETERSON, NANCY 100-41-3636 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-03-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 100-03-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 100-22-6250 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 Vendor: PIECZYNSKI, LINDA S PIECZYNSKI, LINDA S 100-22-5430 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 100-45-5110 Vendor: PITNEY BOWES INC PITNEY BOWES INC 100-01-5310 PITNEY BOWES INC 100-02-5310 PITNEY BOWES INC 100-03-5310 PITNEY BOWES INC 100-04-5310 PITNEY BOWES INC 100-22-5310 PITNEY BOWES INC 100-30-5310 PITNEY BOWES INC 100-41-5310 PITNEY BOWES INC 510-31-5310 PITNEY BOWES INC 510-32-5310 Vendor: PORTER LEE CORPORATION PORTER LEE CORPORATION 100-22-6210 Description (Item) Payable Numbe SUPPLIES 33040791 PARKS PROGRAM REFUND 124883 SUPPLIES 670023968 SOFTBALL UMPIRE FEES 5/18/15-6/5/15 PARKS PROGRAM REFUND 124895 VEHICLE FUEL 9636845 VEHICLE FUEL 2207743 VEHICLE FUEL 2208294 VEHICLE FUEL 2208295 VEHICLE FUEL 9631283 VEHICLE FUEL 9631284 VEHICLE FUEL 9631285 VEHICLE FUEL 9631285 VEHICLE FUEL 9631287 VEHICLE FUEL 9631288 VEHICLE FUEL 9634724 VEHICLE FUEL 9634737 VEHICLE FUEL 9634740 VEHICLE FUEL 9634742 VEHICLE FUEL 9636844 VEHICLE FUEL 9636846 EMPLOYEE UNIFORM ALLOW 33266 EMPLOYEE UNIFORM ALLOW 33267 TRAINING NEWSLETTER 6418 PORTABLE TOILET RENTAL 5/1- 11546 Packet: APPKT00081- SUPPLIES r Post Date 06/15/2015 Vendor NORTHERN TOOL & EQUIPMENT Total: 06/15/2015 Vendor NYHUS, BARBARA Total: 06/15/2015 Vendor OLDCASTLE ARCHITECTURAL Total: 06/15/2015 Vendor PETERSON, DWAYNE Total: 06/15/2015 Vendor PETERSON, NANCY Total: 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 06/15/2015 Vendor PETROLIANCE LLC Total: 06/15/2015 06/15/2015 Vendor PETTIBONE & CO, P F Total: 06/15/2015 Vendor PIECZYNSKI, LINDA S Total: 06/15/2015 Vendor PITEL SEPTIC INC Total: POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15A 06/15/2015 POSTAGE MACHINE RENTAL 7/1/15-9/30/15A 06/15/2015 Vendor PITNEY BOWES INC Total: SUPPLIES 15809 06/15/2015 Vendor PORTER LEE CORPORATION Total: Amount 260.88 260.88 1,078.20 1,078.20 138.00 138.00 85.55 2,391.98 525.87 300.30 135.48 297.08 126.71 115.32 689.45 2,254.52 34.29 112.16 454.62 2,661.59 467.47 54.00 52.00 106.00 150.00 150.00 750.00 750.00 28.33 28.33 28.33 28.34 28.33 28.33 28.34 28.33 139.00 139.00 6/10/2015 2:52:51 PM Expense Approval Register Packet: APPKT00081 - REFUND RETAIN PERSONNEL ACCT 12080 Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: PRINCIPIO AUTO GROUP PRINCIPIO AUTO GROUP 740-00-3750 REFUND RETAIN PERSONNEL INV0000453 06/15/2015 143.33 PRINCIPIO AUTO GROUP 100-00-3410 TEMP USE REFUND -PERMIT 15- INV0000454 06/15/2015 100.00 Vendor PRINCIPIO AUTO GROUP Total: 243.33 Vendor: PRO -TUFF DECALS PRO -TUFF DECALS 100-41-6110 SUPPLIES INV015010699 06/15/2015 450.00 Vendor PRO -TUFF DECALS Total: 450.00 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 510-32-5370 VEHICLE REPAIRS 38197 06/15/2015 260.00 QUALITY TIRE SERVICE 100-33-5370 VEHICLE REPAIRS 38198 06/15/2015 87.20 QUALITY TIRE SERVICE 100-33-5370 VEHICLE REPAIRS 38252 06/15/2015 60.00 QUALITY TIRE SERVICE 100-01-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 3.82 QUALITY TIRE SERVICE 100-02-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 2.86 QUALITY TIRE SERVICE 100-03-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 45.45 QUALITY TIRE SERVICE 100-04-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 387.19 QUALITY TIRE SERVICE 100-22-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 70.80 QUALITY TIRE SERVICE 100-41-5310 MAILING MACHINE POSTAGE 19170 06/15/2015 56.16 QUALITY TIRE SERVICE 100-33-5370 VEHICLE REPAIRS 38193 06/15/2015 87.20 QUALITY TIRE SERVICE 510-31-5310 MAILING MACHINE POSTAGE INV0000430 06/15/2015 19.20 Vendor QUALITY TIRE SERVICE Total: 1,079.88 Vendor: QUILL CORPORATION QUILL CORPORATION 100-41-6210 SUPPLIES 12935 06/15/2015 113.99 QUILL CORPORATION 100-01-6210 SUPPLIES 12955 06/15/2015 19.99 Vendor QUILL CORPORATION Total: 133.98 Vendor: RADICOM INC RADICOM INC 100-22-8300 DISPATCH EQUIPMT 101204 06/15/2015 300.00 Vendor RADICOM INC Total: 300.00 Vendor: REISHUS, DEIRDRE REISHUS, DEIRDRE 100-47-5110 PARKS PROGRAM INSTRUCTOR 3/31/15-4/28/15 04/30/2015 96.88 REISHUS, DEIRDRE 100-47-5110 PARKS PROGRAM INSTRUCTOR 5/5/15-6/2/15 06/15/2015 286.75 Vendor REISHUS, DEIRDRE Total: 383.63 Vendor: REX AUTO BODY REX AUTO BODY 610-00-5980 REPAIRS 10767 04/30/2015 1,934.21 REX AUTO BODY 610-00-5980 VEHICLE REPAIRS -HAIL 19175 04/30/2015 18,271.05 Vendor REX AUTO BODY Total: 20,205.26 Vendor: RIVERSIDE BAKE SHOP RIVERSIDE BAKE SHOP 100-01-6940 MEETING SUPPLIES 110342 06/15/2015 33.01 Vendor RIVERSIDE BAKE SHOP Total: 33.01 Vendor: ROC CONSTRUCTION SUPPLY ROC CONSTRUCTION SUPPLY 100-33-6110 SUPPLIES 24246 06/15/2015 89.50 Vendor ROC CONSTRUCTION SUPPLY Total: 89.50 Vendor: SAFARI CHILDCARE SAFARI CHILDCARE 100-41-3636 SPONSORSHIP REFUND INV0000437 06/15/2015 300.00 Vendor SAFARI CHILDCARE Total: 300.00 Vendor: SAFELITE AUTOGLASS SAFELITE AUTOGLASS 100-22-5370 VEHICLE REPAIRS INV0000432 06/15/2015 340.89 Vendor SAFELITE AUTOGLASS Total: 340.89 Vendor: SAYERS SAYERS 620-00-5110 SAFEWORD-E TOKEN 6/4/15- 201403-15683 06/09/2015 1,190.00 Vendor SAYERS Total: 1,190.00 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 100-01-5110 QUARTERLY PEST CONTROL 39233 06/15/2015 87.00 SCHOPEN PEST SOLUTIONS INC 100-45-5110 QRTLY PEST CONTROL 38317 06/15/2015 90.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 177.00 6/10/2015 2:52:51 PM Page 11 Expense Approval Register Packet: APPKT00081- NOTARY COMMISSION-SCHMITT Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: SECRETARY OF STATE/INDEX DEPT SECRETARY OF STATE/INDEX 100-01-6940 NOTARY COMMISSION- INV0000433 06/15/2015 10.00 Vendor SECRETARY OF STATE/INDEX DEPTTotal: 10.00 Vendor: SECRETARY OF STATE SECRETARY OF STATE 100-01-6940 VEHICLE TITLE INV0000434 06/15/2015 95.00 SECRETARY OF STATE 100-01-6940 PLATE RENEWAL-PD INV0000435 06/15/2015 101.00 SECRETARY OF STATE 100-01-6940 PLATE RENEWAL-PD INV0000436 06/15/2015 101.00 Vendor SECRETARY OF STATE Total: 297.00 Vendor: SEXTON, ERIC M SEXTON, ERIC M 100-22-5440 TUITION REIMB CJAD325-DEA 06/15/2015 816.98 Vendor SEXTON, ERIC M Total: 816.98 Vendor: SHAW MEDIA SHAW MEDIA 100-01-5330 PUBLICATION 1070945 06/15/2015 229.50 Vendor SHAW MEDIA Total: 229.50 Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-01-5110 CONTRACTUAL SERVICES- W10300 06/15/2015 446.04 SHERMAN MECHANICAL INC 100-01-5110 CONDENSOR REPAIRS J000260 04/30/2015 13,500.00 Vendor SHERMAN MECHANICAL INC Total: 13,946.04 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100-22-6210 SUPPLIES 0208594-IN 06/15/2015 169.41 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 169.41 Vendor: SKUPIEN, CLARA SKUPIEN, CLARA 100-41-3636 PARKS PROGRAM REFUND 125029 06/15/2015 130.00 Vendor SKUPIEN, CLARA Total: 130.00 Vendor: ST PAULS EPISCOPAL CHURCH ST PAULS EPISCOPAL CHURCH 100-47-5110 JUNE 2015 RENT INV0000438 06/15/2015 113.30 Vendor ST PAULS EPISCOPAL CHURCH Total: 113.30 Vendor: STANS OFFICE TECHNOLOGIES STANS OFFICE TECHNOLOGIES 620-00-5110 INTERNET SERVICES -WEB 312802 06/15/2015 35.00 STANS OFFICE TECHNOLOGIES 620-00-5110 IT/NETWORK SERVICES 31280 06/15/2015 1,672.00 Vendor STANS OFFICE TECHNOLOGIES Total: 1,707.00 Vendor: STAPLES ADVANTAGE STAPLES ADVANTAGE 100-00-6210 SUPPLIES 8034548238 06/15/2015 -199.74 STAPLES ADVANTAGE 100-00-6210 SUPPLIES 8034548238 06/15/2015 233.59 STAPLES ADVANTAGE 100-04-6210 SUPPLIES 8034548238 06/15/2015 124.16 STAPLES ADVANTAGE 100-04-6210 SUPPLIES 8034548238 06/15/2015 63.38 STAPLES ADVANTAGE 100-22-6210 SUPPLIES 8034548238 06/15/2015 136.36 STAPLES ADVANTAGE 100-33-6210 SUPPLIES 8034548238 06/15/2015 15.48 Vendor STAPLES ADVANTAGE Total: 373.23 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 MATERIALS 321262 06/15/2015 102.93 Vendor THELEN MATERIALS LLC Total: 102.93 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 100-22-6310 SUPPLIES 17119 06/15/2015 300.49 Vendor TOPS IN DOG TRAINING CORP Total: 300.49 Vendor: TRIKHA, SHEEL K TRIKHA, SHEEL K 100-46-5110 PARKS PROGRAM INSTRUCTOR SPRING 2015 06/15/2015 2,219.00 Vendor TRIKHA, SHEEL K Total: 2,219.00 Vendor: TYLER TECHNOLOGIES TYLER TECHNOLOGIES 510-31-8300 FINANCE SOFTWARE 025-125357 06/15/2015 3,417.95 TYLER TECHNOLOGIES 510-32-8300 FINANCE SOFTWARE 025-125357 06/15/2015 3,417.95 TYLER TECHNOLOGIES 510-31-8300 FINANCE SOFTWARE 025-125358 06/15/2015 2,812.50 TYLER TECHNOLOGIES 510-32-8300 FINANCE SOFTWARE 025-125358 06/15/2015 2,812.50 TYLER TECHNOLOGIES 510-31-8300 FINANCE SOFTWARE 025-125693 06/15/2015 2,694.64 TYLER TECHNOLOGIES 510-32-8300 FINANCE SOFTWARE 025-125693 06/15/2015 2,694.65 TYLER TECHNOLOGIES 510-31-8300 FINANCE SOFTWARE 025-125775 06/15/2015 1,100.00 6/10/2015 2:52:51 PM Page 12 Expense Approval Register Vendor Name Account Number Description (Item) TYLER TECHNOLOGIES 510-32-8300 FINANCE SOFTWARE TYLER TECHNOLOGIES 510-31-5110 FINANCE SOFTWARE TYLER TECHNOLOGIES 510-32-5110 FINANCE SOFTWARE Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 SUPPLIES Vendor: UNITED LABORATORIES UNITED LABORATORIES 100-33-5370 SUPPLIES Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-22-5110 COPIER LEASE US BANK EQUIPMENT FINANCE 100-33-5110 COPIER LEASE-500-03 US BANK EQUIPMENT FINANCE 510-31-5110 COPIER LEASE-500-03 US BANK EQUIPMENT FINANCE 510-32-5110 COPIER LEASE-500-03 US BANK EQUIPMENT FINANCE 100-03-5110 COPIER LEASE-500-03 US BANK EQUIPMENT FINANCE 100-01-5110 COPIER LEASE-500-03 Vendor: USA BLUEBOOK USA BLUEBOOK 510-32-6110 SUPPLIES USA BLUEBOOK 510-32-6110 SUPPLIES Vendor: VALLEY VIEW ACRES VALLEY VIEW ACRES 100-47-5110 PARKS PROGRAM Vendor: VAN DEWEGE, CHRISTINE VAN DEWEGE, CHRISTINE 100-41-3637 PARKS PROGRAM REF Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL Vendor: WASTE MANAGEMENT WASTE MANAGEMENT 100-01-6110 REFUSE STICKERS Vendor: WATER SOLUTIONS UNLIMITED WATER SOLUTIONS UNLIMITED 510-31-6110 SUPPLIES Vendor: WILLOUGHBY, SUSAN WILLOUGHBY, SUSAN 100-41-3636 PARKS & REC REFUND Vendor: WORLD SECURITY & CONTROL INC WORLD SECURITY & CONTROL 100-33-5115 CONTRACTUAL SERVI Vendor: XYBIX SYSTEMS INC XYBIX SYSTEMS INC 100-22-6110 SUPPLIES Packet: APPKT00081- FINANCE SOFTWARE Payable Number Post Date Amount 025-125775 06/15/2015 1,100.00 025-126011 06/15/2015 60.00 025-126011 06/15/2015 60.00 Vendor TYLER TECHNOLOGIES Total: 20,170.19 12206 06/15/2015 349.90 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 349.90 INV120946 06/15/2015 228.52 Vendor UNITED LABORATORIES Total: 228.52 INV0000439 06/15/2015 225.00 61445 INV0000440 06/15/2015 97.34 61445 INV0000441 06/15/2015 97.33 61445 INV0000441 06/15/2015 97.33 02031 INV0000442 06/15/2015 135.00 89299 INV0000443 06/15/2015 311.00 Vendor US BANK EQUIPMENT FINANCE Total: 963.00 617815 04/30/2015 424.83 629523 04/30/2015 131.95 Vendor USA BLUEBOOK Total: 556.78 15614 06/15/2015 100.00 Vendor VALLEY VIEW ACRES Total: 100.00 UND 124717 06/15/2015 71.00 Vendor VAN DEWEGE, CHRISTINE Total: 71.00 0028937-2742-6 06/15/2015 8,719.89 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: 8,719.89 3198157-2013-5 06/15/2015 3,710.00 Vendor WASTE MANAGEMENT Total: 3,710.00 36822 06/15/2015 5,300.00 Vendor WATER SOLUTIONS UNLIMITED Total: 5,300.00 124846 06/15/2015 130.00 Vendor WILLOUGHBY, SUSAN Total: 130.00 CES-FIRE 26735 06/15/2015 295.00 Vendor WORLD SECURITY & CONTROL INC Total: 295.00 24240 06/15/2015 434.22 Vendor XYBIX SYSTEMS INC Total: 434.22 Grand Total: 385,809.87 6/10/2015 2:52:51 PM Page 13 Expense Approval Register Packet: APPKT00081- SUPPLIES Fund Summary Fund Expense Amount 100 - GENERAL FUND 221,855.15 225 -ALARM BOARD FUND 2,119.00 