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Packet - 04/02/2018 - City Council
AGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, April 2, 2018, 7:00 PM 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: Any member of the public wishing to address the Council is invited to do so by signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for Public Comment are also provided under each Individual Action Item. 5. Proclamation declaring Apri127, 2018 as Arbor Day in the City of McHenry. 6. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Appointment of Mary Kay Welter to the Landmark Commission to fill the vacant term expiring on April 30, 2020; B. Award Bid for Construction of the Recreation Center Parking Lot Expansion project to Chicagoland Paving, Inc., for a project total of $474,900; C. Award 2018 Hot Mix Asphalt Materials Contract to Curran Materials Company of McHenry, IL in the amount of $38.50/ton for HMA Surface Mixture and $36.50/ton for HMA Binder Mixture; D. Special Event Liquor License from The Church of Holy Apostles for the Catholic Assistance Mission Help & Hope for Haiti fundraiser on April 21, 2018; E. Parks Use/Facilities Permits; F. March 5, 2018 City Council meeting minutes; G. March 19, 2018 City Council meeting minutes; and H. Payment of Bills in the amount of $376,990.06. 7. Individual Action Item Agenda: A. Motion to approve transfer of the Class A-19 Liquor License issued to Buddyz McHenry, Inc. d/b/a Buddyz Pizza to Wade's Wave, Inc. d/b/a Buddyz Pizza located at 1138 N. Green Street, The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services /rr a customer -oriented, efficient, and fiscally responsible manner. McHenry City Council Regular Meeting Apri12. 2018 Page Two B. Motion to adopt an Ordinance granting a Conditional Use permit to allow Assembly Use, Outdoor Seating, and Indoor Entertainment for Utopian Roast LLC d/b/a Hidden Pearl Cafe located at 12524254 N. Green Street; and, an Ordinance authorizing the Mayor's execution of a Revocable License Agreement with Utopian Roast LLC to utilize .45 acres of city - owned property located at 1246 N. Green Street aka Neumann Park for outdoor seating and entertainment purposes. C. Motion to adopt an Ordinance granting a Conditional Use Permit to allow Outdoor Storage of Vehicles in conjunction with a Towing and Limousine Business at 4910 W. Elm Street (Rex Towing). D. Motion to adopt an Ordinance granting a Conditional Use Permit to allow a Drive -In Establishment and Outdoor Seating for a new Starbucks location at 4305 W. Elm Street S. Discussion Item: A. Meyer Material Company's request for extension of its business of gravel excavation and processing. 9. Staff Reports. 10. Mayor and City Council Comments. 11. Executive Session. A. Motion to enter into Executive Session for the purchase or lease of real property for the use of the public body, 5 ILCS 12. Adjourn. The complete City Council packet is available for review online via the City website at lanviv.ci.mchenrrZil.us. For further information, please contact the Office of the City Administrator at 815-363-2108. The proceedings of the City Council meeting are being video and audio -recorded and every attempt is made to ensure that they are posted on the City of McHenry, IL "YouTube"channel within twenty four (24) hours of the meeting adjournment. NOTICE: In compliance with the Americans With Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 12 hours prior to any meeting so that accommodations can be made. The City of McHenry /s dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Wayne Jett Jr., Mayor McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA To: McHenry City Council From: Wayne Jett, Jr., Mayor For: April 2, 2018 Re: Appointment to Landmark Commission ATT: Application As part of the April 2, 2018 Consent Agenda, I will be asking for a motion to approve the appointment of Mary Kay Welter to the Landmark Commission. Based on the recommendation from Landmark Commission Chairman Patrick Wirtz, Ms. Welter will be filling a term vacated by the resignation of Susanne Kotomski that expires on April 30, 2020. Please do not hesitate to contact me prior to the meeting if you have any comments or concerns regarding this appointment. If Council concurs, then it is recommendation a motion be made to appoint Mary Kay Welter to the McHenry Landmark Commission to the term expiring Apri1309 2020. The Ciry of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of progra�us and services in acustomer-oriented, efficient, and focally responsible manner. Ms. Mary Kay Welter 3 Q0 Broad St. McH IL 600504471 Spouse: /.4}�- -NYC fJ L G City of McHenry Application for Committee, Commission or Board all or Deliver to: Office of the Mayor, City of McHenry, 333 South Green St, McHenry IL 60050 Application for Appointment to 1. Name: Address' Phone: Email: City R( / %lor Committee/Commission/Board. 2. In this Section please use P for Presently; F for Formerly: Elected or Appointed Positions Held: Member of Organizations (list offices held):?le Occupational Formal Education: 3. Do you or any of your close family or business connections own, hold stock in, serve provides products or services to: City of McHenry Other Government Entity. If yes, please identify and explain: as director of or work for any busine ss which 4. Do you or any of your close family or business connections serve on any Committee, Commission, Board or otherwise with an organization or agency which has, or may have, any business or personal transactions with the Committee, Commission or Board to which you are making application? If yes, please identify and explain: 5. Are you generally familiar with the functions and workings of the Committee/CommissionBoard to which you are making application? ►/ Have yo attended meetings of this body? What prompted you to apply for consideration of appointment to this position? i©G�(,GIL Signed: What studies, responsibilities, accomplishments, � which you feel may qu ify you for this position? °+I In' J". _C'O tV4Z A� comments: 1h�� or community projects ve you pa cipated i o tiated Other information you would like to include maybe attached to this application.: Date Received: � i � � Date Considered: �-- Action: f Revised: 1/06/2015 MCHenryX;, DATE: April 2, 2018 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park recreation CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Bid award for Construction of the Recreation Center Parking Lot Expansion to Chicagoland Paving for a total of $474,900. ATT: Bid Tabulations AGENDA ITEM SUMMARY: The purpose of this agenda item is to award a bid for construction of the Recreation Center parking lot expansion to the apparent low bidder Chicagoland Paving Contractors Inc. for $474,900, contingent upon the passage of the FY18/19 Budget. BACKGROUND: On February 19, 2018, the City Council authorized staff to advertise for bids for expansion of the Recreation Center parking lot. An additional element of the project is the extension and expansion of city water main on the property. As part of the proposed FY18/19 Budget request $505,000 is allocated for this project. ANALYSIS. The extension and expansion of a city water main is estimated to cost $40,169 and will be charged to the Water Sewer Fund. The balance of the project costs - $434,731- will be charged to the Recreation Center Fund. The total cost for the parking lot and water main expansion from the bid submitted by Chicagoland Paving is $30,100 less than what is identified in the proposed FY18/19 Annual Budget and $48,980 less than Baxter & Woodman's EEOPC (Engineer's Estimate of Probable Cost) of $523,880, The award of bid is contingent upon the adoption of the FY18/19 Budget by Council and the project would not begin until after the start of FY18/19 (May 1, 2018). RECOMMENDATION: Therefore, if the City Council concurs, then it is recommended a motion be made to Award the Bid for Construction of the Recreation Center Parking Lot Expansion project as presented to Chicagoland Paving, Inc. for a project total of $474,900, contingent upon the adoption of the FY18/19 Budget. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, arrd fiscally responsible manner. Local Public Agency: City of McHenry Date: 3/16/18 County: McHenry Time: 2:00 PM Project: Recreational Facility Parking Expansion Estimate: 523.880.00 1 TREE ROOT PRUNING EACH 3 2 TRENCH BACKFILL CU YD 186 3 SITE GRADING LSUM 1 4 TURF REINFORCEMENT MAT SQ YD 110 5 TEMP EROS CONTR SEEDING POUND 61 6 PERIMETER EROSION BARRIER FOOT 1480 7 INLET FILTERS EACH 9 8 TEMP EROS CONTR BLANKET SQ YD 4750 9 SUBGRADE REM & REPLACEMENT CU YD 357 10 AGG BSE CSE TYP B 4 SQ YD 486 11 AGG BSE CSE TYP B 8 SQ YD 25 12 AGG BSE CSE TYP B 12 SQ YD 4280 13 BIT MATLS PRIME COAT POUND 19300 14 BIT MATLS TACK COAT POUND 2890 15 HMA BC IL 19.0 N50 TON 616 16 HMA SC, MIX "D" N50 TON 493 17 PROTECTIVE COAT SQ YD 486 18 PC CONC SIDEWALK 5 SQ FT 1725 19 PC CONC SIDEWALK 6 SQ FT 225 20 PAVEMENT REMOVAL SQ YD 45 21 COMB CC&G REM FOOT 20 22 SIDEWALK REMOVAL SQ FT 1950 23 SS CLA T1 12 FOOT 29 24 SS CLA T2 12 FOOT 115 25 SS CLA T2 15 FOOT 162 26 SS CLA T2 18 FOOT 84 27 WATER MAIN 6" FOOT 12 28 WATER MAIN 8" FOOT 530 29 WATER VALVES 8" EACH 1 30 DI WM TEE 8X6 REST JT EACH 2 31 DI WM FIT 8" 45 BEND REST JT EACH 2 32 DI 8" PLUG REST JT EACH 1 33 TRENCH BACKFILL WATER MAIN CU YD 245 34 FIRE HYD W AUX VALVE & BOX EACH 2 35 CB TA 4' DIA, T1 FRAME CL EACH 1 36 CB TA 4' DIA, T11 V FRAME & GRATE EACH 1 37 CB TA 5' DIA, T11 FRAME & GRATE EACH 2 38 CB TC T11V FRAME & GRATE EACH 1 39 MANHOLE TA 5' DIA T1 FRAME OL EACH 1 40 WAULT TA 5' DIA T1 FRAME CL EACH 1 41 CATCH BASIN TO BE ADJUSTED EACH 1 42 MANHOLE TO BE ADJUSTED EACH 2 43 CONC CURB TYP B FOOT 150 44 CC&G TYP B 6.12 FOOT 1190 45 MOBILIZATION LSUM 1 46 TRAFFIC CONTROL & PROT LSUM 1 47 SIGN PANEL TYP 1 SQ FT 2 48 BOLLARD 6" DIA EACH 1 49 CONC PRECAST PARKING BUMPER EACH 1 50 THPL PVT MKG L&S SQ FT 3 51 THPL PVT MKG LINE 4" FOOT 1800 52 UNDERGROUND COND PVC 1" DIA FOOT 735 53 ECABLE IN COND 600V (XLP) 1C NO 10 FOOT 2745 54 LT POLE STL 25' 4" DIA FOOT 8 55 LT POLE FOUND 24" DIA EACH 64 56 LUMINAIRE LED POLE MOUNT EACH 11 57 TREE, CELT OCC 2" EACH 3 58 TREE, ACER PLAT 2" EACH 4 59 TREE GLED TRIA INER SKY 2" EACH 4 60 SHRUB EUON ALAT RUDY HAAG EACH 19 61 SHRUB JUNIP CHIN KALL COMP EACH 10 62 CONSTRUCTION LAYOUT LSUM 1 63 EXP TRENCH SPECIAL FOOT 200 64 RELOC EXIST TRASH ENCL EACH 1 65 STAB CONST ENTRANCE EACH 2 Tabulation of Bids Name of Bidder: Chico oland Paving Contractors, Inc. Curran Contracting Company Maneval Construction Peter Baker & Son. Co. Schroeder Asphalt Services, Inc. Address of Bidder: 225 Telser Road 286 Memorial Court 28090 W. Concrete Drive 1349 Rockland Road PO Box 831 Lake Zurich, IL 60047 Crystal Lake, IL 60014 Ingleside, IL 60041 PO Box 187 Huntley, IL 60142 Lake Bluff, IL 60044 Proposal Guarantee: Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Terms: Approved Engineer's Estimate Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 100.0000 $ 300.00 375.0000 $ 1,125.00 350.0000 $ 1,050.00 262.5000 $ 787.50 350.0000 $ 1,050.00 315.0000 $ 945.00 45.0000 $ 8,370.00 27.8500 $ 5,180.10 35.0000 $ 6,510.00 46.8000 $ 8,704.80 45.0000 $ 8,370.00 1.0500 $ 195.30 50,000.0000 $ 50,000.00 58,121.0500 $ 58,121.05 64,000.0000 $ 64,000.00 179,860.0000 $ 179,860.00 79,000.0000 $ 79,000.00 79,500.0000 $ 79,500.00 9.0000 $ 990.00 8.5000 $ 935.00 9.3000 $ 1,023.00 8.4000 $ 924.00 8.0000 $ 880.00 10.5000 $ 1,155.00 2.0000 $ 122.00 1.0500 $ 64.05 1.0000 $ 61.00 1.0500 $ 64.05 1.0000 $ 61.00 15.7500 $ 960.75 2.0000 $ 2,960.00 2.5000 $ 3,7010.00 2.2500 $ 3,330.00 2.9900 $ 4,425.20 2.2500 $ 3,330.00 3.0000 $ 4,440.00 75.0000 $ 675.00 150.0000 $ 1,350.00 175.0000 $ 1,575.00 131.2500 $ 1,181.25 175.0000 $ 1,575.00 52.5000 $ 472.50 2.0000 $ 9,500.00 1.0600 $ 5,635.00 1.0000 $ 4,750.00 1.1000 $ 5,225.00 1.0000 $ 4,750.00 1.0500 $ 4,987.50 30.0000 $ 10,710.00 55.0000 $ 19,635.00 72.0000 $ 25,704.00 64.2000 $ 22,919.40 75.0000 $ 26,775.00 55.0000 $ 19,635.00 5.0000 $ 2,430.00 4.5000 $ 2,187.00 9.5000 $ 4,617.00 7.4300 $ 3,610.98 4.4500 $ 2,162.70 5.9500 $ 2,891.70 9.0000 $ 225.00 10.0000 $ 250.00 18.5000 $ 462.50 10.8000 $ 270.00 6.2000 $ 155.00 14.2500 $ 356.25 10.0000 $ 42,800.00 11.0000 $ 47,080.00 16.0000 $ 68,480.00 13.9900 $ 59,877.20 16.3000 $ 69,764.00 11.8000 $ 50,504.00 0.1000 $ 1,930.00 0.0100 $ 193.00 0.0100 $ 193.00 0.1200 $ 2,316.00 0.0100 $ 193.00 0.0100 $ 193.00 0.2000 $ 578.00 0.0100 $ 28.90 0.0100 $ 28.90 0.1200 $ 346.80 0.0100 $ 28.90 0.0100 $ 28.90 75.0000 $ 46,200.00 70.0000 $ 43,120.00 68.0000 $ 41,888.00 72.6000 $ 44,721.60 65.0000 $ 40,040.00 74.0000 $ 45,584.00 80.0000 $ 39,440.00 85.0000 $ 41,905.00 68.0000 $ 33,524.00 79.8000 $ 39,341.40 73.0000 $ 35,989.00 76.0000 $ 37,468.00 1.0000 $ 486.00 2.6500 $ 1,287.90 1.3000 $ 631.80 1.0500 $ 510.30 1.3000 $ 631.80 1.0500 $ 510.30 5.0000 $ 8,625.00 7.0500 $ 12,161.25 5.9000 $ 10,177.50 6.8300 $ 11,781.75 5.9000 $ 10,177.50 6.8500 $ 11,816.25 6.0000 $ 1,350.00 7.2000 $ 1,620.00 6.1000 $ 1,372.50 10.5000 $ 2,362.50 6.1000 $ 1,372.50 10.5000 $ 2,362.50 8.0000 $ 360.00 15.0000 $ 675.00 9.4000 $ 423.00 14.4000 $ 648.00 11.5000 $ 517.50 6.0000 $ 270.00 10.0000 $ 200.00 10.0000 $ 200.00 14.0000 $ 280.00 6.0000 $ 120.00 8.0000 $ 160.00 20.0000 $ 400.00 1.5000 $ 2,925.00 1.0000 $ 1,950.00 1.0000 $ 1,950.00 1.4400 $ 2,808.00 1.1500 $ 2,242.50 1.0000 $ 1,950.00 65.0000 $ 1,885.00 41.2500 $ 1,196.25 40.0000 $ 1,160.00 42.5200 $ 1,233.08 44.0000 $ 1,276.00 43.0000 $ 1,247.00 68.0000 $ 7,820.00 46.5000 $ 5,347.50 40.0000 $ 4,600.00 42.5200 $ 4,889.80 49.0000 $ 5,635.00 74.5500 $ 8,573.25 72.0000 $ 11,664.00 51.5000 $ 8,343.00 42.5000 $ 6,885.00 51.1800 $ 8,291.16 46.0000 $ 7,452.00 83.0000 $ 13,446.00 75.0000 $ 6,300.00 65.0000 $ 5,460.00 46.0000 $ 3,864.00 91.3200 $ 7,670.88 50.0000 $ 4,200.00 97.6500 $ 8,202.60 85.0000 $ 1,020.00 62.0000 $ 744.00 57.0000 $ 684.00 48.2400 $ 578.88 80.0000 $ 960.00 68.2500 $ 819.00 90.0000 $ 47,700.00 70.0000 $ 37,100.00 59.0000 $ 31,270.00 50.6400 $ 26,839.20 72.0000 $ 38,160.00 71.4000 $ 37,842.00 5,000.0000 $ 5,000.00 2,325.0000 $ 2,325.00 1,795.0000 $ 1,795.00 1,422.0000 $ 1,422.00 2,100.0000 $ 2,100.00 1,627.5000 $ 1,627.50 1,200.0000 $ 2,400.00 570.0000 $ 1,140.00 475.0000 $ 950.00 474.0000 $ 948.00 600.0000 $ 1,200.00 735.0000 $ 1,470.00 600.0000 $ 1,200.00 465.0000 $ 930.00 325.0000 $ 650.00 320.4000 $ 640.80 465.0000 $ 930.00 577.5000 $ 1,155.00 500.0000 $ 500.00 465.0000 $ 465.00 165.0000 $ 165.00 122.4000 $ 122.40 1,175.0000 $ 1,175.00 372.7500 $ 372.75 25.0000 $ 6,125.00 22.7000 $ 5,561.50 16.6000 $ 4,067.00 47.8700 $ 11,728.15 40.0000 $ 9,800.00 1.0500 $ 257.25 3,000.0000 $ 6,000.00 6,130.0000 $ 12,260.00 5,600.0000 $ 11,200.00 4,956.0000 $ 9,912.00 4,650.0000 $ 9,300.00 4,751.2500 $ 9,502.50 2,700.0000 $ 2,700.00 3,965.0000 $ 3,965.00 3,350.0000 $ 3,350.00 2,340.0000 $ 2,340.00 2,150.0000 $ 2,150.00 3,743.2500 $ 3,743.25 3,500.0000 $ 3,500.00 4,100.0000 $ 4,100.00 3,000.0000 $ 3,000.00 2,460.0000 $ 2,460.00 2,200.0000 $ 2,200.00 3,013.5000 $ 3,013.50 3,000.0000 $ 6,000.00 6,025.0000 $ 12,050.00 3,750.0000 $ 7,500.00 3,732.0000 $ 7,464.00 2,850.0000 $ 5,700.00 4,068.7500 $ 8,137.50 1,500.0000 $ 1,500.00 1,500.0000 $ 1,500.00 2,000.0000 $ 2,000.00 1,620.0000 $ 1,620.00 1,650.0000 $ 1,650.00 2,756.2500 $ 2,756.25 3,000.0000 $ 3,000.00 5,615.0000 $ 5,615.00 3,750.0000 $ 3,750.00 5,376.0000 $ 5,376.00 2,750.0000 $ 2,750.00 4,593.7500 $ 4,593.75 3,000.0000 $ 3,000.00 2,425.0000 $ 2,425.00 3,400.0000 $ 3,400.00 3,396.0000 $ 3,396.00 2,500.0000 $ 2,500.00 3,465.0000 $ 3,465.00 250.0000 $ 250.00 515.0000 $ 515.00 480.0000 $ 480.00 540.0000 $ 540.00 395.0000 $ 395.00 309.7500 $ 309.75 350.0000 $ 700.00 515.0000 $ 1,030.00 480.0000 $ 960.00 540.0000 $ 1,080.00 350.0000 $ 700.00 409.5000 $ 819.00 15.0000 $ 2,250.00 24.4000 $ 3,660.00 25.9000 $ 3,885.00 24.6800 $ 3,702.00 25.9000 $ 3,885.00 24.6500 $ 3,697.50 22.0000 $ 26,180.00 22.3000 $ 26,537.00 21.5000 $ 25,585.00 24.6800 $ 29,369.20 21.5000 $ 25,585.00 24.6500 $ 29,333.50 15,000.0000 $ 15,000.00 10,000.0000 $ 10,000.00 12,000.0000 $ 12,000.00 6,000.0000 $ 6,000.00 29,170.0000 $ 29,170.00 11,825.0000 $ 11,825.00 6,000.0000 $ 6,000.00 2,500.0000 $ 2,500.00 2,935.0000 $ 2,935.00 1,800.0000 $ 1,800.00 2,935.0000 $ 2,935.00 1,500.0000 $ 1,500.00 20.0000 $ 40.00 60.0000 $ 120.00 15.0000 $ 30.00 105.0000 $ 210.00 15.0000 $ 30.00 52.5000 $ 105.00 250.0000 $ 250.00 300.0000 $ 300.00 240.0000 $ 240.00 887.2500 $ 887.25 1,492.0000 $ 1,492.00 252.0000 $ 252.00 1,000.0000 $ 1,000.00 250.0000 $ 250.00 15.0000 $ 15.00 152.2500 $ 152.25 500.0000 $ 500.00 99.7500 $ 99.75 20.0000 $ 60.00 56.5000 $ 169.50 11.0000 $ 33.00 52.5000 $ 157.50 11.0000 $ 33.00 20.1500 $ 60.45 1.2500 $ 2,250.00 2.2000 $ 3,960.00 1.9500 $ 3,510.00 2.2100 $ 3,978.00 1.9500 $ 3,510.00 1.7000 $ 3,060.00 12.0000 $ 8,820.00 9.3500 $ 6,872.25 11.0000 $ 8,085.00 9.2400 $ 6,791.40 11.0000 $ 8,085.00 9.2500 $ 6,798.75 2.0000 $ 5,490.00 1.3500 $ 3,705.75 1.3000 $ 3,568.50 1.3200 $ 3,623.40 1.3000 $ 3,568.50 1.3500 $ 3,705.75 6,000.0000 $ 48,000.00 900.0000 $ 7,200.00 1,620.0000 $ 12,960.00 888.3000 $ 7,106.40 1,620.0000 $ 12,960.00 888.5500 $ 7,108.40 250.0000 $ 16,000.00 200.0000 $ 12,800.00 200.0000 $ 12,800.00 196.8800 $ 12,600.32 200.0000 $ 12,800.00 196.8500 $ 12,598.40 1,500.0000 $ 16,500.00 1,650.0000 $ 18,150.00 1,690.0000 $ 18,590.00 1,629.6000 $ 17,925.60 1,690.0000 $ 18,590.00 1,629.6000 $ 17,925.60 650.0000 $ 1,950.00 480.0000 $ 1,440.00 400.0000 $ 1,200.00 420.0000 $ 1,260.00 400.0000 $ 1,200.00 525.0000 $ 1,575.00 650.0000 $ 2,600.00 480.0000 $ 1,920.00 400.0000 $ 1,600.00 420.0000 $ 1,680.00 400.0000 $ffl2,3OO.00 525.0000 $ 2,100.00 650.0000 $ 2,600.00 480.0000 $ 1,920.00 400.0000 $ 1,600.00 420.0000 $ 1,680.00 400.0000 $ 525.0000 $ 2,100.00 50.0000 $ 950.00 60.0000 $ 1,140.00 50.0000 $ 950.00 52.5000 $ 997.50 50.0000 $ 78.7500 $ 1,496.25 50.0000 $ 500.00 60.0000 $ 600.00 50.0000 $ 500.00 52.5000 $ 525.00 50.0000 $ 73.5000 $ 735.00 5,000.0000 $ 5,000.00 3,500.0000 $ 3,500.00 10,000.0000 $ 10,000.00 6,825.0000 $ 6,825.00 2,300.0000 $ 12,000.0000 $ 12,000.00 10.0000 $ 2,000.00 5.1500 $ 1,030.00 20.0000 $ 4,000.00 12.0000 $ 2,400.00 1.0000 $ 5.2500 $ 1,050.00 5,000.0000 $ 5,000.00 5,750.0000 $ 5,750.00 7,000.0000 $ 7,000.00 4,819.5000 $ 4,819.50 4,790.0000 $0 3,000.0000 $ 3,000.00 3,000.0000 $ 6,000.00 750.0000 $ 1,500.00 900.0000 $ 1,800.00 1,140.0000 $ 2,280.00 3,700.0000 $0 1,500.0000 $ 3,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Bid: As Read: 474,900.00 496,647.70 607,485.80 1 533,141.90 503,105.15 As Calculated: 474,900.00 496,647.70 .128.401 533,141.90 503,105.15 LVW tllUULK Printed 3/19/2018 BUR 12315 (Rev. 07/16/13) N�RV 0I TMC VOX nlVCC — — 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 CONSENT AGENDA SUPPLEMENT DATE: April 2, 2018 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: 2018 Hot Mix Asphalt (FOB) Materials Contract Award ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the 2018 Hot Mix Asphalt FOB Materials Contract to Curran Materials Company of McHenry, Illinois. BACKGROUND: On an annual basis, the Public Works Street Division Materials and Supplies budget includes project materials such as hot mix asphalt, portland cement concrete, and aggregates necessary for street repair projects. These materials are procured through local material suppliers and are hauled by Public Works staff to individual jobsites where they are utilized to complete repair projects such as patching. Annually, Street Division crews use up to 2,000 tons of hot mix asphalt for which the Public Works Department is billed the public "drive up" price. On March 9, 2018, four (4) bids were received for the 2018 Hot Mix Asphalt (FOB) Materials Contract. All of the bids were provided by contractors meeting prequalification requirements established bythe Illinois Department of Transportation (IDOT). The bids ranged from $38.50/ton to $48.10/ton for HMA Surface Mixture and from $36.00/ton to $44.25/ton for HMA Binder Mixture, a haul differential factor of $0.50/ton/mile was added to each per ton unit price to account for fuel and trucking costs for hauling materials from each plant location. The current "drive up" pricing at the Curran Materials McHenry Asphalt plant is $56.00/ton for HMA Surface Mixture and $52.00/ton for HMA Binder Mixture. A total savings of up to $20,875 in material cost is anticipated for the 2018 season due to a per ton savings of over $17/ton. 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: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Curran Materials Company of McHenry, Illinois. This is a unit price contract and the final contract cost will be based on actual final quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the 2018 Hot Mix Asphalt (FOB) Materials Contract to Curran Materials Company of McHenry, Illinois in the amount of $38.50/ton for HMA Surface Mixture and $36.50/ton for HMA Binder Mixture. 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. 1�117'I . • �t'-3fF Date: 3/9/2018 Time: 2:00 PM City of McHenry Public Works Department Hot Mix Asphalt FOB Materials 18-00000-01-GM Item Item Delivery Unit Quant 1 HMA SC IL 9.51 N50 FOB TON 750 Haul Differential $0.50/TON/Mile x Plant Haul Distance (Miles) 2 HMA BC IL 19.01 N50 FOB TON 500 Haul Differential $0.50/TON/Mile x Plant Haul Distance (Miles) Name of Bidder: Plant Location: Curran Materials Company Geske and Sons, Inc. Payne & Dolan, Inc. 6001 Meyer Drive 4020 Northwest Highway 28327 W. Route 173 McHenry, IL 60050 Crystal Lake, IL 60014 Antioch, IL 60002 Proposal Guarantee: Security Check Security Check Security Check Engineer's Estimate Unit Price Total Unit Price Total Unit Price Total Unit Price Total 45.00 $ 33,750,00 38.50 $ 281875,00 41.00 $ 30,750.00 48.10 $ 36,075.00 0.90 $ 675.00 4.70 $ 33525,00 6.40 $ 4,800.00 1.8 9A 12.8 40.00 $ 20,000,00 36.50 $ 18,250,00 38.00 $ 197000.00 44.25 $ 22,125,00 0.90 $ 450.00 4.70 $ 2,350.00 6.40 $ 3,200.00 1.8 9.4 12.8 Total Bid: As Read: As Calculated: 481250,00 55,625.00 66,200.00 LOW BIDDER Tabulation of Bids Date: 3/9/2018 ;ity of McHenry Mix Asphalt PC Time: 2:00 PM s Department 18-00000-01-GM Name of Bidder: Plant Location: Peter Baker on Company 32245 N. Fox Lake Road Lakemoor, IL 60050 Proposal Guarantee: Security Check Engineer's Estimate Unit Price Total Unit Price Total Unit Price Total Unit Price Total 45.00 $ 33,750.00 41.00 $ 30,750.00 3.25 $ 2,437.50 6.5 40.00 $ 20,000.00 36.00 $ 18,000.00 3.25 $ 1,625.00 6.5 Total Bid: As Read: As Calculated: 5218, 2,50 Wayne Jett Jr., Mayor 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: Apri12, 2018 TO: McHenry City Council FROM: Mayor Wayne Jett, Jr. RE Special Event Liquor License ATT: Application Agenda Item Summary: The Catholic Assistance Missions has submitted an application for a special event liquor license to sell alcoholic beverages at the annual Help 8& Hope for Haiti fundraiser. The event will be held in The Church of Holy Apostles located at 5211 W. Bull Valley Road on Saturday, April 21, from 6:00 PM to 10:00 PM. Background: The $251icense fee has been paid and all required paperwork has been submitted. Municipal Code permits eight special event licenses per applicant in a calendar year. If approved, this will be the first special event license issued to the Catholic Assistance Missions in 2018. Analysis: This an annual fundraiser has been held for over 10 years with no incidents or concerns reported. Recommendation: If Council concurs with this request, then it is recommended a motion is considered to approve the special event liquor license application for The Church of Holy Apostles as presented, The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of progrnms and services in a caistomer-oriented, efficient, and fiscally responsible manner. SPECIAL EVENT LIQUOR LICENSE APPLICATION C' ' CITY OF MCHENRY (A special event liquor license may also be required by the State Liquor Control Commission)_( www. state. it . us/Icc FEE $25.00 APPLICATION DATEll� �I COMPANY OR ORGANIZATION:( 701�M 0� ( C K 5 is; ADDRESS: l un lf, PHONE NUMBER: `7e I`� �'� O lC� 5 EMAIL:r t`5SCz. I�. r'IGk��� II iYYtj- TYPE OF BUSINESS OR ORGANIZATION: rl+Ll `Um 2. LICENSE APPLICANT: V1/1s,-fA5t>c� 3 C! 5. 6. 7, 8. ADDRESS: �� C� TELEPHONE NO.: LOCATION WHERE SPECIAL EVENT HELD: EMAIL: DATE OF BIRTH: / cITY: (non-residential premises only) i� OWNER OF LOCATION WHEERE Sf�P-E�CIAL E�V]ENT HELD: �Q �ry OWNER'S ADDRESS: �� I ' ✓" ° 0j JZOL� 6-�,`CITY: � `"` 'r L I L� TELEPHONE NUMBER: —J � s DATES) OF EVENT: LtL42� I n HOURS: 1p� l u Pm (not more than 3 days) TYPE OF ALCOHOL TO BE SERVED: ✓BEER � WINE LIQUOR V NO UNDER -AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT hereby states that the City of McHenry shall not be held liable for any occurrence, loss, damage, or inj as a result of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless in connection Mtn any and all claims arising as a result of the consumption of alcoholic liquor or as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry, of the State of Illinois, or of the United States of America, in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct to the best of his/her knowledge and belief. The undersigned is aware that state liquor licensing approval is required for this license. SUBSCRIBED and SW Notary Public DATE ISSUED EFFECTIVE DATES) 2016 QIpL SEAL" to fore rrj�raghty A arf^.la of Signature of LICENSE NO. MCHenryX 7ryi_ Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park recreation CONSENT AGENDA DATE: April 2, 2018 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities Alcohol & Special Use Permit Requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, effrcient, and fiscally responsible manner. AU UAUMMEETING ON APRIL 29 2018 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Park Purpose 06/16/18 Mary Matsoukas 2606 Wall Street PPB Birthday Party 06/23/18 Jamie Heinmeiller 2500 Polk Trail PPA Graduation Party 08/04/18 Tom Schmidt 214 N. Dale VPA Family Picnic 08/25/18 Sally Hodge 3606 James Street VPA/Gaz Wedding 08/28/18 The Chapel 1809 S. Route 31 PPC Family Picnic Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant 08/02/18 Melanie Wirth 08/03/18 Conlon & Thompson 08/04/18 Conlon & Thompson 08/07/18 McHenry Police Dept. Address 7421 Hickory Trail/WL 4104 W. Crystal Lake Rd 4104 W. Crystal Lake Rd 333 S. Green Street Park PPStage Whisp Oaks Whisp Oaks PPCBeach Special Use Wedding — PP Stage App. Party App Party Rain Date National Night Out Recreation Center Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Address Rec Center Purpose 06/16/18 Richard Bilinski 201 S. Driftwood Trail Rm AB Birthday Party McHen+rYrr, 1'AS rk. Nfura[kid IHPrtlm Rentai Date: u Name of Applicant: Group/Organization (if Address• �W \ 6 McHenry Parks & Recreation Alcohol & Special Use Permit Application Application Date: 31 Time: of Birth: Home Phone: IJi�tJG Cell Phone: ��`( --LL, Q� Vj Personal Ema Event List all activities to be BEER/WINE: (at least 4 weeks notice needed) Type of Alcohol to be Served: ine�Beer NO OTHER ALCOHOLALLOWED Amount of Alcohol: Wine Bottles #. LA_ Beer Cases #._ Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) — Equipment provided by ❑ Tent ❑Bounce House Applicant to call JULIE ❑ Tables # ❑ Performer ❑ Catered Pig Roast ❑ Other. ❑ Chairs # for stakin�bf Tents and Bounce Houses ❑ Benches # ❑ Carnival Rides Arch ❑ Wedding ❑Animals v Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol &Special Use Permit Application and will assume responsibility for any loss, damage or liability arising from the use of City of McHenry property. I also understand that not complying with the rules will result in loss of deposit. McHenry Parks & Recreation Alcohol & Special Use Permit Application PmW 6 Amtalbn Dpanm[M ,/ �jl'-'(• Rental Date: Name of Applicant:. Jamie Heinmiller Group�Organization (if applicable Address: 2500 Polk Trail Home Phone: 815-342-7685 Personal Email: Billien73@comcast.net __ _ Application Date: 5/ k ��(P�s __.Rental Time: McHenry, IL 60051 Event Title�Activity:____ Graduation Parly Attendance: 50 List all activities to be held: Games, Bouncy house if permitted BEER/WINE: (at least 4 weeks notice needed) Type of Alcohol to be Served: QWine 3o Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # 3 Beer Cases # 2 Beer Kegs # SPECIAL USE: (at least 4 weelcs notice needed) -Equipment provided by renter ❑ Tent [R Bounce House Location: po++eon-ShelterA - - - - Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses ❑ Tables # ❑ Chairs # ❑ Benches # o Wedding Arch ❑ Performer ❑ Music: o DJ ❑ Band ❑ Carnival Rides ❑ Animals ❑ Catered Pig Roast Other Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 8115-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol Sc Special Use Permit Application and will assume responsibility for any loss, damage or liability arising from the use of City of McHenry property. I also understand that not complying with the rules will result in loss of deposit. 0* Signature: __ _Date: 3/19/18 Rental Date:_ 0 Name of Applica Group/Organization (if applica Address: Home Phone: Personal Email: Event TitleJActivity: �tz� / McHenry Parks & Recreation Alcohol & Special Use Permit Application CityJStateJZi Cell Phone:_ Application Date: �I Time: /JUy./uqof Blrth: . -- crQS� dance:l �� List all activities to be held: � _ BEER/WINE: (at least 4 weeks notice needed) Type of Alcohol to be Served. Wine Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # Beer Cases # Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by ❑ Tent ❑Bounce House Applicant to call JULIE (1-800-89z-o�z3) r staking ❑ Tables # ❑ Chairs # ❑ Performer ❑Music: ❑ DJ wand ❑ Catered Pig Roast ❑ Other nts and Bounce Houses El Benches # Carnival Rides ❑Wedding Arch ❑ Animals Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol 8c Special Use Permit Application and will assume responsibility for any loss, damage or- liability arising from the use of City of McHenry prope y. I also understand that not complying with the rules will result in loss of deposit. Signature: (/ 2��(. W _ _.Date. Rental Dal ��4151+ � Oil fJaine of Applican(: _5CA11 *S .Oodle Cro(lp(Car}> >ne."Id tun (i[ .rpplic ble): _ Addr E ; ;: 3606 J Av>neS___�� I loillo Phone: Application Oate: /"1�✓i� J� 101�6 Kemal T irne: % `0o- a4r7r 060 - e%ae Gate of Bird): Mal_ _ /44 4elle t 1L. Ill lot `6iG7363z 6 G1) Evens. Tide/Activity:V L'A'Jl� c�Ali 1� hab S d'd,le dait're FlOvy''! _-lltlenrlanr List ,all ,i(dvitiec; to be held: t eddib 9_ d BUR/WINE (ot left fl wc3r_ks rrc,t.ic , noeded) Type of Alcohol to Ire, Srlrved: XWine Xrwer No a THI t, lit L COI 101. ALLOWED ,Smotim of A ohc,f: VVine} tiara I e , i` ,��? Buel Beer he w- r SPkCIAL t!. L: (,dt least L v-a eks notice, needed)-- t=.ainip ent prccwirled by renter oTelit n Bounce Howe Location:-- _ ___-- .� Alrplicanttocall Jt)LIE (r-f1ooACP012 for takingol' Tents clad [lot nteeIloti5c X i able . c`_ tJ(Clrairs ,l ~1 'b [)c ncbe :. 1 — ❑ Wedding At CI Pet foil-ner Music: u f7J o Band ❑ Carnival Rides n Animals u Catered 1='i/Z; Ro;ash vMler 4aWiy letPh Apprr,val vaill be haled on the ilern , li>t:ed above. Any other request are sul;jeCP to ir_iri her;phroval. If ;rpfaliia,ble, health perinit�, are. regtrirecl by Ira+v for cone e ;lions anti entering. Plt a,e rnnlce arrange menu to obtain peunit s,fvlcflenryCouirt% COepartrnc�ntofIle'llth: 15t, ,3q.�,BS agi z_e that all 1.1w alcohol (ow ;:iinerc will he rcrnave d by ,.rpplic+rat or placed in proper co�i �tafners on site on the ren(,il elate ,end ittai no undc r a,5c or intoxic.iie�d per�on �wil) be allot�rerl l:© e�onsunre tiny alct�hol brou;�,ht. (r7to City of iVlcHenry pr aperty under this perniit I agree ttrat none of they alcohol allo4•ded i�r City of Mr.Fl m-y properly, pursuant to this afrplitadorr will he Bald, it heirag understood that the sale of '11(ohol under this per trait issuc_ci pur�,uani to this applicatiorn is cxprer,sly prohibited. I b,ive read and will comply with I l l e She lte l kent,al tauidelines, I brave -read and under stat;d the r ule ; <incl re,;r.ilationx, that have:. berm sr,i forllt by the City o(fvle I!?nt y i eAgarding the Nrohol e'� Special U ;e Permit Applir.nticm ,end �netll rrs=,urne re5pon ;flailily i`��r' any loss, dram,et;e or liabil(ty ai i ping fre uta tI e use of city of Pll(.l leery propeii.y. I also ui ider stand d rat I K)t complying with the r ule l t,ViII r wolf in loss 01 deposit-. McHen+YMr, 75nbA Bfumdun lNpnun Rental Name of g/ cis/ % s McHenry Parks & Recreation Alcohol & Special Use Permit Application Group/Organization (if applicablep): � Address• fj S 0 °) 5. S i Ci Home Phone: 1'Ke' I gig ��~� C� Personal Email: l �a 4ir � CAA �P41-4 Event Tit1 List all activitiesto be �T 7 P cE s�s� BEER/WINE: (at least 4 weeks notice Type of Alcohol to be Served Amount of Alcohol: Application Date: ental Time: 4 a ^^ r p ✓`^ ate of Birth. e. Ph )THER ALCOHOL ALLOWED Beer Cases �Y Beer Kegs 5PECIAL u5E: (at least a weeks notice needed) -Equipment provided by renter b (o nS0 ❑ Tent ❑Bounce House Location: Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses ❑ Tabies # ❑ Chairs # ❑ Benches # ❑ Wedding Arch ❑ Performer ❑ Music: ❑ DJ ❑ Band ❑ Carnival Rides ❑ Animals +(Catered Pig Roast Other Catered pig roast -o O Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the aicohoi containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol &Special Use Permit Application and will assume responsfbllfty for any loss, damage or liability arising from the use of City of McHenry property. I also understand that not complying with the rules will result in loss of deposit. Julie Berry 3.7.18 Pairs 6 Rt[rta!!en Oryamnenf ,/ �j�• Rental Date Name of Ap Group/Organization (if Home Phone:__ Personal Email: licable McHenry Parks & Recreation Alcohol & Special Use Permit Application Cell Phone: Event Title/Activity:�/UCGtL1 IY1._ List all activities to be held: Used tlej U BEER/WINE: (at least 4 weeks notico ceded) Type of Alcohol to be Served: Wi ❑ Amount of Alcohol: ine B ttl SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter Application Date: Time• cl r 03 O 1"� f Birth• �� ! — ❑ Tent ❑Bounce House Locati Beer NO OTHER ALCOHOL ALLOWED Q es # Beer Cases # Beer Kegs # Applicant to call JULIE (1-8roo-892-o�z3) for staking of Tents and Bounce Houses ❑ Tables # �j Chairs #�0 U ❑ Benches #. ❑ Wedding Arch ❑ Performer `K` Music: DJ ❑ Band ❑ Carnival Rides ❑ Animals ❑ Catered Pig Roast ❑ Other Approval will be based on the items listed above. Any other requests are subject to further approval. if applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol 8c Special Use Permlt Application and will ' it for any loss, damage or liability arising from the use of City of Mc}lenry propert . complying wi the rules will result in loss of deposit. lilt n Signatu Conlon & Thompson Orthodontics, Ltd. SPECIALISTS IN ORTHODONTICS FOR CI III_DREN &ADULTS Michrrcl L. Coarlon, D.D.S., Ma Owl A. Thompson, D.D.S., M.S. March O5, 2018 City of McHemy Attn: Mr. Bill Hobson 333 S Green St McHenry, IL 60050 Dear Mr. Hobson, Conlon &Thompson Orthodontics, Ltd. is plamiing to host our lltl' Annual Patient Appreciation Party on Friday, August 3, 2018 (Rain Date Saturday, August 4, 2018). Again, we are applying to use Baseball field area of Ft. McHenry/Whispering Oaks Park. We are working with a company that will provide an inflatable movie screen. Our plans are to show a family friendly movie, serve popcorn, Snow Cones, Kool Aid, lemonade & water. The Dunk Tank (Dunk the Docs) is always a huge success. We will also have a couple of inflatable slides and different games, Bubbles, Balloon Maker and music. We do not charge for this event. Although Aorta potties are not required for groups under 500 on the application, you asked that we provide one. We will provide 2 porta potties and 2 washing stations in our parking lot, as we have done in the past. We already have a dumpster on our property. We would occupy the park from about 2:30 p.m. thru 11 p.m. (that includes set up and clean up). The movie starts at dusk. Approximately 300400 (total) attend at different times throughout the evening. Some come early to play the games and others come later to see the movie. The party starts at 6:00 p.m.. As we have always received in the past, we aslc for the grass to be cut that week, extra toilet paper in the park restrooms, picnic tables and additional garbage cans supplied. We thank you for your time and consideration. Sincerely, ) LZU] (14 / /t�� Michael A. Thompson, D.D.S., M.S. cc: Ms. Cindy Witt Muw6ms e�n``(j /lmerican c '�- � association of �- '`�.., Orthodontists 4"104 W. Gystal I_al<e Road McHenry, Illinois 00050 815.3�F4.2840 Fax: 815.344.2859 wavw.conlonthom�>sonorthoclonlics.corn Email: ConlonlhompsonorthoclonticsOyahoo,com �� DIPLOMATG � AMGRICAN t30ARD «_, �Il or orzTl-I000NTlcs MCI-Ienry `�� WHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION 1 j�Al r1� Contact Person: V Date of Picnic: S Company/Organization: QlAr`on � `ten ©��iaQAth ddress: `i I oil City/State/Zip: �'1�` MqN ' 6(m O -lotne�'�lione: `b (S' 311A' aq 0 Work/Cell Phone: Park: ❑ Knox Park (A only) ❑ Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B o Shelter C Other: ` �-4 t� ,�� �i 1 k 1 s1w u r �1� ► <k Arrival Time: 1Y Departure p arture Time: • � � ) ►' Total Number Attending: 300 Lion Falsifyllrg attendance nuinbers ►vill resrrlt lit loss of deposit. Groups over 500 must obtain additional: ❑ dumpsters ❑ portable toilets �c�.r.i r �nawuc� �1 �r�l cc\Yt�`�\��� \ 6kj'��1�J��. ► 1��C►��c �0.1J,Q t tLx��^i yf CJC Water, electricity and ►estrooms are available at all sites. Knox Park A has a portable restroom. r Brief description of event (company picnic, car show, craft show, wedding, etc.): A�gUc.i �'ct►1 i��1 ADn��Cicii�+��� i List all activities to be held: Mysi , 6r our C6evvws ilkwia. 5�N► *, iynK jrc1 j4xi(b1zSlI t O1 } -„ nUryr Items brought into park site: p Tables' Chairs ❑ Benches 14 cavntt-Nal-Rides ' Music ❑ Animals ❑ Catered Pi Roast Other 1r 0. V �C. vex vtnlf lSl� © S • .c� v C. hp0 u p'\-ze, , L, \Qk ��;, �, �hb1� My t�, [ \cycl n QA ► %4l.`l0.n k ❑ Tent: Location In Park, Size: Tent Staked: ❑ yes ❑ no ELECTRICAL FOR TENTS APPLICANT TO CALL JULIE (I-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock Will beer/wine be present: ❑ Ycs�No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) 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 the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this per►rit issued pursuant to tills application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. 1 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 from the use of the park pro erty. I also uiidei;k7 that not complying with the Park Permit rules will result in loss of deposit. so gnature:��( �— Date: Health per its are required by law for Zloncessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: OFFICE USE Reservation Fee: $ Date Paid: Initials: Deposit Total Fee: $ Confirmation Sent Initi als: parkslfonns\picnic 1•onnslspecial use and beer and or wine application Payment: ❑Cash ❑Check ❑Charge Submitted to City Council: Ci ty Council Approval: McHenry Parks & Recreation Alcohol & Special Use Permit Application Rental Date: �'` q .. Rental Tim Cry n Name of Appl Group/Organization (if applicable l M < <� rt U � 1 of Application Date. t IU Vf'�\ Address: d •Z % fe �4 Sar City/State/Zip: Home Phone: Cell Phone: 49 ti— Personal Email: Event Title/Activity: N ti List all activities to be BEER/WINE: (at least 4 weeks notice V G� c w� tip, i edkd) ZOO Type of Alcohol to be Served: ❑ Amount of Alcohol: ante i�E� Lw� A �L(�- er NO OTHER ALCOHOL ALLOWED Beer Cases # Beer egs #. K SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter bff entBounce House Location: Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses .�yTables # 3 ❑ Chairs # ❑ Benches # ❑ Wedding Arch ❑ Performer ❑ Catered Pig Roast W ther_ ❑ Music: ❑ DJ ❑Band ❑Carnival Rides ❑Animals Approval will be based on the items listed above. Any other requests are subject to further approval. If applicableI health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol &Special Use Permit Application and will assume responsibility for any loss, damage or liability arising from the use of City of McHenry property. I also understand that not complying with the rules will result in loss of deposit. IV Date: �� �'`� McHenry Parke A Re"eallon Ulµlttmeal - Rental Date: b/ I k5 / I.0 5k Group/Organi zation (if applicable): \ddress•0101 �' 3?5 Home Phone: McHenry Recreation Center Alcohol & Special Use Permit Application Application Date: 3 / I I i Rental Time:._.._ l� r� Date of Birth: City/State/Zip: Cell Phone: Personal Email i - \L �t1 _ _1 c1 (�► �p 20�� . Lco Event Title/Activity : V;? rzm (vtoxV ALCOHOL FEE $25.00 (at least 4 weeks notice needed) Type of Alcohol to be Served Amount of Alcohol: SPECIAL USE NO FEE (at least 4 weeks ❑ Tent ❑Bounce House �FVVine €#Beer Wine Bottles # IT Beer Cases # needed) — Equipment provided by renter Applicant to call J U LIf: (1-800-8gz-o1 z3) Tables #_ ❑ Chairs # ❑ Wedding Arch ❑ Music: ❑'DI ❑ Ice Sculpture ❑ ❑ Other Tents and Bounce Houses Performer ❑ Band ❑ Fountain ❑Photo Booth FiT•L; Beer Kegs # b� ❑ Helium Tanl< (waiver required) ❑ Cotton Candy/Popcorn Machine ❑ Portable Electronics Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into the McHenry Recreation Center under this permit. I agree that none of the alcohol allowed in the McHenry Recreation Center, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the Recreation Center Rental Guidelines. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the McHenry Recreation Center Alcohol & Special Use Permit Application and will assume responsibility for any loss, damage or liability arising from the use of city property. I also understand that not complying with the rules will result in loss of deposit. ��I REGULAR MEETING March 5, 2018 Mayor Wayne Jett called the regularly scheduled March 5, 2018 meeting of the McHenry City Council to order at 7:00 pm in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. In attendance were the following Councilmembers: Condon, Devine, Mihevc, Curry, Schaefer, Glab, and Santi. Also in attendance: City Administrator Morefield, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, Director of Public Works Schmitt, Director of Community Development Polerecky, Director of Finance Lynch, and Deputy Clerk Geraghty. PUBLIC HEARING CONCERNING AMENDMENTS TO MEYER MATERIAL COMPANY LLC ANNEXATION AGREEMENTS. Mayor Jett called to order the Public Hearing concerning Amendments to Meyer Material Company, LLC Annexation Agreements at 7*01 PM. Mayor Jett announced he would open the floor for Public Comment after which he would request a motion to continue the Public Hearing to April 16, 2018. Mayor Jett opened the floor for Public Comment. Ms. Gerry Stueckemann, 6630 Hayward Ct., McHenry, IL expressed her opposition to the gravel pit operation citing noise and hours of operation violations and noted that 69 of five homeowners in the Woodcreek subdivision are opposed to the gravel pit. Ms. Stueckemann stated in her opinion the 14 year extension to the agreement was too long and suggested instead of increasing the area south of Route 120 to 14 years, reduce the area north of Route 120 to six years and an overall extension to 10 years. She also suggested an increase in the city stipend. Mr. Nicholas Finia, 6805 Burning Tree Drive, McHenry, IL expressed his opposition to the gravel pit operation due to excessive noise in the early morning hours and excessive dust in the air adding he was told when he purchased his home that it would end in 2018. Mr. Finia also suggested the term of the extension be reduced and the bond amount required be increased. Ms. Patricia Schatz 6118 Chickaloon, McHenry, IL expressed her concern about the 5:00 AM pit operation startup. Mr. Terrance Nadar, 1213 Matanuska, McHenry. IL expressed his concern over the age of the reclamation plan. Ms. Mary H. Nadar, 1213 Matanuska, McHenry, IL expressed her concern about the noise from the pit operations and suggested the term be extended for four years with a review at the end of the term to determine if compliance with city ordinances. Ms. Jackie Matthiesen, 6712 Burning Tree Drive, McHenry, IL. Expressed concerns over the Regular City Council Meeting Page 2 March S, 2018 safety and health of Valley View School students that might be affected by excessive noise and poor air quality due to pit operations. Mr. Jav Matthiesen, 6712 Burning Tree Drive, McHenry, IL stated in his opinion there is no benefit to the city to continue the agreement; the only seems to be for Meyer Material. As there was no other public comment, Mayor Jett called for a motion to continue the Public Hearing to the April 16, 2018 meeting. Alderman Curry stated that in a previous conversation he had with City Administrator Morefield, he suggested closing not continuing the Public Hearing, which would require the applicant to publish another notice for the new hearing date. Alderman Curry made a motion to close the Public Hearing, second by Alderman Santi. Alderman Santi asked if the hearing would have to be held at each meeting until April 16 and City Administrator answered the Public Hearing continuance is date specific and in this case would be held on April 16. Alderwoman Condon asked if there was a legal recommendation and City Administrator Morefield answered no. Alderman Glab noted he had never witnessed a public hearing be closed and not continued. When continued, the public has been well informed. This is a burden that that should not be placed on the petitioner or the city and suggested continuing the hearing but require the petitioner to post signage, similar to a zoning hearing. Director Martin stated for annexation signs are not required, only a notice is required in the newspaper. Alderwoman Condon has no objections to closing the hearing and setting a new published hearing date adding that she would be uncomfortable requiring signs or anything other than what is specifically stated in the Ordinance without the City Attorney's advice. Alderman Schaefer asked City Administrator Morefield for more information about the conversation Alderman Curry referred to so that he could have a better understanding. City Administrator Morefield said the question posed was if the hearing was closed instead of continued, would the petitioner be required to republish and the answer was yes, the petitioner would be required to republish in the newspaper. Alderman Schaefer asked if the notice would be published on the city website and other social media sites and City Administrator Morefield answered yes. Alderman Schaefer asked if the April 16 date was also discussed at the Planning and Zoning Hearing as well and City Administrator Morefield answered no, it was not. The reason the hearing is held this evening is due to the publication deadline. After the petitioner published the notice on February 16 for the March 5 meeting, they requested a continuance to April 16, Regular City Council Meeting Page 3 March 5, 2018 which would require a continuance. City Administrator IVlorefield clarified the public hearing process is for the requested amendment to the annexation agreements. Consideration of variances and conditional use permits are separate items scheduled for the April 2, 2018 Council meeting as a regular agenda item. City Administrator Morefield stated if the hearing were closed instead of continued, publication A a notice would be required in the newspaper. Mayor Jett clarified that a motion was on the table to close the Public Hearing, which would require the applicant to publish another notice for the new hearing date and asked the Clerk to call the roll. Voting Aye: Curry, Santi, Condon, Devine, Glab, Mihevc, Schaefer Voting Nay: None Absent: None Motion Carried. The Public Hearing was closed at 7:50 PM. On behalf of the City Council and staff, Mayor Jett thanked the residents present at the meeting for their attendance and assured them he would always listen to their concerns. PUBLIC COMMENT None. CONSENT AGENDA A. General Fund budget amendment in the amount of $1701000 for the purchase of two vacant parcels of land for the Lakeland Park Drainage Project; Be Ordinance amending Municipal Code Chapter 12, Licenses and Permits Generally, Sec. 12-64 Prizes of the City of McHenry Municipal Code relating to Raffles; C. Special use and temporary sign permits and waiver of associated fees for annual Back to Family Outdoor Movie Night in Veterans Memorial Park on Friday, September 7,14, 21, & 28, from 4:00 PM to approximately 9:00 PM; D. Special use and temporary sign permits and waiver of associated fees for annual Green Street Cruise Night on Monday evenings, June 4 — October 15, 6:00 PM to 8:30 PM; E. Temporary Use Permit Request from Corkscrew Point, 1402 N. Riverside Drive to host an outdoor event with a tent over St. Patrick's Day Holiday Weekend; F. Special Event Liquor License for McHenry Downtown Business Association Beer, Bacon &Bikes event on April 7 from 1:00 PM to 4:00 PM; G. Use of Petersen Park, Special Event Liquor License, and waiver of park use fees for Rotary Sunrise Community Oktoberfest, September 22, from 12:00 PM to 9:00 Regular City Council Meeting Page 4 March 5, 2018 PM; H. Retail sale of beer and wine in Veterans Memorial Park during Thursday Night City Band Concerts June through September 2018; I. Pay Application #24 to Williams Brothers Construction in the amount of $811,982.27 for Wastewater Treatment Plant Improvements; At Alderman Santi's request, Mayor Jett announced Consent Item E was pulled from the Consent Agenda and would be voted as a separate item. Alderman Santi announced he would recuse himself from the discussion of Consent Item E as he has a business relationship with the applicant. At Alderwoman Curry's request, Mayor Jett announced Consent Item J was pulled from the Consent Agenda and would be voted on as a separate item. Motion by Alderman Santi, second by Alderwoman Condon, approving Consent Agenda Items A,C,D,F,G,H,I,J,K,L,and M. Alderman Schaefer recommended Cruise Night update their parking map. Director Hobson said he would speak to the organizer of the event. Mayor Jett announced Alderman Schaefer requested item J was pulled from the Consent Agenda and called for an amended motion. Alderman Santi amended his motion, second by Alderwoman Condon approving Consent Agenda items A,C,D,F,G,H,I,K,L,and IA. Voting Aye: Santi, Condon, Curry, Devine, Glab, Mihevc, Schaefer Voting Nay: None Absent: None Motion carried. Consent Item E• Temporary Use Permit Request from Corkscrew Point. 1402 N. Riverside Drive to host an outdoor event with a tent over St. Patrick's Day Holiday Weekend. Motion by Alderwoman Condon, second by Alderman Schaefer to approve Consent Agenda Item E as presented. Alderman Schaefer asked if there was enough room to erect the tents as proposed. Director Polerecky stated the tents would fit where proposed. The applicant John Macrito approached the podium and stated the lot is 47' wide and tents would be erected on the waterside. Voting Aye: Condon, Schaefer, Curry, Devine, Glab, Mihevc Regular City Council Meeting Page 5 March 5, 2018 Voting Nay: None Abstain: Santi Absent: None Motion carried. Consent Item J: Parks Use/Facilities Permits. Motion by Alderman Curry, second by Alderman Santi to approve Consent Agenda Item J, Parks Use/Facilities Permits. Alderman Curry said he noticed eight out of 17 applications are not properly completed. In his opinion, the Council should vote on properly completed documents. Director Hobson stated he would ensure the applications are properly completed prior to the rental date. Voting Aye: Curry, Santi, Condon, Devine, Glab, Mihevc, Schaefer Voting Nay: None Absent: None Motion carried. Consent Item B: Ordinance amendine Municipal Code Chapter 12, licenses and Permits Generally, Sec.12-64 Prizes of the City of McHenry Municipal Code relating to Raffles. Motion by Alderman Schaefer, seconded by Alderman Curry to approve Consent Agenda Item B as presented. Alderman Schaefer asked how the winnings are dispersed for the VFW Queen of Hearts raffle and how it related to city ordinance. Ben Keefe Jr. Vice Commander of the VFW and Queen of Hearts Committee Chair was asked to step up to the podium and explain the percentage dispersed to various entities for the Queen A Hearts raffle. Mr. Keefe reported 60% of each winning pot was awarded to the person who draws the Queen of Hearts; 20% was awarded to the VFW building fund; and 20% would be placed in the pot for the next round of raffles. City Administrator Morefield clarified the maximum prize amount to be awarded per the current ordinance is $500,000 and the proposed amendment would allow the maximum cash prize award to be $1,000,000. Alderman Glab questioned the benefit of having a limit and suggested eliminating it. City Administrator Morefield said non -home rule municipalities are required to limit the cash prize and although McHenry is Home Rule, staff recommends maintaining a limit. City Administrator said staff would investigate the legality of a non -home rule municipality eliminating the limit. Voting Aye: Schaefer, Santi, Mihevc, Glab, Devine, Curry, Condon. Voting Nay: None Regular City Council Meeting Page 6 March 5, 2018 Absent: None Motion carried. STAFF REPORTS Director of Parks and Recreation Hobson announced the inaugural McHenry Shamrocks the Fox community event would take place March 17 and March 18. MAYOR AND CITY COUNCIL COMMENTS Mayor Jett announced the State of the City went well and he thanked the Alderman who attended and City Staff for assisting with the event. Alderman Schaefer thanked Director Polerecky and the Community Development Department for assisting him with political campaign signs recently installed in unapproved areas throughout town. ADJOURNMENT Motion by Alderman Curry, second by Alderman Santi to adjourn the meeting. Voting Aye: Curry, Santi, Schaefer, Condon, Devine, Glab, Mihevc. Voting Nay: None Absent: None. Motion Carried. The meeting adjourned at 8:15 PM. Mayor Deputy City Clerk REGULAR MEETING March 19, 2018 Mayor Wayne Jett called the regularly scheduled March 19, 2018 meeting of the McHenry City Council to order at 7*00 pm in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. In attendance were the following Councilmembers: Condon, Devine, Mihevc, Curry, Schaefer, Glab, and Santi. Also in attendance. City Administrator Morefield, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, Director of Public Works Schmitt, Director of Community Development Polerecky, Director of Finance Lynch, City Attorney David McArdleI ZRFM, and Deputy Clerk Geraghty. PUBLIC COMMENT Attorney Tom Zanck of Zanck, Coen, Wright & Saladin. Mr. Zanck who represents Meyer Material, apologized to the City Council stating that had they known the public hearing on March 5th was to proceed, he and his client would have appeared and that they look forward to attending the April 2 and April 16 Council meetings. Mr. Nicholas Finia, 6805 Burning Tree Drive, McHenry, IL. Mr. Finia read aloud a letter from Mr. Scott Wolff, 6519 Burning Tree Circle, contesting the proposed Meyer Materials Annexation Amendment and his desire for the Council to reduce the length of the proposed term of the agreement. Mr. Richard Loesch, 6310 Chickaloon, McHenry, IL. Mr. Loesch announced he is a Board Member of the Glacier Ridge Homeowners Association and stated that it is evident to him that the proposed extension of the Meyer Material annexation is closer to the homes and the crusher was also been moved. Mr. Loesch expressed his desire for the Council to limit the term of the amendment from 14 years to 10. Mayor Jett thanked everyone for their comments. CONSENT AGENDA A. Professional Services Contract with Baxter &Woodman, Inc. for Recreation Center Parking Lot Expansion in an amount not to exceed $36,275; B. Professional Services Contract with Hampton, Lenzini &Renwick, Inc. for Bull Valley Road Multi Use Path Phase 1 Design Engineering Services in an amount not to exceed $104,087, (MCDOT @ 80% - $83,269.60; City of McHenry @ 20% - C. Rejection of all bids received for 2018 Municipal Mowing Program; Waive Advertising for Bids; and, Award of a three-year contract for the 2018 Municipal Mowing Program with a 20% performance bond and option to renew for an additional two years, to Clearview Landscape Construction of Harvard, IL for the amount of $3,545/week; D. Resolution authorizing a budget amendment to the Developer Donations Fund for $86,556.40 for Miller Riverfront Park Boat Launch Paving and Lighting project; Regular City Council Meeting Page 2 March 19, 2018 award paving contract to Peter Baker & Son for $10,856.40* and award installation of lighting contract to Associated Electrical Contractors for $75,700; E. Tenant Farm Lease Agreement with Charles Schaefer for 32.7 acres located at the southwest corner of Curran Road and Route 120 for a one year term for $500; F. Renewal of tenant farm lease agreements with 1) James Finch for approx. 24.5 acres located off Curran Road (PIN 09-33400-003) for an annual payment of $3,014; and 2) Kevin Bauer for an approx. 50-acre section of the Petersen Farm property for an annual payment of $9,100; G. Resolution authorizing update of City of McHenry Official Zoning Map and Publication of a Notice of Zoning Map Update; H. Parks Use/Facilities Permits; I. January 29, 2018 Committee of the Whole minutes; J. Issuance of Checks in the amount of $1,155,336,54; and K. Payment of Bills in the amount of $778,627.76. At Mayor Jett's request, Consent Item 5-F was pulled from the Consent Agenda and would be voted as a separate item. Motion by Alderwoman Condon, second by Alderman Curry, approving Consent Agenda Items A,B,C,D,E,G,H,I,J,and K. Alderman Curry inquired about Item 5-C mowing contract stating he was concerned about the 20% performance bond that is no longer required and expressed concern about the city's liability should an incident occur. Attorney McArdle stated liability is not covered in a performance bond. Performance bonds are a guarantee to make sure the job is completed as contracted. Regarding Item 5-D, Alderman Glab asked for the balance of the Developer Donation Fund. Director Lynch reported the fund has a $1.11vi balance. Voting Aye: Condon, Curry, Devine, Glab, Mihevc, Santi, Schaefer Voting Nay: None Absent: None Motion carried. Consent Item 5-F: Renewal of tenant farm lease agreements with 1) lames Finch for approx. 24 5 acres located off Curran Road (PIN 09-33-100-003) for an annual payment of $3,014: and 2) Kevin Bauer for an approx 50-acre section of the Petersen Farm property for an annual payment of $9,100. Mayor Jett called on Director Hobson to explain why this item was pulled. Director Hobson stated the Bauer lease agreement was amended to reflect the new per acre rate of $173.25/acre for an annual total of $8,662,50. The Finch lease was not changed. Regular City Council Meeting Page 3 March 19, 2018 Alderman Schaefer asked now staff determines the per acre price. Director Hobson noted the price per acre for many of the city's leases were inherited. When opportunities arise to raise the cost staff issues an RFP for a new tenant, which was done with the Petersen Ball Field Annex lease. Now that the Riverside Hollow and Petersen Ball Field Annex leases are not renewed, the city will, once again issue RFP's to lease the land for an appropriate per acre price that conforms more closely with the average farmland cash rents in McHenry County. In addition, the various parcels have different soil conditions, which affects rent values. Alderman Santi asked if the 14-acres omitted from the Bauer lease is kept for city use. Director Hobson stated it is not usually omitted. In the past, it was for a corn maze. This year, staff will be presenting a proposal for use of that land at a future Council meeting. Alderman Curry asked if the Bauer lease represents an increase from last year and Director Hobson said no, the rent was frozen due to decreases in the price of corn, which is the reason why two tenant farmers chose not to renew their leases with the city. Mr. Bauer and Mr. Finch are long-term tenants with the city and staff recommends this is fair. Alderman Curry noted the average land lease in the County is $212 per acre and asked if these properties are below average and Director Hobson said due to the size and yield, the answer is (es. Alderman Schaefer made a motion, seconded by Alderman Santi to approve the rrenewal of tenant farm lease agreements with 1) James Finch for approx. 24.5 acres located off Curran Road (PIN 09-33400-003) for an annual payment of $3,014; and 2) Kevin Bauer for an approx. 50-acre section of the Petersen Farm property for the amended annual payment of $8,662.50. Voting Aye: Schaefer, Santi, Mihevc, Glab, Devine, Curry, Condon Voting Nay: None Absent: None Motion carried. INDIVIDUAL ACTION ITEM AGENDA: A. Motion to adopt an Ordinance Annexing the property located at 2907 W. Illinois Route 120, Property Index Number 09-36-102-003. Director Martin announced the owner of the property located at 2907 W. Illinois Route 120, has requested annexation to connect to the city's sanitary sewer system. Alderman Glab asked why the applicant is not connecting to the water service. Director Martin said connection to the water system would be impractical as the service is located behind the properties across Route 120. Alderman Glab asked if there was water available on the south side of Route 120. Director Martin said it is several hundred feet down the road. Regular City Council Meeting Page 4 March 19, 2018 Alderman Glab asked about the condition of the road in front of the property and Director Schmitt stated it is a city roadway. Alderman Santi made Cl motion, seconded by Alderman Mihevc to adopt an Ordinance Annexing the property located at 2907 W. Illinois Route 120, Property Index Number 09- 3&102-003. Voting Aye: Santi, Mihevc, Schaefer, Glab, Devine, Curry, Condon Voting Nay: None Absent: None Motion carried. B. Adopt an Ordinance approving a Use Variance to allow a Tattoo Parlor at 3929 W. Main Street. Director Martin stated the applicant is requesting a Use Variance to allow a Tattoo Parlor at 3929 W. Main Street is presented with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months. • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff. • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application. • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. Alderman Santi stated he spoke to the applicant, Derek Zuenert, prior to the meeting about the history and concern about the type of businesses located on Main Street noting a tattoo parlor was denied on Main Street and an alternate location was found for the business. Alderwoman Condon asked how much of the business involved painting, prints, and clothing as referred to in the packet. Mayor Jett invited the applicant Derek Zuenert to the address the Council. Mr. Zuenert stated he would be selling his original prints and t-shirts. Alderwoman Condon noted there was an art studio component also referred to in the supplement and Mr. Zuenert stated his business would also be an art gallery where people can view different forms of tattoos. Regular City Council Meeting Page 5 March 19, 2018 Alderwoman Condon said there has been opposition in the past from the Council regarding Tattoo Parlors however not on her part. She believes the body is another form of canvas. Woman of all ages are now getting tattoos and she urged everyone to dispel the image that tattoo parlors can be rough around the edges. Art comes in many forms and the city has a businessman who is willing to rent a vacant location on a downtown street. The success of the business is on the applicant not the city and we should provide young business people an opportunity to succeed. Mr. Zuenert told the Council he has a substantial amount of support behind his business. Alderman Glab stated the proposal is no different from the proposal that was denied several months ago and he has not changed his mind since that time. He stated that we have two tattoo parlors in town and would not support the proposal presented. Alderman Curry said in his opinion since the other proposal that was presented in the past had not changed and that there are other locations in town that would be more suitable, he would not support the proposal. Alderman Devine said he agreed with Alderwoman Condon and did not see a problem with approving the business at this location. Tattoos are no longer taboo and are accepted everywhere. Mayor Jett opened the floor for public input. Ms. Sky Christensen addressed the Council stating she is the applicant's girlfriend. She stated this shop would not impact much of McHenry as it is by appointment only. There would not be foot traffic going in and out of the area. She added the space is worn, ceiling tiles are falling, carpet is dirty, and the walls need painting, which they are willing to finance and work to improve the space. She concluded by stating that Mr. Zuenert has a huge following in McHenry and creates beautiful art. 1. As there was no further public comment, Mayor Jett called for a motion. Alderwoman Condon made a motion, second by Alderman Devine to adopt an Ordinance approving a Use Variance to allow a Tattoo Parlor at 3929 W. Main Street. Alderwoman Condon reiterated her support for the shop and stated her concern about the judgements made regarding the type of customers who would patronize the shop. Alderman Santi said he is comfortable with this type of business in town; his concern is the redevelopment of Main Street and the downtown areas. Regular City Council Meeting Page 6 March 19, 2018 Alderman Devine stated that he had been on the Council for one year and in that time, he has not seen any new businesses on Main Street and asked are we going to continue to hope and wait for something else to come in or are we going to give the applicant a chance. Alderman Glab suggested the city determine how we compare to other communities regarding tattoo parlors. Alderman Schaefer said from his standpoint, the Council's personnel opinion is one thing however, their representation of the people is what he has always taken into consideration and obviously is a big part of this decision. Voting Aye: Condon, Devine, Mihevc, Schaefer Voting Nay: Curry, Glab, Santi Absent: None Motion carried. C. Motion to adopt an Ordinance approving a Conditional Use Permit to allow an Open Sales Lot for the property located at 4719 West Elm Street. Director Martin announced the Council is being asked to approve a Conditional Use Permit to allow an Open Sales Lot for the property located at 4719 West Elm Street. This is the southwest corner of Elm Street and Meadow Lan. Alderman Santi noted the building must be built out and the lot paved in two years and Director Martin answered yes. Alderman Santi asked if the temporary building would be connected to city water and sewer and Director Martin stated it must comply with all building codes. Alderman Schaefer said he is in favor of the sale of hybrid vehicles however, the Planning and Zoning minutes stated they will also sell government and police vehicles. Mayor Jett invited the applicant Mr. Yousef Dabbagh, to approach the podium to answer council's questions. Alderman Schaefer asked for the percentage of space the non -hybrid vehicles would be stored on the lot. Mr. Dabbagh stated there would only be about five or six out of 20 vehicles that would be on the lot. Alderman Schaefer asked other than non -hybrid vehicles what would we see on the property. Mr. Dabbagh said there would be some police vehicles but they would be 2015 or 2016 models in good shape. Alderman Glab stated he previously met the applicant and was not worried about the type of vehicles that would be on the lot but that the two-year limit may be too strict Regular City Council Meeting Page 7 March 19, 2018 and would support imposing a five-year condition. Alderwoman Condon said the lot is challenging and that this proposal will improve the area. Alderman Sand asked the applicant if he had other locations. Mr. Dabbagh said he had other partners in Chicago with small lots with the same types of vehicles as they are in high demand with many fleet customers. The size of the lot for this business is not critical, only the type of vehicles available. Alderman Curry said he would prefer to see the lot paved in two years. He also asked about which mobile building in the packet will be utilized and would it be landscaped. Mr. Dabbagh stated which unit he would be installing and assured the Council he would landscape the area. Motion by Alderman Curry, second by Alderman Santi to adopt an Ordinance approving a Conditional Use Permit to allow an Open Sales Lot for the property located at 4719 West Elm Street with the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building. • Applicant must file building permit application for a new building and repave entire lot within five years of City Council approval, contemporaneously with the construction of the new building. Voting Aye: Curry, Santi, Schaefer, Condon, Devine, Glab, Mihevc Voting Nay: None Absent: None Motion carried. D. Motion to adopt an Ordinance approving a Conditional Use Permit to allow the Outside Storage of Vehicles in conjunction with a towing business for the property located at 3014 W. Route 120. Director Martin stated Council is being asked to consider a Conditional Use Permit to allow the Outside Storage of Vehicles in conjunction with a towing business for the property located at 3014 W. Route 120. Alderman Glab asked if the original Conditional Use expired on this property. Director Martin said there was a conditional use but the storage was limited as to where it could be located and limited to the previous business. There was no legal conditional use as the use was grandfathered when the property was annexed to the city. Regular City Council Meeting Page 8 March 19, 2018 Alderman Schaefer said he was concerned about damaged and inoperable vehicles being stored on the property. Mayor Jett asked the applicant, Mr. Rick Miller to address the Council. Mr. Miller stated the cars leaking oil will be cleaned before they are parked in the lot. If they are drastically leaking fluids, the vehicles will be drained inside the building and then stored outside. Alderman Schaefer reported the previous business owner would park tow trucks and move cars in the middle of Route 120. Mr. Miller stated that would not be a problem with his business because the previous owner had more trucks than he and since this will be his second location, he will have only one or two trucks at the site at one time. Alderman Curry asked if there was a time limit on how long an inoperable vehicle could be parked in the lot. Chief Birk addressed Alderman Curry's concern and stated the Phoenix Towing has asked to be accepted on the Police towing list and that is why they wish to open a location in town. Most vehicles that are towed to a facility have an impound fee assessed by the city or there may be a hold on the vehicle associated with an arrest. Depending on the condition of the car, it is common that the owner will walk away from the vehicle and not claim the car or pay the bill. When this occurs, the Police Department must begin a junk vehicle certificate process, which can take 45-90 days to get the certificate to the towing company so they can sell it for scrap and remove it from their lot. Towing companies do not want vehicles on their lots for a long time as they usually have a limited amount of space and will have no place to tow the car. Alderman Santi asked if there was access to the VFW property and Mr. Miller stated yes however, it is fenced and screening will be erected. After further discussion, Director Martin stated the language in the supplement regarding the condition to prevent leaking vehicles from being stored outside was awkward and would be clarified to read that "all vehicles, which may potentially leak automobile fluids, shall be stored inside only." Motion by Alderman Santi, second by Alderman Condon to grant a Conditional Use Permit to allow the Outside Storage of Vehicles in conjunction with a towing business for the property located at 3014 W. Route 120 conditioned on the following. • The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. Regular City Council Meeting Page 9 March 19, 2018 • All vehicles, which may potentially leak automobile fluids, shall be stored inside only. • The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. • The fence shall be repaired, so