270 - MOTOR FUEL TAX FUND 19,275.80 290 - TI F FUND 28, 385.30 440 - CAPITAL IMPROVEMENTS FUND 9,919.20 510 - WATER/SEWER FUND 62,942.40 610 - RISK MANAGEMENT FUND 20,414.26 620 - INFORMATION TECHNOLOGY FUND 8,989.84 740 - RETAINED PERSONNEL ESCROW 6,887.92 760 - POLICE PENSION FUND 5,021.00 Grand Total: 385,809.87 Report Summary TIN N 117d FART �F TH6 FO]( R REGULAR AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: June 15t, 2015 Regular City Council meeting Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us RE: Authorization to enter into a intergovernmental agreement with the McHenry Township Fire Protection District for dispatch center service improvements. ATT: Intergovernmental agreement for the improvements of City dispatch center services between the City of McHenry and the McHenry Township Fire Protection District. Background: Currently the City of McHenry owns and operates a dispatch center that provides services to; McHenry Police, Johnsburg Police, McCullom Lake Police, McHenry Township Fire Protection District, Marengo Fire, Marengo Rescue and Union Fire. This center is a full service 24n center that currently operates with nine (9) full time dispatchers and a pool of part-time dispatcher to maintain two (2) working dispatch positions at all times. All current dispatchers are trained in police dispatching, Fire/ems dispatching and call taking. This workload is currently shared by all equally. Prior to 2009 the center operated with ten (10) full time dispatchers, which was reduced by attrition in an effort to reduce the fmancial burden of the City in tough economical times. Since 2009 the dispatch center has seen a steady growth of workload in the form of 911 calls, non -emergency calls, implementations of emergency medical dispatch protocols (EMD) and advancements in the fields overall. Analysis: Since 2011 the McHenry Police Department has been evaluating our center to ensure stability and potential growth. Between 2013 and 2015 the McHenry Police and the McHenry Township Fire Protection District (MTFPD) actively met as a team to further evaluate the needs of the McHenry area community. During this evaluation process both the McHenry Police Chief and the MTFPD Chief identified service to the community, safety and fiscal responsibilities as key points is developing a plan for the future. With such, the McHenry Police and the MTFPD agreed that a partnership between these two governmental agencies would benefit the McHenry community, its surrounding area and create a stable environment for emergency dispatch services. The plan for this partnership was presented to both the City Council (June 1, 2015) and the MTFPD Board (June 2, 2015). Both boards provided unanimous feedback to Chief Jones and Chief Huemann, and advised them to move forward with the partnership. As identified on June lst, the first phase of this partnership is the implementation of an intergovernmental agreement between the City of McHenry and the MTFPD. In this agreement the MTFPD agrees to pay an annual fee of $185,000 to the City of McHenry with an option of reducing this fee (as defined mine attached agreement) as the City expands and provides service to new agencies (phases two and three). With this fee, the City in turn agrees to: • Hire three (3) additional dispatchers bringing our minimum full time staffing level to twelve (12) dispatchers. • Create a designated fire dispatch seat • Allow the MTFPD to provide input on the expansion and growth of the physical dispatch center. • Develop an administrative oversight structure for the dispatch center that allows for equal decision making by McHenry Police and the MTFPD for the following tasks: o Policy development o Develop of best operational practices o Hiring of new dispatch center employees As we look to the future of emergency dispatching in Illinois and more importantly McHenry County, we see that this partnership with the MTFPD will help to create a stable dispatch center model that will meet our key objectives of service to the community, safety fiscal responsibility and growth. It is anticipated that this intergovernmental agreement will be considered by the McHenry Township Fire Protection District Board of Directors on June 18, 2015. If Council concurs, then it is recommended that a motion is considered to authorize the Mayor to sign and execute this new intergovernmental agreement between the City of McHenry and the McHenry Township Fire Protection District. INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENTS OF CITY DISPATCH CENTER SERVICES BETWEEN THE CITY OF MCHENRY AND THE MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT This Agreement ("Agreement") is entered into on the dates referenced below, by and between the City of McHenry ("City" or "McHenry") and the McHenry Township Fire Protection District ("MTFPD"), collectively ("Parties"). 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 has approved execution of this Agreement by ordinance pursuant to the City's home rule powers and functions as granted in the Constitution of the State of Illinois and the City has waived any appropriation restriction which may relate to this Agreement; WHEREAS, the MTFPD is an Illinois fire protection district and local government organized and existing under the laws of the State of Illinois; WHEREAS, the Parties are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the "Intergovernmental Cooperation Act" (5 ILCS 220/3); WHEREAS, the City currently operates a Police and Fire Dispatch center consisting of nine (9) full time dispatchers, none of which have full time designated person with primary responsibility for firefighter/EMS dispatching; WHEREAS, the City currently has dispatch service agreements for six (6) local governments, to wit: MTFPD, Johnsburg Police Department, McCullom Lake Police Department, Marengo Fire Department, Marengo Rescue Squad and Union Fire Department ("Existing Dispatch Service IGAs"). WHEREAS, the Parties are presently parties to an intergovernmental agreement to provide for firefighter and EMS dispatch services ("Existing Dispatch Service Agreement") and nothing in this Agreement shall be construed to amend, cancel or otherwise affect any terms of the Existing Dispatch Service Agreement; WHEREAS, the Parties have determined through their respective governing bodies that it is in their respective best interests to enter into this Agreement to jointly develop a program to effectiveIy deal with anticipated growth and provide for a full time designated dispatcher to handle firefighter/EMS dispatching needs: NOW THEREFORE in consideration of the premises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. Purpose of Agreement. This Agreement is intended to fulfill the following needs of both Parties: A. Preparation for future population growth; B. Improvement of the overall efficiency and effectiveness of police and fire ice diOF atch operations for the area servd by the City Dispatch Center, including the establishment of a fulltime designated dispatcher to handle firefighter/EMS dispatching needs; C. Maintain long term stability of the McHenry Dispatch Center, 2. Contribution by the MTFPD. During the term of this Agreement, the MTFPD shall pay to McHenry, an annual fee of $185,000 ("Annual Program Fee"), which fee shall be in addition to any fee(s) due with regard to the Existing Dispatch Service Agreement. This Annual Program Fee will be increased based on the consumer price index ("CPI"). The CPI adjustment shall be calculated using the annual average change as published by the United States Department of Labor's Bureau of Labor Statistics, All Items Consumer Price Index for Urban Consumers for Chicago, Illinois. The Annual Program Fee shall be paid in single annual installments during the month of May each year, except for year one (1) of this Agreement, which will be paid in July 2015. 3. New Dispatch Contract Fee Sharing. The Parties agree to share future new dispatch service contract fees in order to help reduce the Annual Program Fee obligation of the MTFPD. During the term of this Agreement, the City shall annually provide a credit to the MTFPD Annual Program Fee equal to twenty percent (20%) of all new dispatch contract amounts payable to the City, including each renewal year thereafter ("Contract Fee Sharing Obligation"). Provided, however, this credit shall not include renewal of the Existing Dispatch Service IGAs and at no time shall the Contract Fee Sharing Obligation of the City exceed the Annual Program Fee contributed by MTFPD. 4. Obligation of the Parties. The Parties shall: A. Develop an administrative oversight structure ("Oversight Structure") that provides for an equal and collaborative discussion of implementation of the needs referenced above between the City and the MTFPD; B. Develop Program policies and procedures that: l . Define best operational practices; 2. Provide for oversight of the hiring process of new employees including new membership selection and structure; and 3. Provide direction on expansion and growth of the physical dispatch center. C. The Oversight Structure will consist of and be equally voted upon by the City Police Chief and the MTFPD Chief, or their respective designees ("Oversight Structure Members"). 2 D. In the event of a tie or disagreement by the Oversight Structure Members the City and MTFPD shall each appoint an ad hoc committee of their respective Council and Board to resolve the disagreement or tie vote. E. Provide a full time fire/rescue dispatch position that will be maintained at the McHenry Dispatch Center 100% of the time during the term of this Agreement and as further provided in Section 5 herein. 5. Action by the City. The City is authorized to take the following action with specific direction by the Oversight Structure Members: A. Hire three (3) additional McHenry Dispatch Center dispatchers to allow for future population growth and a designated fulltime fire/rescue dispatch position within the McHenry Dispatch Center. B. Maintain a minimum of twelve (12) full time dispatcher positions. With the current twelve (12) hour work schedule, this will provide for daily staffing of three (3) telecommunicators, prior to benefit time. 6. Employee Control. MTFPD employees and supervising personnel have no control or responsibility over the City Dispatch Center employees and City dispatchers and on -duty supervisory personnel have no control or responsibility over MTFPD firefighters or EMS personnel. 7. Term of Agreement. This Agreement shall commence upon full execution by the Parties and may be terminated, for any reason or no reason at all, upon a minimum of one (1) year's written notice to the non -terminating party. 8. No Agency Created. Only an independent contractor relationship between the Parties hereto is created by this Agreement and neither party shall constitute an authorized agent of the other. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. This Agreement is separate from all other intergovernmental agreements between McHenry and the MTFPD, and may not be changed, modified or discharged except by written amendment duly executed by the parties. 10. Assignment Prohibited. No party hereto shall assign this Agreement or the rights and duties hereunder. 11. Notices. All notices given or required under this Agreement shall be in writing and sent by certified mail to City Administrator or the MTFPD Fire Chief, respectively. 