it is completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. E. Motion to adopt an Ordinance amending various sections of Municipal Code Chapter 4, Alcoholic Beverages, and Chapter 9 Devices, Coin -Operated. Alderwoman Condon said the proposed amendment makes sense and she expressed her support. Alderman Glab asked if a business closes mid -year are the license fees refunded and Mayor Jett answered no. Alderman Glab stated in his opinion he does not see why a viable business would not pay the full license fee. Alderman Glab asked about the amount of the fee. City Administrator Morefield stated it depends on the type of license requested. Alderman Glab asked about a pouring license. Deputy Clerk Geraghty reported the type of license held for business with a full bar is a Class A license and the fee is $1,400 per year. Alderman Glab said the amount of good will this would create is worth the decrease in the fee. Motion by Alderman Schaefer, second by Alderwoman Condon to adopt an Ordinance amending various sections of Municipal Code Chapter 4, Alcoholic Beverages, and Chapter 9 Devices, Coin -Operated. Voting Aye: Schaefer, Condon, Curry, Devine, Glab, Mihevc, Santi Voting Nay: None Absent: None Motion carried. STAFF REPORTS Director Schmitt announced the bi-annual Electronic Waste Curbside Disposal program organized by Prairieland Disposal on residents regular pickup day will begin next Monday. Director Hobson thanked the city sponsors and everyone who helped organized the McHenry Shamrocks the Fox event. Referring to Attorney Tom Zanck's comments made at the beginning of the meeting regarding Meyer Material, City Attorney McArdle apologized for not attending the March 5 meeting as he also thought the Public Hearing would be continued. And, before Meyer publishes another notice in the newspaper, he asked the Council if they were still committed to considering the proposal from Meyer Material. By a show of hands, the Council concurred to bring the matter Regular City Council Meeting Page 10 March 19, 2018 forward. Attorney McArdle distributed a memorandum to the Council and asked for direction from the Council as to how they want this matter to proceed. The continued discussion and vote is scheduled for April 16 meeting. Staff would be grateful for as much direction as the Council can provide prior to the April 2 meeting. Draft ordinances will be presented to the Council on April 2nd Alderman Glab expressed his views on the proposed buffer to deflect some of the noise caused by the pit operations. Attorney McArdle stated this discussion should continue with Meyer present so that we can get some answers and they are aware of our concerns. Alderman Glab asked staff to compare the price per ton paid to other communities with pit operations. Alderwoman Condon stated she agreed with Alderman Glab's comments and would like to know what other communities are paid per ton. Alderman Curry stated the petitioner could have been at the March 5 meeting. The Council and the residents knew about it and they attended the meeting. Alderman Curry asked the Council to review the information submitted by City Administrator Morefield and Director Martin noting it does not come close to the issues raised by the residents. The Council agreed to invite representatives from Meyer Material to the April 2 discussion. MAYOR AND CITY COUNCIL COMMENTS Mayor Jett announced the McHenry Shamrocks the Fox event was a huge success and he thanked Director Hobson, Superintendent Gorniak and the Parks Maintenance staff for all that they did to ensure the community was safe and the event was a success. Alderman Schaefer agreed the event was a success, thanked the community and businesses for their support, and looks forward to next year's event. Alderwoman Condon announced that many of the events were family events and the amount of children in the area was phenomenal. Alderman Glab suggested the family events start earlier next year. Alderman Santi said regarding the Tattoo Parlor, a key element missing in the discussion was that it is our duty the building owners on Main Street offer a good product. Alderman Glab suggested the city review its condemnation ordinances. Regular City Council Meeting Page 11 March 19, 2018 ADJOURNMENT Motion by Alderwoman Condon, second by Alderman Santi to adjourn the meeting. Voting Aye: Condon, Santi, Schaefer, Devine, Glab MihevcI Curry. Voting Nay: None Absent: None. Motion Carried. The meeting adjourned at 8:45 PM. Mayor Deputy City Clerk McHenry, IL Vendor Name Vendor: ADAMS, RUSSELL ADAMS, RUSSELL Vendor: AIRGAS SAFETY INC AIRGAS SAFETY INC AIRGAS SAFETY INC AIRGAS SAFETY INC Payable Number INV0005556 9950133899 9950133899 9950133999 Vendor: AMERICAN RED CROSS AMERICAN RED CROSS 22084911 Vendor: AMERICAN SOLUTIONS FOR BUSINESS AMERICAN SOLUTIONS FOR INV03458714 AMERICAN SOLUTIONS FOR INVO3458715 Vendor: BEGGS, ICEVIN BEGGS, 1<EVIN INV0005557 Vendor; BIRK, JOHN BIRK, JOHN INV0005560 Vendor: BLUE LINE, THE BLUE LINE, THE 36799 BLUE LINE, THE 36808 Vendor: BURRAFATO, SAM BURRAFATO,SAM INV0005561 Vendor: CALABRESE, ANOTNIO CALABRESE, ANOTNIO INV0005562 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 206506 CENTEGRA OCCUPATIONAL 206609 CENTEGRA OCCUPATIONAL 206830 CENTEGRA OCCUPATIONAL 206921 CENTEGRA OCCUPATIONAL 207085 CENTEGRA OCCUPATIONAL 207376 Vendor: COMED COMED INV0005563 COMED I1mV0005563 COMED INV0005564 Vendor: CONDUENT HR CONSULTING LLC CONDUENT HR CONSULTING 2369254 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0005565 CONSTELLATION NEWENERGY INV0005565 it of Bills Council Meeting 4=2=16 Post Date Description (Item) Account Number Amount 04/02/2018 TUITION REIMB 510-32-5440 525.00 Vendor ADAMS, RUSSELL Total: 525.00 04/02/2018 HELIUM TANK LEASE 100-46-6110 33.80 04/02/2018 HELIUM TANK LEASE 100-47-6110 33.06 04/02/2018 HELIUM TANK LEASE 400-40-6110 33.06 Vendor AIRGAS SAFETY INC Total: 99.92 04/02/2018 CERT- BOLAND 100-47-5430 28.00 Vendor AMERICAN RED CROSS Total: 28.00 04/02/2018 PROMO BAGS 100-01-5110 442.92 04/02/2018 CHAMBER EXPO - PROMO 100-01-5110 221.55 Vendor AMERICAN SOLUTIONS FOR BUSINESS Total: 664.47 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04(02/2018 04/02/2018 04/02/2018 04/02/2018 04/02/2018 04/03/2018 04/03/2018 SUPP REIMB CLOTHING REIMB 510-32-6110 Vendor BEGGS, KEVIN Total: 100-22-4510 Vendor BIRI<, JOHN Total: RECRUIT LIST 100-21-5110 RECRUIT LIST 100-21-5110 Vendor BLUE LINE, THE Total: UNIFORM REIMB 100-33-4510 Vendor BURRAFATO, SAM Total: UMP 100-47-5110 Vendor CALABRESE, ANOTNIO Total: L ROSE inn -01-5110 ERSCRN-JCONWAY 610-00-6940 SCRNS - K BEGGS, D 100-01-5110 PANEL-K BAUER 100-01-5110 RAPIDS-DRUML,C SMITH, Z 100-01-5110 RAPID PANEL-HEMPHILL 100-01-5110 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: UTIL 510-31-5510 UTIL 510-32-5510 UTIL 510-32-5510 Vendor COMED Total: SVS FEES 600-00-6960 Vendor CONDUENT HR CONSULTING LLC Total: UTIL 100-33-5520 UTIL 100-33-5520 �LiLi}y 74.85 204.21 204.21 298.00 348.00 646.00 25.80 25.80 100.00 100.00 35.00 130.00 180.00 35.00 150.00 35.00 565.00 1,719.02 21112,03 4,691.22 %522.27 85.50 85.50 1,361.79 332.81 3/28/2018 9:00:51 AM Expense Approval Register Vendor Name Payable Number CONSTELLATION NEWENERGY INV0005565 CONSTELLATION NEWENERGY INV0005565 Vendor:CORKSCREW POINTEINC CORKSCREW POINTE INC P18-02-016 Vendor: DAWSON, CHRISTINE DAWSON, CHRISTINE INV0005566 Vendor: DUCAK, KELLY DUCAK, KELLY INV0005567 Vendor: ED'S RENTAL &SALES INC ED'S RENTAL & SALES INC 223271-1 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE & SAFETY IN00158146 Vendor: GENDE, ROBERT GENDE, ROBE RT 3/5-3/18 BBALL Vendor:GESSERT,SCOTT GESSERT,SCOTT 3/5-3/18 Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 17-1770/17-1752 GREEN DOOR PROMOTIONS 17-1792 GREEN DOOR PROMOTIONS 17-1792 GREEN DOOR PROMOTIONS 17-1792 GREEN DOOR PROMOTIONS 17-1792 GREEN DOOR PROMOTIONS 17-1792 GREEN DOOR PROMOTIONS 184882 Vendor:GREVE,AARON GREVE, AARON INV0005568 Vendor: HARPER, MICHAEL HARPER, MICHAEL INV2999RE Vendor: HRGREEN HRGREEN 117083 HRGREEN 117076 HRGREEN 117082 Vendor: IMPACT NETWORKING LLC IMPACT NETWORKING LLC 1061777/1061776 IMPACT NEIV+/ORI<INGLLC 1061777/1061776 IMPACT NETWORKING LLC 1061777/1061776 IMPACT NETWORKING LLC 1061777/1061776 Vendor; KINNEY, BRETT KINNEY, BRETT INV0005571 Packet: APPKTO1113 - 4/2/18 AP CKS Post Date Description (Item) Account Number Amount 04/03/2018 UTIL 100-45-5510 27.45 04/03/2018 UTIL 100-46-5510 27.45 Vendor CONSTELLATION NEWENERGY INC Total: 1,749.50 04/02/2018 TMP PERMIT REF 100-00-3410 30.00 Vendor CORKSCREW POINTE INC Total: 30.00 04/02/2018 UNIFORM REIMB 100-23-4510 161.55 Vendor DAWSON, CHRISTINE Total: 161.55 04/02/2018 MEAL REIMB 100-22-5420 43.60 Vendor DUCAK, KELLY Total: 43.60 04/02/2018 SHAMROCK/FOX 200-00-5110 11190.00 Vendor ED'S RENTAL & SALES INC Total: 1,190.00 04/02/2018 INSTALL 225-00-5110 195.00 Vendor FOX VALLEY FIRE & SAFETY Total: 295.00 04 (02/2018 B BALL 100-47-5110 100.00 Vendor GENDE, ROBERTTotal: 100.00 04(02/2018 BBALL 100-47-5110 200.00 Vendor GESSERT, SCOTT Total: 200.00 03/27/2018 SHIRTS 100-46-6110 330.72 04(02/2018 SHIRTS 100-41-6110 236.00 04(02/2018 SHIRTS 100-44-6110 54.00 04/02/2018 SHIRTS 100-47-6110 31777.25 04/02/2018 SHIRTS 400-00-4510 87.60 04/02/2018 SHIRTS 400-00-5215 191.10 04/02/2018 EMPLNAMETAGS 400-00-4510 80,00 Vendor GREEN DOOR PROMOTIONS LLC Total: 4,756.67 04(02/2018 MILEAGE REIMB 620-00-5420 23.10 Vendor GREVE, AARON Total: 23.10 04/02/2018 RE -ISSUE 100-45-4510 214.99 Vendor HARPER, MICHAEL Total: 214.99 03/27/2018 WATERMAIN REPL 510-35-8500 938.00 04/02/2018 PEARL/LINCOLN 270-00-8600 171138.24 04(02/2018 ELM ST 290-00-8900 775.00 Vendor HRGREEN Total: 18,851.24 04/02/2018 COPY PAPER 100-03-6210 106.00 04(02/2018 COPY PAPER 100-22-6210 132.50 04(02/2018 COPY PAPER 100-30-6210 26.50 04/02/2018 COPY PAPER 400-00-6210 265.00 Vendor IMPACT NETWORKING LLC Total: 530.00 04/02/2018 MEAL REIMB 100-22-5420 14.07 Vendor KINNEY, BRETTTotal: 14.07 3/28/2018 9:00:51 AM Expense Approval Register Packet: APPKTO1113 - 4/2/18 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: LAZICKI, JOE LAZICKI, JOE INVO005572 04/02/2018 UNIFORM REIMB 100-22-4510 11839 Vendor LAZICKI, JOE Total: 118.79 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 3-22-18 04/02/2018 MTHLY-BRANCH III 100-01-5230 5/175400 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 51175.00 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY INVO005573 04/02/2018 REF RET PERS 740-00-6961 500.00 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 500.00 Vendor: MCHENRY COUNTY DEPT OF HEALTH MCHENRY COUNTY DEPT OF 467/668 04/02/2018 PERMIT RENW - 100-44-6110 115.00 MCHENRY COUNTY DEPT OF 467/668 04/02/2018 PERMIT RENW - 100-44-6110 115.00 Vendor MCHENRY COUNTY DEPT OF HEALTH Total: 230.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 90116 04/02/2018 SHAMROCK/FOX 200-00-5110 89,00 MINUTEMAN PRESS OF MCH 90155 04/02/2018 SHAMROCK/FOX 200-00-5110 745,41 MINUTEMAN PRESS OF MCH 90156 04/02/2018 SHAMROCK/FOX 200-00-5110 469.53 MINUTEMAN PRESS OF MCH 90181 04/02/2018 PD LETTERHEAD 100-22-6210 202.23 MINUTEMAN PRESS OF MCH 90242 04/02/2018 NOTARY -COX 100-23-6210 33.75 Vendor MINUTEMAN PRESS OF MCH Total: 1,539.92 Vendor: NORTHWEST HERALD NORTHWEST HERALD 67499 4/17RENW 04/02/2018 26 MOS SUBS 100-01-5450 162.20 Vendor NORTHWEST HERALD Total: 162.20 Vendor: ROCK'N' KIDS INC ROCK W KIDS INC MCHW118A 04/02/2018 UPDATING PGM INV 100-46-5110 14.00 Vendor ROCK'N' KIDS INC Total: 14.00 Vendor: RUZICKA, RUSSELL RUZICKA, RUSSELL CK517434RE 04/02/2018 RE ISSUE CK REIMB TOLLS 510-32-5440 15.20 Vendor RUZICKA, RUSSELL Total: 15.20 Vendor: SABATKA, CARRIE SABATKA, CARRIE 131&02-020 04/02/2018 TMP SIGN REF 100-00-3410 30.00 Vendor SABATKA, CARRIE Total: 30.00 Vendor: SHAFER. SAMUEL SHAFER, SAMUEL INVO005574 04/02/2018 MEAL REIMB 100-22-5420 40.00 Vendor SHAFER. SAMUEL Total: 40.00 Vendor: SMALE, GUY SMALE, GUY INVO005581 04/02/2018 BOOTALLOW 100-014510 150.00 Vendor SMALE, GUY Total: 150.00 Vendor: STANARD & ASSOCIATES INC STANARD & ASSOCIATES INC SA36974 04/02/2018 ASSESS-CASTANEDA 100-21-5110 644.45 Vendor STANARD & ASSOCIATES INC Total: 644.45 Vendor: STATE TREASURER STATETREASURER 54004 04/02/2018 SIGNALCOSTSHARE 100-33-5110 71702.50 Vendor STATE TREASURER Total: 7,702.50 Vendor: SYNCB/AMAZON SYNCB/AMAZON INVO005575 04/02/2018 SUPP 100-03-6110 50.22 SYNCB/AMAZON INVO005575 04/02/2018 SUPP 100-4&6110 34.95 SYNCB/AMAZON INVO005575 04/02/2018 SUPP 200-00-5110 89.36 Vendor SYNCB/AMAZON Total: 174.53 Vendor, TECHNOLOGY MANAGEMENT REV FUND TECHNOLOGY MANAGEMENT T1825915 04/02/2018 MTHLY 620-00-5110 10.00 Vendor TECHNOLOGY MANAGEMENT REV FUND Total: 10.00 Vendor: THOMPSON, NICOLE THOMP5ON, NICOLE INV0005576 04/02/2018 SUPP REIMB 100-47-6920 23.97 Vendor THOMPSON, NICOLE Total: 23.97 3/28/2018 9:00:51 AM Expense Approval Register Vendor Name Payable Number Vendor: TYLER TECHNOLOGIES TYLERTECHNOLOGIES 025-218090 Vendor: U.S. POSTALSERVICE U.S. POSTAL SERVICE INV0005577 Vendor: UTILITY &MUNICIPAL SERVICES UTILITY & MUNICIPAL SERVICES MS-1926047 Vendor: VISU-SEWER OF ILLINOIS LLC VISU-SEWER OF ILLINOIS LLC 8016 VISU-SEWER OF ILLINOIS LLC 8017 Vendor: WEINREIS, DONALD WEINREIS, DONALD INV0005578 Vendor: WIRCH, STEVE WIRCH, STEVE CKS16796 RE Vendor: WITT, CINDY WITT, CINDY INV0005579 Vendor: 2UKOWSKI ROGERS FLOOD & MCARDLE ZUI<OW51<I ROGERS FLOOD & 130615 ZUKOWSKI ROGERS FLOOD & 130616 ZUKOWSKI ROGERS FLOOD & 130617 ZUKOWSKI ROGERS FLOOD & 130618 ZUKOWSKI ROGERS FLOOD & 130619 ZUKOWSKI ROGERS FLOOD & 130620 ZUKOWSKI ROGERS FLOOD & 130621 Packet: APPKT01113 - 4/2/18 AP CKS Post Date Description (Item) Account Number Amount 04/03/2018 PAYROLL TIMECL 100-01-5110 93.75 Vendor TYLER TECHNOLOGIES Total: 93.75 04/02/2018 USPS MARKETING MAIL 100-04-5310 225.00 Vendor U.S. POSTAL SERVICE Total: 225.00 04(02/2018 SWR BL 510-32-5110 424.80 Vendor UTILITY & MUNICIPAL SERVICES Total: 424.80 04/02/2018 SWR REHAB 510-35-8500 22,456.86 04/02/2018 SWR REHAB 51035-5110 226,277967 Vendor VISU-SEWER OF ILLINOIS LLC Total: 248,734.53 04/02/2018 MEAL REIMB 100-23-5420 45.88 Vendor WEINREIS, DONALDTotal: 45.88 04/02/2018 RE ISSUE CI< -TRAVEL EXP REIMB 510-35-5430 31.78 Vendor WIRCH, STEVE Total: 31.78 04/02/2018 SHAMROCKSUPP REIMB 200-00-5110 29.90 Vendor WITT, CINDY Total: 29.90 04/02/2018 SVS 100-01-5230 6,956.25 04/02/2018 SVS 740-00-5230 6,162.50 04/02/2018 SVS 740-00-5230 11812,50 04/02/2018 SVS 100-01-5230 6)528.58 04/02/2018 SVS 740-00-5230 290.00 04/02/2018 SVS 740-00-5230 290.00 04/02/2018 SVS 740-00-5230 290.00 Vendor ZUKOWSKI ROGERS FLOOD 8& MCARDLE Total: 22,329.83 Grand Total: 328,046.77 3/28/2018 9:00:51 AM Expense Approval Register Fund Summary Fund Expense Amount 100 - GENERAL FUND 37,808,54 200 - TOURISM FUND 2,61120 225 - ALARM BOARD FUND 195000 270- MOTOR FUEL TAX FUND 17,13814 290 - TIF FUND 775.00 400 -RECREATION CENTER FUND 656,76 510- WATER/SEWER FUND 259,266,43 600- EMPLOYEE INSURANCE FUND 85,50 610- RISK MANAGEMENT FUND 130,00 620- INFORMATION TECHNOLOGY FUND 33.10 740- RETAINED PERSONNEL ESCROW 9,345.00 Grand Total: 328,04637 Packet: APPKT01113 - 412/18 AP CKS 3/28/2018 9:00:51 AM McHenry, IL Vendor Name Vendor: BARBATO, EMIL Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 818758 04/02/2018 161 100-45-5370 51.58 ADAMS ENTERPRISES INC, RA 818963 04/02/2018 hot patcher 100-33-5370 365,24 Vendor ADAMS ENTERPRISES INC, R A Total: 416.82 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 347261 04/02/2018 steel plate 441 100-33-5370 174.40 ADAMS STEEL SERVICE INC 347537 04/02/2018 troth repair parts 100-33-5370 259.15 Vendor ADAMS STEEL SERVICE INC Total: 433655 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 18-2812 04/02/2018 West Dartmoor Lift -Control 510-32-5375 3,925.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 30925*00 Vendor: AT&T AT&T INV0005580 04/02/2018 Invoice 9300131408 Network 620-00-5110 2,282.87 Vendor AT&T Total: 2,282.87 Vendor: ATR TRANSMISSIONS REMANUFACfURING ATR TRANSMISSIONS INV1182495 04/02/2018 trans220 100-03-5370 2,570.00 Vendor ATR TRANSMISSIONS REMANUFACTURING Total: 2,570.00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 285616 04/02/2018 tires 314 100-22-5370 286.98 Vendor AUTO TECH CENTERS INC Total: 28638 BARBATO, EMIL 226976 04/02/2018 tape 100-33-5370 51.75 Vendor BARBATO, EMILTotal: 51.75 Vendor: BONNELL INDUSTRIES INC BONNELL INDUSTRIES INC 0177386-IN 04/02/2018 sensor 100-33-5370 705,86 BONNELL INDUSTRIES INC 177233-IN 04/02/2018 427 100-33-5370 85.34 BONNELL INDUSTRIES INC 177541-IN 04/02/2018 407 100-33-5370 289.12 Vendor BONNELL INDUSTRIES INCTotal: 1,080.32 Vendor: BUSS FORD SALES BUSS FORD SALES 5029443 04/02/2018 seat belt 315 100-22-5370 330.59 BUSS FORD SALES 5029501 04/02/2018 lamp 322 100-22-5370 271.62 BUSS FORD SALES 5029458 04/03/2018 lamp 315 100-22-5370 10.96 Vendor BUSS FORD SALES Total: 61116 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 58896 04/02/2018 gloves, paper towels soap 100-33-6115 494,24 Vendor CABAY & COMPANY INC Total: 494.24 Vendor: CHICAGO CHAIN & TRANSMISSION COMPANY CHICAGO CHAIN & 279952 04/02/2018 Sludge Dewatering Machine 510-32-5380 40AB Vendor CHICAGO CHAIN & TRANSMISSION COMPANY Total: 40018 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO S504550408.001 04/02/2018 street light breaker 100-33-6110 27.56 CRESCENT ELECTRIC SUPPLY CO S5047735556001 04/02/2018 plugs, flush receptacle, box 1 510-35-6110 83.78 CRESCENT ELECTRIC SUPPLY CO S504786844.001 04/02/2018 electrical material for 1415 100-33-6115 440.74 CRESCENT ELECTRIC SUPPLY CO S504807062.001 04/02/2018 Emergency exit sign 100-33-6115 44,38 CRESCENT ELECTRIC SUPPLY CO 5504809517,001 04/02/2018 scepter pvc j-box. vendor 100-33-6110 9109 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 68835 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 330723 04/02/2018 Order 330723 for Dispatch 620-00-6210 109000 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: 109000 3/28/2018 9:09:OZ AM Expense Approval Register Packet: APPKTO1115 - 4-2.18 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 224014-1 04/02/2018 propane fork lift 100-33-5115 27.91 Vendor ED'S RENTAL & SALES INC Total: 27.91 Vendor: ETTEN, CHRISTOPHER ETTEN, CHRISTOPHER INV0005583 04/02/2018 Etten: Uniforms 100-45-4510 354.15 Vendor ETTEN, CHRISTOPHER Total: 354.15 Vendor: FASTENAL FASTENAL ILMCH25586 04/02/2018 supplies for 1415 100-33-6115 24.39 FASTENAL ILMCH25667 04/02/2018 Misc Hardware 510-32-6110 481.39 FASTENAL ILMCH25691 04/02/2018 9.5oz A7+cartridge. vendor 100-33-6110 28.50 Vendor FASTENAL Total: 534.28 Vendor: HAWKINS INC HAWKINS INC 4246948 04/02/2018 Chemical Delivery 510-31-5110 4,830.51 Vendor HAWKINS INC Total: 40830.S1 Vendor: HRGREEN HRGREEN 109816 04/02/2018 Create CMOM program 510-32-5110 11847.00 Vendor HRGREEN Total: 11847.00 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 1903702003454 04/02/2018 BATTERIES 100-33-6110 91.54 Vendor INTERSTATE ALL BATTERY CENTER Total: 91.54 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3009676428 04/02/2018 adjustor 636 510-35-5370 292.38 Vendor INTERSTATE BILLING SERVICE INC Total: 292.38 Vendor: JIMS MCHENRY AUTO BODY JIMS MCHENRY AUTO BODY 6788 04/02/2018 REPAIR345 100-22-5370 450.20 Vendor JIMS MCHENRY AUTO BODY Total: 450.20 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 6196364 04/02/2018 stock 100-33-5370 398.96 KIMBALL MIDWEST 6210908 04/02/2018 stock 100-33-5370 263.29 Vendor KIMBALL MIDWEST Total: 662.25 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 708474693 04/02/2018 FM2 sand 101782660 510-35-6110 63.12 LAFARGE NORTH AMERICA 708474693A 04/02/2018 FM 2 sand 101783004 510-35-6110 107.76 Vendor LAFARGE NORTH AMERICA Total: 170.88 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5022964 04/02/2018 fittings 319 100-22-5370 43.46 LANG AUTO GROUP, GARY 5022980 04/02/2018 pump water 319 100-22-5370 249.93 Vendor LANG AUTO GROUP, GARY Total: 293.39 Vendor: LORCHEM TECHNOLOGIES INC LORCHEM TECHNOLOGIES INC 65758 04/02/2018 HDS Karcher Pressure Washer 10045-6270 5/469600 LORCHEM TECHNOLOGIES INC 65830 04/02/2018 detergent 65830 100-33-6115 387.10 Vendor LORCHEM TECHNOLOGIES INC Total: 51856.10 Vendor: MACE, DOUG MACE, DOUG INV0005582 04/02/2018 Doug Mace - Boots - 510-31-4510 196,51 Vendor MACE, DOUG Total: 196.51 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 11046814 04/02/2018 grinderteeth 100-33-5370 850.00 MCCANN INDUSTRIES INC 11046824 04/02/2018 mounting blocks grinder 100-33-5370 1,248.50 Vendor MCCANN INDUSTRIES INC Total: 2,098.50 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC M463 04/02/2018 door repair 100-33-5115 1,67236 Vendor METRO DOOR AND DOCK INC Total: 11672,36 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M22063 04/02/2018 pressure wash hose 100-33-5115 89.00 3/28/2018 9:09:OZ AM Expense Approval Register Packet: APPKTO1115 - 4-248 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount MIDWEST HOSE AND FITTINGS M22108 04/02/2018 fittings/clamps 100-45-6110 18.15 Vendor MIDWEST HOSE AND FITTINGS INC Total: 107.15 Vendor: MOTOROLA MOTOROLA 344671312018 04/02/2018 STARCOM21 100-22-5320 2,476.00 Vendor MOTOROLA Total: 21476.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17367430 04/02/2018 Fuel 100-45-6110 92.69 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 92.69 Vendor: NORTHWEST TRUCKS INC NORTHWESTTRUCKS INC 0113468829 04/02/2018 802 510-35-5370 263.20 Vendor NORTHWEST TRUCKS INC Total: 263.20 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0353035-IN 04/02/2018 Saftey Harnesses 100-33-6950 617.77 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 617.77 Vendor: OTTER SALES & SERVICE INC OTTER SALES & SERVICE INC 1009488 04/02/2018 handle 154 100-03-5370 94.52 Vendor OTTER SALES & SERVICE INC Total: 94.52 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 892748 04/02/2018 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 892749 04/02/2018 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 892816 04/02/2018 Inv#892816-03/15/18 510-31-5110 165.00 Vendor PDC LABORATORIES INC Total: 285.00 Vendor: PETROCHOICE LLC PETROCHOICE LLC 10485511 03/27/2018 Fuel 10485511 510-32-6250 549,59 PETROCHOICE LLC 10309494 04/02/2018 fuel 510-35-5370 324.68 PETROCHOICE LLC 10309497 04/02/2018 fuel 510-31-5370 676.42 PETROCHOICE LLC 10452594 04/02/2018 Fuel Bill 100-03-6250 78.60 PETROCHOICE LLC 10460609 04/02/2018 Fuel 10460609 510-31-6250 108.13 PETROCHOICE LLC 10464812 04/02/2018 Fuel 10464812 510-31-6250 56.84 PETROCHOICE LLC 10476773 04/02/2018 antifreeze 100-33-5370 740.93 PETROCHOICE LLC 10477513 04/02/2018 Fuel Bill 100-03-6250 78.89 PETROCHOICE LLC 10477515 04/02/2018 Fuel 10477515 510-31-6250 122.94 PETROCHOICE LLC 10477516 04/02/2018 Fuel 100-45-6250 191.86 PETROCHOICE LLC 10477517 04/02/2018 Fuel 10477517 100-33-6250 1,141.28 PETROCHOICE LLC 10485492 04/02/2018 Fuel 10485492 510-35-6250 312.18 PETROCHOICE LLC 10485512 04/02/2018 Fuel 10485512 510-31-6250 181.03 PETROCHOICE LLC 10485513 04/02/2018 Fuel 100-45-6250 244.63 PETROCHOICE LLC 10485514 04/02/2019 Fuel 10485514 100-33-6250 811.48 Vendor PETROCHOICE LLC Total: 50619.48 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 174030 04/02/2018 UNIFORM ORDER - M. 100-224510 23193 Vendor PETTIBONE & CO, P F Total: 231.93 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 15170 04/02/2018 Portable toilet rental 100-45-5110 150.00 Vendor PITEL SEPTIC INC Total: 150.00 Vendor: RADICOM INC RADICOM INC 103889 04/02/2018 radio repair 100-33-5115 160.00 Vendor RADICOM INC Total: 160.00 Vendor: RELIABLE MAINTENANCE INC RELIABLE MAINTENANCE INC 44732 04/02/2018 Carpet cleaning at 1415 100-33-5115 375.00 Vendor RELIABLE MAINTENANCE INC Total: 375.00 Vendor: REX 24/7 TOWING REX 24/7 TOWING 3361 04/02/2018 VEHICLESEIZURE 100-22-5110 310.00 Vendor REX 24/7 TOWING Total: 310.00 Vendor: SECTION 8 DOORS & HARDWARE INC SECTION 8 DOORS & 17116 04/02/2018 door mechanics 100-33-5115 11100.00 3/28/2018 9:09:02 AM Expense Approval Register Vendor Name Payable Number SECTION 8 DOORS & 7176 Vendor: STATE FIRE MARSHAL STATE FIRE MARSHAL 9591422 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 91796 TRAFFIC CONTROL & 91825 TRAFFIC CONTROL & 91871, TRAFFIC CONTROL & 91979 Vendor: ULINE ULINE 95579159 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRASTROBE 073751 Vendor: USA BLUEBOOK USA BLUEBOOK 512029 Vendor: WINTER EQUIPMENT WINTER EQUIPMENT IV37009 Packet: APPKT01115 - 4-2-18 RECT INVOICE Post Date Description (Item) Account Number Amount 04t02/2018 kickplates for 1415 100-33-6115 50.00 Vendor SECTION 8 DOORS & HARDWARE INC Total: 1/150600 04/02/2018 Boiler Check 100-01-5110 140.00 Vendor STATE FIRE MARSHAL Total: 140.00 04/02/2018 Honorary street signs 100-33-6110 463.45 04/02/2018 street signs 100-33-6110 117.45 04/02/2018 stop signs 100-33-6110 323.20 04/02/2018 crosswalk signs 100-33-6110 539.85 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 1,443.95 04/02/2018 Lab Gloves 510-32-6110 36&09 Vendor ULINE Total: 368.09 04/02/2018 deck light 320 100-22-5370 179.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 179.95 04/02/2018 Ball Valve Lockouts for by- 510-31-6110 89.85 Vendor USA BLUEBOOK Total: 89.85 04/02/2018 carbide blades 100-33-5370 2,418.33 Vendor WINTER EQUIPMENT Total: 2,418.33 Grand Total: 48,943.29 3/28/2018 9:09:02 AM Expense Approval Register Fund Summary Fund Expense Amount 100 - GENERAL FUND 31,345.84 510 - WATER/SEWER FUND 15;205w58 620 - INFORMATION TECHNOLOGY FUND 2,391.87 Grand Total: 480943629 Packet: APPKTO1115 - 4-248 RE CT INVOICE Wayne Jett Jr., Mayor Derik Morefield McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.d.mthenry.iI.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Mayor Wayne Jett Jr. FOR: Apri12, 2018 Regular City Council meeting RE: Request to transfer the Class A-19 Liquor License issued to Buddyz McHenry, Inc. d/b/a Buddyz Pizza to Wade's Wave, Inc., d/b/a Buddyz Pizza located at 1138 N. Green Street. ATT: Letter of Request and Application Agenda Item Summary. Mr. Sean Wade, president of Wade's Wave, Inc. is purchasing Buddyz Pizza located at 1138 N. Green Street and has submitted an application for the transfer of the Class A-19 liquor license issued to the business. Background. The current license classification authorizes the retail sale of beer, wine, and spirits for consumption on premises and retail sale of packaged alcohol. If approved, Mr. Wade has requested the effective date of the Class A license transfer to be April 15, 2018, which is when he expects to close on the property. Mr. Wade intends to add the Class A(2) catering option to his license in FY 18/19, which permits the retail sale of alcoholic beverages offsiLe of the licenses premises as an incidental part of food service so that he can participate in community events. The Council granted a Conditional Use Permit for the property in October 2009, to allow the service of alcohol in conjunction with a restaurant, inside entertainment, and outside seating. Analysis. All required paperwork was submitted, the $250 transfer fees was paid, and I met with the application. Mr. Wade was satisfactorily fingerprinted by McHenry Police, is BASSET certified and conversant with State of Illinois liquor control laws. Mr. Wade and his Jennifer Wade will operate the business. They intend to retain the employees of Buddyz and have no immediate plans to change the menu. It is staffls opinion that the business is beneficial to the economy of the downtown district and recommends approval of this request. Recommendation: If Council concurs, then it is recommended a motion be considered to grant the transfer of the Class A-19 liquor license to Wade's Wave, Inc. d/b/a Buddyz Pizza located at 1138 N. Green Street as presented. The City ofMcHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in acustomer-oriented, efficient, and fiscally responsible manner. March 24, 2o18 Dear Mr. Jett, My family and I are in the process of purchasing Buddyz Pizza located at 1138 N. Green Street, McHenry. We are very excited to be an active part of the McHenry community and the revitalization of the downtown and river walk area. We look forward to working with the residents of McHenry. I recently owned and managed multiple gourmet popcorn and yogurt stores in downtown Chicago. I also have an extensive sales background from working at Cold Medal Products, a leader in the concession equipment and concession supply industry. This experience allows me to expand Buddyz outside its retail location and participate in the various festivals, car shows, and other community events McHenry offers its residents. We also look forward to working with local schools and organizations to help with their fundraising needs. Qur plan is to keep the name Buddyz for the business and to keep its current employees, recipes and menu items, while looking for ways to continually improve. our goal is to maintain the superior quality of food and service that Buddyz is known for. We are looking to obtain a Class A liquor license along with a Class A (2) license which will enable us to continue serving the same spirits patrons are accustomed to enjoying at Buddyz restaurant. The Class A (2) license will allow us to expand Buddyz into the community. In conclusion, my wife and t were both born and raised in the Northwest suburbs of Chicago. We are active members of The Chapel, a non -denominational church, and raise our kids in a Christian home. I believe that with my experience and entrepreneurial spirit, along with my love for people, my family and I will be a great fit for Buddy's Pizza and the town of McHenry. Sincerely, Date Issued Date Effective NAME OF BUSINESS, ADpRES5, 8 2. 3. UNDER CITY OF MGHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2017l2018 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE Please indicate form of ownership: CORPORATION IF CORPORATION: Corporation Name: Corporate Address: Corporate Phone Number: 6 � 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: Date Received `gA d� �' l Receipt Issued On LU Cfieck No. Cashier's Chk. Cent. Check Cash INDIVIDUAL(SOLE 7, Home Phone: Business Phone: EMAIL: 8. Citizen of U.S:? If a naturalized citrzen, when and where naturalized? Court in which (or law under which) naturalized: 9. (A} If ApplicantPARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (S) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: w� 2016 PAGE TWO 10. u Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: Local Manager s: Date of Birth: Place of Birth: f , zen of U.S.? 11 Principal Type of Business: P( z �Z i� -�' C� r�� �-N- 1 tr.:�air 12. What is current zoning for this property? C — 13. Type of License Sought: Oz f5: ft 14. Date on which business was begun at this location: 10 15. Does applicant own premises for which license is sought? /0 If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file ativit 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? A. Ifi answer to the above is "YE5", 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 business orsale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number. T& J) Attached copy of State Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT} Registration Number: 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: �� 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.taclti 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 S t s, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by Them? � � � 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? ky 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advancec 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? If 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 I cal manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? If so, please describe: 31w Is any individual who is directly or indirectly interested in applicant's place f mess, alaw-enforcing official or elected public official {mayor, alderman, and member of any City commission, committee or board)? _�i� If so, please state name and address of such person: 2016 PAGE THREE 32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager— (please attach). 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)? AID 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 ! A 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? _ 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 campiete information may result in the suspension and/or revocation of your liquor License and/or the issuance of a fine. k:F*k**#kfF*Xkk**k*,k******#k#*#*****:F#**inF*i�*k#at*iAc#**#,{k***;F#*yt{,**#:F**#**#*****#*#-k,!***#,k,4*y*,F*k•#.************.!***k****#****:tk*,F,k*******##k*****;Fk*****,F*i**ft1Fk***klk**k 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 I{linois 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 liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Codeto take place on the licensed premises or onabout and/or adjacent to the property where the licensed premises is located. , , 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2016 PAGE FOUR STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR_ Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPOP.ATiON: (Authorized Agent of the Corporation) MANAGER: Signature Print �IC`IAL. SE Marcia M. �erag Notary Public, State of MY Commission Expires _���� Signature of Local Manager Print Name Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this NOTARY PIIBLIC and sworn to before me this day of Subscribed and sworn to before me this day of , 2p NOTARY PUBLIC 2076 cHen r AGENDA SUPPLEMENT TO: Mayor and City Council FOR: April 2, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development 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 RE: Consideration of a Conditional Use Permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment at 1252-1254 N Green Street Fit a6 1. Location Map 2. Planning and Zoning Commission minutes dated May 17, 2017 3. Ordinance approving a conditional use permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment at 1252-1254 N Green Street 4. Ordinance Authorizing Mayor's Execution of an Irrevocable License Agreement between the City of McHenry and Utopian Roast LLC 5. Irrevocable License Agreement between the City of McHenry and Utopian Roast LLC 6. Application Packet AGENDA SUPPLEMENT SUMMARY: The applicant is seeking a conditional use permit to allow an assembly use, outdoor seating and indoor entertainment at 1252-1254 North Green Street. BACKGROUND: In June 2016 the Planning and Zoning Commission considered and approved a request by Mixin' Mingle, a company that leases a gathering space utilized for public and private events. The leased space can be rented out for a party, office gathering, or other event to users following completion of an application process. A similar request was approved at 3315 Pearl Street (Smith's Central Garage). 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 applicant for the present request operated a traonal coffee house, Hidden Pearl Cafe, in the former downtown theater building. Dan Kernes, proprietor of Hidden Pearl Cafe built a following of people who could come to his coffee shop and hold events such as poetry readings, theatrical performances, comedy, etc. Mr. Kernes decided to expand the potential for these offerings and pursue a coffee house and event space in a larger venue and has been working with staff to address building and zoning -related challenges at 1252-1254 North Green Street. An assembly use is defined as: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. ANALYSIS: Or. Kernes is in the process of reopening his coffee house, which he can do without approval from the Planning and Zoning Commission and City Council however, he also wants to create a larger event space that falls under the assembly use definition. Originally, due to the size of the building, he wanted to create two -to -three additional retail/service spaces, which would have had doors facing Elm Street to take advantage of the vehicular traffic as well as breaking -up the monotonous look of the north wall of the building. This would have been accomplished by purchasing the vacant land at the southeast corner of Elm Street and Green Street however, this lot has since been purchased is being planned as another restaurant use. The proposed plan is therefore now limited to the subject property, 1252-1254 North Green Street, the former Some Other Nuts bung, and the applicant is seeking approval for assembly use, outdoor seating, and indoor entertainment. Attached to this supplement are two layouts of the building. The following narrative, provided by the applicant, identifies the scope of the request. "Hidden Pearl was hoping to add to our current permit with the submitted changes. We are attempting to open our live entertainment room at the same time as the main cafe. Attached is the current plan that had been approved for permit. The white area is the current permitted area. What we would like to do is add the walls for the entertainment room. Those changes are seen in red. The gray areas were scheduled as a phase two. The only exception to that is that we are changing the conference room that was part of the current permit. Under the original plan we were going to have four stores facing 120 (Elm Street). This change would take those stores out. We have not completely abandon the idea of using the north lot, we are waiting to see how that turns out." 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 An important aspect of downtown revitalization is attracting people downtown and keeping them there as long as possible -similar to a shopping center. The proposed use includes both the 12524254 North Green Street building as well as the use of a portion of Neumann Park to the south. The consumption of alcohol from the subject property will be prohibited in Neumann Park and this is identified out in the attached license agreement. The applicant will also have outdoor seating on Green Street (cafe style). Mr. Kernes is also exploring the use of public art and murals to make the exterior of the building more attractive. A conditional use permit to allow an assembly use (gathering space), consisting of approximately 4,800 square -feet, along with outdoor seating and indoor entertainment at 1252-1254 N Green Street and vacant lot to north in substantial conformance with the interior/exterior plan and elevations submitted subject to the following conditions was unanimously recommended subject to the following conditions at the May 17, 2017 Planning and Zoning Commission Meeting. • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into a redevelopment agreement with the City to address the use of Neumann Park; • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior fagade improvements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; • There shall be no consumption or service of alcoholic beverages outside and no service of food outside; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Applicant shall work with the City in obtaining an easement or come to an agreement on the vacant lot at Green/Elm whereby a sign could be erected welcoming people to Downtown McHenry; either in addition to or in combination with a sign for the tenants within the building at 12524254 N Green Street; • Existing parking spaces on lot to north shall be restriped and no parking expansion on lot to the north shall occur without prior approval from IDOT and City of McHenry; Since the May 17, 2017 Planning and Zoning Commission Meeting the lot to the north was purchased the conditions referring to the sign easement and the lot to the north are no longer relevant. Additionally, while the applicant has not changed the use, he would like the ability to serve food and alcohol outside (but not in Neumann Park) on the sidewalk directly in front of the 3 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 building, similar to other downtown restaurants. Staff does not have a problem with this as long as there is a fenced area and gate enclosing the outdoor seating area, which the applicant does not have a problem constructing. The subject property is zoned C-4 and therefore no off-street parking is required by ordinance. The request before the Council is solely for the gathering space within the existing building, as this will be the primary use, as well as approval of the proposed license agreement for use of Neumann Park, which is incidental to the assembly use. Opening the building to Neumann Park may not occur immediately but staff supports the idea of utilizing this space similar to D.C. Cobbs use of Walsh Park. This differences are that no outdoor consumption of alcohol or live entertainment is proposed. The proposed use is conducive to the neighborhood and will enhance the downtown. The building was formerly a retail space - Some Other Nuts and Ben Franklin - and is being transformed into primarily a restaurant/assembly use with potentially two -to -three additional commercial businesses. The applicant is maximizing the building space for assembly use while also taking advantage of the location and visibility and renting smaller spaces to other businesses conducive to a downtown setting. There are Municipal Parking lots to the east of the building in addition to on -street parking on surrounding streets. PLANNING AND ZONING COMMISSION: A Conditional Use Permit to allow an assembly use (gathering space), consisting of approximately 4,800 square -feet, along with outdoor seating and indoor entertainment at 1252-1254 N Green Street and vacant lot to north in substantial conformance with the interior/exterior plan and elevations submitted subject to the following conditions was unanimously recommended subject to the following conditions: • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into a redevelopment agreement with the City to address the use of Neumann Park; • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior facade improvements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; 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 • There shall be no consumption or service of alcoholic beverages outside and no service of food outside; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Applicant shall work with the City in obtaining an easement or come to an agreement on the vacant lot at Green/Elm whereby a sign could be erected welcoming people to Downtown McHenry; either in addition to or in combination with a sign for the tenants within the building at 1252-1254 N Green Street; • Existing parking spaces on lot to north shall be restriped and no parking expansion on lot to the north shall occur without prior approval from IDOT and City of McHenry; RECOMMENDATION: Staff has adjusted the Planning and Zoning Commission recommendation based on the status of the lot to the north of 12524254, and to accommodate outdoor seating and alcohol consumption on Green Street, and recommends approval of the attached ordinance as follows: A Conditional Use Permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment A 12524254 North Green Street with the following conditions: • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into an agreement with the City to address the use of Neumann Park; • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior facade improvements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Outside seating area where food and/or alcohol is served and/or consumed shall be completed fenced with a gate. The outdoor seating area shall only be accessed through the building except in the case of an emergency. 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: Approval of the attached Ordinance Authorizing Mayor's Execution of a Revocable Lease Agreement between the City of McHenry and Utopian Roast LLC for the use of a portion of Neumann Park. ��� Department of Community & 000 ^r Economic Development v^ McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAPS: 1252-1254 N GREEN STREET �_ �►a4 �i 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 Planning and Zoning Commission Minutes May 17, 2017 Chairman Strach called the May 17, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following: Doherty, Meyer, Sobotta, Strach, Thacker, and Walsh. Absent: Miller. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Hearing: UTOPIAN ROAST LLC File No. Z-909 12524254 N Green Street Conditional Use Permit to allow assembly use, along with a coffee shop and other retail/service businesses with outdoor seating and indoor entertainment and any other variances required to develop the subject property in substantial accordance with the site and building layout submitted for the subject property. Chairman Strach called the Public Hearing to order at 8:40 p.m. regarding File No Z-909, an application for a Conditional Use Permit to allow an assembly use (gathering space) along with outdoor seating and indoor entertainment at 1252-1254 N Green Street along with vacant lot to north and any other Variances required effectuating the request as submitted by Dan Kernes, Utopian Roast LLC, 1254 N. Green Street, McHenry, IL 60050. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 30, 2017. 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 Dan Kernes, 2600 Birch St., McHenry who was sworn in by Chairman Strach. Mr. Kernes provided a summary of the request before the Commission at this Hearing stating he is applying for assembly use for the property to make significant changes to the building and landscape and improve the vacant lot on the corner as well as re -opening his successful coffee restaurant. 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 applicant operated a traditional coffee house, Hidden Pearl Cafe, in the former Downtown Theater building, which is currently being renovated to accommodate a movie theater and restaurant. Dan Kernes, proprietor of Hidden Pearl Cafe built a following of people who could come to his coffee shop and do different events such as poetry readings, theatrical performances, comedy, etc. and he decided to expand and pursue a coffee house and event space in a larger venue and has been working with staff to address building and zoning -related challenges. A narrative describing Dan's vision for the building, 1252-1254 N Green Street and vacant lot to the north was provided. He is in the process of reopening his coffee house, which he can do without approval from the Planning and Zoning Commission and City Council however he also wants to create a larger event space for assembly use. He is in the process of purchasing the vacant land at the southeast corner of Elm and Green but does own the existing building (1252- 1254 N Green). An important aspect of downtown revitalization is attracting people downtown and keeping them there as long as possible -similar to a shopping center. Dan's long-term vision is to open his building to the south and provide access to Neumann Park from his building. He is also exploring the use of public art and murals to make the exterior of the building more attractive. In the short- term two -three retail spaces will open to the north (facing Elm Street) with an area set aside for outdoor seating. The coffee house and assembly use will be in the southern half of the existing building and encompass two-thirds of the building area (open to public/excluding basement). Currently the vacant lot to the north has a vehicular access driveway off of Elm Street and in the short-term the paved area and access will remain unchanged so people can utilize the existing parking; however, when this is expanded in the future (additional parking, etc.) approval from the Illinois Department of Transportation will be required. Opening the building to Neumann Park may not occur immediately but staff definitely supports the idea to utilize this underutilized space, similar to D.C. Cobbs use of Walsh Park; however there is no outdoor entertainment being proposed in Neumann Park. The applicant is also going to request a liquor license and has set aside a space for indoor video gaming. The alcohol and video gaming, under the applicant's plan, is complimentary to the principal use as an event space. Therefore, it will enhance the assembly use request and allow the applicant to host events where people may desire to have a drink; however, the applicant does not want to have alcohol consumption or service outside. �7 "CANT OPT IIIVCA 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 Martin stated parking within downtown areas in any community is a challenge, however the proposed use will not create any more traffic, require any additional public services or facilities or require more parking than any other use, which is permitted by right in the C-4 district. The applicant is maximizing the building space for his assembly use while also taking advantage of the location and visibility and renting two -three smaller spaces to other businesses conducive to a downtown setting. The applicant will most likely add more parking on the vacant lot to the north however this will require IDOT review and approval and the applicant's primary objective at this point is get his business up and running, seek approval for the assembly use and build out the other tenant spaces so he has revenue to expand the parking in the future. Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use Permit to allow an assembly use (gathering space), consisting of approximately 4,800 square -feet, along with outdoor seating and indoor entertainment at 1252-1254 N Green Street and vacant lot to north in substantial conformance with the attached interior/exterior plan and elevations submitted subject to the conditions proposed in the Staff Report and Staff finds the requirements of Table 31 for Conditional Use Permits of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer expressed concern with approving something for a property that is not owned by the applicant. Mr. Kernes stated the property is under contract and Mr. Martin stated the current owner sent in a notice of permission for the application. Commissioner Doherty asked when the property purchase will be closing and how much of the property will be left as open green space. Mr. Kernes replied the closing for the vacant lot is tentatively scheduled for August and they have plans to landscape and make a nice park -like corner possibly adding parking in the future but that would require a 6-8 month process through I1116111111 Commissioner Doherty inquired which or how many businesses would be requesting a liquor license. Mr. Kernes replied the license that will be applied for is only for the coffee shop and event space. They will have limited alcohol available but not a full bar and do not intend to serve alcohol outdoors. Commissioner Doherty further inquired what type of approval would be needed for artwork to be done on the building exterior walls. Director Martin replied there are 10 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 design guidelines that must be followed. Full artwork is not planned out yet but must follow design guidelines when and if it is done. Commissioner Sobotta inquired as to the number of parking places available on the vacant lotto North of building. Mr. Kernes stated there are approximately 15 spaces there and he believes there is plenty of parking available very close by as well. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Dave Trost, 414 N Shepherd Hill Lane McHenry said he has been very impressed with Hidden Pearl Cafe and the community involvement that is there complimenting the performances he has seen there. He stated many students from area schools have participated in poetry slams to a fA house and the events held there are great and support local residents. Mr. Trost wanted to express his support of this request. Bobbi Baehne, 1401 Draper Rd., McHenry stated she sincerely misses the Hidden Pearl since its closing. Ms. Baehne stated one aspect that hasn't been talked about is that there are a tremendous amount of small business people that spend their days working at Hidden Pearl Cafe as it is a hub for business people in the community to network and meet in the community. William Schwartz, 43 Pine Court, Crystal Lake is the owner of the property across the street from this location (1241-1243-1245-1249 Green St.). Mr. Schwartz stated this business will benefit the community by bringing foot traffic to the downtown area (Green Street) and he is greatly in support of this request. Chairman Strach closed the public comment portion of the hearing at 8:56 p.m. Motion by Sobotta, seconded by Walsh, to recommend to the City Council with regard to File No. Z-909, approval of an application for a Conditional Use Permit to allow an assembly use (gathering space), consisting of approximately 4,800 square -feet, along with outdoor seating and indoor entertainment at 12524254 N Green Street and vacant lot to north in substantial conformance with the interior/exterior plan and elevations submitted subject to the following conditions: • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into a redevelopment agreement with the City to address the use of Neumann Park; 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 • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior fagade improvements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; • There shall be no consumption or service of alcoholic beverages outside and no service of food outside; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Applicant shall work with the City in obtaining an easement or come to an agreement on the vacant lot at Green/Elm whereby a sign could be erected welcoming people to Downtown McHenry; either in addition to or in combination with a sign for the tenants within the building at 1252-1254 N Green Street; • Existing parking spaces on lot to north shall be restriped and no parking expansion on lot to the north shall occur without prior approval from IDOT and City of McHenry; be granted, and Staff finds the requirements of Table 31 for Conditional Use Permits ofthe zoning ordinance have been met. Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Miller. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-909 at 8:59 p.m. 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 ORDINANCE NO. ORD-18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE, OUTDOOR SEATING AND INDOOR ENTERTAINMENT AT 12524254 N GREEN 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 Utopian Roast LLC, 1254 N Green Street, McHenry, IL 60050 ("Applicant,") requesting a conditional use permit to allow an assembly use, outdoor seating and indoor entertainment at 1252-1254 N Green Street on the property legally described on Exhibit A, attached hereto and incorporated herein ("Subject Property"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 17, 2017 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval of the 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: A Conditional Use Permit to allow an assemblyoutdoor seating and indoor entertainment on the Subject Property is hereby approved subject to the following conditions: • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into a redevelopment agreement with the City to address the use of Neumann Park; • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior fagade improvements; 13 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 • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Outside seating area where food and/or alcohol is served and/or consumed shall be completed fenced with a gate. The outdoor seating area shall only be accessed through the building except in the case of an emergency. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 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 bylaw. 14 Passed and approved this t" day of , 2018 AYES: NAYS: ABSTAINED: NOT VOTING: ATTEST: CITY CLERK 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 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 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 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. 18- AN ORDINANCE AUTHORIZING THE EXECUTION AN IRREVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND UTOPIAN ROAST LLC FOR THE PROPERTY LOCATED AT 1252-1254 N GREEN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, a Municipal Corporation in the State of Illinois, is the legal owner of record and Utopian Roast LLC is the designated lessee of a portion of the real estate which includes a portion of Neumann Park, 1246 N Green Street in the City of McHenry, Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Lease Agreement, bearing the date of McHenry, a Municipal Corporation in the State of Illinois, record April 2, 2018 between City of owner, and Utopian Roast LLC designated lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to this ordinance and incorporated herein by reference as Exhibit „A„ SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Lease Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the 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 bylaw. DAY OF AYES: ►1e\Y.S 2018 17 Department of Community & Economic Development McHenry Municipal Center NOT VOTING: APPROVED THIS DAY OF . 2018 DEPUTY CITY CLERK MAYOR 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us i� 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" 19 Revocable License Agreement Between the City of McHenry and Utopian Roast LLC This Revocable License Agreement ("Agreement") is made and entered into this 2"d day of April, 2018 ("Effective Date"), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality ("City") and Utopian Roast LLC ("Licensee"). Recitals A. The Licensee is a tenant of 1252 N. Green Street, McHenry Illinois, operates a restaurant and desires to utilize for outdoor seating and entertainment purposes, on a revocable basis, an adjacent parcel of vacant property owned by the City consisting of approximately .45 acres, more or less, located at 1246 N Green Street ("Neumann Park") ("Licensed Premises"), which is depicted and legally described on attached "Exhibit A"; B. The City finds that it in its best interest to grant this revocable License to the Licensee pursuant to the terms herein stated; and C. The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. Now, therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged as received by the parties hereto, it is agreed as follows: 1. The City agrees to hereby license to Licensee, on a revocable basis, use of the Licensed .Premises for purposes of outdoor seating and entertainment, in substantial conformance with the conceptual site plan and elevation attached hereto and incorporated herein as "Exhibit B" ("Site Improvements"), as well as all applicable City codes, ordinances, rules and regulations. Any additional improvements of any kind within the Licensed Premises shall be strictly prohibited. 2. During the term of this Agreement, Licensee shall keep the Licensed Premises and Site Improvements clean and orderly. 3. The City reserves the right to terminate this Agreement upon ninety (90) days' written notice to Licensee, for any reason or no reason at all. Following receipt of written notice from the City, Licensee shall be required to remove the Site Improvements from the Licensed Premises and fully restore the Licensed Premises to its original condition in compliance with all building codes and all other rules, regulations and ordinances as it relates to the Licensed Premises. 4. In the event the Licensee defaults on its obligation to fully remove the Site Improvements and restore the Licensed Premises, the City may, but is not obligated to, remove the same along with any miscellaneous property left behind and fully restore the Licensed Premises to a usable condition. The Licensee shall reimburse the City for all expenses incurred in returning the Licensed Premises to a useable condition. 5. The Licensee hereby agrees to indemnify, defend, and hold harmless the City, its elected officials, its duly appointed_ officials, agents, employees and representatives, from and against any and all claims suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out of this Agreement or their use of the Licensed Premises. 6. Any action to enforce this Agreement shall only be filed in the Twenty -Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 7. This Agreement is not assignable. 8. No alcoholic beverages shall be served and/or consumed within the Licensed Premises. 9. No legal title or leasehold interest in the Licensed Premises shall be deemed or construed to have been created or vested in the Licensee by anything contained in this Agreement. 10. The Licensee, or its tenants shall provide and keep in force for the benefit of the City, a general liability insurance policy protecting the City and its employees against all claims for bodily injury or death occurring on or in the Licensed Premises for not less than $1,000,000 with respect to bodily injury, death to any one person or damage to Licensed Premises. Such policy of insurance shall be delivered to the City prior to the occupancy of the Licensed Premises 2 by the Licensee and all such policies shall contain an agreement by the insurers that the policy shall not be cancelled without at least thirty (30) days prior written notice to the City. 11. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier, (such as Fed Ex or UPS), as follows: If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator If to the Licensee: 12. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 13. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Licensee and the City and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry By: Wayne Jett, Mayor Z:\M\McHenryCityof\LicenseAgmtUtopia n.docx Licensee By: Exhibit A LEGAL DESCRIPTION OF LICENSED PREMISES Exhibit B SITE IMPROVEMENTS File Number Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant 't„� � 0 Tel 2. Name of Property Owner 5A MZ Tel (If other than Applicant) Address Fax Name of Engineer (If represented) Address 4. Name of Attorney (If represented) Address 5. Common Address or Location of Property 12.5y 6. Requested Actions) (check all that apply) _ Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance Tel Fax Tel Fax Zoning Variance -Minor Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: FORMA Page 1 of 3 7. Current Use of Property {�y 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and/Land Use onf Adjoining Prope��rtie� s North: G�t/ ��G/►r� Cd�, C� S1',,cvi Y East: 10. Required Attachments (check all items submitted) 9r e,UA^e.�71;C C4AA1 C <e. Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. 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 in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicants) Page 3 of 3 EM= 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 your request. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental 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. Ajokl<�� 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. FORM C Page 1 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. At n 0 U/7 rA UG t:) c�'Y �Ci�, 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. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORM C Page 2 of 2 I C ej MINE NO Od I� I FIRST FLOOR PLAN AI01 6CUS� VM � 1�' MEZZANINE pLp� I wnoaaN3 31Y1tl1 ARE APPR6(ItMTE i Au INrosae PARTRtlN3 ARE TD ee s• Trinc u.N.o. °' �'L' �� Is � � � � tHix s'�' �. All. PAR]RkN TTPL1 AIRC P-I UND LINTEL SGFIEDULE PWRK SECTIONB/SITES BEARING FAGN ENS LT W 15 AND II WxVP E M PLATE 6• L2 (5) ANGLE - S r 3 1/2 r WIG JJL G' L3 (3) ANGLES - 3 IR x 3 1/2 M WIG JJL 4' GIIIESPIE DESIf�J GROUP SANAusinm�PNr61f, t72 RMgrnoA, IAnok WAn A15.653.]160 phono v A15.653.]]UO lax »m.pimRvbsmpoup�on W W LL L.L O W rJ�o ro o d o zee . w s o� � 4 o = use 12' of Corner Lot 1.20" Approx Width • Dressing �� Room O Dressing Room 2 Retail .d • • c�i Space �;' O Bathroom • • �'� � Reta i I � �`, • c�i Space O -.. O i �O O O o❑o • • • F' � ❑❑❑ 1.10" Business Center L v! 0 op Sin Retail �� •. - Existing Entrance Office Performance Stage oho ❑� Scale 1 inch a 10 ��eet Coat Closet Bathroom Bathroom •�• � •�• � ■ • • � ��� . i • .� ���,, � � � �• � � � �� n ' Existing Entrance ■ ■ ■ Overview for 1252 N. Green Street Hidden Pearl coffee plans to move from our current location at 1208 N. Green Street to 1252 N. Green Street. The lot on the corner of Green and 120 is going to be part of the renovation. The plan calls for extensive remodeling and some added revenue to our business. The building is 7200 sq. ft. above grade and it will be used as follows; One third of the space is going to be divided into smaller commercial units that will be available for additional retail businesses. The remaining two thirds will be used by the coffee shop. The 4800 sq. ft. that will be the future coffee shop, will be divided into two spaces as well. The back half of the space will be converted into a live entertainment venue. We will be seeking an assembly use for that space. The goal of the venue is to host Comedy and Improve nights, Theatrical performances, Various special performance events, such as a folk music event or an art exhibit. We will continue to provide all ages entertainment, and will continue to push our events such as poetry night. We have had many baby and bridal showers over the years. We will use that space to continue with and expand on that. Lastly, we host multiple chamber and networking groups. We will continue to host them and use this space for that. We plan to build a small business center in the coffee shop too. For a monthly fee we will be providing an address for small businesses to receive ups/fedex packages, share office space and have use of a printer/copier. There will be a small and large conference room dedicated to our business customers. We plan to add other concierge services as this part of the business develops. We noticed this need almost immediately after opening our current location. The property at 1252 Green street is also next to Newman park. We would also be seeking some sort of entrance and seating use arrangement similar to the one granted for DC Cobbs and the Walsh Park project residing at our old location. We plan to seek a liquor license. The evening entertainment has requested it repeatedly. We have also had a request to add liquor for our evening networking groups and our evening social mixers. We have been seeking that for over a year now. For the exterior, we plan a simple face lift on the front of the building facing green street. We are going to remove and replace the broken small tiles as well as other minor repairs. The thought for the south side, the park side, is to have a mural professionally painted on the building. On the north side, the side facing 120, we plan to put in 3 or 4 store fronts with glass windows and doors. At the same time, we put the store fronts in facing 120, we will be focusing on the vacant lot. The current plan is to create a park like setting on the current green area, and add a nice walkway next to the building from the front to the back. We will repair the current spaces that are there and re -stripe them. We also intend on placing a monument sign on the corner. Respectfully submitted Dan Kernel Hidden Pearl Coffee /Utopian Roast LLC "► �, .��� OLD SOUL e� VtMOW OWN OEM '2all Insolroll, Inc. tll r. M Ira SP ti-��- per!.. �1� ■ North side of Building Proposed Elevation TMa �culherta -tr 72 trtt. r4 Lot 1 h 6- 24 In the fN 14 ,7 ?^at of Mc euay; w tF, e.a6 f F a: rotof jiml it ?He S IMr�sl t,IIt:^'trt rf c t' Ef. TIrmeehp 45 tfwlh. gro�je 1t Lq�j of Cha Th # c 0 U +`..h3 Io the r'1a1 IS„ t r n.ia1 JOY 0. Ip.lq pA �t`Iml. is Tha Kra1h«, elbxip 'C f•oi of Sub4nt t of Inl h kt Nutk 24 0 the Cerntf k 24 VA rthn Mh 4 kt the 0114=)Cl Plit mf tr64i ,ty, cn ffie Neal 9e „i Fr. tee (1„rc�.55 [re Nair+Y Pat Hn It), rr:acvd.r..j In the f at there f ,;xµIlay b 1%02 use Ih r,�en��l. 144 14ollp , n/,) ,A p.±::l.r 40, !n un, y Cooal1 , If'mele. flse Ok Doe to the, the 2 9ae 2( the plat USE •oo ! 4 Cor kw krxn 5 the / the trlls On f me uli;ip v ta &- A: h"rc. ha,p bl" C., IrA&j hf Cexrnany: Crv-W4TtInl VF51:.dirml. &4d I l!,�,'rr(crmat :n ShW ItO heacm i pxct,. , y lflet (tie In airtc to tom dwil TF:e `trroa &� rrIt sane x a IJ13stp kc^va+s"13 IS;cun h esn *a4 des stole 1'ro51. 'Mdy ce paaetle firm Iha elt:_rmium V,6*-JAOIL P.ne4 No 17nICG20—y d;l J Nobeg 16, ky I q rlha €cse 'x wea +date mm-e51 to be ,owp a real. Md C ar5A Waimea then"t, no dx mn oficA he D1l4mrce 4ldEo: L rr2e Pbdd*r rhh o e ras.xd cs f c ae"• rat Odd Mac Cti aastxpsUrxl end ad �rvay tm^n Mta baf' h bo4dsq., Md :aCtepaxrtfe3 is the %Ir"-- �er$y I sra xha7rn �+ the fi PG of I" ¢(nl rte bey oe .tole ..,,.. t..,...t A e r.._,.. .. 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: April 2, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: A Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing and limousine business at 4910 W. Elm Street ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated March 14, 2018 3. Ordinance Granting a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing and limousine business at 4910 W. Elm Street 4. 0-94-659 5. 0-99-902 6. Application Packet AGENDA ITEM SUMMARY: The applicant is seeking a conditional use permit to allow the outside storage of towed/impounded vehicles west of the existing building, in conjunction with their towing and limousine operation. BACKGROUND: The subject property was previously approved for outside storage and a subsequent ordinance to allow the installation of an overhead door (attached) however, the first conditional use limited the storage of vehicles to less than 24 hours/day and, technically, having outside storage requires permission 24 hours a day. ANALYSIS: In the City's Zoning Ordinance a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. As 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 previously stated the conditional use would be speccally for storage of vehicles, either impounded or retrieved from an accident scene, as well as from the applicant's limousine business. The proposed location of the outdoor storage is behind the fenced area to the west A the building and inside the building, neither of which are readily visible to the public. They will also not likely to visually detract from the surrounding area, and the applicant has been running this type of business for some time from this location. This request is merely to clarify and clean-up a technicality in the existing conditional use permit ordinance. There is an existing fence, and the building is in decent shape. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance granting a conditional use permit to allow outdoor storage of vehicles in conjunction with a towing and limousine business for the property located at 4910 West Elm Street. C 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 Subject Property: 4910 W Elm Street 3 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 March 14, 2018 Chairman Strach called the March 14, 2018 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following: Doherty, Meyer, Sobotta, Strach, and Walsh. Absent: Miller and Thacker. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, Economic Development Coordinator Wolf and Economic Development Assistant Conaway. Public Hearing: Viking Enterprise, LLC (Rex Towing) File No. Z-925 4910 W. Elm Street A Conditional Use Permit to Allow the Outdoor Storage of Vehicles Chairman Strach called the Public Hearing to order at 734 p.m. regarding File No 7-925 an application for a Conditional Use Permit to allow t the outdoor storage of vehicles in conjunction with a towing and limousine business as submitted by Viking Enterprise, LLC for the property located at 4910 W. Elm Street (Strach said Christopher court). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 24, 2018. 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 Martin Robb, 3109 Christopher Court, Johnsburg, IL and Dennis Norton, 3203 Christopher Court, Johnsburg, IL who were sworn in by Chairman Strach. Or. Robb provided a summary of the request before the Commission at this Hearing stating that he and his partner, Mr. Norton recently purchased the property at 4910 W. Elm Street. He stated they intended to operate McHenry Limousine Service from 4910 W Elm address 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 and simultaneously Rex Auto Towing came up for sale so they decided to operate both businesses from the subject address. Mr. Robb explained with both the limousine and towing business, they would need outdoor storage for more than a 24-hour period for the limousines and for the vehicles that are towed into the business due to their contract with various police departments. He opined that some of the limousines and towed vehicles might need to sit for longer than a 24-hour period. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow the outside storage of towed/impounded vehicles west of the existing building, in conjunction with their limousine and towing operation. The subject property was previously approved for outside storage and a subsequent ordinance to allow the installation of an overhead door, however the first conditional use limited the storage of vehicles to not more than 23 hours/day and technically having outside storage requires permission 24 hours a day. Director Martin stated the applicant is coming before the commission to request permission for outside storage for more than a 24-hour period so they are in compliance. In the City's Zoning Ordinance a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. Director Martin stated that Rex Towing tows for the McHenry Police Department whose ordinance is very strict and must be adhered to. As previously stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene, as well as from the applicant's limousine business. The proposed location of the outdoor storage is behind the fenced area to the west of the building and inside the building, neither of which are readily visible to the public. They are also not likely to visually detract from the surrounding area, and the applicant has been running this type of business for some time from this location. Director Martin opined that the property is well maintained. This request is merely to clarify and clean-up a technicality in the existing conditional use permit ordinance. There is an existing fence, and the building is in decent shape. Director Martin stated Staff is recommending Approval of a conditional use permit to allow the outdoor storage of vehicles directly related to the business operations on the subject property only subject to the following conditions as presented. 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 Director Martin stated that junk cars are not in sight. Staff finds the applicant is in substantial conformance with the criteria outlined in Table 31 for Conditional Use Permits in the Zoning Ordinance. Chairman Strach invited questions and/or comments from the Commission. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing 7:41 p.m. Motion by Doherty seconded by Meyer, to recommend to the City Council with regard to File No. Z-925, an application for a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing and limousine businesses on the property located at 4910 W Elm Street, McHenry, IL 60050 as presented by applicant Viking Enterprise, LLC, subject to the following conditions: There sha!! be no storage of anything other than vehicles �✓hich are directly -tied to the business on the property and; The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. All stored vehicles shall remain inside the building or within the fenced -in area. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Meyer, Sobotta, Strach, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Miller and Thacker. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding Flle No. Z-925 at 7:41 p.m. C� �-+•+�„4 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 VIC.Henr r Fax: (815) 363=2173 www.ci.mchenry.il.us ORDINANCE NO 18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF VEHICLES IN CONJUNCTION WITH A TOWING AND LIMOUSINE BUSINESS FOR THE PROPERTY LOCATED AT 4910 W ELM STREET 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 by Viking Enterprise LLC, 3109 Christopher Court, Johnsburg, IL 60051 ("Applicant") with the City, requesting a Conditional Use Permit to allow outdoor storage of vehicles in conjunction with a towing and limousine business on the property located at 4910 W Elm Street. The property is 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 March 14, 2018 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, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a conditional use permit to allow outdoor storage of vehicles in conjunction with a towing and limousine business in accordance with the following conditions: • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner and; 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 • All vehicles which may potentially leak automobile fluids, shall be stored inside only; and; • All stored vehicles shall remain inside the building or within the fenced -in area. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 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 12018 !3 Department of Community & Economic Development McHenry Municipal Center AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2018 CITY CLERK 7 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us rtT OP TM PDX RIVKR Exhibit A Legal Description of the Subject Property 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 N0. 0--94-659 WHSI2EAS, a written Petition signed by Walter d. and Joan H. Dambrowski has been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a Conditional Use Permit under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the following described property: Lots l4, 15 and 16 in Block 2l in Lakeland Park Unit No. 2, a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952 as Document No. 2600300 in Book 11 of Plats, page 66, in McHenry County, Illinois, commonly known as 4910 W. Elm Street, and; WHEREAS, said Petitioners are requesting the Conditional Use to permit operation of an auto body repair facility on the subject property; and WHEREAS, proper notice was given and a hearing was held before the City of Menenry Zoning Board of Appeals on April 18, 1994, at which time the Zoning Board did take evidence and view exhibits presented by the Petitioners, and; WHEREAS, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the requested Conditional Use Permit, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILT,INOIS, as follows: SECTION l: The Zoning Board of Appeals did find, and the City Council concurs, that it would serve the interest of the City if a Conditional Use Permit were granted for an auto body repair facility on the subject property, in that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. Any adverse effects of noise, glare,' odor, dust, waste disposal, bioekage 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. C. 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. r D. 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. E. 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. ' F. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 2: That a Conditional Use Permit is hereby granted on the foregoing legally described property, commonly known as 4910 W. Elm Street, McHenry, Illinois, to permit the operation of an auto body repair facility thereon, subject to the following conditions; 1. Staff approval of plans for landscaping, screening and fencing; 2. The refuse area be limited to a ten Egret by ten foot area. 3. No outside storage of vehicles, equipment, or supplies in excess of a twenty-four hour period; and 4. All hazardous solutions must be stored in a closed, fifty-five gallon drum, inside a lacked, Fenced -in concrete dike area. 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. ECTS _ ION 4: This ordinance sha11 be published ins pamphlet Form by and under the authority a£ 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 18th day of May, 1994. AYES; Bolger,_Locke, Bates, Lawson, Baird. ' NAXS: None ABSENT: None NOT VOTING: None ABSTAINED: None ity c1e D. 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. E. 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. ' F. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 2: That a Conditional Use Permit is hereby granted on the foregoing legally described property, commonly known as 4910 W. Elm Street, McHenry, Illinois, to permit the operation of an auto body repair facility thereon, subject to the following conditions; 1. Staff approval of plans for landscaping, screening and fencing; 2. The refuse area be limited to a ten Egret by ten foot area. 3. No outside storage of vehicles, equipment, or supplies in excess of a twenty-four hour period; and 4. All hazardous solutions must be stored in a closed, fifty-five gallon drum, inside a lacked, Fenced -in concrete dike area. 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. ECTS _ ION 4: This ordinance sha11 be published ins pamphlet Form by and under the authority a£ 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 18th day of May, 1994. AYES; Bolger,_Locke, Bates, Lawson, Baird. ' NAXS: None ABSENT: None NOT VOTING: None ABSTAINED: None ity c1e ORDINANCE NO. o--9g�9a2 AN ORDINANCE AMENDING A CONDITIONAL, USE PERMIT AT 4910 WEST ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, on May 18, 19941 the City approved Ordinance Q-94-659, which granted a Conditional Use Permit to allow an auto body repair facility at 4910 West Elm Street; and WHEREAS, a request has been fed with the City by Rex Olsen for an amendment to this Conditional Use Permit to allow the installation of a 10' x 10, overhead door and paved apron on the north side of the existing building; and WHEREAS, the City Council considered #his request on January 6, 1999, and determined that a referral to the Zoning Board of Appeals for a public hearing was not required in this case because of the minor nature of the proposed amendment;o and WHEREAS, the City Council has considered the request and evidence and finds that the approval of the requested zoning change 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 !T ORDA[NED BY THE CITY COUNCIL OF THE CITY QF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the properly commonly know as at 4910 West Elm Street, and legafiy described below, be granted an amendment to the Condit'sonai Use Permit originally approved on May 18, 1994, by Ordinance 0-94-659, to allow the installation of a 10' x 10' overhead door and paved apron on the north side of the existing building. Legal Description: Lots 14, 15 and 15 in Black 21 in Lakeland Park Unit No. 21 a Subdivision of part of the Northwest Quarter and par# of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952, as Document No. 260030, in Book 11 of Plats, page 661 in McHenry County, Illinois, SECTION 2: That the conditions of approval descrbed in Section 2 of Ordinance 0-94�659 shall remain in ful( farce and effect. SECTION 3: In granting said amendment to the Conditional Use Permit, the City Council finds that it will be compatible with existing uses in the area, and with the Permitted Uses in the zoning district, in the following ways: 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental 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. S. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the Environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. PubUc Se►vices 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. S. _Public Safety and Health The proposed use will no# 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. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location, SECTION 4: All Ordinances or parks thereof in conflict with the terms and provisions hereof are hereby repealed #a the extent of such conflict. SECTION 5: This Ordinance shall be published In pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, 1111nois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS zo�x DAY 04�, AT NUAI{Y , 4999. AYES: �OLGER, GLAD, 2iCCLATCHRY, MURGA�ROYD, $AIRD. NAYS: NONE' ABSTAINS©: NONE. ABSENT: NONE. NOT VOTING: NONE. /S YOR ATTEST: I ct _ . _ / r.... ' / To whom it may concern, My name is Martin Robb with Viking Enterprises LLC. I have recently purchased the property at 4910 W. Elm St. in McHenry (formerly Rex Auto Body and 24/7 Towing). I currently have two businesses operating on this property, McHenry Limousine Service, Inc and REX Towing, Inc. It has been brought to my attention that the zoning on this property currently allows for less than 24 hour parking/storage. Both of these businesses will at times require parking/storage in excess of 24 hours at a time. McHenry Limousine operates a fleet of fourteen vehicles. Some of these vehicles are only used for weekend charters. When not being used they will be parked on the property. REX Towing is contracted with multiple Police Departments for towing of vehicles involved in accidents and arrests. Many of these vehicles are required by a Police Department to be held for a minimum of 24 hours before release while many others will sit for days before being claimed by insurance companies, owners or salvage yards. These vehicles are stored in a secured, fenced lot until being claimed. For these reasons I am requesting a Conditional Use Permit be granted allowing for parking/storage as needed. Thank you for your consideration. Martin Robb Viking Enterprises LLC FORM A tanning anct ljoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant 7 3 Address Name of Property Owner (If other than Applicant) Address Name of Engineer (If represented) Address 4. Name of Attorney (If represented) Address (is 5. Cornmon Address or Location of Property 6. Requested Actions) (check all that apply) _ Zoning Map Amendment (Rezoning) VConditional Use Permit _ Zoning Variance j obt9s 1) Fax Tel Fax Tel Fax Tel Fax —Zoning Variance -Minor _Zoning Text Amendment Other Provide a brief description of the Requested Actions}. For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is ranll oO+Af4 ?. Current Use of Property 8. Current Zoning Classification of Property,lncluding Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: Saudi: East: West: 10. Required Attachments (check ail items submitted} Please refer to the Public Hearing Requuetnents Checklist to determine T1�e required attachments. 11 Application Fee (arrtount} $ IT7ro 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B � Zoning Map Ainendruent (Rezoning} Appticatlon �5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application S. Proof of Ownership and/or Written Consent from Property Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 1>�12. Sign (Provided by the City, to be posted by the Applicant) l3. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification l 7. Traffic Analysis ly 19. School impact Ana Sig FORM A Owner in the Form of an 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 be 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 stack or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. � i�nature of Applicant(s). Print Name and Designation of Applicants) FORMA Page 3 of 3 I rC7 7i�iiTi�YTi7i:l�7[I Y 5i �� t1� # Y�I . ' ttlttt-g T!TUAX-ItL133&IIJL City of 333 South Green Street McHemy, IL 60t)50 Tel: (815} 3{;3_217() Fax: (81.5) 363-2173 'Table 31 of tine 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 re�ond to each of these conditions as it relates to your rectuest. 1. 'Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposai 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 i_._ .. ,._........__...,..i.. ,.. 4,.,.11,.04 surroundings and with pen�itted uses in the zoiw�g district. "i'he use wilt not have undue deleterious effect on the cnvirontncntal duality, property values, or neighborhood character existing in the area oa• normally associated with permitted uses in the district. f Ur Jrlu�i .. Ld l L zjv. in0, FORM C rat) C U 61 �t?l�mAd ust S I'agc t of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that nonnally expected of permitted uses in the district, nor generate disproportionate dernand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. , isr- QILk 1 n �1� �' 1. iRvS 1 S � MU .) r) l`i 1�t �i')�D� 1 �� � CI�Cc� a o (M1 5 1n 7rylvu I L0 acne' e 0( 1 C rh man, Lr �)P f I U V �rcmlllfl'- In L)CA J�j(j(,C L)I)CLtU �t (Cil2 t7S 1tpc)n v 1.S i r� Q, ` v AJ, r 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 veneml nnhhe. in the vicinity 6. Other Factors The proposed use is in harnrony with all other eternenis of conkpatit�ility pertinent to the Conditional Use and its narticnlar inration_ FORM C Page Z of 2 �n Land Surveying, Inc. wwmrandcrdns.cum .... N. Madison St, Woodstock, Illinois 60099 Ph, 816J37.83,IO fax 815,337,9314 :Ilvsp forthfol to the proPorly hoe' RO1H MELEI IRAWN HY: SES CHBC%8D BY; WJV ICALH: 1c=20' ggD, 27 T, 45 H, 8 S. IASIS OF HIiARING: ASSUMED 09-27-302-003. 004 005 OB NO.: 170461 I.D. LSS 166DWOR% COMP.: 6 F L mans sum Ran"coun& anBnt IDVIXF eORREa110130 air F. 1 L '& 1 1 VJ 1. ki `i 1� V .LJ JL Lots 14, 15, and 16 in Block 21 in Lakeland Park Unit 2, a SubdlNsion of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 6 East of the Third Principal Meridian, according to the Plat f thereof recorded December 12, 1952 as Document No. 260030, In Book 11 of Plate, Page 66, in McHenry County, Illinois, AVFNV� .:..... ia':� e... 1.' �,_ s.:".. r.;,, ),f h. !bfA45i2� �7,,,�.. ,".°__. dr.,, "�:.... •: LEGEND BDUARD ® CURS INLET • FOUND IRON BAR O FOUND IRON PIPE ® FOUND MONUMENT SIGN ® STORM MANHOLE 10 TELEPHONE RISER (D) DE (R) RECORD M MEASURE 20' 0' 20' 40' SCALE 1' so 20' No dtst=ca 1111culd be assusned by scaling. No underground IMPMV=Cnts have been l000steil unless shmin and note(L NO representation as to Ownership, me, or POINIC3111011 should be hereon Implied. This Survey and Plat of Survey jare Vold without Original embossed or calmed ineal and signature affixeds Issue I I? LOT 13 '`�'PROFESSIONALt c LANs - S*l SURVEYOR ' STATR OF Ifmals c 3.R. ko )4LIN016 COUNTY OF MoHIiNRY) �Xrii�ale In >� professional opinion, and based on my observations, I hereby certify that we have surveyed the pramiees above described, and that the plat hereon is a true representation of the said Survey. This Professional service cant mino to the current HUnote minimum standards for a boundary Survey, Dated at Woodstock, McHenry County, IDinois 8 16 A.D., BD 17 Yandarstappen Land Surveying Inc. DeSiga Firm No. 184-008703 LHinols Professional Land Surveyor No. 3857 , MALT101AL Ting TRUSTEE'S DEED (Illinois) THIS AGREEMENT, made this clay of 1111, 2017, between Dawn M. Olson, as Successor Trustee under the provisions of a trust agreement dated the W" day of November 2012 and known as the Rekstad B. Olson Declaration of Trust, and Dawn M. Olson as Trustee under the provisions of a trust agreement dated the 9`' day of November 2012 and known as the Dawn M. Olson Declaration of Trust, Grantor, and Viking Enterprises, LLC, an Illinois limited liability company, Grantee. Y RECORDER�MCHENRY COUNTY, IL [ f3/2017 04:30PH PAGES RECORDING1t GIS FEE f0 STATE STAMP FEE f COUNTY STAMP FEE I HOUSINGRUSPS Ea �. r GY r WITNESSETH: The Grantor in consideration of the sum of TEN and NO/100 ($10.00) Dollars, receipt of which is hereby acknowledged, and in pursuance of the power and authority vested in the Grantor as said Trustee and Successor Trustee and of every other power and authority the Grantor hereunto enabling, does hereby convey and quit claim unto the Grantee, Viking Enterprises, LLC,'an Illinois limited liability company, the following described real estate, situated in the County of McHenry, State of Illinois, to Wit: LOTS 14, I S AND 16 IN BLOCK 21 IN LAKELAND PARK UNIT N0.2, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER, AND PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 12, 1952 AS DOCUMENT NO, 2600303 BOOK 11 OF PLATS, PAGE 66, IN MCHENRY COUNTY, ILLINOIS, pt PIN(s): 09-27-302=0039 09=27-3024049 09-27-302=005 Commonly known as: 4910 W. Elm Street, McHenry, IL 60050 together with the tenements, hereditaments and appurtenances thereunto belonging or in any wise pertaining. SUBJECT TO: covenants, conditions and restrictions of record and building lines and easements, if any, provided they do not interfere with the current use and enjoyment of the Real Estate; and general real estate taxes not due and payable at the time of Closing. IN WITNESS WHEREOF, the Grantor, as Trustee and Successor Trustee, as aforesaid, has hereunto set her ha>Zd and seal the day and year first above written. Dawn M. Olson, as Successor Trustee under the provisions of a trust agreement dated the day of November 2012 and known as the Rekstad B. Olson Declaration of Trust waswelcm of a trust agreement dated the 9`" day of November 2012 and known as the_ Dawn M. Olson Declaration of Trust STATE OF ILLINOIS ) ) SS. COUNTY OF McHenry ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Dawn M. Olson, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument at her free and voluntary act as such trustee and successor trustee, for the uses and purposes therein set forth. Public My commission expires: THIS INSTRUMENT PREPARED BY: William P. Petsche RothMelei 454 W. Virginia Street Crystal Lake, IL 60014 AFTER RECORDING RETURN TO: David LeSueur Diamond & LeSueur 3431 West Elm Street McHenry, IL 60050 SEND SUBSEQUENT TAX BILLS TO: Viking Enterprises, LLC 3109 Christopher Court Johnsburg, IL 60051 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: April 2, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow a drive-in establishment and outside seating at 4305 W Elm to develop a new Starbucks Restaurant ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated March 14, 2018 3. Drive—in Establishment Guidelines 4. Ordinance approving adrive-in establishment and outdoor seating at 4305 W Elm 3. Application Packet AGENDA ITEM SUMMARY: The applicant is seeking a Conditional Use Permit to allow a drive-in establishment and outside seating at 4305 W. Elm Street to develop a new Starbucks Restaurant. L:I,Z�I :(�l :Z�IiP►1 � In February 2015 a drive-thru was proposed at the Starbucks on north Richmond Road, which was constructed in approximately 2003. The applicant has a contract to purchase the Twisted Burger building at 4305 W. Elm Street, remodel and perform exterior and interior alterations, and add an addition to accommodate a drive-thru for a second Starbucks facility in the City of McHenry. The applicant has submitted an application for a conditional use permit for a drive-in facility and an outdoor seating and a parking variance however, in examining the application more closely, staff has determined a parking variance is not required. 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 ANALYSIS: The building is 1,905 square feet and 15 parking spaces/1,000 square feet of net floor area are required. The applicant is required to have 25 parking spaces and is depicting 27 on the site plan, as submitted. Starbucks has been open for many years on north Richmond Road and recently completed a major renovation, which has been a success. Starbucks has been seeking to open a second facility on the south side of town for some time. Attached to this supplement are the guidelines that the City Council adopted as a policy document for drive-in facilities. The proposed drive-in would be located on the east and north sides of the building. There is a bypass lane south and east of the drive-thru lane. Due to the existing floodplain and floodway, the applicant is not raising the site substantially. The only portion of the site being raised is the actual drive-thru pad on the east side of the building. The applicant has also submitted a traffic, parking and queuing study. Staff believes the plan presents an accurate representation of a well -designed circulation plan for a drive-thru restaurant for this location and recommends approval with the following conditions. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval to the City Council a Conditional use Permit to allow a drive-in establishment subject to the following conditions: • Site is developed in substantial conformance with the site plan and building elevations prepared by Ware Malcomb and consisting of four sheets and the landscape plan prepared by Dowden Landscape Design dated 2.16.18 and consisting of one sheet prior to a full certificate of occupancy; • Drive-thru "escape area" depicted on -site along with all arrows depicted on landscape plan shall be painted on the pavement on -site prior to a full certificate of occupancy; • The nine bullet points on page four of the traffic study, done by Gewalt Hamilton and dated February 8, 2018, shall be incorporated into the applicant's design and project prior to a full certificate of occupancy; • Dumpster enclosure shall be contained within a newly screened enclosure prior to a full certificate of occupancy. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance granting conditional 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 use permit to allow adrive-in establishment and outside seating at 4305 W. Elm Street to develop a new Starbucks Restaurant. 3 ■ AME O� TIIC C0.✓ Department of Community & Economic Development McHenry Municipal Center Subject Property: 4305 W Elm Street Vv' 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 Drive-in Establishment Guidelines Any Drive-in establishment proposed in the City of McHenry maybe subject to any or all of the Following design considerations imposed as conditions by the City Council. 1. Adequate spacing between order window/box and the nearest residentially zoned property. 2. Adequate number of stacking spaces is shown on site plan (five spaces per window). 3. No stacking space shall block any right-of-way or common driveway aisle. 4. Demonstrate an adequate turning radius is shown on the site plan as the onsite circulation path moves around the building or structure, particularly regarding emergency vehicle access. 5. Consider limiting the hours of operation of drive-in window, particularly if adjacent to residentially zoned property. 6. Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape median. 7. Consider limiting access cuts to public roadways. 8. Consider access to adjoining sites via an internal connection. 9. Drive-in establishments cannot face or be visible from a public roadway. 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 City of McHenry Unapproved Planning and Zoning Commission Minutes March 14, 2018 Public Hearing: Cornersite, LLC File No. Z-923 4305 W Elm Street Conditional Use Permit to Allow aDrive-In Establishment and Outside Seating and Parking Variance from the Off -Street Parking and Loading Requirements Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-923, an application for a Conditional Use Permit to allow a drive-in establishment and outside seating and Parking Variance from the Off -Street Parking and Loading Requirements at 4305 W Elm Street as submitted by David Schwartz, Cornersite, LLC, 3190 Doolittle Drive, Northbrook, IL 60035. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 26, 2018. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was David Schwartz, Cornersite, LLC, 3190 Doolittle Drive, Northbrook, IL 60062 who was sworn in by Chairman Strach. Mr. Schwartz provided a summary of the request before the Commission at this Hearing stating he is requesting a special use permit for a drive through as well as a conditional use permit for outside seating to remodel the existing Twisted Burger into a Starbucks Coffee Shop, Mr. Schwartz stated that he has been a commercial strip center developer for four to five years and has done five Starbucks. He stated that Starbucks has been trying to get on this end of Route 120 for 4 years. Mr. Schwartz further stated that he had a contract on the property next to the subject property but it was not viable for his purpose because of the flood plain. Mr. Schwartz stated Twisted Burger was willing to vacate their contract early and therefore he was able to come up with a plan that meets Starbuck's national 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 criteria. He further stated Starbucks intends to rebuild the entire inside of the building and will redo the outside of the building including a new roof, electrical/water service and parking lot. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant has a contract to purchase the Twisted Burger building at 4305 W Elm, remodel and perform exterior and interior alterations and an addition to accommodate a drive-thru for a second Starbucks facility in the City of McHenry at this location. In February 2015, a drive-thru was proposed at the Starbucks on north Richmond Road, which was originally constructed in approximately 2003. The applicant has submitted an application for a conditional use permit for a drive-thru facility, outdoor seating and a parking variance. Director Martin stated however in examining the application more closely staff has determined a parking variance is not required because the initial square footage measurements were gross square footage and not net; net square footage is the correct measurement for required parking spots. Starbucks has been open for many years on north Richmond Road and recently did a major renovation, which has been a huge success. They are now seeking a second facility south of town. Director Martin presented the supplement showing the drive-in establishment guidelines the City Council adopted as a policy document for drive-in facilities. The proposed drive-thru would be located on the east and north sides of the building. Director Martin opined that this lot does have a lot of flood plain/flood way and Mr. Schwartz is proposing to use the existing building and not raising the site substantially. He stated Starbucks would only make minor adjustments to the drive through pad on the east side of the building. Director Martin stated that this site has been challenging because of the flood plain/flood way and initial grade issues. Director Martin stated there is a bypass lane south and east of the drive-thru lane. Director Martin stated that the applicant has also submitted a traffic, parking and queuing study. Staff believes the plan presents an accurate representation of a well -designed circulation plan for a drive-thru restaurant for this location and recommends approval with conditions as presented. Director Martin opined Starbucks is designed very well and based on the traffic study; most traffic will be going to the east but added that a left turn out of the property is not ideal. He stated that staff is confident with the traffic study which Starbucks has provided. Director of Economic Development Martin stated staff recommends approval of a Conditional Use Permit to allow adrive-in establishment and outside seating on the subject property with conditions as presented and D — should the below sentence be moved up to after "and"?? Staff finds that the requirements in Tables 31 (Conditional Use Permit) have been met. 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 Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked where the patio for outdoor seating would be. Mr. Schwartz stated to the left at the entry and confirmed that it will be comparable to the existing property. Commissioner Doherty asked if there was curbing around the perimeter. Mr. Schwartz stated that there is not but that Starbucks will be adding curbing for the drive through lane and the drive out on the north side of the building. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:52 p.m. Commissioner Sobotta inquired if Starbucks had considered a separate in and out lane. Mr. Schwartz responded that they had but stated that [DOT is tricky to work with so they thought it was best to use the existing layout. Director Martin stated several options were considered including using the light but were ruled out because of expense and feasibility. Commissioner Sobotta opined that there might be difficulty in entering and exiting. Mr. Schwartz replied that he is comfortable with the plan because of the traffic study. He opined that the drive through is far enough away so that there will not be stacking onto Rte. 120. Mr. Schwartz further opined that the entrance/exit is far enough from the traffic light to make a left turn. He stated the gap study showed that there were 10 times more gaps than they thought. Commissioner Doherty asked if the radius of the drive through had been thoroughly checked. Mr. Schwartz responded yes but offered that they may need to tweak the plan and opined that there is room east of the drive through where there is landscaping that can be cut into if needed. Mr. Schwartz stated that the plan is not fully engineered but opined that it would be substantially in accordance. Motion by Sobotta, seconded by Walsh, to recommend to the City Council with regard to File No. Z-923 approval of a Conditional Use Permit to allow adrive-in establishment and outside seating on the subject property with the following conditions: • Site is developed in substantial conformance with the site plan and building elevations prepared by Ware Malcomb and consisting of four sheets and the landscape plan prepared by Dowden Landscape Design dated 2.16.18 and consisting of one sheet prior to a full certificate of occupancy; • Drive-thru "escape area" depicted on -site along with all arrows depicted on landscape plan shall be painted on the pavement on -site prior to a full certificate of occupancy; 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 nine bullet points on page four %J the traffic study, done by Gewalt Hamilton and dated February 8, 2018, shall be incorporated into the applicant's design and project prior to a full certificate of occupancy; • Dumpster enclosure shall be contained within a newly screened enclosure prior to a full certificate of occupancy. be granted, and Staff finds all requirements in Table 31(A) of the zoning ordinance have been net. Voting Aye: Doherty, Meyer, Sobotta, Strach, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Miller and Thacker. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-923 at 7:52 p.m. 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 18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN ESTABLISHMENT AND OUTDOOR SEATING IN CONJUNCTION FOR THE PROPERTY LOCATED AT 4305 W ELM STREET 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 by Cornersite LLC, 3190 Doolittle Drive, Northbrook, IL, 60035 ("Applicant") with the City, requesting a Conditional Use Permit to allow a drive-in establishment and outdoor seating on the property located at 4305 W Elm Street. The property is 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 March 14, 2018 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, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a conditional use permit to allow adrive-in establishment and outdoor seating subject to the following conditions: • Site is developed in substantial conformance with the site plan and building elevations prepared by Ware Malcomb and consisting of four sheets and the landscape plan prepared by Dowden Landscape Design dated 2.16.18 and consisting of one sheet prior to a full certificate of occupancy attached hereto and incorporated herein as Exhibit "B" (collectively "the Site Plan"); • Drive-thru "escape area" depicted on -site along with all arrows depicted on landscape plan shall be painted on the pavement on -site prior to a full certificate of occupancy; 10 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 nine bullet points on page four of the traffic study, done by Gewalt Hamilton and dated February 8, 2018, shall be incorporated into the applicant's design and project prior to a full certificate of occupancy attached hereto and incorporated herein as Exhibit "C" ("Traffic Study Recommendations"); • Dumpster enclosure shall be contained within a newly screened enclosure prior to a full certificate of occupancy. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 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. 