12. No Personal Liability. No Official, director, officer, agent or employee of the MTFPD and or/or City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. Dated this day of June, 2015. McHenry Township Fire Protection District By. Board President 0 City of McHenry Susan E. Low, Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 15, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow a tavern with live entertainment at 4005 Kane Avenue Unit Land a Variance from the off-street parking and loading requirements for ReMax Plaza located at the southwest corner of Kane Avenue and Front Street (Illinois Route 31) 1. Location Map 2. Photographs of the Subject Property 3. Photographs of Lucky Poker Tavern and surrounding property located in Belvidere, IL 4. Planning and Zoning Commission Minutes dated April 15, 2015 5. Ordinance approving a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue Unit L 6. Ordinance approving a variance from the off-street parking and loading requirements for ReMax Plaza located at the southwest corner of Kane Avenue and Front Street (Illinois Route 31) 7. Statement of support received April 15, 2015 from Dr. Mary Bishop 8. Application Packet BACKGROUND: The subject property consists of 19,133 square feet of office, retail and commercial space, ReMax Plaza Shopping Center. It was constructed in 1986 and contains retail, restaurant, office and service -oriented uses. The applicant is requesting a conditional use permit to allow a tavern with live entertainment in Unit L, formerly occupied by Harrison Chiropractic Center, and a variance from the off-street parking and loading requirements for the entire ReMax Plaza Shopping Center to accommodate 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us the tavern use, as well as a proposed Mexican Restaurant in Unit G, formerly occupied by Tony V's, Angie's and Domino's Pizza. ANALYSIS: The property is currently zoned C-5 Highway Commercial District and is surrounded by commercial and service uses to the north and east, multi -family residential to the west, north and south and vacant land to the south. Conditional Use Permit Staff believes the proposed tavern use with live entertainment is an appropriate land use for the subject property. The shopping center contains a mixture of retail, restaurant and service - oriented land uses and the proposed tavern will provide an additional element to complement the existing uses. The operator of the proposed tavern currently has a facility, Lucky Poker, similar to the one being proposed at ReMax Plaza. I visited his business at his request and have attached photographs of the interior and exterior of his tavern in Belvidere, Illinois. There are many similarities between the location in Belvidere and the one proposed at ReMax Plaza. Surrounding land uses in Belvidere include a laundromat, fueling station and restaurant. The interior of the tavern includes a small table, a physical bar counter, a sofa/couch, a couple of television sets and video gaming terminals. I noticed there was a great deal of attention paid to detail inside the tavern including granite countertops surfacing the bar and the restroom is atypical for this type of use (photographs attached). The tavern proposed at ReMax Plaza will include many craft beer brands on -tap, however there will be no food prepared on -site. The operator may occasionally host light entertainment, such as music, and would like the option to do so. They are also planning on installing video gaming terminals. As previously stated, ReMax Plaza has a diverse business mix with varying hours and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. Parking Variance ReMax Plaza currently has 67 parking spaces including three handicapped accessible spaces. In accordance with the City's zoning ordinance the ReMax Plaza is classified as a shopping center, therefore the following regulations are applicable: PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 for these individual uses and shall be added to the number of spaces required under the provisions for shopping centers for the balance of the uses in the center. ReMax Plaza, excluding Subway, the proposed Mexican restaurant and the proposed tavern, requires 4 spaces/1,000 square feet of net floor area (14,933 gross square feet) (51 spaces) plus 25 spaces/1,000 square feet of net floor area for the Subway Restaurant (1,500 gross square feet/32 spaces) and proposed Mexican Restaurant (1,200 gross square feet/26 spaces) and 10 spaces/1,000 square feet for the proposed tavern (1,500 gross square feet/13 spaces). A total of 122 parking spaces are required by ordinance for the existing and proposed uses, therefore a variance of 55 parking spaces is being requested. The building on the subject property was constructed in 1986, and at that time the zoning ordinance required 20 parking spaces/1,000 square feet of net floor area for all restaurant uses. In 2006 staff classified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. The existing Subway Restaurant and proposed Mexican Restaurant fall into the eat in/no drive in restaurant category (25 parking spaces/1,000 square feet of net floor area) and between these two uses 58 parking spaces are required. Existing land uses and hours of operation for the uses located in ReMax Plaza are: Subway Restaurant: M-F (8:00 a.m.-9:30 p.m.) and Saturday and Sunday (9:00 a.m.-9:00 p.m.) Salon Centric: M (8:00 a.m.-7:00 p.m.); T (8:00 a.m.-6:00 p.m.); W (8:00 a.m.-7:00 p.m.); Th. and F (8:00 a.m.-6:00 p.m.); Sat. (8:00 a.m.4:00 p.m.) Water Tower Hairport: M-Th (9:00 a.m.-7:00 p.m.); F (9:00 a.m.-5:00 p.m.); Sat. (8:00 a.m.- 4:00 p.m.) Animal Hospital of McHenry: M, T, Th. and F (9:00 a.m.-5:00 p.m.) and Sat. (8:30 a.m.42:00 ).m.) McHenry Optical: M (10:00 a.m.-6:00 p.m.); T (10:00 a.m.-5:00 p.m.); Th (10:00 a.m.-5:00 p.m.) and Sat. (9:00 a.m.-12:30 p.m.) B & B Jewelry and Pawn: M-F (10:00 a.m.-6:30 p.m.) and Sat. (10:00 a.m.-4:30 p.m.) Springleaf Financial: M-Th. (8:30 a.m.-5:30 p.m.) and F (8:00 a.m.-5:00 p.m.) ReMax Offices: M-F (9:00 a.m.-5:00 p.m.) Currently, only Subway Restaurant is open on Sunday and two of the existing uses are closed on Saturday and other than Subway all other existing uses are closed by 4:30 p.m. on Saturday. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Additionally, other than Subway all the current uses are closed by 7:00 p.m. Monday thru Sunday. The proposed restaurant and tavern will most likely have hours similar to Subway. The diverse land use mix allows for shared parking, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. Subway restaurant is 1,500 square feet and by ordinance requires 32 parking spaces. This is due to the type of restaurant it is: eat in/no drive in. Subway, however, is a quick service restaurant as opposed to an Applebee's, Chilis or Olive Garden which are also classified as eat in/no drive in. people who patronize these restaurants, however, are waited on and generally are in the restaurant for a longer period of time. Although Subway does not have a drive-in establishment many patrons will go to Subway and purchase food and eat off -site due to the nature of the restaurant. It should also be noted that Subway and the proposed Mexican Restaurant serve breakfast, lunch and dinner and are busier during these peak times. A couple of the other uses in the center close during the lunch hour and some employees at these other uses presumably will leave during these peak hours which are times when Subway and the proposed Mexican Restaurant will be busier. Staff does not have any concerns with the parking variance due to the aforementioned reasons. The subject property is landlocked and cannot expand their parking; the center was constructed 29 years ago and the City's zoning regulations for off-street parking have changed. The proposed Mexican restaurant is locating in a unit which has turned over tenants several times over the past several years due to lack of visibility and other factors, and the shopping center has a diverse mix of land uses which allows for shared parking which is not only common but encouraged to maintain the strength of a shopping center. Many people live in close proximity to the center and have the ability to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue (Unit L) and approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on -site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinances approving a tavern with live entertainment at 4005 Kane Avenue (Unit L) and an ordinance granting approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on -site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council be approved. NINE- " swat o KaD/ Location Map: ReMax Plaza Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us acsa� as roc oox Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PhotoEIraphs %J Lucky Poker Tavern and surroundinra property located in Belvidere, IL . ■ CART OF TYC FO% RKC0.1% E Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us OF qt Cie 11 IF Mot 1 i.. t i11C i C , Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 13 NCART OF TIIC F6% SAW taw JW I ram•- - , F � f�' dub low Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes April 15, 2015 Chairman Strach called the April 15, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Sobotta, Nadeau, Strach, and Thacker. Absent: Bromley, Vallez. Also in attendance were: Director of Economic Development Martin, City Attorney Kelly Cahill and Planning and Zoning Assistant Wolf. Public Hearing: Kathleen D. Schaid Living Trust File No. Z-859 4005 Kane Ave. Conditional Use Permit to allow a tavern with live entertainment (4005 Kane Ave. Unit Q and a Variance from the off-street parking and loading requi ff rements for ReMax Plaza Shopping Center Chairman Strach called the Public Hearing to order at 8:47 p.m. regarding File No Z- 859, an application for a conditional use permit to allow a tavern with live entertainment (4005 Kane Ave. Unit L) and a variance from the off-street parking and loading requirements for ReMax Plaza Shopping Center on the subject property as submitted by the Kathleen D. Schaid Living Trust. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 29, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Rob Schaid, 1919 Anthony Lane, Lakemoor, IL, who was sworn in by Chairman Strach. Mr. Schmid provided a summary of the request before the Commission at this Hearing stating he is present as the request of his parents to request a parking variance and conditional use permit for the property at the ReMax Plaza. 15 NEZRT os iR ax re-plyLAM Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a conditional use permit to allow a tavern with live entertainment in Unit L, formerly occupied by Harrison Chiropractic Center, and a variance from the off-street parking and loading requirements for the entire ReMax Plaza Shopping Center to accommodate the tavern use, as well as a proposed Mexican Restaurant in Unit G, formerly occupied by Tony Vs, Angie's and Domino's Pizza. The subject property consists of 19,133 square feet of office, retail and commercial space, ReMax Plaza Shopping Center. It was constructed in 1986 and contains a mixture of retail, restaurant, office and service -oriented uses. The property is currently zoned C-5 Highway Commercial District and is surrounded by commercial and service uses to the north and east, multi -family residential to the west, north and south and vacant land to the south. Staff believes the proposed tavern use with live entertainment is an appropriate land use for the subject property. The shopping center contains a mixture of retail, restaurant and service - oriented land uses and the proposed tavern will provide an additional element to complement the existing uses. The operator of the tavern currently has a facility, Lucky Poker, located in Belvidere, IL, which is similar to the one being proposed at ReMax Plaza, which Director of Economic Development Martin has visited. There are many similarities between the location in Belvidere and the one proposed at ReMax Plaza. Surrounding an uses in Belvidere include a Laundromat, fueling station and restaurant. The tavern will include many craft beer brands on -tap, however there will be no food prepared on -site. They may occasionally host light entertainment, such as music, and are planning on installing video gaming terminals. They do not intend to host major events. Director of Economic Development Martin stated the establishment in Belvidere is very respectable and Jean. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-5 zoning district. ReMax Plaza has a diverse business mix with varying hours and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Additionally regarding the parking variance, ReMax Plaza currently has 67 parking spaces including three handicapped accessible spaces. In accordance with the City's zoning ordinance the ReMax Plaza is classified as a shopping center and those parking regulations are applicable. ReMax Plaza, excluding Subway, the proposed Mexican restaurant and the proposed tavern, requires 4 spaces/1,000 square feet of net floor area (14,933 gross square feet) (51 spaces) plus 25 spaces/1,000 square feet of net floor area for the Subway Restaurant (1,500 gross square feet/32 spaces) and proposed Mexican Restaurant (1,200 gross square feet/26 spaces) and 10 spaces/1,000 square feet for the proposed tavern (1,500 gross square feet/13 spaces). A total of 122 parking spaces are required by ordinance for the existing and proposed uses, therefore a variance of 55 parking spaces is being requested. The building on the subject property was constructed in 1986, and at that time the zoning ordinance required 20 parking spaces/1,000 square feet of net floor area for all restaurant uses. In 2006 staff classified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. The existing Subway Restaurant and proposed Mexican Restaurant fall into the eat in/no drive in restaurant category (25 parking spaces/1,000 square feet of net floor area) and between these two uses 58 parking spaces are required. ReMax Plaza contains a diverse land use base with hours of operation which vary as well. Currently, only Subway Restaurant is open on Sunday and two of the existing uses are closed on Saturday and other than Subway all other existing uses are closed by 4:30 p.m. on Saturday. Additionally, other than Subway all the current uses are closed by 7:00 p.m. Monday thru Sunday. The proposed restaurant and tavern will most likely have hours similar to Subway. The diverse land use mix allows for shared parking, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. Subway restaurant is 1,500 square feet and by ordinance requires 32 parking spaces. This is due to the type of restaurant it is: eat in/no drive in. Subway, however, is a quick service restaurant as opposed to an Applebee's, Chili's or Olive Garden which are also classified as eat in/no drive in. People who patronize these restaurants, however, are waited on and generally are in the restaurant for a longer period of time. Although Subway does not have a drive-in establishment many patrons will go to Subway and purchase food and eat off -site due to the nature of the restaurant. Subway and the proposed Mexican Restaurant serve breakfast, lunch and dinner and are busier during these peak times. A couple of the other uses in the center close during the lunch hour and some employees at these other uses presumably will leave during these peak hours which 17 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us are times when Subway and the proposed Mexican Restaurant will be busier. Staff does not have any concerns with the parking variance due to the aforementioned reasons. The subject property is landlocked and cannot expand their parking; the center was constructed 29 years ago and the City's zoning regulations for off-street parking have changed. The proposed Mexican restaurant is locating in a unit which has turned over tenants several times over the past several years due to lack of visibility and other factors, and the shopping center has a diverse mix of land uses which allows for shared parking which is not only common but encouraged to maintain the strength of a shopping center. None of the circumstances creating the need for the requested variance was caused by or a direct result of any action taken by the applicant and denial of the requested variance would certainly create an undue hardship/burden on the property owner, resulting in two vacant units, and the requested variance, if granted will not alter the local character or adversely impact public, health, safety or welfare. Many people live in close proximity to the center and have the ability to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Both the conditional use permit and parking variance can be considered contemporaneously because a parking variance is required in order for the proposed tavern and/or for the Mexican Restaurant to be able to locate within the shopping center. Director of Economic Development Martin stated staff is recommending approval of a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue (Unit L) and approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on -site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council. Staff also finds all requirements in Tables 31 and 32 of the Zoning Ordinance have been satisfied. Director of Economic Development Martin read a statement of support received April 15, 2015, from Dr. Mary Bishop, owner of the animal hospital on the property. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked the owner of the tavern in Belvidere what will be served in the tavern. Mr. Kevin Olsen, 9111 Huber Rd., Belvidere, IL was sworn in by Chairman Strach. Mr. Huber stated high end spirits and craft beer will be served but no food. Commissioner Nadeau inquired how many patrons will typically be using the facility at any one time. Mr. Olsen stated 10-12 people would be on the high end of use. The establishment will be busier later in the evening beginning 9 or 10 pm and will be open normal business hours for Wei Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us a tavern which are allowable by City ordinance. They will not have music as a general rule but may have a juke box or a guitar or harmonica player. Chairman Strach opened the floor to questions and comments from the audience. Ms. Carmen Adams, 4007 W. Oak Ave., McHenry, IL was sworn in by Chairman Strach prior to addressing the Commission. She stated she has lived next door to the subject property for 35 years. Her main concern is the area behind and surrounding the Plaza is very dark and she requests more lighting be added to the Shopping Plaza in the rear for the safety of residents. She had a concern as to whether Oak Avenue would be widened or parking increased in the rear of the building. Director of Economic Development Martin stated that is not planned at this time and nothing similar is being requested indirect correlation with this proposal. Chairman Strach closed the public comment portion of the hearing at 9:05 p.m. Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z-859, an application for a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue (Unit L) and approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on -site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council, be granted, and that Tables 31 (Approval Criteria for Conditional Use Permits) and 32 (Approval Criteria for Variances) of the Zoning Ordinance have been met. Voting Aye: Doherty, Sobotta, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Vallez. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-859 at 9:06 p.m. Respectfully submitted, Dorothy M. Wolf, Planning &Zoning Assistant City of McHenry 19 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 15- ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN WITH LIVE ENTERTAINMENT AT 4005 KANE AVENUE UNIT L IN THE CITY OF MCHENRY, MCHENRY COUNTY, 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 passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by the Kathleen D. Schaid Living Trust, 4005 Kane Avenue McHenry, IL 60050 ("Owner") requesting a Conditional Use Permit to allow a tavern with live entertainment at 4005 Kane Avenue Unit L on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2015 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow a tavern with live entertainment at 4005 Kane Avenue Unit L with the condition that there be no on -site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 20 WTIN 7 H=RT OF T*C FOX Rry Ka Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: Wa WAIN ABSENT: NOT VOTING: 21 2015 Department of Community & Economic Development McHenry Municipal Center APPROVED THIS DAY OF , 2015 CITY CLERK 22 MAYOR 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • wT OF Ls c FOX b/ Exhibit A Legal Description of the Subject Property 23 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us . ■ I�.a, n�m� ORDINANCE NO 15- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE GRANTING A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AT REMAX PLAZA SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF KANE AVENUE AND FRONT STREET (ILLINOIS ROUTE 31) IN THE CITY OF MCHENRY, MCHENRY COUNTY, 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 passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by the Kathleen D. Schaid Living Trust, 4005 Kane Avenue McHenry, IL 60050 ("Owner") requesting a Variance from the off-street parking and loading requirements at ReMax Plaza Shopping Center on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2015 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Variance of fifty-five (55) spaces from the off-street parking and loading requirements. SECTION 2: In granting said Variance the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent 24 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 25 2015 Department of Community & Economic Development McHenry Municipal Center NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2015 CITY CLERK i� MAYOR 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us aT o • c Fx arvca✓ Exhibit A Legal Description of the Subject Property 27 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us April 1�, 2015 To Whom It May Concern: As owner of Animal Hospital of PJicHenry, located in the ReMax Plaza, I have no objection to locating a business in the Plaza that will sell alcoholic beverages and have gambling. Sincerely, Dr. Mary Bishop Maria Martinez — Patroons Mexican Maria Martinez on like to expand her business to McHenry. She currently has 2 restaurants now open! She owns Familia Mexican Restaurant in Lakemoor and Las Adelitas in Wauconda. They specialize in very traditional Mexican food all cooked and prepared in house. They use as many local products and produce as possible. Patroons Mexican will serve breakfast, lunch and dinner. For a great meal at a very affordable price, come see Maria at The Patroons Mexican Restaurant. Lucky Poker is designed to be an upscale Neighborhood Bar. We concentrate mainly on Craft Beer and Exotic spirits and we also carry a good assortment of every day spirits and beer for those who are not quite so adventurous. When you enter Lucky Poker, right away you feel the warm and inviting atmosphere. Whether it be to sit on the couch and watch a sporting event, at the bar to meet with someone, or to sit and play some video poker, we are sure you will enjoy your visit. What you will not find at Lucky Poker is a pool table or dart board. We are asked what our target crowd is, and the answer is anyone over 21 that is looking for a quiet place to relax and meet someone new. Our clientele currently consists of men and women from 21 to 75. Why? Because of the atmosphere, clean restrooms and the friendly service. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z459 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant Kathleen D. Schaid Living Trust Tel 815-377-7676 Address 4005 Kane Avenue Fax City McHenry State IL Zip 60050 Z. Name of Property Owner Same As Above Tel (If other than Applicant) Address Fax City State Zip 3. Name of Engineer None Tel (If represented) Address Fax City State Zip 4. Name of Attorney (If represented) Address Tel 5. Common Address or Location of Property 4005 Kane Avenue, McHenry, II, 60050 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit X Zoning Variance Other Zoning Variance —Minor Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property Shopping Center 8. Current Zoning Classation of Property, Including Variances or Conditional Uses C-5 Highway Business 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5/RM-2 Office/1VIF Residential South: C-5/RM-2 Office/Residential East: C-3/C-5 Dentist/Loan Place West: RM-2 Multi-Famil�partments 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950.00 X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application X 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties XI Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address;�and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described m this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(sl Print Name and Designation of Applicants) FORM A Page 3 of 3 FORM C File Number Z-859 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to ot�quest. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The new tenant will probablygenerate less traffic than the chiropractic office that vacated. ironmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The new tenant will not increase or create any adverse effects of noise, Aare, odor, dust, waste disposal, blockage of light or air. 3. Neihborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The new tenant will blend in harmoniously with the existing natural character of our surroundings. We have had several restaurant tenants. Kevin is a very low-key neighborhood business operator. FORM C Page l of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. Tenant will not require any increase in any communi1Yfacility. All existin6 %J facilities are than adequate for the new intended user. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. There is no detrimental effect to the safety or health of the employees, patrons, visitors, nor to the eg neral public from the proposed use. Kevin is a seasoned operator with a successful track record and is adding_ a McHenry location to their existins� business model. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The proposed use is in harmony with all other elements of compatibility to the conditional use in this location. We look forward to adding Kevin and his unique specialtv bar/operation to our center. FORM C Page 2 of 2 File Number "f Z®NING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street McHemy, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHeny Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Parlc>lig is limited by lot size/space. There are no expansion opport�,mities on the exist>11� site. 2. Circumstances Relate to Propel • On1X Since a variance will affect the character of its surroundings Long after a property changes Bands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and. they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. Property has been in existence since the 1970's., with no available land on the site to exuand parlchl�. Parking requirements have chanced since the inception a11d builduig of the subject shopping center. Proposed uses are complimentary to existing- uses , with a variety of business utilizing the shopping center. The diversity of the conduct of businesses utilizes parking at varying times of day, with adequate parking available. FORM D Page 1 of 4 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other parry with interest in the property. Variation request is not a result of any action of applicant, main, with building- in existence for manv years. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in umiecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. Without variance we are unable to fill 2 vacant spaces in an EXISTING SHOPPING CENTER. The shoppuig center has been in existence for many years, with parking requirements having changed over the years. We believe the variance is NOT detrimental to operation of existing or proposed uses with businesses within the center conducting operation/business at varying times of day. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve aild enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Variance does not confer special privilege upon applicant, again, with shopping center in operation for man�years and does not provide special privilege to the applicant denied to other properties in the district. FORM D Page 2 of 4 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Without the variance, the 3ho121!in6 center will be deprived of reasonable use. FORM D Page 3 of 4 T Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. Variance will not alter the essential character of the locality nor unpair environmental quality property values, or public safety or welfare in the vicinity. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The variance will be in harmony wit11 the general purpose and. intent of the Zoning Ordinance and Comprehensive plan of the City, as viewed in light of any changes conditions since their 9. Minuilum Variance Requu•ed The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variance requested in the minimum required to provide the applicant with reasonable use and er�oyn gent of the property. FORM D Page 4 of 4 1216E. Central Road Arlington Heights, IL."60005 Phone: 708-392-7600 Fax 708-3924719 9800 S. Roberts Road Palos Hills, IL 60465 Phone 7084304077 Fax: 708-598-0696 Legal Descripfien LOTS 72 8. 9, 10, I1,12. 13• AND 14 IN BLOCK 3 TB iffACOW LANE SURDIVISION, SUBDIVISIOH Op FART OF THE WEST RAT .P OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSUIP 45 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING tt THE PTAs THEREOF* RECORDED JULY 29/ 1947 AS DOCUMENT 203236P IN BOOK 10 Op-! PUTS, FACE 64. IN XCRERRY COUNTY, ILLINOIS. ' All distances shown' are in feel. A' . decimal parts thereof.. No angles or distances are to be determined by scaling. - Scale - (•I'2.0' - Job No. 3,42A3 Address d005 w w g3 Cary l as NN eet � 218 N, Co It336- 47 Waukegan, IL 60085 Phone: 708-336-2473 Fax . 708-336 2113 460S. County Farm Roy Wheaton, IL 60187 Avenue Phone: 708-690-3733 (Raco.d.J n. Ere Ai,iw,� _ Fa Fax f1ua�2 239.95 ^ 60 l 708-690-3735 - ANY OMISSIONS OR CHANGES ON THESE ' - _ PLANS MiIST HAVE THE APPROVAL Of THE APPROVING OFFICIAL PRIOR - TO INISTALL10M APPROVAL OF THESE G,< na a< _ PLANS DOzs NOT Sllr"sRCEDE ANY APPLICABLE ORDINANCES OR - - REGULATtONS Of THE CITY Of ❑ Fte�+.a r><r�, MCHENRY, ILLINOIS Oemn t;94+ sk as 45 `a V " i j/ ... u � .. Stair_ !`_20• NN 5o.m a nc• A-- ', 7nC STorV grit%. AJa. 400$ ILI --- 10 01 i� - - _, yet, s' 1•..L..,a. . - )Ypf . Ra.o.dY•r STATE OF ILLINOIS) /'tealu.e 239 11 . . --_ )S.s. COUNTY OF LAKE )- TO: Horan SrA� Linvr OF Cxvsrnt_ LaxE. tam Oa K St�cei l Tt2Us� L)eao s u x No. Hass - JIM SCHAtq - , TED ScllWEq� ON BEHALF OF MID AMERICA SURVEY COMPANY I HERE - By CERTIS'Y THAT THIS MAP OR PLAT' AND THE SURVEY ON _ WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH HIRIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACS NOTES: fv --- >AB'D TITLE SURVEYS," JOINTLY ESTABLISHED AHD ADOPTE BY ALTA AND AGSM IN 19921. AND PURSUANT �TO THE .ACCURACY STANDARDS ( AS ADOPTED BY ALTA AND ACSM CALLJULIE - _ - An IN EFFECT ON THE DATE OF THIS CERTIFICATION ) OF AN " URBAN " SURVEY. COPY$IGHT 1995 HID FJEIIICA SURVL_ C�'YFA;Y 800 892 0723 - - � - 48 HoUrS DATED AT WAUKEGA.Y• ILLINOIS- .1AIM111 Compara your description and sile msiRinos with inic rh, .,.... _. __ _ _ - - - � 1 _ cons : / / _I ta.pr+.c i Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDASUPPLEMENT TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: June 15, 2015 Regular City Council Meeting RE Request for Class A Liquor License from CL Quick Stop, Inc. d/b/a Lucky Poker, 4005 Kane Avenue, Unit L and Ordinance increasing number of Class A liquor licenses in effect from 24 to 25 ATT: Application Ordinance Cindy Le registered agent and President of CL Quick Stop, Inc. has submitted an application for a Class A liquor license authorizing the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. Ms. Le intends to open a tavern with video gaming called Lucky Poker located in the REMAX Shopping Center, 4005 Kane Avenue, Unit L. Ms. Le currently owns and operates two similar businesses with liquor licenses in Belvidere, IL and is conversant with the Illinois Liquor Control regulations. The applicant has met with Mayor Low and a background check was performed by McHenry Police with satisfactory results. All required paperwork has been submitted and all fees have been paid. Consideration of this request is based upon approval of tonight's agenda item 4411; conditional use permit to allow a tavern, and parking variance for the REMAX Plaza. The Council will be asked to make a motion regarding the applicant's request to 1) grant a Class A liquor license to CL Quick Stop, Inc. d/b/a Lucky Poker, 4005 Kane Avenue, Unit L as presented with the condition that all employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Traini alng, and, 2) if approve authorize the Mayor's execution of the attached Ordinance increasing the number of Class A liquor licenses from 24 to 25. License No Date Issued Date Effective NAME OF BUSINESS, ADDRESS &TELEPHONE #.: CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2015/2016 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE 0 1. Please indicate form of ownership: CORPORATION PARTNERSHIP 2 IF CORPORATION: Corporation Name: _ Corporate Address: Corporate Phone Number: State of Incorporation: _, 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: _ 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: 6. Applicant's Full Name: Date of Birth: Residence Address: 7. Home Phone: Business Phone: Fee Received i/ Date Received � L� /� Receipt Issued On � f`p ��� Check No. Cashier's Chk. Cert. Check Cash DIVIDUAL/SOLE PROP. �J 8. Citizen of U.S.? If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: 9. (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: �— �/5� ��� — � S � S /fit' �l/S SS/' � e '� � /J 2012 PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: 11 Principal Type of Business: C/�i7�� /�'CtY 12. What is current zoning for this property? 13. Type of License Sought: � �Ci S S /i 14. Date on which business was begun at this location: Place of Birth: Citizen of U.S.? 15. Does applicant own premises for which license is sought? 2%If not, state name and address of owner and attach copy of executed lease. � �r � � D. 5' t �N 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? s✓0 A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the busine s or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). vrt ���oz 19. Illinois State Liquor License Number. Attached copy of State Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: 0��2 — 73,�� 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: J�i� 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. �� 23. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. 24. Describe parking facilities available to the business: 25. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? Y� S 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? �.�3 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? ./1/af answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the Local manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors � �_ answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and t e local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanors If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place ofbusiness, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)?. ii � _ If so, please state name and address of such person: 2012 PAGE THREE 32. List your occupation or employment with addresses thereof for the past 10�)!ears (if partnership or corporation, list same information for each partner and the local manager — (please attach). � r 1 t �• �>�' 1;: � 33. Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? � If so, give all details: 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? a/ 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? l/ C� S 36. Have�you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license andlor the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquorsales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conductor excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers fo be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporation) Signature Title MANAGER: ^n'� ICIAL SE�`L LINDA R H sgA� oFK uNo►s NMY COMM SS o� E�►RES�.091261ti5 Signature of Local Manager Print Name Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this day of NOTARY PUBLIC ubscribed and�worn to before me this �" day of NOTARY Subscribed and sworn to before me this day of NOTARY PUBLIC 20 20 20 �S 20 2012 ORDINANCE NO, MC45- AN ORDINANCE Increasing number of Class A Liquor Licenses (Lucky Poker) 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 passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTYILLINOISas foll , 5ows: SECTION l: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "A" Liquor Licenses from 24 to 25. SECTION 3: 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 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5.: 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 155t day of June 2015. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: June 15, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: McCullom Lake Road Improvements Budget Amendment BACKGROUND: The McHenry County Council of Mayors awarded up to a maximum of $1,060,900 of Surface Transportation Program (STP) funds for McCullom Lake Road Improvements. STP funding will pay for up to 80% of the total cost of construction and Phase III engineering with a local match requirement of 20%. The city was responsible for 100% of the cost of Phase I and II Engineering. The McCullom Lake Road Improvements Project was on the April 24, 2015 Illinois Department of Transportation's (IDOT) letting and received a low bid of $1,290,394.81. The Engineers Opinion of Probable Cost (EOPC) for construction was $1,221,125.00. There were 178 projects on the April 24, 2015 IDOT letting; out of which 67 (37.6%) projects were above the IDOT approved EOPC. Of these, many were 20% or more over the estimates. The primary reason for these higher bids is due to the high volume of Illinois Tollway work resulting in inflated construction costs for more "minor" projects. City Council had previously approved a Professional Services Agreement with HR Green Inc. for Phase III Engineering in an amount not to exceed $129,826.66. In addition, the Public Highway At -grade Crossing Improvement Agreement between the Union Pacific Railroad and City of McHenry approved by City Council on February 2, 2015 states the city will reimburse the railroad for the upgrades to the track crossing estimated at $75,000. (20% city's portion is $15,000). The approved 2015/16 Capital Improvement Program includes $242,000 for the McCullom Lake Road Improvements Project with revenues from the Motor Fuel Tax Fund. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. ANALYSIS: In response to the high bid amount, the City Administrator, Public Works Director, Streets Superintendent and representatives from HR Green requested to be on the May 215t, 2015 McHenry County Council of Mayors meeting agenda for the purpose of requesting an increase in Surface Transportation Program (STP) Funding to cover the additional cost of the project. Despite sound reasoning, the McHenry County Council of Mayors denied the request due to council's existing methodology that acquiring additional STP funds after a project has been bid on an IDOT letting is not permitted. A requested variance to the council's methodology was also denied. In summary, the total cost of project is $1,495,221.47 which includes Phase III Engineering, construction and upgrades to the track crossing. The maximum STP funding for this project amount is $1,060,900 leaving the total outstanding amount of $434,321.47. As identified earlier, the FY15/16 CIP includes $242,000 of MFT funding for this project which reduces the outstanding balance to $192,321.47. At this time there is insufficient funding available through the MFT program to fund the outstanding balance and be prepared to fund other MFT projects. Therefore, the choice left for the City is to utilize General Fund Reserves for the $192,321.47 amount. As additional information, rebidding the project would most likely not result in a lower bid amount; would delay the project beyond this improvement year; and may result in the loss of the $1,060,900 in STP funds that are approved in this program year (i.e., there are projects in other municipalities ready for funding in the STP program). RECOMMENDATION: McCullom Lake Road is an important entranceway to McHenry as it serves not only the commercial areas along the Route 31/Richmond Road corridor, but also Petersen Farm and Petersen Park. As Council is probably aware, the current condition is extremely poor and it is one of the top streets that city staff receive resident and non-resident concerns about during the year. Delaying or choosing not to move forward with the McCullom Lake Road Project would result in continued and even more severe degradation of the roadway. General Fund Reserves are identified at $8,672,916 (beginning balance as of May 1, 2015). Of this amount, $3,733,992 represents 20% of the FY15/16 budgeted General Fund Expenditures amount of $18,669,959 (without Capital Projects) and, per existing City policy, represents the minimum level of General Fund Reserves to be maintained. Therefore, there is approximately $4,938,924 in General Fund Reserves available to be able to fund the $192,321.47 needed for the McCullom Lake Road Project. While the City must continue to take a conservative approach to utilizing General Fund Reserves due to the uncertainty of the State of Illinois' potential The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. budgetary impacts (LGDF reductions), the City Administration believes that it is appropriate to utilize General Fund Reserves to be able to move forward with this important project. Therefore, if Council concurs, it is recommended to approve a budget amendment in the amount of $192,321,47, from General Fund Reserves to the Capital Improvement Fund, for the McCullom lake Road Improvements Project. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: June 15, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Fieldstone Lift Station Rehabilitation Project ATT: HR Green Inc. Professional Services Agreement BACKGROUND: The Fieldstone Lift station was put into service in 1997; it is one of the deepest lift stations in the sanitary collection system. In February 2008 while removing a pump for routine maintenance the pump slipped off the hook and fell back to the bottom of the lift station. When the pump fell it damaged the base elbow which the pump attaches to. The lift station operated with one pump until a replacement could be obtained. An outside contractor was hired to set the replacement pump because of the depth of the lift station, the broken base elbow and the fact that the wastewater flow could not be stopped. The lift station uses guide wires instead of guide polls to keep the pump on track when it is being lifted out or set into place. The current guide wire system is not correctly centered in the lift station, as a result when trying to remove or set a pump, the pump detaches from the guide wire system. Rehabilitation of the lift station would consist of replacing the pumps; pump controls; guide rails; base elbows; discharge piping and a top hatch. The replacement pumps will be sized to handle additional wastewater flow as the Legend Lakes Subdivision is built out. ANALYSIS: The approved 2015/16 Capital Improvement Program includes $330,000 for the design/observation engineering and construction of the Fieldstone Lift Station Rehabilitation Project with funding from Water/Sewer revenues and $100,000 from the Legend Lakes Surety Bond. HR Green Inc. has submitted a professional services agreement for design engineering and construction observation. The scope of work includes preparation of detailed contract plans, The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. cost estimate, assistance in bid tabulation, bid award recommendation, field inspections, and payment recommendations. The engineering services fee is an amount not to exceed of $251974.00. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached Professional Services Agreement with HR Green Inc. for an amount not to exceed of $25,974.00 for Engineering Design, Bidding and Construction Observation ; and 2) authorization to publicly bid the Fieldstone Lift Station Rehabilitation Project. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. HRGreen PROFESSIONAL SERVICES AGREEMENT For Fieldstone Lift Station Rehab Engineering Design, Bidding and Construction Observation Services Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 815-363-2186 Chad J. Pieper, P.E. City Engineer HR Green 420 North Front Street McHenry, Illinois 60050 86150164 June 1, 2015 Revised (10-2014) 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 Revised (10-2014) I. Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 1 of 9 THIS AGREEMENT is between CITY OF McHENRY (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The Fieldstone Lift Station is a duplex pump station in the Legend Lakes subdivision. Due to a misaligned guide -wire system, neither pump has been able to have been maintained since 2008. At this time the CLIENT is currently looking at replacing both pumps, base elbows, guide -wires and discharge pipes. The City also wishes to replace the control system for the pumps, add new access hatches that have a safety grating in them, and install influent diverters to settle the incoming flow for better pump efficiency. 1.2 Design Criteria/Assumptions The existing submersible pumps will be replaced with two larger pumps that will increase the capacity of the pump station in anticipation of future growth. It is also understood that the City will be purchasing the pumps in order to reduce the lead time for the project. Because this is an upgrade to the plant, an [EPA permit will be required for this project. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Engineering Design: During this phase of the project the COMPANY will: 1. Confirm critical dimensions of the existing installation. This will assist with evaluating the potential for installing the new pumps. 2. Perform a hydraulic analysis of the pipe system connected to the pump station in order to develop the conditions seen by the pumps. — this shall be based on the study done on the lift stations during the Sanitary Modeling project. 3. Select new pumps that satisfy the flow and head conditions determined in items 1 and 2. 4. Evaluate the existing electrical system and design upgrades and replacements, as necessary, to accommodate the new pumps. This will included the new control system requested by the CLIENT. 5. Evaluate any by-pass pumping required to keep the pump station operational during the removal and installation process. 6. Prepare construction documents for the pump station upgrades including a plan set and project manual. 7. Prepare required documents for the equipment pre -purchase by the CLIENT for the pumps and associated equipment. The COMPANY will work with the CLIENT staff as needed to accurately collect and review bids on the process equipment Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 2 of 9 8. Develop a preliminary and final opinion of probable construction cost for the work based on the scope, schedule, and anticipated job site conditions. 9. Hold one design review meeting with the CLIENT at the 90% design stage. 10. Perform a QC review focusing on issues of consistency, presentation, organization, completeness, clarity, coordination, constructability, and cost effectiveness of the deliverables. (Assume review at 90% design.) 11. Provide on -going Project Management for this project. 12. Provide coordination with the Illinois Environmental Protection Agency (IEPA) during the project and submit documents required to obtain a construction permit. Bidding Services 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. Construction Observation Services 1. Attend a preconstruction meeting after award of construction contract with the CLIENT, contractor, subcontractors, and utility companies. 2. Review shop drawings, samples, and other data which the contractor is required to submit, but only for conformance with design concept of the project and conformance with the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 3. Consult with and advise CLIENT and act as CLIENT's representative. The CLIENT's instructions to the contractor will be issued through the COMPANY, who will have the authority to act on behalf of CLIENT. The COMPANY shall not Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 3 of 9 act on the CLIENT'0 behalf without securing actual authority from the CLIENT prior to taking such action. 4. During the period of construction, COMPANY shall make periodic visits to the site at various stages of construction as COMPANY deems appropriate. The purpose of these visits shall be to observe the site and work, to familiarize COMPANY with the progress and quality of the work, and to determine for the CLIENT's benefit and protection if the work is proceeding in accordance with the intent of the contract documents and construction schedule. On the basis of his on -site observations as a professional engineer, the COMPANY shall keep the CLIENT informed of the progress and quality of the work and he shall use reasonable care to inform the CLIENT of defects and deficiencies in the contractor's work and of the contractor's failure to carry out the work in accordance with the intent of the construction documents and the construction schedule. The COMPANY shall not, during such visits, supervise, direct or have control over the contractor's work nor shall COMPANY have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the contractor, for safety precautions and programs incident to the work or for any failure of the contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor furnishing and performing his work. Accordingly, COMPANY can neither guarantee the performance of the construction contract by the contractor nor assume responsk bility for the contractor's failure to furnish and perform his work in accordance with the contract documents. During such visits COMPANY may disapprove of or reject the contractor's work while it is in progress if COMPANY believes that such work will not produce a completed Project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the Project as reflected in the contract documents. 5. Consult with CLIENT regarding the status of the work and partial payments due to the Contractor. Such recommendations of payment will constitute a representation to CLIENT, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of COMPANY's knowledge, information and belief, quality of such work is generally in accordance with the contract documents. In the case of unit price work, COMPANY's recommendation of payment will include determinations of quantities and classifications of such work. COMPANY's review of the contractor's work for the purpose of recommending payments shall not impose on COMPANY the responsibility to supervise, direct or control such work. It shall also not impose responsibility on COMPANY to make any examination to ascertain how or for what purposes the Contractor has used the monies paid on account of the contract price. 6. Issue interpretations and clarifications of the contract documents, and in connection therewith, prepare change orders. Evaluate and determine the acceptability of substitute materials and equipment proposed by the contractor. Any substitutions shall first be approved by the CLIENT. 7. Conduct an observation to determine if the work is substantially complete and a final observation to determine if the completed work is acceptable so that COMPANY may recommend, in writing, final payment to the contractor and may give written notice to CLIENT and the contractor that the work is acceptable, but Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 4 of 9 any such recommendation and notice will be subject to the limitations expressed in item 3, and the duties imposed under item 4. COMPANY will provide a punchlist for the Contractor. 8. Review and assemble the operating and maintenance information supplied by the manufacturers of the equipment into a Manufacturers Operations and Maintenance Manual. This task to include both hardcopy and electronic versions. 9. COMPANY will assist CLIENT and contractor in startup of the new pump station. 3.0 Deliverables and Schedules Included in this Agreement Item Completion Notice To Proceed From CLIENT June 1, 2015 Design — 90% Completion June 26, 2015 Approval for equipment purchase July 6, 2015 Out To Bid September 22, 2015 Bid Opening October 6, 2015 Award October 19, 2015 Substantial Completion November 20, 2015 Final Completion December 11, 2015 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT Cl"d public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. Deliverables for this project include: • 90% Plans and Specifications for review — 2 paper sets of each • Final Construction Documents — 3 paper sets for City, 10 CD copies for Bidding • Documents for equipment pre -purchase • IEPA Permit applications • EOPC — submitted at 90% and Final completion • Recommendation of Award to Contractor • Meeting Minutes from Pre -construction meetings • Observation reports at necessary intervals to be determined during construction. • Recommendation for Contractor Payouts • Project close out documents including final punchlist and recommendation for final payout. • Copies of shop drawing submittals and equipment manuals • Record drawing of Final Improvements — hard copy Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 5 of 9 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: 1. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or negligent work by any contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any contractor, and (5) failure of the contractor to complete the work within the construction contract time. 2. Evaluation of unusually complex or unreasonably numerous claims submitted by contractor or others in connection with the work. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others W 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 facties 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 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 service 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 Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 6 of 9 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 attorney's fees. 7.3 Extra Services Any service required but not included as part of this contract shall be considered extra services. Extra services 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 service 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 $25,974,00, See attachment A for a breakdown of man hours anticipated for this project. Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 7 of 9 8.0 Terms 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. 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. 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. 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 The CLIENT has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver Either Party'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. 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 services under this Agreement are being performed solely for the CLIENT Is benefit, and no other party or entity shall have any claim against Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 8 of 9 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 carry 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. 8.13 Dispute Resolution The CLIENT and COMPANY agree that they will first attempt to mutually work towards a resolution on anv dispute between them arising out of or relating to this agreement. In the event a mutual agreement cannot be made between the parties, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, In the discretion of the CLIENT, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Provided, however, the only exception to this exclusive procedure is with regard to enforcement of equitable remedies such as injunctive relief and mechanic lien rights which may be maintained by filing suit in the 22" Judicial Circuit Court, McHenry County, Illinois. In the event of arbitration or litigation of this Agreement between the CLIENT and the COMPANY, the prevailing party to any litigation or arbitration shall be entitled to recover from the non -prevailing party all of its expenses incurred, including but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of the litigation or arbitration. 8.14 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. At no cost to LIENT, documents referenced in this section 8.14, shall be provided to the CLIENT in any requested format. 8.15 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 attorney's fees arising out of or resulting therefrom. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's reuse of the electronic files. 8.16 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. 8.17 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 Professional Services Agreement Fieldstone Lift Station 86150164 June 1, 2015 Page 9 of 9 warrants that this intent shall be 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. 8.18 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. 8.19 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, lNC. City Engineer CITY OF McHENRY Accepted by: Printed/Typed Name: Title: Date: Hrgmhnas:\\O:\86150164\Design\Contract\agt-051415-HR_Green_PSA-Fieldstone Lift Station.docx HRGreen Man -Hour Estimate Fieldstone Lift Station Job Number: 86150164 Date: June 1, 2015 Exhibit A TASK Personnel MAN- HOURS LABOR COST Engineering Design Project Manager 15 $2,415000 Project Engineer 105 $12,180.00 QC Engineer 4 $800.00 Admin. 8 $752600 Subtotal: 132 $16,147.00 Bidding Services Project Manager 10 $1,610600 Project Engineer 24 $2,784600 Admin. 8 $752000 Subtotal: 42 $51146M Construction Observation Project Manager 5 $805000 Construction Engineer 30 $31500.00 Admin. 4 $376.00 Subtotal: 39 $4,681.00 Contract Total: $25,974.00 Based upon our understanding of the project detailed in this Contract, the above is a summary of man- hours and costs associated with the project. This Contract will be completed as a Time and Material, Not -to -Exceed Contract. Hrgmhnas\\0:\86150164\Design\Contract\ex-051415-Exhihit_A-Man-hour estimate -Fieldstone Lift Station.docx u Susan E. Low, Mayor City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us MAYOR' S REPORT To: McHenry City Council From: Susan E. Low, Mayor For: June 15, 2015 Annual City Council meeting Re: 2015/16 Appointments The following appointed municipal officers as defined in the McHenry Municipal Code are presented for appointment with the advice and consent of the City Council: City Administrator/Department Heads City Administrator Chief of Police Director of Public Finance Director City Treasurer Derik Morefield John M. Jones Works Jon M. Schmitt Carolyn Lynch Carolyn Lynch Municipal Consulting Firms Corporate Attorney Labor Attorney Traffic Court Attorney City Engineer Administrative Adjudication Officer Zukowski, Rogers, Flood & McArdle Ottosen Britz Kelly Cooper &Gilbert, Ltd Patrick J. McAndrews ,Green Inc. Harry Semrow Expiration 04/30/10 04/30/16 04/30/16 04/30/16 04/30/16 04/30/16 04/30/16 04/30/16 04/30/16 04/30/16 Boards and Commissions Planning/ and Zoning Commission: (1 year term) Landmark Commission: (3 year term) Police Commission: (3 year term) Susan E. Low, Mayor City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us Expiration Joseph Doherty 04/30/16 Donald Meyer 04/30/16 Michael Sobotta 04/30/16 Shawn Strach (Chair) 04/30/16 Roger Thacker (V-Chair) 04/30/16 Joseph C.Vallez 04/30/16 Brian Bromley 04/30/16 MaryA Dixon 04/30/18 James Johnson 04/30/18 Joyce Matuszewich 04/30/18 Gerhard Rosenberg 04/30/18 Patricia Schafer 04/30/18 Patrick Wirtz (Chair) 04/30/18 Nicholas Bennett 04/30/16 (Student Member, 1-yr. term) Richard Huber (Chair) 04/30/18 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us CONFIDENTIAL EXECUTIVE SESSION SUPPLEMENT DATE: June 15, 2015 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE: CONFIDENTIAL —EXECUTIVE SESSION PER 5 ILCS 120(2)(C)(2) —Collective Negotiation Matters The three (3) Superintendents (Water, Sewer, Streets), two (2) Assistant Superintendents (Water and Sewer), two (2) Streets Crew Leaders, and the Administrative Assistant of the Public Works Department have filed petition to form a collective bargaining unit as part of the IUOE Local 150 (same Union that represents public works and parks maintenance workers). In response to this petition myself, Human Resources Manager Campanella and Deputy Administrator Hobson met with the City's legal counsel for labor issues, Mr. John Kelly, on June 2nd to discuss the City's opportunities for a response to the petition. At this time, Public Works Director Jon Schmitt was not included in the discussion in order to maintain a "buffer" between him and the group seeking to organize. Director Schmitt works with these individuals on a daily basis and I did not want to place him in a precarious situation at this time. However, should the City choose to continue to object to the organization, Director Schmitt will need to participate in the City's objection and provide testimony as to the responsibilities of these positions within the organization. An objection to the petition was required to be filed to the Illinois Labor Relations Board on or before June 9th and, as such, I gave direction to Mr. Kelly to file said petition on the City's behalf. In short, failure to file the objection would have resulted in an unopposed formation of the collective bargaining unit and so the response was provided in order to allow City Staff the opportunity to discuss the topic with the City Council in order to formulate a strategy for moving forward. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. The matter is schedule for an executive session discussion on Monday, June 15'" with the goal of receiving consensus direction from Council on how to proceed. Mr. John Kelly has provided the attached memorandum which outlines the City's options. He will also be in attendance to be able to respond to questions that may arise. MEMORANDUM (Attorney -Client Privileged Document) TO: Mayor Susan Low City of McHenry City Council City Administrator Derik Morefield FROM: John H. Kelly, Labor Attorney SUBJECT: Representation Petition Department of Public Works Superintendent, Assistant Superintendent and Crew Leader Positions DATE: June 15, 2015 As the City Administrator has informed you, certain employees of the Public Works Department have filed a Petition with the Illinois Labor Relations Board to be represented by Local 150. Local 150 is the same union which currently represents workers in both the Public Works Department and the Parks Department of the City. The purpose of this Memorandum is to outline the legal basis for a challenge to this Petition and to provide an overview of the process. Supervisory Desi;;nation Under the terms of the Illinois Public Labor Relations Act, 5 ILCS 315/1, certain employees are not eligible to enjoy collective bargaining rights. The statute designates the employee classes that are exempt from bargaining. One of these groups is "supervisors." The Labor Relations Act provides a very specific definition of a "supervisor" and the Labor Board and the courts have decided many cases interpreting that definition. Section 315/3(r) defines a "supervisor" as follows: "(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgement." The Labor Act also imposes a requirement that the employee, who is to be designated as a supervisor, must "devote a preponderance of their time to exercising this supervisory authority. In order to be defined as a "supervisor," the employee must meet all four (4) of these tests. City Position ChallenainLy the Representation Petition The Representation Petition filed by Local 150 seeks to include eight (8) employees of the Public Works Department in the proposed bargaining unit. These MCHENRY, CITY OF /Labor /Memo to City Council re: Representation Petition /172315 employees are the Street Superintendent, Waste Water Superintendent, Water Superintendent, Utility Superintendent (currently Assistant Water Superintendent), Assistant Sewer Division Superintendent (should be Assistant Waste Water Superintendent), Crew Leaders and the Administrative Assistant. Based on my discussions with the City Administrator, Deputy City Administrator, Human Resources Manager and the Public Works Director and a review of the job duties of these individuals, I believe that the Superintendents and, possibly, the Assistant Superintendents/Crew Leaders, may qualify as supervisors and, thus, be exempt from coverage of the Labor Act. This analysis includes the job descriptions of the individual positions, as well as the actual job duties of each individual. The City has filed a response to the Petition for Representation stating its objection to the Petition on the basis of the supervisory definition. Additionally, we have questioned the position designations as described by the union. This response was filed on June 9, 2015, as required by the Rules of the Illinois Labor Relations Board. Should the City determine, at any time, not to continue the challenge to the proposed bargaining unit, the City's objection can be withdrawn. Representation Hearing Process Based on the City's objection to the Representation Petition, the Labor Board will assign this case to a Labor Board investigator. The investigator will gather documentation and information from both sides in order to determine if the City's objection requires setting the matter for hearing before an Administrative Law Judge. If that determination is made, one of the Administrative Law Judges from the Labor Board will be assigned and schedule the matter for hearing. The hearing will be held at the Labor Board offices in Chicago. The process will be very similar to a court proceeding in that a court reporter will be present to make a written record of the proceeding and witnesses will be sworn and give testimony. Since the City is challenging the Petition, it is the City's responsibility to go forward with its case to show that the individuals in question are, in fact, supervisors. The union will then have an opportunity to rebut the City's case with their own witnesses. Both sides will also be able to introduce documentary evidence in support of their positions. I would expect that the City witnesses will include the City Administrator, Deputy City Administrator, the Director of Public Works, and some of the individuals identified in the union's petition. Based on my experience, I believe that the hearing may take 2 or 3 days. At the close of the hearing the Administrative Law Judge will permit each party to file a written brief summarizing and arguing their respective positions. The Administrative Law Judge will consider the evidence, the record made of the hearing and the briefs and prepare a recommended Findings and Decision. This recommended decision will be submitted to the Labor Relations Board for their adoption. Once adopted, the Order of the Labor Relations Board can be appealed to the Appellate Court. Analysis of the Citv's Position While the Labor Board has historically been biased to the union, or labor, positions, recent court decisions on the topic of the definition of a supervisor have forced the Board to be more respectful of the employer's arguments regarding the qualifications of those employees designated as a supervisor. Based on my knowledge of the work done MCHENRY, CITY OF /Labor /Memo to City Council re: Representation Petition /172315 by the employees in question, I believe there is a 70% chance or better of keeping the Superintendents out of a bargaining unit. The Assistant Superintendents/Crew Leaders is not as strong a case because of their duties and the fact that if the Superintendents are not permitted to unionize, there would be an additional level of management between the Director and the unionized employees. I would gauge the chances of prevailing on the Assistant Superintendent/Crew Leader positions at 50150. If it is determined that a bargaining unit is appropriate, the Administrative Assistant will be included, as there is no legal basis to keep that position out of the bargaining unit. If the Labor Board were to decide that all of the positions in question were supervisory, they would not allow a bargaining unit of 1 person, the Administrative Assistant. Certainly, challenging this Representation Petition will require a significant investment of time for the City staff, both in terms of preparation and attendance at the hearing. My estimate of the legal fees necessary to represent the City in this proceeding through the Labor Board decision is $10,000.00 to $15,000.00. Should you have any questions, please do not hesitate to contact me. MCHENRY, CITY OF /Labor / Memo to City Council re: Representation Petition /172315