11 PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS CITY CLERK DAY OF 2018 Department of Community & Economic Development McHenry Municipal Center 2018 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 �►:1:1L:3� �l LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 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 SITE PLAN Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www. ci. m the n ry. i I. us EXHIBIT C TRAFFIC STUDY RECOMMENDATIONS 15 T' Cornersite LLC April 27, 2017 Planning and Zoning Commission City of McHenry 333 S Green Street McHenry, IL 60050 RE: 4305 W. Elm (Rt. 120) To Whom It May Concern, This application is for the redevelopment of the existing building and parking lot at the above referenced location. Cornersite, LLC, based in Northbrook, IL, is the purchaser in contract of the property which is currently occupied "Twisted Burger," a fast -casual restaurant tenant. We currently have a fully executed Letter of Intent ("101") from Starbucks Coffee to occupy the building once it's been remodeled substantially in accordance to the plans we are currently submitting. Our plan entails adding a small addition to accommodate the drive through window on the east side of the building and, completely remodeling and re -cladding the exterior. The interior will be converted into a clean "Vanilla box" with new water service; increased electrical service and all new rooftop HVAC equipment. Starbucks will be responsible for its own interior buildout. Additionally, the parking lot will be remodeled to accommodate the drive through lane and completely resurfaced. The project will require a Conditional Use Permit for the drive through service and the outdoor seating. Required parking per the zoning code is three (3) parking spaces for every 200 square feet. Accordingly, we respectfully ask for your consideration for the required Conditional Use Permit and Parking Variation. hwa rtz 3190 Doolittle Drive, Northbrook, IL 60062 � Phone 847-230-1344 Cornersitellc.com Fax 847-513-9442 To: Mr. David Schwartz Cornersite, LLC From: Lynn M. Means, P.E., PTOE Senior Transportation Engineer February 8, 2018 Subject: Proposed Starbucks with Drive -Through Window 4305 West Elm Street (IL Route 120) McHenry, Illinois Part 1. Introduction and Project Context C Q NSU LTING ENGINEERS 625 Forest Edge I7tVJ Vernon Hills, IL, b(3t)Fil 7 HL $�.s.��iio Fax $4i.41$.�ior «rw sa. gha-en ginec: rs. com Gewalt Hamilton Associates, Inc. (GHA) has conducted a preliminary traffic and parking assessment for the proposed coffee shop with drive -through window and retail development located at 4305 West Elm Street (Illinois Route 120) in McHenry, Illinois. The 0.60-acre site is located on the south side of IL Route 120, west of Oak Drive, and currently contains the "Twisted Burge( restaurant. Access to the site is currently provided via one full access driveway on IL Route 120, approximately 275 feet west of Oak Drive. As proposed, the project consists of modifications to the existing building to contain a ±1,900 square -foot coffee sHOP with drive-thru window. The development will be served by a total of 27 parking spaces, including two (2) accessible spaces. Access to the development will be maintained via the existing driveway on Elm Street. The following provides a summary of existing conditions, site traffic characteristics and the analysis conducted, which includes a qualitative analysis of the development's impact on the surrounding roadway network, assessment of on -site circulation, parking analysis, drive -through stacking analysis and gap analysis. Exhibits and Appendices referenced are located at the end of this document. Part II. Background Information Site Location Map and Roadway Inventory Exhibit 1 provides a location map of the site vicinity. Exhibit 2 provides a photo inventory of current traffic operations. Pertinent comments to the adjacent roadways include: Illinois Route 120 (Elm Street) IL Route 120 is an east -west principal arterial roadway, providing afour-lane cross-section (two travel lanes in each direction) in the site vicinity. An eastbound left -turn lane and a westbound right -turn lane is also provided at its signalized intersection with Oak Drive. IL Route 120 is under the jurisdiction of the Illinois Department of Transportation (IDOT) and has a posted speed limit of 35 miles per hour (mph), west of Oak Drive, and 30 mph east of Oak Drive. IL Route 120 is designated as a Strategic Regional Arterial (SRA) route. SRA routes are designed to carry higher traffic volumes at higher travel speeds through access control and traffic signal installation I spacing. It is also designated as a Class II Truck Route. 6601 Stephens Station Road, Unit 107, Columbia, MO 65202 � TFT. 573.397.(90C1 � F9Y 573.397.6y01 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Oak Drive Oak Drive is a north -south major collector roadway, providing a two-lane cross-section (one travel lane in each direction). At its signalized "T" intersection with IL Route 120, a separate left- and right -turn lane is provided. It is under the jurisdiction of the City of McHenry, with a posted speed limit of 25 mph. Pedestrian and Bicycle Facilities A sidewalk is provided along both sides of IL Route 120 and the east side of Oak Drive within the study area. The Prairie Trail bicycle path is located to the east of the site, crossing IL Route 120 at Oak Drive. The path extends from Algonquin, Illinois (connect to the Fox River Trail in the south) to Genoa City, Wisconsin. Crosswalks with pedestrian push button signals with countdown timers are provided along all three approaches of the IL Route 120 and Oak Drive signalized intersection. Public Transportation The site is well served by public transportation. Pace Bus Route 807 provides weekday rush hour service between the Woodstock and McHenry. Along its route, it serves major destinations / employment centers including McHenry County Courthouse, McHenry City Hall, McHenry Market Place and Woodstock and McHenry Metra Stations, Pace Route 807 operates along IL Route 120 (eastbound and westbound) adjacent to the site with a scheduled stop at the IL Route 120 and Oak Drive intersection. Existing Traffic Exhibit 3 summarizes the existing weekday morning and evening peak hour traffic volumes. Peak period count data along IL Route 120 was obtained from IDOT's Traffic Count Database System. Based on these counts, the weekday morning and evening peak hours occurred from 8:00 to 9:00 AM and 4:00 to 5:00 PM, respectively. Exhibit 3 also provides the Average Daily Traffic (24-hour volume) along IL Route 120 obtained from [DOT. Summaries of the IDOT traffic counts can be found in Appendix A. Pertinent comments from the count data and our observations include: • During the weekday morning and evening peak hours, the distribution of traffic along IL Route 120, adjacent to the site, is heavier in the eastbound direction (approximately 55 percent) in the morning and heavier in the westbound direction (approximately 60 percent) in the evening. • During the weekday morning and weekday evening peak hours, vehicle queues on eastbound IL Route 120 at its signalized intersection with Oak Drive rarely extended beyond the proposed site access driveway. And during the infrequent occurrences, queues dissipated (cleared) between every cycle, permitting turns to both enter and exit the access driveway. Part 111. Traffic Evaluation Proposed Plan Exhibit 4 illustrates the Cornersite Conceptual Site Plan prepared by Ware Malcomb dated November 20, 2017. As proposed, to the existing restaurant building will be modified to contain a ±1,900 square -foot coffee shop with driveAhru window. The development will be served by a total of 27 parking spaces, including 2 accessible spaces. Access to the development will be maintained via the existing driveway on IL Route 120. Gewalt Hamilton Associates, Inc. —Page 2 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Trip Generation and Directional Distribution Exhibit 5 — Part A tabulates the traffic generation calculations for the proposed development. Trip generation rates published by the Institute of Transportation Engineers (ITE) in the 10I Edition of the Manual Trip Generation were used to determine the anticipated traffic from the proposed coffee shop with drive -through development. Not all vehicle trips expected to be generated by the proposed project represents new trips on the study area roadway system, studies have shown that for coffee shop developments, a substantial portion of the site -generated vehicle trips are already present in the adjacent passing stream of traffic or are diverted from another route to the proposed site. Based on data presented in the ITE Trip Generation Handbook, 3rd Edition, the average pass -by trip percentage for coffee shop uses is 83 percent. However, to provide a conservative analysis, a 20 percent reduction for pass -by traffic was applied to the development site - generated trips, consistent with IDOT guidelines for the preparation of traffic impact studies on SRA routes. It should be noted that the volume of pass -by traffic does not reduce the total trips generated and will still be realized as turning movements at the site driveways. Note: The existing site currently contained a restaurant use. Thus, the new trips as presented on Exhibit 5 provide a conservative analysis scenario, as a credit for the current site use was not considered in our analysis. Exhibit 5 — Part B provides the anticipated trip distribution of new site traffic. This was based on existing site travel patterns, the operational characteristics of the street system and competing opportunities. As shown, the majority of trips are anticipated to be oriented eastbound along IL Route 120, which reflects the convenience of right -turn movements, i.e., stopping for coffee on the way to work in the morning. Site and Total Traffic Assignments Exhibits 6A and 68 illustrate the site traffic assignments for the new and pass -by vehicle trips, respectively, which are based on the traffic characteristics summarized in Exhibit 5 (traffic generation and trip distribution) and assigned to the area roadways. Site and Existing traffic (see Exhibits 6A, 6B, and 3, respectively) were combined to develop Total Traffic, which is illustrated on Exhibit 7. Traffic Increases /Traffic Impact/ Deliveries As shown on Exhibits 5 and 6A, the total new (including both entering and exiting traffic) weekday AM and PM peak hour vehicle trips of 136 and 66, respectively, are expected on the roadways leading beyond the study area. Based on the anticipated directional distribution of the site traffic, this increase represents, on average, during the peak hours approximately one (1) vehicle every 1 to 2 minutes on IL Route 120. On a daily basis, volume increases in the range of approximately 625 vehicles are expected on IL Route 120, east and west of the site. This represents approximately a two percent increase based on the existing IDOT daily traffic volumes. However, as previously noted, the above increases are based on a very conservative analysis scenario, as they limit the pass -by (traffic already traveling on the adjacent traffic stream) to 20 percent, as well as do not consider traffic associated with the previous site use. Gewalt Hamilton Associates, Inc. —Page 3 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Accordingly, the amount of site -generated traffic is expected to have minimal effects on the operations of the external street network. Deliveries are expected to occur through the front door of the building and the refuse container is located at the southeast end of the site. In addition, in order to facilitate traffic both on and off site, the following should be considered: • Deliveries should occur during off-peak hours. • Employees should be encouraged to park in the two spaces opposite the drive -through lane entrance and the two spaces directly to the south of the driveway entrance. Additional employee parking, if necessary, should occur within the parking space at the east end of the site, from south to north. • Encourage the use of public transportation, rideshare or alternative modes of transportation (walking I biking) for staff, as applicable. • Providing bicycle parking on -site that is easily accessible. • Designate a parking stall (southernmost stall on the east side of the site) to accommodate large or special orders occurring through the drive -through. • "Do Not Enter' signs should be posted at the escape (drive -through by-pass) lane, as well as the terminus of the coffee shop drive -through lane to discourage wrong -way traffic from entering these driveways. • A Stop bar and Stop sign should be also be installed at the terminus of the coffee shop drive -through lane, as well at the escape lane. • Appropriate wayfinding signing should be provided on site to direct traffic to the coffee shop drive - through. • A change in pavement materials or color should be provided between the drive -through lane and the parking/drive-aisle, along with lane delineation/curbing, as appropriate. Gap Analysis Exhibif 8 provides the results of a gap study performed at the site access location with IL Route 120. A gap study was conducted by GHA on Wednesday, January 24, 2018 during the weekday morning (6:00 to 9:00 AM) and weekday evening (4:00 to 6:00 PM) peak periods for the existing four -lane cross section (two through lanes in each direction) on IL Route 120. The observed weekday morning and evening peak hours occurred from 8:00 to 9:00 AM and 4:00 to 5:00 PM, respectively. The data collected from the gap study is included in Appendix A. Gap studies are conducted to determine the duration and frequency of gaps, or interruptions in the through traffic stream, which permits vehicles on side streets site access to turn and enter the through traffic stream or vehicles on the mainline to cross the traffic stream to access a side street. The following four types of gaps were analyzed: • The number of gaps in the eastbound traffic stream on IL Route 120 to provide for a westbound turn movement movement from IL Route 120 onto the site access eastbound (Exhibit 8 — Part A). • The number of gaps in the eastbound traffic stream on IL Route 120 to provide for a northbound right - turn movement from the site to eastbound IL Route 120 (Exhibit 8 — Part B). Gewalt Hamilton Associates, Inc. —Page 4 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois • The number of gaps in the combined eastbound and westbound traffic streams on IL Route 120 to provide for a northbound left -turn movement from the site to westbound IL Route 120 (Exhibit 8 — Part C). During the critical peak periods, the types of vehicles performing the above movements is passenger cars only. A minimum clearance time (critical gap) of 4.1 seconds, 6.9 seconds and 7.5 seconds is required for one single passenger car to make a left -turn into the site, right -turn out of the site and a left -turn out of the site, respectively. The minimum timeframe between the departure of one vehicle making a leftAurn into the site, right -turn out of the site and a left -turn out of the site and the departure of the next vehicle using the same gap (follow-up time) is 2.2 seconds, 3.3 seconds and 3.5 seconds, respectively. The available gaps, which were identified by the data collection, were measured against the required amount of time for each movement, as described above. The following summarizes the results during the critical peak hour, as shown on Exhibit 8 — Part D: • Westbound left -turns into the site: 32 required, 633 gaps available during the weekday morning peak hour and 17 required, 635 gaps available during the weekday evening peak hour. • Northbound right -turns out of the site: 52 required, 283 gaps available during the weekday morning peak hour and 24 required, 297 gaps available during the weekday evening peak hour. • Westbound left -turns out of the site: 31 required, 111 gaps available during the weekday morning peak hour and 17 required, 103 gaps available during the weekday evening peak hour. Parking Analysis Based on the parking requirements outlined in the City of McHenry Code of Ordinances, 29 parking spaces are required for the proposed site uses. The City's parking requirements are summarized in Table 1. Table 1: City Parkins Requirements Use Size Parking Requirement Parking Spaces Coffee Shop with 13906 SF GFA 15 spaces per 1,000 SF of GFA 29 Drive -Through Window Total Provided 27 Based on GHA's experience, the parking requirements by City Code for the proposed development appear to exceed the anticipated peak parking demand that may be generated by the proposed coffee shop with drive -through window use. In order to project the peak parking demand for the proposed development, GHA referenced Parking counts conducted in 2015 and 2017 at 13 similar coffee shop with drive -through developments (Starbucks) in the Chicagoland area (see Appendix C). The sites surveyed were located on principal arterial roads with similar ADTs as IL Route 120. Based upon recent surveys at similar coffee shops with drive -through facilities (Starbucks), the peak parking demand did not exceed 19 spaces, which is 10 less spaces than the City code requirements. Accordingly, the anticipated peak parking demand is expected to be accommodated on site. lys Drive -Through Queuing (Stacking) Anais Gewalt Hamilton Associates, Inc. —Page 5 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois A drive -through queueing (stacking) analysis was conducted to determine whether the proposed store space is adequate to accommodate the drive -through vehicles in the coffee shop component of the development. Based on the Cornersite Conceptual Site Plan prepared by Ware Malcomb dated November 20, 2017 (see Exhibit 4), the on -site vehicle storage space of the proposed coffee shop drive -through window lane is 6 vehicles without disruption site access or on -site circulation. An additional 6 to 7 vehicles could be stored on -site (for a total storage of 12 to 13 vehicles), prior to impacting operations along IL Route 120. This satisfies the City Code requirements of 5 stacking spaces for a restaurant with a drive - through window. Based upon recent surveys conducted by GHA in 2015 and 2017 at 13 similar coffee shops in the Chicagoland area with drive -through facilities (Starbucks), the average stacking ranged between 4 and 9 vehicles, which can be adequately accommodated on site without impacting on- or off -site operations. The maximum stacking observed at the 13 locations surveyed was 12 vehicles, occurring at 1 of the 13 locations. However, this queue was realized when a special order came through the drive -through that required a processing time in excess of 5 minutes. As previously noted, it is recommended that a parking stall be designated to accommodate large/special or adjustments to orders to facilitate on -site circulation/drive-through operations. Staff should also be adequately trained to direct these vehicles to the stall / out of the drive through lane during peak hours of operation. Part IV. Recommendations and Conclusions A preliminary traffic and parking analysis was performed for the proposed Starbucks with drive -through to be located on the south side of IL Route 120, west of Oak Drive, in McHenry, Illinois. Overall, the development is anticipated to have minimal effect on the operations of the area roadway network, with the recommendations contained herein to facilitate traffic both on- and off -site: • Deliveries should occur during off-peak hours. • Employees should be encouraged to park in the two spaces opposite the drive -through lane entrance and the two spaces directly to the south of the driveway entrance. Additional employee parking, if necessary, should occur within the parking space at the east end of the site, from south to north. • Encourage the use of public transportation, rideshare or alternative modes of transportation (walking / biking) for staff, as applicable. • Providing bicycle parking on -site that is easily accessible. • Designate a parking stall (southernmost stall on the east side of the site) to accommodate large or special orders occurring through the drive -through. • "Do Not Enter" signs should be posted at the escape (drive -through by-pass) lane, as well as the terminus of the coffee shop drive -through lane to discourage wrong -way traffic from entering these driveways. • A Stop bar and Stop sign should be also be installed at the terminus of the coffee shop drive -through lane, as well at the escape lane. • Appropriate wayfinding signing should be provided on site to direct traffic to the coffee shop drive - through. • A change in pavement materials should be provided between the drive -through lane and the parking/drive-aisle, along with lane delineation/curbing, as appropriate. Gewalt Hamilton Associates, Inc. —Page 6 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Part V. Technical Addendum The following Exhibits and Appendices were previously referenced. They provide technical support for our observations, findings and recommendations discussed in the text. Exhibits 1. Location Map 2, Photo Inventory 3. Existing Traffic 4. Site Plan 5. Traffic Characteristics 6. Site Traffic a. New Trips b. Pass -By Trips 7. Total Traffic 8. Gap Analysis Appendices A. IDOT Count Data B. Gap Study Data C. Starbucks Survey Data 5342.900_Starbucks_ILRnute 120_McHenry_Traffic Summary.2.8.18.docx Gewalt Hamilton Associates, Inc. -Page 7 w ;_. , l� y f Exhibits .. FINN INN VFW FIN IN : t Ne r; v. IN IN, NNFI FIN, rr I IN 53I Y2� 1Ed2 INN _ yv .. IN, IF -- y� FIN ..'� l E R•C r3 ....... u t F l 'I FINIF•-�rtt St n . M ., •.,r.>i. .IFFY ' : t j ,F r '*. +IN, II, Fee G w NZ j P - u IF IN NNI y s;Yr vIt r,'-_ I fFI -,� - FIX �"%F FIN 4 •1 ,; 7.. NNI IN w FNI FINN IF NN, ✓a IN :A ! _ - t: CQY IN NNI NIFFIN INN IF GIF r. Proposed Starbucks —McHenry, Illinois Exhibit 1 Location Map Looking west along Elm St at Site Access Looking south across Elm St at Site Looking east along Elm St past Site Looking west along Elm St past Site Exhibit 2 Photo Inventory Page 1 � 1 Legend: xx AM Peak Hour (8:00-9:00 AM) ile Exhibit 3 Existing Traffic Sources: 1) IDOT 2015 ":cQrn�rsite s.l:crm: 12 ;:Darer C;,;j Sl:e Flan SITE AREA: ZDNIPJG: C-5 G.5> AS 4,932 SF I MAX, F.A.R.: 1.O1) BUILDING SETBACKS'. BULGING FOOTPRINT: 1905 SF LOVERAG E: FRONT: 3O FT 8% SIDE: 10 FT PAP,I<ING REQI:IRED: REAR: 30 FT i`200 SF 29 STALLS RI:ING P RO'JIDED: LANDSCAPED STRIP: 21STALLS FRONT: 10 FT SIDE: o FT REJ. ACCESSIdLF ?SFALLS REAR: 15 FT OFF-STRFET PARKING: DEPTH: 13 FT WIDTH: 9 FT VERTICAL: ] FT OR!VE AISLE: 24 PT RED. PARKING RAID BY USE: CARRYOUT Ill OG S= SATIN 3I200 S= R=TA1L a12000 S- ST AOKI IJG 5 EACH NOTES: Exhibit 4 Part m. Traffic Generation Calculations Land Use Exhibit 5 Project Traffic Characteristics Starbucks with Drive -Through Development- McHenry, Illinois ITE Morning Peak Hour Code Units In Out Sum Coffee Shop with Drive -Through Window #937 1.906 KSF Eveir�g ea Hour In Out Sum Weekday Daily In Out Sum Walk -In (35%) 32 28 60 14 14 28 274 274 548 Drive -Through (65%) 55 55 110 27 27 54 508 508 15016 Pass By Trips (20%) =17 47 -34 -3 -3 46 456 456 -312 Total New Trips (Proposed Site Use) = 70 66 136 33 33 66 626 626 11252 Source: ITE Trip Generation Manual; 10th Edition Part 8. Trip Distribution -New Trips Route &Direction McHenry Road Approach Depart Site From Site To -East of Site -West of Site 65% 3570 Oak Drive -North of Elm Street 10% 10% Total 100% 100% Legend: XX AM Peak Hour (8:00-9:00 AM) le Exhibit 6A Site Traffic New Trips Legend: XX AM Peak Hour (8:00-9:00 AM) Exhibit 6B Site Traffic Pass -By Trips Legend: XX AM Peak Hour (8:00-9:00 AM) ale Exhibit 7 Total Traffic Exhibit 8 Peak Hour Gap Study - Site Access and Elm Street Starbucks - 4305 Elm Street, McHenry, Illinois Wednesday, January 24, 2018 Part A. Eastboud Gap Distribution (for Left Turns Gap Interval (seconds) No. of Vehicles per Gap Interval Gaps in Eastbound Weekday AM Peak Hour (8:00-9:00 AM) Total Effective No. Gaps Gaps Traffic on Elm Street Weekday PM Peak Hour (4:00-5:00 PM) Total Effective No. Gaps Gaps 4.1 to 6.2 1 79 79 57 57 6.3 to 8.4 2 38 76 44 88 8.5 to 10.6 3 22 66 30 90 10.7 to 12.8 4 26 104 19 76 12.9 to 15.0 5 14 70 13 65 15.1 to 17.2 6 7 42 5 30 17.3 to 19.4 7 7 49 12 84 19.5 to 21.6 8 2 16 1 8 21.7 to 23.8 9 4 36 2 18 23.9 to 26.0 10 4 40 2 20 >26.1 11 5 55 9 99 Total Peak Hour Gaps = 633 635 Part 8. Eastbound Gap Interval 6.9 to 10.1 10.2 to 13.4 13.5 to 16.7 16.8 to 20.0 20.1 to 23.3 23.4 to 26.6 >26.7 Distribution (forRightTurns No. of Vehicles per Gap Interval 2 3 4 5 6 7 Gaps in Eastbound Traffic on Elm Street Weekday AM Peak our Weekday PM Peak Hour (8:00-9:00 AM) (4:00-5:00 PM) Total Effective Total Effective No. 60 31 13 10 6 4 4 Total Peak Hour Gaps = 60 62 39 40 30 24 28 283 No. 23 12 14 3 7 4 74 46 36 56 15 42 28 297 Part C. Eastbound and Westbound Gap Distribution (for Left Turns OufJ Gaps in Eastbound and Westbound Traffic on Elm Street Weekday AM Peak Hour Weekday PM Peak Hour Gap Interval No. of Vehicles per Total Effective Total Effective (seconds) Gap Interval No. Gaps Gaps No. Gaps Gaps 7.5 to 10.9 1 31 31 23 23 11.0 to 14A 2 19 38 16 32 14.5to17.9 3 3 9 4 12 18.0to21.4 4 4 16 5 20 21.5 to 24.9 5 1 5 2 10 >25.0 6 2 12 1 6 Total Peak Hour Gaps = 111 103 Part D. Gap Supply and Demand Summary Number of Vehicles Number of Gaps Needing a Gap Available Westbound Left Turns In Weekday AM Peak Hour (8:00-9:00 AM) 32 633 Weekday PM Peak Hour (4:00-5:00 PM) 17 635 Northbound Right Turns Out Weekday AM Peak Hour (8:00-9:00 AM) 52 283 Weekday PM Peak Hour (4:00-5:00 PM) 24 297 Northbound Left Turns Out Weekday AM Peak Hour (8:00-9:00 AM) 31 i l l Weekday PM Peak Hour (4:00-5:00 PM) 17 103 Source: Highway Capacity Manual, 61h Edition. AST HAMILTON ASSOCIATES, INC. Appendix A IDOT Count Data Volume Count Report �c���TION INFO Location ID 0560065 Type LINK Fnct'I Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction 2-WAY County McHenry Community MC HENRY MPO ID HPMS ID Agency Illinois DOT CC3�1[�T i�ATA B�lFO Count Status Accepted Start Date Mon 5/18/2015 End Date Tue 5/19/2015 Start Time 9:00:00 AM End Time 9:00:00 AM Direction 2-WAY Notes Station Study Speed Limit Description Sensor Type ITIm�L:��-iN Time Hourly Count 0:00-1:00 183 1:00-2:00 88 2:00-3:00 76 3:004:00 100 4:00-5:00 303 5:00-6:00 893 6:00-7:00 11570 7:00-8:00 11836 8:00-9:00 � 1,896 s 9:00=10:00 11611 10:00=11:00 11575 11:00-12:00 1,753 12:00=13:00 11961 13:00=14:00 1, 764 14:00=15:00 11890 15:0046:00 21299 16:00-17:00 21697 17:00-18:00 2,593 18:0049:00 21284 19:00-20:00 11752 20:00=21:00 1,304 21:00-22:00 829 22:00=23:00 492 23:00-24:00 296 Total 323045 AM Peak 08:00-09:00 1,896 PM Peak 16:00-17:00 21697 Volume Count Report l_C}OATiC}t� iNO -- Location ID 056 0065 EB Type LINK Fnct'l Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction EB County McHenry Community MC HENRY MPO ID HPMS ID Agency Illinois DOT Count Status Accepted Start Date Mon 5/18/2015 End Date Tue 5/19/2015 Start Time 9:00:00 AM End Time 9:00:00 AM Direction St, Notes Station Study Speed Limit Description Sensor Type MAMMA= Time Hourly Count 0:004:00 79 1:00-2:00 28 2:00-3:00 43 3:00-4:00 62 4:00-5:00 249 5:00-6:00 694 6:004:00 1 ,1 04 7:00-8:00 1,079 8:00-9:00 ,? 1,020 9. 9:00-10:00 897 10:00-11:00 777 11:00=12:00 851 12:00=13:00 946 13:00-14:00 753 14:0045:00 857 15:00-16:00 11017 16:00=17:00 1,122 17:00=18:00 1, 073 18:00-19:00 13068 19:00=20:00 743 20:00-21:00 532 21:00-22:00 353 22:00=23:00 179 23:00-24:00 130 Total 15,656 AM Peak 06:00-07:00 1,104 PM Peak 16:00-17:00 1,122 IwC3Caf�'1"I�C� IEC3 Location ID 056 0065 WB Type LINK Fnct'I Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction WB County McHenry Community MC HENRY MPO ID HPMS ID Agency Illinois DOT Count Status Accepted Start Date Mon 5/18/2015 End Date Tue 5/19/2015 Start Time 9:00:00 AM End Time 9:00:00 AM Direction St, Notes Station Study Speed Limit Description Sensor Type !N i E��L;bldmIG� Time Hourly Count 0:00-1:00 104 1:00-2:00 60 2:00-3:00 33 3:004:00 38 4:00-5:00 54 5:00-6:00 199 6:004:00 466 7:00-8:00 757 8:00-9:00 =_-, = 876 9:00A0:00 714 10:00A 1:00 798 11:00-12:00 902 12:00-13:00 11015 13:00=14:00 11011 14:00=15:00 11033 15:00=16:00 11282 16:00=17:00 11575 17:00-18:00 11520 18:00A9:00 11216 19:00-20:00 1,009 20:00=21:00 772 21:00-22:00 476 22:00-23:00 313 23:0044:00 166 Total 163389 AM Peak 11:00-12:00 902 PM Peak 16:00-17:00 1,575 Appendix B Gap Study Data Gewalt Hamilton Associates Inc. 625 Forest Edge Drive Vernon Hills, Illinois, United States 60061 (847) 478-9700 (means@gha-engineers.com Count Name: Elm St (IL 120) /Site Access (Twisted Burger) Site Code: Start Date: 01124/2018 Page No: 1 2.0- 3.0- 4.0- 5.0- 6.0- 7.0- 8.0- 9.0- 10.0- 11.0- 12.0- 13.0- 14.0- 15.0- 16.0- 17.0- 18.0- 19.0- 20.0- 21.0- 22.0- 23.0- 24.0- 25.0- 26.0- 27.0- 28.0- Total Start Time 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 26.0 99.0 6:00 AM 12 3 1 4 4 3 5 1 0 0 1 2 2 2 0 1 1 0 0 0 0 0 0 1 114 38 22 14 11 6 B 2 2 1 1 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 108 40 31 18 6 4 4 5 1 0 2 4 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 116 35 26 18 4 10 5 2 1 3 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 105 34 29 20 8 7 3 5 5 1 0 0 1 2 1 0 0 0 2 0 0 0 0 0 0 0 0 0 118 49 32 16 13 7 5 7 2 2 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 135 37 27 17 11 6 9 3 2 3 2 3 1 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 123 45 26 16 12 10 3 3 1 1 2 1 1 1 0 1 1 0 1 0 0 0 0 0 0 0 1 1 127 42 18 20 16 7 5 6 2 3 2 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 123 46 25 19 10 4 6 4 2 1 4 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 123 3 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 103 42 23 15 1 9 1 2 2 5 3 2 0 0 0 0 1 1 0 0 1 0 0 0 0 0 0 0 108 36 26 11 6 5 4 2 2 0 1 1 1 1 0 0 2 0 1 0 0 0 0 0 0 1 0 0 100 49 17 13 5 5 1 4 1 1 1 1 0 0 0 1 0 1 0 0 0 0 0 1 0 0 0 0 101 35 19 4 7 7 5 2 3 2 2 0 0 0 0 0 0 1 0 1 1 0 0 0 0 0 0 0 89 35 28 10 7 2 4 1 2 0 2 0 0 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 95 47 29 12 6 6 7 1 3 1 1 0 0 1 0 0 0 1 0 0 1 0 0 0 0 0 0 0 116 5:45 PM 48 20 22 6 6 6 4 3 1 3 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 121 Total 806 480 300 168 133 93 64 48 35 36 22 17 10 7 7 7 8 7 2 8 2 0 1 0 1 1 2 2259 Total % 35.7 21.2 13.3 7.4 5.9 4.1 2.8 2.1 1.5 1.6 1.0 0.5 0.4 0.3 0.3 0.3 0.4 0.3 0.1 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.1 100.0 Gewalt Hamilton Associates Inc. Count Name: Elm St (IL 120) / Site Access 625 Forest Edge Drive (Twisted Burger) Site Code: Vernon Hills, Illinois, United States 60061 Start Date: 01/24/2018 (847) 478-9700 Imeans@gha-engineers.com Page No: 2 Westbound Westbound 2.0- 3.0- 4.0- 5.0- 6.0- 7.0- 8.0- 9.0- 10.0- 11.0- 12.0- 13.0- 14.0- 15.0- 16.0- 17.0- 18.0- 19.0- 20.0- 21.0- 22.0- 23.0- 24.0- 25.0- 26.0- 27.0- 28.0- Total Start Time 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 99.0 6:00 AM 4 1 1 0 0 3 0 0 2 1 1 3 0 0 1 2 1 0 1 0 1 1 1 0 2 1 11 38 6:15 AM 11 4 1 0 0 2 2 2 2 2 0 2 2 0 0 0 1 0 2 0 0 0 1 0 0 1 12 47 6:30 AM 5 1 7 6 2 3 1 1 3 3 3 0 2 2 2 2 0 0 0 0 1 0 1 0 0 1 9 55 6:45 AM 11 10 8 6 6 5 3 3 4 1 0 2 2 0 3 0 1 1 0 1 0 0 2 1 1 1 5 77 7:00 AM 13 9 11 2 7 5 0 5 0 3 1 2 0 1 2 1 0 2 0 1 2 1 0 0 1 0 6 75 7:15 AM 17 14 15 4 6 3 2 5 4 1 0 1 1 1 0 3 0 0 0 2 0 2 1 0 0 1 4 87 7:30 AM 18 8 11 8 6 2 3 1 3 0 2 2 0 2 2 2 0 1 1 1 2 2 0 0 0 0 5 82 7:45 AM 21 15 7 4 6 4 2 4 2 2 1 2 3 0 1 3 0 0 0 1 2 0 0 0 0 0 6 86 8:00 AM 12 10 7 6 2 6 0 4 0 1 3 3 3 0 1 0 0 2 1 0 1 1 1 0 0 1 8 73 8:15 AM 24 12 7 6 5 2 0 2 2 3 2 3 2 3 0 0 0 0 1 1 1 0 0 0 2 2 6 86 8:30 AM 20 11 11 6 6 2 4 2 3 1 1 4 1 0 1 1 1 0 0 1 2 0 1 1 0 0 5 85 8:45 AM 14 9 12 7 5 4 3 4 1 3 3 2 0 2 1 0 1 0 0 1 0 1 0 1 0 0 6 80 4:00 PM 28 8 8 6 5 2 0 5 1 4 1 1 0 1 0 0 0 0 2 0 1 0 0 1 0 0 6 80 4:15 PM 32 21 7 5 12 1 2 0 1 1 1 0 1 0 0 1 2 1 0 2 0 0 1 0 0 1 4 96 4:30 PM 18 14 9 5 4 8 5 0 1 2 0 1 1 0 0 1 1 1 1 1 1 1 0 0 0 0 4 79 4:45 PM 32 15 15 4 8 5 0 3 1 1 0 0 3 0 2 1 0 0 1 0 0 0 0 2 0 0 4 97 5:00 PM 29 14 6 4 6 3 0 2 3 3 0 2 0 1 0 2 0 1 0 0 0 1 0 1 0 0 4 82 5:15 PM 24 17 9 4 4 4 0 1 2 2 2 1 3 1 0 2 0 0 0 0 2 0 0 1 0 0 3 82 5:30 PM 24 21 11 5 2 5 1 4 2 0 0 0 0 1 1 0 0 2 0 0 0 1 0 1 1 0 5 87 5:45 PM 31 8 10 9 7 5 4 2 2 1 2 0 1 3 1 0 0 0 1 0 0 0 0 0 1 2 3 93 Total 388 222 173 97 99 74 32 50 39 35 23 31 25 18 18 21 8 11 11 12 16 11 9 9 8 11 116 1567 Total % 24.8 14.2 11,0 6.2 6.3 4.7 2.0 3.2 2.5 2.2 1.5 2.0 1.6 1.1 1.1 1.3 0.5 0.7 0.7 0.8 1.0 0.7 0.6 0.6 0.5 0.7 7.4 100.0 Gewalt Hamilton Associates Inc, 625 Forest Edge Drive Vernon Hills, Illinois, United States 60061 (847) 478-9700 (means@gha-engineers.com Count Name: Elm St (IL 120) / Site Access (Twisted Burger) Site Code: Start Date: 01/24/2018 Page No: 3 2.0- 3.0- 4,0- 5.0- 6.0- 7.0- 8.0- 9.0- 10.0- 11.0- 12.0- 13.0- 14.0- 15,0- 16.0- 17,0- 18,0- 19,0- 20.0- 21,0- 22.0- 23.0- 24.0- 25.0- 26.0- 27.0- 28.0- Total Start Time 3.0 4.0 5.0 6,0 7,0 8.0 9.0 10.0 11.0 12.0 13.0 14,0 15,0 16.0 17.0 18.0 19,0 20,0 21.0 22,0 23.0 24.0 25.0 26.0 27,0 28.0 99.0 6:00 AM 28 17 16 12 3 3 5 1 4 6 1 0 1 1 2 1 2 2 1 1 0 0 0 0 1 0 1 109 6:15 AM 32 16 13 7 11 5 7 5 3 3 3 2 2 0 2 0 0 0 0 1 0 0 1 0 0 0 1 114 6:30 AM 31 19 16 13 7 6 3 3 5 4 2 1 0 2 0 0 3 0 1 0 0 0 0 0 0 0 0 116 6:45 AM 33 20 15 8 7 6 9 4 0 4 1 2 0 2 1 0 1 0 0 0 0 0 0 0 0 0 0 113 7:00 AM 29 27 16 8 4 5 3 1 3 3 5 2 2 0 1 0 0 0 0 1 1 0 0 0 0 0 0 111 7:15 AM 25 20 18 3 8 7 3 1 5 4 0 1 0 0 1 1 1 0 0 0 0 0 0 0 0 0 2 100 7:30 AM 24 20 17 9 9 7 4 7 2 3 1 2 2 2 0 0 1 1 0 1 0 0 0 0 0 1 0 113 7:45 AM 32 23 15 11 9 5 4 4 4 2 1 1 1 1 3 1 1 1 1 0 0 0 1 0 0 0 0 121 8:00 AM 24 16 15 10 7 6 7 5 1 5 3 1 2 1 0 1 0 0 0 1 1 2 0 0 1 0 0 109 8:15 AM 29 17 10 15 11 5 3 2 2 1 2 0 1 0 1 1 2 1 1 0 0 0 1 0 0 0 4 109 8:30 AM 22 12 22 9 9 3 5 4 4 5 2 4 2 0 1 0 1 2 0 0 0 0 1 1 0 0 0 109 8:45 AM 32 21 13 11 7 6 3 2 2 6 2 0 2 1 2 1 1 0 0 0 1 0 1 0 0 0 0 114 4:00 PM 19 21 17 10 8 7 4 4 6 3 3 1 0 0 0 0 2 2 0 0 0 0 0 0 2 0 1 110 4:15 PM 26 18 17 5 5 5 5 6 7 0 4 1 1 1 2 1 1 1 0 1 0 2 0 0 1 0 0 110 4:30 PM 28 24 11 7 8 4 7 1 2 2 1 1 3 0 1 1 1 3 0 0 0 0 0 1 2 2 0 110 4,45 PM 33 15 17 8 6 8 4 1 3 3 3 1 0 4 0 0 2 0 0 0 0 0 1 0 0 0 1 110 5:00 PM 20 19 9 11 13 6 10 3 1 3 1 1 1 2 1 2 1 0 2 0 0 1 0 0 0 0 0 107 5:15 PM 36 20 14 11 8 11 1 2 3 5 2 2 1 2 0 0 1 0 1 0 0 0 0 0 0 0 0 120 5:30 PM 32 24 12 13 8 6 8 4 2 4 1 1 3 2 2 1 0 0 0 2 0 0 0 0 0 0 1 126 5:45 PM 28 18 23 9 8 8 5 4 1 6 1 2 1 1 1 1 1 1 0 0 0 0 1 0 0 0 1 121 Total 563 387 306 190 156 119 100 64 60 72 39 26 25 22 21 12 22 14 7 8 3 5 7 2 7 3 12 2252 Total % 25.0 17.2 13.6 8.4 6.9 5.3 4.4 2.8 2.7 12 1.7 1.2 1.1 1.0 0.9 0.5 1.0 0A 0.3 0.4 0.1 0.2 0.3 0A 0.3 0.1 0.5 100.0 Appendix C Starbucks Survey Data Appendix C Starbucks Survey Data Summary - January 2015 and July 2017 Group 1-MoIII Peak Period (6 AM to 10 AM) -January 2015 Parking Demand Drive-Thru Queue Annual Average Location Maximum Maximum Average Daily Traffic (Year) Schiller Park, IL 12 9 8 36,300 (2014) Irving Park Rd at Ruby St Geneva, IL 14 4 4 353700 (2014) 1441 S. Randall Rd Schaumburg, IL 12 10 8 43,800 (2013) Golf Rd. east of Higgins Rd Streamwood, IL 9 7 7 423400 (2013) 647 S. Sutton Rd (IL 59) Libertyville, IL 4 8 8 27,500 (2013) 1640 N. Milwaukee Ave (IL 21) Mundelein, IL 8 10 8 5,350 (2013) / 15,400 (2013) IL60atIL83 Bartlett, IL 14 10 9 363200 (2013) Army Trail Rd at Sutton Rd (IL 59) Evanston, IL 12 8 7 91150 (2014) / 11,100 (2014) Central St at Crawford Ave Northbrook, IL 14 10 9 32,200 (2014) Willow Rd at Waukegan Rd (IL 43) Group 2 -Morning Peak Period (6 AM to 9 AM) -July 2017 Location Evanston, IL Parking Demand Drive 12 10 6 15,400 (2016) 13 12 6 39,900 (2014) 17 10 6 26,000 (2015) FORM A PUBLIC jut APPLICATION Planning and Zoning Commission City of McHenry File Number Z-923 333 South Green Street � McHem•y, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 L Name of Applicant Cornersite. LLC Tel 847-230-1344 Address 3190 Doolittle Dr Fax 847-753-6605 City_Northbrook, IL State IL, Zip_60035 2. Name of Property Owner Ed Burley Tel 815-893-0020 (If other than Applicant) Address 2572 Achilles Lane Crystal Lake, IL 60014 Fax 3 n 5 City Crystal Lake Name of Engineer (If represented) Address City Name of Attorney (If rep Adresented) dress _State IL Zip 60035 State Zip, Common Address or Location of Property 4305 W. Elm, Mchenry, IL 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit ( 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 Twisted Burger Restaurant 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 Zoning including ORD-03-1166 CUP to allow service of alcohol in conjunction with a restaurant and ORD-104515 Revised CUP to allow addition of limited live indoor entertainment (Karaoke) during weekend business hours. 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application X 6. FORM D — Zoning Variance Application 7. FORM E —Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) X 13. Site Plan X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification X 17. Traffic Analysis 18. School Impact Analysis Owner in the Form of an FORM A Page 2 of 3 1 I . 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 in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s� Print Name and Designation of Applicants) David Schwartz, Manager FORM A Page 3 of 3 FORM CJ: File Number CONDITIONAL USE PERMIT Planning alld 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. Pleas:. respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The proposed site plan utilizes the existing curb cut and is designed to maximize traffic fi•om eastbound Route 120. Its design utilitzes Starbucks Coffee national expertise for planning of optimal drive through stacking, placement of menu boards and pickup window to ensure maximum efficiency and minimal congestion. There are 6 car stacking contained within the drive through lane and potential overflow stacking of more than 10 additional cars before there is any chance of drive through traffic backing up onto the public right of way. 2. Environmental 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. A drive-thorugh coffee restaurant is in keeping with the current C-5 zoning. Although we will be installing a new exterior grease interceptor there will be no cooking beyond a microwave done on site. Environmentally, it will be less intense than its current use. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. A free standing drive -through restaurant is very much in keeping with the streetscape of West Elm Street. There are several similar uses within a 1 mile stretch including McDonalds, Pizza Hut, Burker King, KFC Dunkin Donuts Taco Bell and IHOP many of which have drive through service. FORM C Page 1 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. The project will make use of existing utility connections all of which are already on site. The propsed 4" sewer is commensurate with the existing sanitary sewer service and the proposed 2" water service is in keeping with the needs of any food 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. The property once finished will be operated and maintained in accordance with a first class restaurant and/or shonnina center facilitv. 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 south side of Rt 120 is the "Morning side" of the street and is ideal for accessing eastbound traffic which will be heaviest before 10:00 am when Starbucics Coffee does over 70% of its business. Additionally, it's an ideal compliment to the other "Daily needs" retail users located in the immediate area including grocers banks and restuarants FORM C Page 2 of 2 Prom, mcgehris@gehrislaw.cor Sent: Tuesday, February 13, 2C To: 'Jack Minero; 'Ed Burley' Cc: David Schwartz; 4305 W. Subject: RE: Twisted Burger On behalf of the seller, Edward Burley, I am authorizing the Cornersite, LLC, to submit the application for a zoning varia If you require any further information, please contact me. sincerely, GEHRIS ASSOCIATES,itc JV11rOHNEWS AT LAW 820 E. Terra C"otta Avenue, Unit 203 Crystal Lake, IL 60014 phone: (815) 893L0020 Fax: (815) 893-6957 This communication, along with any documents, files c addressee and tray contain legally privileged and confi you are hereby notified that any dissemination, distribu attached to this Communication is strictly forbidden. If the sender immediately and destroy the original comnmt saving in any manner. This communication does not fo Uehris & Associates, LLC. tl��e wo�3icl love f l��:ae send us ycata�� feecii�ack �r®rea: Jack Minero [mailto:jminero@starcicre.com] Sent: Monday, February 12, 2018 5:07 PM To: Ed Burley <juneluscavich@hotmail.com>; Michelle C Cc: schwartz@cornersitellc.com Subject: Fwd: Twisted Burger A 9:55 M Im Street ntract purchasers of 4305 West Elm Street in McHenry, at this location, attaclzn�ents, is intended otriy for the use of the al information. If you are not the intended recipient an or copying of any information contained in or JLi have received this message in error. please notify ication and its attachments without reading, printing or n any contractual obligation on behalf of the sender or hearfrc�n; y€�ul y �lavi�ing gar°; �.��e lir�i« balotr�; Gehris <mcgehris@gehrislaw.com> CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (continued) 5. The land referred to In khi0 Cotnmltnlent is described as follows: PARCEL 1; COMMITMENT NO, 17PNW526001CL LOTS 11 AND 12 IN A. H. HANLEY'S OUT -LOTS TO WEST MCHENRY, A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9, 1879, IN BOOK 1 OF PLATS, PAGE 7, IN MCHENRY COUNTY, ILLIN0134 PARCEL 2: THE WEST HALF OF THE FOLLOWING DESCRIBED PREMISES: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27 WHICH LIES SOUTH OF THE CENTER LINE OF THE HIGHWAY RUNNING FROM MCHENRY TO WOODSTOCK AND WEST OF A LINE WHICH IS 3 CHAINS AND 37 LINKS EAST OF THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (EXCEPTING THEREFROM LOTS 11 AND 12 OF A.H. HANLEY'S OUT -LOTS TO WEST MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9,1879, IN BOOK 1 OF DEEDS, PAGE 7, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF WHICH LIES SOUTH OF THE NORTH BANK OF THE CREEK), IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING FROM SAID PARCELS 1 AND 2 THAT PART THEREOF FALLING IN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27 AND THE CENTER LINE OF OLD WOODSTOCK AND MCHENRY ROAD, SAID POINT OF INTERSECTION ALSO BEING THE NORTHWEST CORNER OF SAID LOT 12 OF A.H. HANLEY'S OUT -LOTS TO WEST MCHENRY; THENCE SOUTHEASTERLY ALONG THE SAID CENTER LINE OF OLD WOODSTOCK AND MCHENRY ROAD, FOR A DISTANCE OF 181.13 FEET TO A POINT ON THE EAST LINE OF THE SAID WEST HALF OF THE WEST 3 CHAINS, 37 LINKS (EXCEPTING THEREFROM SAID LOTS 11 AND 12 IN A.H. HANLEY'S OUT -LOTS TO WEST MCHENRY) THENCE SOUTHERLY ALONG THE LAST DESCRIBED EAST LINE, FOR A DISTANCE OF 66.04 FEET TO THE POINT OF INTERSECTION WITH A CURVED LINE DRAWN CONCENTRIC WITH AND 40.0 FEET RADIALLY DISTANT SOUTHWESTERLY OF THE CENTER LINE OF FA ROUTE 21 (ILLINOIS ROUTE 120); THENCE NORTHWESTERLY ALONG THE LAST DESCRIBED CONCENTRIC LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 2178.1 FEET, FOR AN ARC LENGTH OF 95.18 FEET; THENCE NORTHEASTERLY ALONG A LINE DRAWN RADIAL TO THE CENTER LINE OF SAID FA ROUTE 21 (ILLINOIS ROUTE 120), FOR A DISTANCE OF 10.0 FEET TO THE POINT OF INTERSECTION WITH THE EXISTING RIGHT OF WAY LINE OF SAID FA ROUTE 21 (ILLINOIS ROUTE 120); THENCE NORTHWESTERLY ALONG THE EXISTING RIGHT OF WAY LINE OF SAID FA ROUTE 21 (ILLINOIS ROUTE 120), SAID RIGHT OF WAY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 2188.1 FEET FOR AN ARC LENGTH OF 96.08 FEET TO A POINT ON THE WEST LINE OF SAID LOT 12; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 12, FOR A DISTANCE OF 35.18 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, PARCEL 3: ALL THAT PART OF LOT 17 OF THE COUNTY CLERK'S PLAT, SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6,1902 IN BOOK 2 OF PLATS, PAGE 41, LYING NORTH OF THE www� Copyright American Land Title Association. All rights reserved. npu.nrcny LAN[) i'1_fi,f lillll-{PION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Commitment (06/17/2006) Printed: 04412,17 @ 04:53 PM Page 3 IL-CT-FSU MI080.225426-SPS-1-17-17PN W 526001 CL CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (continued) COMMITMENT NO, 17PNW526001 CL NORTH BANK OF BOONS CREEK AND EAST OF THE WEST LINE OF LOT 12 OF HANLEY'S OUT -LOTS AFORESAID, EXTENDED SOUTH TO THE NORTH BANK OF SAID CREEK, AND WEST OF THE EAST LINE OF LOT 11 OF HANLEY'S OUT -LOTS AFORESAID, EXTENDING TO THE NORTH BANK OF SAID CREEK, IN MCHENRY COUNTY, ILLINOIS. EXCEPTING THAT PART TAKEN FOR ROAD PER CASE 02ED32 AS FOLLOWS; THAT PART OF LOTS 11 AND 12 IN A.H. HANLEY`S OU7 LOTS TO WEST MCHENRY, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9, 1879 IN BOOK 1 OF PLATS, PAGE 7, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 12 WITH THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 ACCORDING TO FINAL JUDGMENT ORDER NUMBER 72-2779 FILED APRIL 21, 1976 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, MCHENRY COUNTY, ILLINOIS; THENCE SOUTHEASTERLY 96.08 FEET ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 ON A CURVE TO THE RIGHT HAVING A RADIUS OF 2188,10 FEET, THE CHORD OF SAID CURVE BEARS ON AN ASSUMED BEARING OF SOUTH 70 DEGREES 10 MINUTES 34 SECONDS EAST, 96,07 FEET TO AN ANGLE POINT ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE SOUTH 21 DEGREES 04 MINUTES 55 SECONDS WEST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120, A DISTANCE OF 10.00 FEET; THENCE NORTHWESTERLY 92.36 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 2178.10 FEET AND BEING 10.00 FEET RADIALLY DISTANT SOUTHERLY OF AND CONCENTRIC WITH THE SAID SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120, THE CHORD OF SAID CURVE BEARS NORTH 70 DEGREES 07 MINUTES 58 SECONDS WEST, 92.35 FEET TO A POINT ON THE WEST LINE OF SAID LOT 12; THENCE NORTH 0 DEGREES 23 MINUTES 06 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.53 FEET TO THE POINT OF BEGINNING. END OF SCHEDULE A A AIf.RICAN Copyright American t_and Title Association. All rights reserved. i.�un iilu The usa of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, .. ALTA Commitment (06/17/2006) Printed: 04.12A7 @ 04:53 PM Page 4 IL-CT-FSU8-01060.225426-SPS-1-17-17PNW 526001 CL ALTA/NSPS LAND TITLE SURVEY 4305 W. Elm Street, McHenry, Illinois LEGAL D6scRIPTION: Parcel Area: 24,968 Sq. Feet PARCEL I: LOTS 17 PND 721N A. H. HANLEY'S OUT LOTS TO WEST MCHENRY, A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 7/4 OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9, t879, IN BOOK 1 OF PLATS, PAGE 7, IN MCHENRY COUNTY, ILLINOIS. PARCEL2 THE VJE6T HALF OF THE FOLLOWING DESCRIBED PREMI6ES: THAT PART OF THE NORTHWEST QUARTER OF THE 60UTHEAST QUARTER OF SECTION 27 WHICH LIES 60UTH OF THE CENTER LINE OF THE HIGHWAY RUNNING FROM MCHENRY TO WOODSTOCK AND WEST OF A LINE WHICH IS 3 CHAINS AND 37 LINKS EAST OF THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (EXCEPTING THEREFROM LOTS 11 AND 12 OF AH. HANLEY'S OUT •LOTS TO WEST MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9,1879, IN BOOK t OF DEEDS, PAGE 7, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF WHICH LIES SOUTH OF THE NORTH BANK OF HE CREEK), IN TOWNSHIP 46 NORTH, RANGE B EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING FROM SAID PARCELS 1 ANO 2 THAT PART THEREOF FALLING IN THE FOLLOW NG DESCRIBED TRACT: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST UNE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27 ANDTHE CENTER LINE OF OLD WOODSTOCK AND MCHENRY ROAD, SAID POINT OF INTERSECTION ALSO BEING THE NORTHWEST CORNER OF SAID LOT 120FAH. HANLEY'S OUT •LOTS TO WEST MCHENRY; THENCE SOUTHEASTERLY ALONG THE SAID CENTER LINE OF OLD WOODSTOCKAND MCHENRY ROAD, FORADISTANCE OF 181.13 FEET TOA POINT ON THE EAST LINE OF THE SAID WEST HALF OF THE WEST3 CHAINS, 37 UNKS(EXCEPTING THEREFROM SAID LOTS I1 AND t21N AH. HANLEY'S OUT •LOTS TO WEST MCHENRY)THENCE SOUTHERLY ALONG THE LAST DESCRIBED EAST LINE, FOR A DISTANCE OF 66.04 FEET TO THE POIM OF INTERSECTION WITH A CURVED LINE DRAWN CONCENTRIC WITH AND 40.0 FEET RADIALLY DISTANT SOUTHWESTERLY OF THE CENTER LINE OF FA ROUTE 21 (ILLINOIS ROUTE t20); THENCE NORTHWESTERLY ALONG THE LAST DESCRIBED CONCENTRIC LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 2176.1 FEET, FOR AN ARC LENGTH OF 96.1 B FEET; THENCE NORTHEASTERLY ALONG A LINE DRAWN RADIAL TO THE CENTER LINE OF SAID FA ROUTE 2t (ILLINOIS ROUTE 120), FOR A DISTANCE OF 10.0 FEET TO THE POINT OF INTERSECTION WITH THE EXISTING RIGHT OF WAY LINE OF SAID FA ROUTE 21 (I W NOIS ROUTE 120); THENCE NORTHWESTERLY ALONG THE EXISTING RIGHT OF WAY LINE OF SAID FA ROUTE 21 (ILLINOIS ROUTE 120), SAID RIGHT OF WAY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 2188.1 FEET FOR AN ARC LENGTH OF 96.08 FEET TO A POINT ON THE WEST LINE OF SAID LOT 12; THENCE NORTHERLY ALONG THE WEST UNE OF SAID LOT 12, FOR A DISTANCE OF 35.18 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 3: ALL THAT PART OF LOT 17 OF THE COUNTY CLERK'S PLAT, SECTION 27, TOWNSHIP 46 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6,19021N BOOK 2 OF PLATS, PAGE 47, LYING NORTH OF THE NORTH BANK OF BOONS CREEK AND EAST OF THE WEST LINE OF LOT 120E HANLEY'S OUT -LOTS AFORESAID, EXTENDED SOUTH TO THE NORTH BANK OF SAID CREEK AND WEST OF THE EAST LINE OF LOT 1t OF HANLEY'S OUT -LOTS AFORESAID, EXTENDING TO THE NORTH BANK OF SAID CREEK IN MCHENRY COUNTY, ILLINOIS. EXCEPTING THAT PART TAKEN FOR ROAD PER CASE 02ED32 AS FOLLOWS; THAT PART OF LOTS 11 AND 121N AH. HANLEY'S OUT LOTS TO WEST MCHENRY, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9,18791N BOOK 1 OF PLATS, PAGE 7, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 12 WITH THE SOUTHERLY RIGHT OF WAY LINE OF i W NOIS ROUTE 120 ACCORDING TO FINAL JUDGMENT ORDER NUMBER 72-2779 FILED APRIL 21, 19761N THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, MCHENRY COUNTY, ILLINOIS; THENCE SOUTHEASTERLY 96.08 FEET ALONG THE SAID SOUTHERLY RIGHT OF WAV LINE OF ILUNOIS ROUTE t20 ON A CURVE TO THE RIGHT HAVING A RADIUS OF 2188.10 FEET, THE CHORD OF SAID CURVE BEARS ON AN ASSUMED BEARING OF SOUTH 70 DEGREES 10 MINUTES 34 SECONDS EAST, 96.07 FEET TO AN ANGLE POINT ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE SOUTH 21 DEGREES 04 MINUTES 56 SECONDS WEST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 12a, A DISTANCE OF 10.00 FEET; THENCE NORTHWESTERLY 92.36 FEET ON A CURVE TO THE LEFT HAVING A RADIUS OF 2178.1D FEETAND BEING 10.00 FEET RADIALLY DISTANT SWTHERLY OFAND CONCENTRIC WITH THE 541D SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 720, THE CHORD OF SAID CURVE BEARS NORTH 70 DEGREES 07 MINUTES 58 SECONDS WEST. 9236 FEET TO A POINT ON THE WEST LINE OF SAID LOT 12; THENCE NORTH 0 DEGREES 23 MINUTES O6 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 12, A DISTANCE OF t0.53 FEET TO THE POINT OF BEGINNING. uJmror calc� �Q�q /Av Found Imn Ber _ 1 OI./, 'Noe Paedway Take 2O 4�,d EYaN(vtltHr grsrBaY S Found Iran Bar �` � � yY 0.73' Weat& O.B9 S 6'NoP RaadveY ¢': 2--754a�� taSfiAE Teke ..':.�:: .., Ca':.":.Y"d�..�':.P:::...� 9 9 ..\_::.�: :': ':."4'. �.... ram._____ __,�... T ..... .,••..... ...... 75J-__. p_�- Found Iron Ber A ............................. V � �� T> Found Iron Bar �y R wrasa' "_____�. .( 5'ty Ot PayadwaY PrOPerty Comer ....................... .:... ��-___-� AB ............... .r Take ':... { �A RifTRlo� ,yp L...6V9pr. .�'' 4,a �� � ��$ x52P1 * -- ' s� P �' -- - -_' "�>,rq' ,��' , Aug �' , ur 6 _ h1' �D�r ,h I ---- '' R e� o � ; —� �-- -' ,.; � -- ��,D.�e Rey �-. a �, '. ''-_> aund Iron 90r----- �r� =' ''yy1?" T W �' -L p.Ai'B'ly-_ _ Aj2 r�F'� P ___ � illYRkf ` a��___ -O'>56.. �' � �� -,5p - � � 3 "e v�t. _-----_�`�>;5 � � 4 --# - 4� `4�� � evr � 4�f ''�( _ . RzP.ra°p4 L°'@ww�r � xws L�/'' m>ua, w ,(f � e �' R .R ,�' ,- / - � ,r / I � -� �a - - >u„ �' Ao - - F aa� a a ; � �' � ,9 �¢ _.. ... � � -//�+ ' �C '-� �% and Ironer -2v..._ _j+ ,,JAB � v anxn �f � 4�5.... F T :' �. xuAusv� N LSY' :� 1 3H Eost6 livlu¢ 1£UIRfl2N rQ1/r / � e SriR3'(y➢l � �—'�—' ��p �s��t - -- -` .� M S4 _" mod' / � 4.srNyr w N --t �'a`r. One Story a�unr \ ^�� �5mw ui r O x � J/PoHJgD� Frame Building »^' � io aq�w, ,� o � rY�Bgr # 4305 W. ,'d' � .�'� ^,?a ,��' �� Z (1,863 Sq. Feet), 4,gsT sxceclow � � ; ___,_-______ - -g- Fauna Iron Ber ��, : ' y' _ 'P� M NOT INCLUDE D - � � 2 '` 0.93' Weo[ \ 'r" -. - � M1rF5�'GOr _ � - rj - p��GL �C.,p ;f'Y`t— — — --_. a 7y7 m�arttg P JNa�E ._ ��E� - / ,: 4 � -- — t �r � — � -_ __ � 5 �'•. Found Imn Bar tav � ,�, e0 - � a � ca Lac comer O -� ��, +�,+ _ T. -'752 �'- i{ � w --�- � � '• Z . �yA - I .� 5 ���. I51________-�. '`-86.73' Mmg= — .� " - M.92' Maas:- � � `}� ` �2 �_ - 4 - _ _ r� � -- �g W J/ - --__--''��\-�-�� rkNAmrr °��� .�,_`��pA Cj`L may+\. v �a -- n' )�O: _- �_ Setlmn ear j_--J2r-, ,� 9 _--_ - —� -- # On une `�>4J _-> �- _- 1 IXdr�lm ¢- VK ':`` - --Zjd.,_-33 0 ek _- '� FLOOD NOTE: By graphics plotting only, portions this property Its in ZONE "X (UNSHADED). X j H�EDI AND AE" of the Flood Insurance Rate Map, Community Panel No. 17111 CO206J date 11 LEGEND effective /16/2006 Exact designations can only be determined by an Elevation �����...,,��®� �� Certificate. Based on the above information, this property � °� � Q =FOUND IRON PIPE � PARTLY in a Special Flood Hazard Area. = 3�89$ WO=WATERVALVEVAULT ° ��®FESSB®N�'', � =B-eDx L14ND S�D�i/EY®02 ° • � >� =STREETLIGHT $���E ®� yy � =CURB INLET �•, OLLiN®IS .7 y�� � =FIRE HYDRANT `C4����°•° � =MANHOLE ��V ������������j�Y°y�®y ��,® O =STDRM MANHOLE �Q� �L_1-IJ1»'' Qs=SANITARYMANHDLE NOTES. © =GAS VALVE 1. ND eWtlentt oe observed f elty use as a aolld xveG dump, vamp, Dr mnitvry ImdBll. 2 Ne apaclRc Elravl Interwctim vupppiled by dlm,t O = I.B.T. BDX S. Ne aNtlmee et recant earth mDNnO wmk buFNnq cenNroetlen, m Eugtllnq Dddltime obearvea In the pmmee of tlolnq the field 0' 15' 30' 45' �..°I"`iD areumde mrom,atrm mppnea by agent �Q, =POWER POLE 5. The fdlaMng woe taken fiom Utle Commitment Na 17PaNryN3]e0a1Ct£cvement of illlnele Bell TeleDhme Company, Ib euccmeon and TRANSFORMER r�na t�aai � =ELECTRIC opva�le illnm a oalea,M wlhd. nnt4 1vw,�f6aacna eeyulpm nL to9e�th�iing agnCatmaNfcin ib arra�mndul2b�, ou „ant �e a far thv mvN<DMing thereof h dmg ana under the roads etraety, ana hlghwaye odpinlnA the pnperty ed by John L Matach © =CABLE BOX M 27, township 43 B vaaHon nodh, range aae4 at Ne third D„ac¢DI me„dlan and tv operate Its Ilnm of tMepl,me ana tdpraph lhwan WgeNm MN Ne right under mparNeim hvm time to thne to trim from on a otlbininq vvkl property m av tv keep mla 6S'! = TRAFFIC COMROL BOX To: JJRKS, INC., an Illino%s Corporation: Ire. rree rram meenmenae br tree.. (ND agmmmt prDMa.a) B. No DUa eaeemenb or aeMWtlm eon dlaclwed In praNdetl documanb. Q =MAIL BDX This IS fP eBltlly Thal Ibis ma ]. Roof htlBht la 7B1.fiB (NAVDBa Datum) and la meoauma at the hlAheal root peok of the eWclum p orplet and the survey on which if is based Were made in accordance with the 2016 Minimum Standard aThe mrren: zmanq dveewaanon (ae mppued by the chy et Naxmry) le B-3. Deteil Requiroments 1PrALTA/NSPS Land Title Surveys, jointly asreblished and adopted byALTA and NSPS, and inWudes Items 1_i2 A. The to drones storm base flood aew6Dn (BEE) aP emne week at me moot apatremn sage Df This property Iv 753.2'(NAw967 ® = A/C UNIT 3, 4, 5, ba, 66, 7a, 7b, 7c B 9 11 14 i6 17 1B end 19 of Table A thereof. The 6e/dvrork wee completed on Juna 16, 2017. �Damalnq m flood Imurantt study (Fls) n111ewpIA g W21 b 753.7 (NAwee). Par ndd mmauramDnta arm me nooe Inannae to mop fm Nla area, portlonv of ihly pmpvrty are lomtetl In Zone % n hatletl), Zone x (9,aded), mtl Zme AE epecid Rmtl °`°a` Luco Construction Company sAaaw •aa.Ow.dla4,tNd,aDAu annmara awwee".a,.M Date ofPlet or Mep: June 21a42171L% BENCHMARK INFORMATION: prerminmmeree Fam Ne. 109.galeg9 -�//+��/A'�\` NGS DATA 91E£f NHm20: AT MCHENRY , ALONG GREIII STREET, ABOUT MIDWAY BflWE'D! EW 51REET (BTAIE HIGHWAY 120) AND Common Atltlrass:4306 W. Elm Stroa[, MCHonry, IL PEAAL STREET, AT THE POST OFFICE (NOW PRIVATE ODMPANY: FO% PoVER SA9H AND DDDR COMPANY), gT VERRCALLY IN 1HE NORTH Job Number: l7-d2230 Drawn By: JAC FACE OF NORTHEAST t%BWER OF MAIN PART OF BUILDING ]6 FEET FAST OF IFiE EABr WRB UNE OF GREEN 51REEr, 6 1/2 FEET I 1 2OFFEr� ��E tEVEI- OF BH6 Jeffrey Spirek PL � ABW GgNCP 9LLDUi Cfer,l: Gohrla (tS10D7) . F�FlI�SIRNEE'(�ANO T 2�FEEiTMBELOW�ryEG MARK CAN B RE�EAI tl1E08Y ILLINOIS PROFESSIO ND SURVEYOR NO. 3896 0.5 MILE FASt ALONG MAIN STREET FROM 1HE di053LNC OF THE WIWGO MID NORTH WFSIQ2N RNLWAY AND 5rATON AT MCFIEWIY , REGISTERED AGENT FOR LUCO CONSTRUCTION COMPANY 1HENLE ABWT 0.3 MILE NORTH AND NORTHEAST ALONG GREEN STREET. Dab of Fbltl Work ComplDtlan: 6/1e2p1) LICENSE 70 BE RENEWED NOVEMBER 30, 2016 ELEVATION 76a53 NAwBB RaNalans: REVIBIONB dill dii, did, 115, Aid, w did, dill III, dii. did 'I'd Adild did, 'If dill did, dill Addid 1 '11" did, did III, IF V +• "�.11dw did Idi, did, did Idd, did 1 y did, dill d1pd Wild. 111, dild did did did, 4—WATE MREET WADE MAPLE 2 Y.' lidd di. did, %io did Ill didd did.. - (PARIUNp LOFIBUN06T\ \ w di., , 'lid w did did did * did. did. di \ \'11, lio did'I did, did, did, did di. , III, && I Aid dill 11d did, 110 14—OWEMUFFWVM1JRNWWae' .. \ \ \ \ \�did `.\ \ W did, did, w lidd w dill W kid. \\\` dill dirdId, 110, did 11P liddid 41, '11P did, "I'd did, dill, w dild 11, \ —9KVUNE LOCUSft X'\ \ \ \ \ �v'(J\ \\ \ \ did, did ��� div did, W III, dild dddi� mi, dill di, W . did, dddd� did, 110, 11, dil, dild'd ' - 15—pNARFPIWREDROPSEEO \ w did did, did \ \ill Idiv didd did III,didd III, did \\\\ \ die IN IN . \ \ \idid Ado \/\IdId 'Jild did did, di, IIi 11—utitGLVVm HyDRANf le'-2P \ �-r�� did, did did, did + "Idlddldd� dill did di, did, lid di. dill did did did diddid si, dio de did did, III. * did did *- - W Lt :) _ \ 1 4 w�a ' _ .. \ \ ' dild did did, dill dio did, die diddod + I. 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"I'd lid Sentry Ginkgo Ginkgo bVoba 'Princeton Senhy 2 W 811113 raker Read Grass Calannagrostis ad�uffgom 'Kad F;QersWr Gallon Pots \U _ s ^ ��^ OEC1000087REEPUNfItN30EfNL PREMIUM BLUEGRASS MIX a5 LBS PER i,aoo sF 20% MIDNIGHT KENTUCKY BLUEGRASS 20% DENIM KENTUCKV BLUEGRASS 20%LANGARA KENTUCKY BLUEGRASS 20% BIUESTAR KENTUCKY BLUEGRASS. 10% PRIZM PERENNIAL RYEGRASS 10%SUNSHINE PERENNIAL RYEGRASS .°o,nvou wwANpe 1umw.m DS-75 ON CONTROL BLANKET NOTTO aCALE BMN fO�s J p1 � ^ N 0] � � m d, C 3 $ary O E a w ►S� CornersI I LLC 4305 W. Elm 4305 W. ELM STREET MCHENRY, IL CH117-0027-00 CONCEPTUAL DESIGN 02,07,2018 WARE M�LCOMB architecture I planning I interiors I branding I civil _'A oV �sr� �- s�r E- M I I i � I 1 I I I a4 _—��� _� � � 4 I E.EVATION UI.JI�j J xcrax amass- Cti b%IIIbL BOARD TOP OF J UILDING BETBAJWJ CK PA SE BACK ---- PROJECT DATA: 7kT SITEAREA: I� 1 lal 1 1 Conceptual Site Plan ZONING: C-5 MAX. F.A. 1,00 BUILDING SETBACKS: FRONT: 30 FT SIDE: 10 FT REAR: 30 FT LANDSCAPED STRIP: FRONT- 10 FT SIDE: 0 FT REAR: 15 FT OFF-STREET PARKING: O EPTH: 18 FT WIDTH:. 9 FT VERTICAL• 7 FT DRIVE AISLE 24 FT REQ. PARKING RATIO BY USE: CARRYOUT 1/100 SF EAT IN 3/200 SF' RETA{L 9/2000 SF STACKING 5 EACH VICINITY MAP: NTS � Cornersite, LLC 2110 Zp7 pg SHEET MCHENRY, IL VYYiL` 1�\ VICINITY MAP: NTS � Cornersite, LLC 2110 Zp7 pg SHEET MCHENRY, IL VYYiL` 1�\ SCHEME 2 Exterior Perspective :,�Cornersite,LLC 4305WELM tiT� x �/������ cHI17-oo27-0o SHEET MCHENRY, IL $ Exterior Elevation West SCHEME2 Conceptual Exterior Elevations i CVI "1=1 al @ LLC 4305 W ELM � MCHENRY, IL Exterior Elevation East ,IF ax W Exterior Elevation North WzARE Mz�l_�u✓���1L7 021107 2 18 S �ET KEY NOTES O1 NEW HORIZONTAL SIDING A. FINISH TO MATCH COLOR AND PATTERN SHOWN O2 NEW HORIZONTAL SIDING B. FINISH TO MATCH COLOR AND PATTERN SHOWN O3 EXISTING FASCIA BOARDS TO BE PAINTED COLOR 1 O4 NEW DRIVE -THROUGH ADDITION WITH OPERABLE WINDOW O5 NEW STACKED STONE VENEER TO MATCH PATTERN AND COLOR SHOWN O6 NEW EIFS FINISH SYSTEM TO BE PAINTED COLOR 2 , SCHEME 2 O� NEW MULLION FINISH TO MATCH COLOR SHOWN. EXISTING GLASS TO REMAIN O8 NEW SIGNAGE TO FOLLOW STARBUCKS SIGNAGE GUIDELINES Exterior Perspective NEW SHINGLE ROOFING WITH FINISH TO O9 MATCH COLOR SHOWN. ALT. KEEP EXISTING SHINGLE ROOFING NAL LANDSCAPING IMPROVEMENTS 10 OPTIO Cornersite, LLC MCHENRYLIL � r+'11Ilu1li 1v� ����1'�/1� 021107 oza �g SH�ET 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 DISCUSSION ITEM SUPPLEMENT DATE: April 2, 2018 TO: City Council FROM: Derik Morefield, City Administrator Doug Martin, Director of Economic Development David McArdle, City Attorney RE: Transmittal of Information to City Council in Preparation for April 2, 2018 Discussion of Meyer Material Pit Conditional Use Permits, Variances, Amendments to Annexation Agreements, and Other Related Issues ATT: Transmittal Memorandum of Information from Staff Regarding Identified Concerns dated March 5, 2018. Includes: • Unapproved Planning and Zoning Commission Minutes from February 14, 2018 Planning and Zoning Meeting • DRAFT— Ordinance Granting a Conditional Use Permit for the Operation of a Commercial Sand and Gravel Business on the North and South Sides of Illinois Route 120 in the City of McHenry • DRAFT —Ordinance Granting a Variance to the 10-Year Time Limitation Imposed by the Zoning Ordinance Article XIII. Surface Mining Section A.4 with Regards to Commercial Sand and Gravel Mining on the South Side of Illinois Route 120 in the City of McHenry Alderman Curry Submittal -Considerations for Meyer Material Co. Annexation Agreement and Conditional Use Permit dated March 28, 2018 Transmittal Memorandum of Information from Attorney McArdle Regarding Discussions with Meyer Material Representatives dated March 19, 2018 Letter from Attorney Tom Zanck, Representing Meyer Material, dated March 29, 2018 1 AGENDA ITEM SUMMARY: The purpose of this City Council Agenda Discussion Item is to provide an opportunity for Council, representatives from the petitioner (Meyer Material), and Staff to discuss issues relevant to the petitioner's request for a conditional use permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120; the granting of a variance to the 10-year time limitation imposed by the Zoning Ordinance Article XIII. Surface Mining Section A.4 with regards to same; and, amendments to the annexation agreement. Attached to this memorandum is a compilation of materials that has been provided to Council previously or, in the case of Alderman Curry's submittal and the Chart of Identified Fees, additional information that is being provided for Council's consideration/information. This information has also been provided to, and discussed with, representatives from Meyer so that are aware of the issues and are prepared engage in a meaningful discussion on April 2na In addition to Alderman Curry's attached comments, Alderman Santi provided the following comments, which have also been transmitted to Meyer. Alderman Santi's Comments: • Listen to the neighbors. I believe there are 5 —10 key issues that need to be in the agreement. • Section A needs to be in this agreement. • Noise &Hours: New starting time for asphalt, crusher, overall operations needs to be adjusted to later start time in the morning. 60 minutes (M- F). 90 minutes on Sat. • Control Dust. • Payment: $.10 per ton. Increase by $.01 per year for the term of the agreement. • Letter of credit for all restoration. $1 million - $3 million. • Berms — Higher 12 ft. Wood fencing on berms. • Require installation of a noise monitoring system. • Monthly reports on mining amounts. * - If City and Meyer can't come to an agreement. Offer one-year extension with noise and dust system in place. ** - Develop a fine system for noise and dust. The Administration has received no other written or verbal comments from any other Councilmember regarding this topic. Finally, the following information represents, to the best of our knowledge, the current "tipping fees" being paid by various operations in the surrounding area on a per ton basis: 2 Meyer Algonquin--3.4 cents Meyer County south of Marengo --None Meyer South Elgin --None Thelen/Lakemoor-40 cents Consolidated Harvard--6 cents and every 5 years it goes up 1 cent. All pits annexed to Marengo--5 cents Meyer Harvard--6 cents now and it goes up 1 cent every 5 years McHenry County pits --None Currently, the planned next step is to hold a Public Hearing on April 16, 2018 for the amendments to the annexation agreement and for Council's consideration of ordinances related to the conditional use permits, variances, and amendments to the annexation agreements. Obviously, this is dependent upon the outcome of the April 2nd meeting. 3 WV Lq N6ART OI TNC OOX RIVCR 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 TRANSMITTAL MEMORANDUM DATE: March 5, 2018 T0: City Council FROM: Derik Morefield, City Administrator Doug Martin, Director of Economic Development David McArdle, City Attorney RE: Transmittal of Information for Review and Input by City Council in Preparation for Consideration of Meyer Material Pit Conditional Use Permits, Variances and Amendments to Annexation Agreements ATT: Unapproved Planning and Zoning Commission Minutes from February 14, 2018 Planning and Zoning Meeting DRAFT — Ordinance Granting a Conditional Use Permit for the Operation of a Commercial Sand and Gravel Business on the North and South Sides of Illinois Route 120 in the City of McHenry DRAFT —Ordinance Granting a Variance to the 10-Year Time Limitation Imposed by the Zoning Ordinance Article XIII. Surface Mining Section A.4 with Regards to Commercial Sand and Gravel Mining on the South Side of Illinois Route 120 in the City of McHenry The purpose of this memorandum is to provide Council with information and the opportunity for the identification of any issues/concerns well ahead of the consideration of the identified items so that they can be appropriately discussed as part of the April 2, 2018 City Council meeting. Meyer Material is scheduled to appear before the City Council at the Monday, April 2, 2018 meeting so that Council can consider the granting of a conditional use permit and variance related to their commercial extraction business. Meyer appeared before the Planning and Zoning Commission on February 14, 2018 and the Commission recommended that both the conditional use and variance be forwarded for consideration by Council. Attached to this memorandum are the ordinances related to the conditional use and variance in their draft forms for review by 1 Council prior to the April 2nd meeting. Additionally, the unapproved minutes from the February 14th Planning and Zoning Commission meeting have been provided to give Council an idea as to the nature of the discussion along with concerns expressed by the public in attendance. The attached cononal use permit and variance ordinances include the following conditions: • Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. • Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. • All processing of raw material shall be done at the existing mining facility on the south side of Route 120. • That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. As supplemental information, Staff has developed the following list that, to the best of their knowledge, represents issues/concerns that have been expressed by residents surrounding the Meyer operation. These concerns have been expressed either publicly, in person to City Staff or elected officials, via email or telephone, or at the Planning and Zoning Commission meeting. • Hours of operation pertainingto the crushing, mining and trucks and forthe asphalt plant located on Parcel A • Storm water and sediment runoff and its impact on surrounding areas (e.g., Lakeland Park) • Trucks pulling in and out of the entrance on Illinois Route 120 and rocks flying off of trucks • Reclamation and the appropriate level of bonding, having an engineering evaluation to ensure there is enough money in place to reclaim the pit which is not reclaimed should the operation cease or Lafarge go out of business; potentially using a letter of credit instead of a bond for the reclamation • Noise concerns related to the gravel pit and Parcel A, which is the location of the Curran asphalt plant but outside of the purview of this cononal use consideration process • Noise concerns related to the trucks, belts, crushers, particularly as they mine close to the residential neighborhoods to the south • Proximity of Valley View School to the pit, in terms of the school falling into the pit • Dust from the mining, particularly in high wind situations and to the residential situation to the south • Displacement of the wildlife to the north of Illinois Route 120 • Impact to the shallow well aquifers of the residents • Diminished property values • Administrative impact on EPA due to political situation • Unsightliness of equipment • No system in place to report complaints • Past complaints not always being heard 2 • Condition of Ridge Road • Fumes from trucks • Weeds Council may, as part of the consideration of this matter on April 2nd, delete, amend, or add additional conditions to the conditional use or variance ordinances to address any or all of these concerns. Staff will also forward this information to the petitioner for their consideration prior to the meeting. Should Council identify any other issues/concerns prior to the April 2nd City Council meeting, please send these via email to my attention and I will forward them to Director Martin and the petitioner. Again, the goal for April 2nd is to have a productive discussion and consideration of the ordinances having identified ahead of time all of the issues/concerns that Council may have. This does not however, preclude the introduction or discussion of items at the April 2nd meeting. 3 Unapproved City of McHenry Planning and Zoning Commission Minutes February 14, 2018 Chairman Strach called the February 14, 2018 regularly scheduled meeting %J the City %a McHenry Planning and Zoning Commission to order at 7030 p.m. In attendance were the following: Doherty, Miller, Sobotta, Strach, Thacker and Walsh. Absent: Meyer. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, Economic Development Coordinator Wolf and Economic Development Assistant Conaway. Approval of Minutes Motion by Miller, seconded by Doherty, to approve the December 14, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried &0. Public Hearing: Derek Zeunert (Crimson Peak Tattoo) File No. Z-919 3929 Main Street Use Variance to Allow a Tattoo Parlor on the Subject Property. Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-919, an application for a Use Variance to allow a tattoo parlor at 3929 Main Street as submitted by Derek Zeunert (Crimson Peak Tattoo), 2412 W Fairview Lane, McHenry, IL 60051. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/25/18. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Derek Zeunert and Sky Christensen, both of 2412 W Fairview Lane, McHenry, IL 60050 who were sworn in by Chairman Strach. Mr. Zeunert provided a summary of the request before the Commission at this Hearing stating he has lived in McHenry his whole life, wants to do what he does best and give McHenry a new business filling and remodeling an empty storefront. Planning and Zoning Commission February 14, 2018 Page 2 Director Martin provided the Commission with the Staff Report regarding this matter stating in 2013 an applicant was granted a temporary use permit by the City Council to conduct tattooing and body piercing at 3932 Main Street until December 31, 2013, and subsequently sought a use variance to allow the use permanently. A tattoo parlor and body -piercing establishment is not currently a permitted or conditional use in any zoning district so a use variance is required. The business closed and their use variance expired. A tattoo establishment was also approved in 2013 at 1210 N. Green Street. The applicant for the property at 3929 Main Street is an artist and has included samples of his work. He will also sell paintings, prints and clothing. Main Street is an area of transition and is need of business. Director Martin stated the following vacancies exist and that this is not an exhaustive list: the subject property (2-story mixed -use building), 3932 Main, 3925 Main, the unit directly to the east of 3929 Main and the landlords are struggling to rent these spaces out. The only way to improve the location and desirability of this area is to fill these spaces and generate more activity. Director Martin stated another tattoo establishment/art studio pursued the building at 3940 Main Street however; the Use Variance was not approved by the City Council. Concerns expressed at the meeting included: covering windows and being aesthetically -pleasing; signage; preference to be out of the downtown area and number of tattoo parlors already in the City. This establishment was currently approved at 3405 W. Elm. Director Martin stated staff recommends approval of a use variance to allow a tattoo parlor on the subject property subject to the conditions presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired whether the business would be open 7 days a week since they operate "by appointment only". Mr. Zeunert responded yes he expects to be open 5 days per week at least 11 a.m. — 6 p.m. There will be no street traffic. Tattoos are by appointment only but he will be open to the public. Commissioner Walsh inquired what the timeline might be to start remodeling. Mr. Zeunert responded he would get it moving as fast as possible. He has professionals available to start once he is approved, everything is in line, and he expects to be finished before two months. Commissioner Miller questioned why two workstations are shown on the plan when Mr. Zeunert is the only tattoo artist. Mr. Zuenert stated it is designed for future growth. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Planning and Zoning Commission February 14, 2018 Page 3 Chairman Strach closed the public comment portion of the hearing at 7:43 p.m. Motion by Sobotta, seconded by Miller, to recommend LOLhe City Council with regard to File No. 1-919, approval of a use variance to allow a tattoo parlor on the property located at 3929 Main Street as presented by applicant Derek Zeunert, with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. Be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been net. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried &0. Chairman Strach closed the Public Hearing regarding File No. Z- 919 at 7:44 p.m. Public Hearing: Yousef Dabbagh File No. Z-920 4719 W. Elm Street Conditional Use Permit to Allow an Open Sales Lot Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-920 an application for Conditional Use Permit to allow an open sales lot on the subject property as submitted by Yousef Dabbagh for the property located at 4719 W. Elm St, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. 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. Planning and Zoning Commission February 14, 2018 Page 4 In attendance were Yousef Dabbagh and his wife, Hiba Dabbagh both of 2438 Fen View Circle, Island Lake, IL 60042 who were sworn in by Chairman Strach. Mr. Dabbagh provided a summary of the request before the Commission at this Hearing stating he was applying to open a used vehicle sales lot in the City of McHenry for specialty vehicles, hybrid and special service vehicles, further stating he has been in the business for 20 years. Mr. Dabbagh thinks this would be a good business for McHenry. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a Conditional Use Permit to allow an open sales lot on the subject property. The property formerly had a building, which was razed in 2013. The applicant is proposing to utilize a modular building with plans to construct a permanent building within two years pending approval. The property is a through lot, with an alley to the south, Elm Street to the north and Meadow lane to the east therefore he will be required to maintain a 30400t building setback from the alley, Meadow Lane and Elm Street. Director Martin stated that it is located on West Rt. 120 in the Corridor Enhancement Area, which focuses on redevelopment. Pictures of the modular building were presented. Drawings of the applicant's proposed open sales lot were presented. Cars would be located on the majority of the lot and customer and employee parking is proposed at the southern end of the lot. The applicant will be required to install a 15400t residential screening strip to the south, parking lot lighting, and a parking screening strip if customer parking abuts a public right-of-way. Additionally, mechanical equipment will need to be screened. Director of Economic Development Martin stated staff recommends approval of a Conditional Use Permit to allow an open sales lot with conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh inquired what Mr. Dabbagh's definition of special service vehicle was. Mr. Dabbagh stated they are previous police vehicles, which he purchases from the government - sedans and SUVs. Commissioner Walsh asked if he would need charging stations for green cars. Or. Dabbagh replied that the vehicles use gas. Commissioner Thacker asked if it is Mr. Dabbagh's intention to purchase the property. Mr. Dabbagh responded yes and stated that he would be utilizing a temporary modular building in the beginning. Mr. Dabbagh also stated he will work with the City's building department before constructing the temporary modular building and the permanent structure when they are built to be sure he complies with all building codes necessary. Commissioner Miller questioned the sketch of the parking lot. Mr. Dabbagh stated the black lines are for the 12-15 cars, which will be for sale, and the blue lines are for customer parking. Commissioner Miller asked if there was going to be any service to the cars at the location. Mr. Planning and Zoning Commission February 14, 2018 Page 5 Dabbagh said no but added that in the future he might open a small service department to be able to service the vehicles for sale. Commissioner Sobotta inquired about the signage. Mr. Dabbagh answered he will have a sign. Chairman Strach offered that there is a state code that Mr. Dabbagh will have to work with. Mr. Dabbagh stated that he would work with the City and State on signage. Commissioner Doherty inquired about the surface and drainage. Mr. Dabbagh stated that he plans to resurface the lot and markings. Mr. Dabbagh stated the drainage had been done. Commissioner Walsh questioned if he was going to buy large vehicles from the government. Mr. Dabbagh said no. Commissioner Doherty asked if he would offer any other for sale. Mr. Dabbagh responded that he would not. Commissioner Miller inquired since Mr. Dabbagh has 20 years' experience if he had any other sales lots in operation now. Mr. Dabbagh responded he did not. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:56 p.m. Motion by Walsh, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-920, approval of an application for a Conditional Use Permit to allow an open sales lot on the property located at 4719 Elm Street as presented by applicant Yousef Dabbagh, subject to the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building; • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried &0. Chairman Strach closed the Public Hearing regarding File No. Z-920 at 7:58 p.m. Planning and Zoning Commission February 14, 2018 Page 6 Public Hearing: Rick Miller (Phoenix Towing) File No. Z-921 3014 W Illinois Route 120 Conditional Use Permit to Allow the Outdoor Storage of Vehicles In Conjunction with a Towing Business Chairman Strach called the Public Hearing to order at 7:59 p.m. regarding File No Z-921 an application for a conditional use permit to allow the outdoor storage of vehicles in conjunction with a towing as submitted by Rick Miller for the property located at 3014 W Illinois Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. 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 Rick Miller, 7603 S Oak Road, Wonder Lake, IL 60097 who was sworn in by Chairman Strach. Mr. Miller provided a summary of the request before the Commission at this Hearing stating he would like to expand his company from Wonder Lake and Woodstock to McHenry and needs the conditional use in order to be on contract with the Police Department. Director Martin provided the Commission with the Staff Report regarding this matter stating a preliminary walk through have been done for life safety requirements. The subject property was previously approved for outside storage in 1996. At that time an ordinance was presented, however the conditional use limited the storage of vehicles to the northeast corner of the building; maximum of two vehicles overnight and the duration of the conditional use permit was concurrent with the tenancy with Bull's Eye Windshield Repair. Additionally, in 2005, a conditional use permit was applied for and went to Planning to Zoning, however did not proceed to City Council for final consideration. In the City's Zoning Ordinance, a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. Director Martin stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene. The proposed location of the outdoor storage is behind the building to the north and is not likely to visually detract from the surrounding area. Director Martin stated that cars should not be seen from the street. The storage area abuts residential to the north and the VFW property. Director Martin further stated there is an existing fence, which needs to be repaired, and there is a gap in the fence on the north side, which needs to the closed. The fence is cyclone and should be solid, opaque, with slats, or landscaping or a combination; otherwise, the building is in decent shape. Planning and Zoning Commission February 14, 2018 Page 7 Director Martin stated staff recommends approval of a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the subject property subject to the conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Sobotta inquired about vehicle repairs. Mr. Miller stated there would be none. Commissioner Miller inquired how many vehicles would be housed at the property. Mr. Miller responded no more than 10. Commissioner Miller inquired if Mr. Miller had issue with fixing the fence. Mr. Miller stated no, and offered that he already purchased the materials. Commissioner Miller asked about other security in place and if he had dogs. Mr. Miller said the yard is locked and secured with cameras and there are no guard dogs on the property. Commissioner Thacker inquired about vehicle residency on the property. Mr. Miller responded vehicles typically are housed there for 48 hours. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:04 p.m. Motion by Miller, seconded by Thacker, to recommend to the City Council with regard to File No. Z-921, approval of an application for Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Route 120 as presented by applicant Rick Miller, subject to the following conditions. 1. The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; 2. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 3. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 5. The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. 6. The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. Planning and Zoning Commission February 14, 2018 Page 8 Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye. Doherty, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None, Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-921 at 8:05 p.m. Public Hearing: Meyer Material Company LLC File No. Z-922 7003 W. Illinois Route 120 and 7204 N. Illinois Route 120 Conditional Use Permit for the Operation of a Commercial Sand and Gravel Business on the North and South Sides of Illinois Route 120 and Variance from Chapter XIII, Section A (4) to Exceed the 10 year Limitation for an Extraction Operation on the South Side of Illinois Route 120 Chairman Strach called the Public Hearing to order at 8:06 p.m. regarding File No Z-922 an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 and a Variance from Chapter XIII, Section A (4) to exceed the 10 year limitation for an extraction operation on the south side of Illinois Route 120 as submitted by Meyer Material Company, LLC for the property located at 7003 W Route 120 and 7204 W Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/29/18. 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 were Attorney Tom Zanck and Randi Wille, Regional Manager of Land & Environment for Lafarge, 1300 S IL Route 31, South Elgin, IL 60177, on behalf of the applicant, who was sworn in by Chairman Strach. Chairman Strach read a letter from Maria Rabenda into record and presented it to the commissioners and applicant. Chairman Strach instructed commissioners that parcel A on the maps in their packets is not part of this matter tonight. Parcels B, C, D, and E are under discussion at this hearing. Chairman Planning and Zoning Commission February 14, 2018 Page 9 Strach also reminded the commissioners that Table 31 in the Zoning Ordinance for a Conditional Use and Table 32 for the Variance should be used when determining how to vote. Attorney Zanck directed questions about the letter from Maria Rabenda to Mr. Wille. Mr. VV %= answered that today was the first that he had seen the letter. Attorney Zanck asked if Mr. Wille had looked for her property on Google Maps from 2005. Mr. Wille stated that there was farmland immediately behind her property but that clearly mining was going on in 2005. Attorney Zanck asked if complaints were routed through Mr. Willie. Mr. Wille answered that he does receive the complaints. Attorney Zanck offered that Parcel A is not part of the hearing. Mr. Wille stated zoning is industrial with Ready Mix Concrete & Asphalt plant on that parcel and hours for industrial use are 5 a.m. - 7 p.m. He further offered that Meyer owns the plant and leases it to Curran Contracting. Randi Willie provided a summary of the request before the Commission at this Hearing stating his petition is to continue doing what has been done on this property since 1988 along with subsequent mining operations and sand and gravel and reclaiming the slopes over time. Mr. Wille opined that the rate of mining is slower than in the past and he opined that the rate would not increase in the future. Mr. Wille stated that Meyer wants to finish the plan to continue to mine by Burning Tree, Wooded Creek and Glacial Ridge subdivisions and return the land to single- family residences. Attorney Zanck distributed a Conditional Use Renewal packet, which included a history of the plant, and property and Mr. Wille summarized the packet, which contains past and current photos of the property. Mr. Wille offered a brief ownership, permit and ordinance history of Meyer Material. Mr. Wille stated the hours of operation as they relate to the city ordinances that are in place. He outlined the stripping, mineral extraction, conveying, processing activities and setback zones. Mr. Wille presented the property restoration plan and pointed out photos of the finished appearance of the property bringing it back to agricultural. He stated that he has been in contact with some the residents in regards to restoration. Mr. Wille addressed the current action items and challenges of Meyer Material including continued extraction, resurfacing of the haul road, providing information to neighbors and managing dust and noise. He shared the statements from the IDNR Mine inspection. Mr. Wille presented the petition of renewal. Attorney Zanck distributed and presented Example 1-the Reclamation Report and Example 2 — Report to City of McHenry and explained their importance. Attorney Zanck presented the 2002 Secor International Inc. dust report (Example 2) and asked Mr. Wille if the pit surrounded Valley View School. Mr. Wille answered yes. Attorney Zanck stated that the report showed Meyer Material to comply with the City of McHenry and the State of Illinois. He questioned Mr. Wille if this was the same operation today as in 2002. Mr. Wille answered yes. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant is currently petitioning the City for renewal of their existing conditional use permit to Planning and Zoning Commission February 14, 2018 Page 10 continue operating a commercial extraction business on the north and south sides of Illinois Route 120. North of 120 is primarily used for the mining of sand and gravel. The raw materials are then transported to the southern parcel for processing into aggregate material. As per the Zoning Ordinance of the City, this requires a conditional use permit however; these conditional use permits are only good for 10 years. The applicant is also requesting a variance from the provision of the Zoning Ordinance, which puts a 10-year time operation limitation on any extraction business for the south side, which expires in May 2018 to allow the north, and south sides to expire simultaneously in 2032. The north side agreement expires in October 2022. The subject property consists ofthree parcels, totaling approximately 156 acres on the north side and several parcels totaling over 1,000 acres on the south side. While these properties are governed by annexation agreements, which will be considered by the City Council, they are regulated primarily by the zoning ordinance Chapter XIII. Surface Mining. Directory Martin stated that initially, in 1988, 409 acres were annexed into the City of McHenry and zoned RS4 with an A-M Overlay and granted a conditional use permit for a commercial mining business. Meyer Material annexed approximately an additional 117 acres of property into the City of McHenry in 1998 to expand their operation. That property was zoned RS-1 with an A-M Overlay and granted a conditional use permit for a commercial mining business, granted a variance to extend the operation to 2018 and is located at the southeast corner of Route 120 and Ridge Road. Also in 1998, a variance was granted to the original 1988 property to all the operation through May 4, 2018. This conditional use permit needs to be extended in addition to the one on the north side. The City established the A-M Agricultural and Mining Overlay District to capitalize on the natural resources that currently exist within McHenry County and to subsequently permit businesses such as Meyer Material/Lafarge to operate these earthen extraction businesses. The City established the overlay district due to the fact that the areas suitable for mining operations would also be suitable for development once the mining operations were completed. The subject property has an underlying zoning of RS-1, with additional regulations placed upon it over and above those imposed by the residential district regulations to govern the mining operations. In this instance, the City's Comprehensive Plan has designated this entire area as low -density residential land use, with the intention that in the future, a rural residential subdivision would be developed within the City's limits. Director Martin stated that the City Council discussed this topic at their November 6, 2017 and February 5, 2018 meetings. Concerns expressed by the Council at those meetings included: noise from the crushers; ensuring the City maintained the proper reclamation bonding; making sure all wash plant processing was done inside in an enclosure; backup alarms on the vehicles; impact on shallow aquifers of residents; having copies of audits from monies received by City from aggregate material mined; ensuring proper hours of operation were followed and making sure the City had current reclamation, topographical, aerial and reclamation maps. Director Martin Planning and Zoning Commission February 14, 2018 Page 11 offered that the City does receive revenue. Director Martin stated that Mr. Mile is working on making sure that the aforementioned reports are presented to the City. Director Martin stated Table 31 of the City's Zoning Ordinance governs conditional use permits. The character of the area in close proximity to the site on Route 120 is of rural agricultural farming, mining operations and low -density single-family residential land uses. The subject property has been mined for decades with minimal disturbances of a major nature. Director Martin stated that while there have been some issues, due to the fact that the south side abuts residential, primarily with noise and dust, Meyer Material Company and their parent company have been extremely responsive to residents. Director Martin stated he has been here for 16 years and he has seen Randi Willie specifically address numerous neighborhood concerns. To address noise, in the latest annexation agreement a wash plant enclosure was required. Director Martin further stated that Allen Miller was also very responsive to complaints when he was at Meyer, dealing with noise and dust. Additionally, Meyer provides a valuable service to the City of McHenry and surrounding cities, a commodity that is needed for our economy, provides job and the City receives revenue from the operation. Director Martin stated that they donate time and have been very active in the community. The mining business provides valuable resources to the surrounding region and will continue to do so. The City is fortunate to have these natural resources made available. In addition, the City Council will be negotiating, through an annexation agreement extension, on several fronts with the applicant to not only maintain the rural atmosphere of this area but to work with the City in providing tangible benefits to the residents of McHenry. Staff feels that at this time, this is an appropriate land use and zoning of the property. Director Martin stated that this is a continuation of what has been going on for many years, nothing is changing. The applicant needs to comply with the City's ordinances with regards to storm water detention and storm water release rates. The City's Surface Mining Regulations of the Zoning Ordinance place considerable limitations on the operation of extraction businesses and the applicant will need to comply with state and federal regulations as well. After the mining operations are ceased, the site must be reclaimed, within certain time restrictions, by the applicant in accordance with the requirements of the Zoning Ordinance. The noise impacts of the proposed operation will be greatly reduced in that the processing area for the raw materials is located on the south side of Route 120 in the existing mine, which is 50 feet below the existing ground surface. However, the noise generated from back-up alarms on truck and earth -moving equipment is a concern. The use of silent back-up alarms should be required for equipment used north of Route 120 which has all been addressed in the past and staff believes should continue to be a priority. Planning and Zoning Commission February 14, 2018 Page 12 Table 32 of the Zoning Ordinance governs Variances. The limitation placed in the Zoning Ordinance on an extraction operation is 10 years. If the applicant wishes to exceed the 10-year time limitation, a variance can be applied for or at the end of the 10-year time limit; the conditional use permit can be extended for the south side -for approximately four years. Staff does not see any major concerns with this request as long as the processing remains on the south side of Route 120. Director Martin stated staff recommends approval of a conditional use permit to allow a mining operation on the subject property subject to the conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied; and Staff recommends approval of the proposed variance to the 10 year time limitation imposed by the Zoning Ordinance with regards to mining on the south side. Approval of the variance shall be subject to the same conditions identified for consideration of the Conditional Use Permit presented and all the requirements in Table 32 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh referred to Page 12 of the Conditional Use Renewal "Provide information to neighbors as needed" and asked how often Meyer did this. Mr. Wille stated that in the past, a letter and flyers were distributed to the Burning Tree subdivision. Mr. Wille stated he did knock on doors and did speak to one woman who told him the noise was not from the plant but the ATVs running up and down the area. Commissioner Walsh asked how often the feedback is offered to Mr. Wille. Mr. Wille answered that the feedback has been limited over the last few years and that most feedback has been from Ryan Schwalenberg from the City. He further added that a past complaint about the dust during high winds were addressed and new procedures were put into place to limit the dust. Commissioner Walsh inquired if the IDNR and IEPA had any complaints about Meyer would had come through Mr. Wille. Mr. Wille answered they do come from IDNR and IEPA but added that he had not received a complaint from either. Commissioner Thacker inquired to the timeframe for end use. Mr. Wille opined that by 2032, all the minerals will be gone and the land will be returned to single-family use. Director Martin added that there is a proposed 60-acre lake with houses surrounding it. Commissioner Thacker inquired about the timing of past mining. Mr. Wille opined that there has been some stagnancy in use of the pit and was unsure when the north side mining had stopped. He opined that operation would last for 5-6 years dependent upon supply and demand. Commissioner Thacker further inquired about the 2003 studies on Valley View and inquired what the biggest complaint was then. Mr. Wille said it was noise and opined that it mostly seems to be from the asphalt plant, which is being run by Curran Contracting. Commissioner Sobotta repeated the question regarding the biggest complaint since 2002. Mr. Wille replied it was noise and opined that the noise was from the asphalt operations because of time of day. Commissioner Sobotta asked on average how many complaints Meyer Material Planning and Zoning Commission February 14, 2018 Page 13 receives. Mr. Wille replied that in 2017 there were three, he was unsure if he had any last year (2016). Commissioner Doherty inquired about placement of the crushers. Mr. Wille responded that the crushers would remain on the south side and they would conveyor the material from the north. He opined that in 2 years they would pull away from the homeowners. He further opined that the heavy equipment would not be moving. Commissioner Doherty inquired about dirt storage near Burning Tree subdivision. Mr. Wille stated that topsoil is on the outside perimeter. Commissioner Doherty asked if there is a continuous berm. Mr. Wille stated the berm still runs along Burning Tree subdivision, he offered pictures of where they just put a berm on the south A Glacial Ridge and opined that next year they will move the berm in advance of mining, ultimately the spoils will be hauled to Woods Creek and Burning Tree areas. Commissioner Doherty questioned if it is all surface mining. Mr. Wille responded yes and offered that Meyer had done testing for future boring. Commissioner Walsh asked for clarification on the asphalt/noise complaints and opined that the noise was coming from Curran Contracting who is running the plant. Mr. Wille answered correct. Commissioner Miller questioned what percent of material have been removed from the mine to date. Mr. Wille stated 65-70% since 1975 or before, he opined that the rate of removal is slower now due to changes in the industry. He offered that Meyer is now a mining company and not handling only concrete like in the past but now focus on the demand for aggregate materials. Commissioner Miller questioned whether all reclaimed land for Parcel B will look as demonstrated in the photo Parcel E, as Meyer retreats and strips the field. Mr. Wille replied yes. Commissioner Miller questioned about reclamation of Parcel D and B. Mr. Wille offered Parcel D is the asphalt plant; Parcels B & C will be reclaimed when complete. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Jackie Matthiesen, 6712 Burning Tree Circle, McHenry, IL. Ms. Matthiesen stated her wish is that the quarry, known as Meyer Material, not be given an extension. She stated her concern is the integrity of Valley View School because of her grandkids go there and her daughter is a teacher. She stated that Valley View is an island surrounded by the gravel pit. She opined that the property might be made less secure with continued mining. She is not in favor of an extension and opined that no amount of additional revenue to the City is worth safety to the children. Nicholas Finia, 6805 Burning Tree Circle, McHenry, IL. Mr. Finia stated he would request application not be approved because 12 years ago he and his wife purchased their property with the condition for purchase being that the operation was to cease May 2018 and if this is approved that will not be happening. He stated concerns of significant dust, air polluted with diesel fumes and pool accumulation of dirt and sand. He stated that the noise pollution was very loud and opined it was from the heavy-duty — diesel — hauling, part crusher and belt equipment. He stated Planning and Zoning Commission February 14, 2018 Page 14 that the crew forgets to turn off the crusher and Mr. Mile did look into this but it continues to happen. He stated that the back-up sound on Saturdays starts at 6 a.m. and that living with it is different than testing the noise for an hour. Mr. Finia offered for Mr. Wille to come stay at his home to see what they live, every day. He suggested on windy days that they not operate or if they do, they should spray to subside dust. He opined that Meyer needs to be a good neighbor. He opined that Meyer should compensate them because of diminished property value. He stated that a business could be a good neighbor if they use common sense. Susan Christensen, 6326 Chickaloon Drive, McHenry, IL. Mrs. Christensen stated her one concern is the lack of outreach to neighbors. She built 10 year ago knowing the mining was to end in 2018. She is concerned that her investment is not being maintained. She opined the amount of time is excessive. Jim Christensen, 6326 Chickaloon Drive, McHenry, IL. Mr. Christensen stated that he would like to address the time element. He stated that the early morning noise is offensive. He offered that contractors have a later start time, which is strictly enforced for homeowners. He questioned if the deep digging would affect his water well. He suggested mufflers for the machinery to help with the noise. Mary Nader, 1213 Matanuska, McHenry, IL. Mrs. Nader stated she would like to echo all discussion about all the noise. She stated that there are rules in the subdivision about power tools and wondered why the crusher was running at 5 a.m. She further opined that the Reclamation Plan from 1987, which she received from Director Martin, is antiquated. She opined the bonds were not satisfactory. She opined that the City is not being a good neighbor and has failed the residents. She stated there has been no communication from Meyer Material since 1986 when they bought their home or since they built in 1995. She further opined they should have five years to finish. Terry Nader, 1213 Matanuska, McHenry, IL. Mr. Nader stated that the Reclamation Plan is already 30 years old and that the mining has been going on for 70 years. His concern is about noise but opined that the reclamation should be most important to the City. Mr. Nader stated that he is an attorney who knows that companies go bankrupt and then the cost falls on others. He wonders why there are no engineering studies to show the cost to the City if the reclamation expense become the City's burden. He opined that if Meyer should default, the City needs to have security. Mario Arteaga, 2502 E. Wonder Lake Rd., Wonder Lake, IL. Mr. Ortega lives on the lot closest to the north side of Meyer Material at East Wonder Lake Road and Ridge Road. He opined that the mining operation is toxic. He stated that he is living on farmland, which is beautiful now and opined that the mining will make that an eyesore. He believes that Meyer Material is not a good steward of the land. He stated that the 2002 Environmental Impact Study was old. He urges the City to deny the request. He also opined that the trucks area traffic hazard during entry and exit. Planning and Zoning Commission February 14, 2018 Page 15 Scott Curry, 5802 Amherst Court, McHenry, IL. Alderman Curry stated that he is the council member for this area and that he knows that the gravel pit has been there before the residents. He stated that there are 40 years of issues and he gives no credence to the length of time the pit has been in business. He stated that since he was elected in 2015, he had twenty-one complaints, which he stated probably were not transmitted to Mr. Wille because the City does not bring it further if there is not a violation. He also stated that he does not separate the asphalt plant from Meyer because they work together. Chairman Strach interjected that the Commission is not talking about Parcel A. Alderman Curry spoke on the annexation agreement concerns, the noise, and continual work and that there was no end in sight, 6 days per week, every week. He opined that the reclamation is outdated and willfully inadequate. He opined we could approach by extending south by 4 years and see how it goes. Kenneth Reese, 6829 Burning Tree Circle, McHenry, IL. Mr. Reese asked about the original agreement end time. Director Martin stated there were several agreements because it kept being extended. Mr. Wille answered that there was added acreage/120 acres additional and that is why time has been extended. Mr. Wille gave IDNR surface mining regulations setback features and stated Meyer is bonded by the State as well as the City. They also use a buffer even larger than what is required with strict regulations imposed. Mr. Wille addressed the concerns of Mr. Arteaga regarding the truck traffic and flow. Mr. Wille stated that the drivers are not their employees but are customers and that the drivers must meet all requirements requested. Mr. Arteaga spoke again and said that there was a lack of signage at the entrance. He opined that there are no safety precautions in place. He further opined that there is a lot of wildlife that will be disturbed if the north is mined. Commissioner Doherty discussed the City's protection for reclamation and asked Director Martin if $300,000 bond is adequate. Director Martin responded he was unsure. Mr. Mile said that some of the requirements have been met and the State has released some bonds. Chairman Strach asked if all of the reclamation that should have been done, has been done. Mr. Wille stated that yes; it is Meyer's goal to release the bonds. Director Martin opined that there is leeway to increase the amount if needed. Commissioner Doherty mentioned that Commissioner Miller asked about the rough percent of mining reserves left. Mr. Wille opined that the forecast for 14 years is accurate for the demand. Commissioner Sobotta asked for clarification of the ordinance that was in the packet. Chairman Strach stated to clarify that the reclamation process is in the City's mining ordinance. Mr. Wille clarified that the IEPA permits Meyer for water pollution control and the IDNR regulates Meyer for the land disturbance. Commissioner Sobotta questioned the exemptions that cover surface mining. Commissioner Sobotta opined that Meyer could go beyond the bare minimum of state requirements on noise. Director Martin stated the muffled alarms requirement is for both sides. Chairman Strach added part of this condition is the north side originally had the mufflers but now should be on the south side as well. Commissioner Sobotta opined Meyer Material should match hours with those of construction hours if they want to be a better neighbor. Planning and Zoning Commission February 14, 2018 Page 16 Commissioner Miller discussed her concerns including the noise, Reclamation Plan, and communication and opined that as they move north the prevailing winds will cause the noise to increase for Wood Creek and Glacial Ridge. She asked what else Meyer could do to help those residents. Commissioner Miller opined this needs to be an ongoing conversation. She agrees with the Reclamation Plan and that the City needs to have Meyer held accountable. Commissioner Miller questioned how complaints could be better handled. Director Martin stated they could call the City. Commissioner Miller suggested that communication become better; she opined that a call from Mr. Wille would probably alleviate many of the concerns. Chairman Strach produced a stack of complaints dating back to 2008 that he received from Director Martin and the City Police Department. He noted there were not many noise complaints and urged residents to call the City for tracking purposes. He stated the City needs to be able to track those calls. Commission Thacker asked Mr. Wille about the purchase during the first 10 years, did Meyer think they would be mined within that timeframe or did Meyer expect to come back and ask for an extension. Mr. Wille answered that he was not sure because he was not part of the original purchase. Director Martin stated back in 2002 part of the time the plant was not running and mining so it was out of Meyer's control. He opined that it is not an easy answer as to whether they bought knowing they needed more time. Chairman Strach offered that in 2008, the economy crashed and he opined that the business changed. Director Martin opined that Meyer is more diverse now. Commissioner Thacker asked in regards to the conditional use permit, could it be 5 years. Director Martin stated that the ordinance could not exceed 10 years. Commissioner Walsh echoed Commissioner Miller's concerns about communication and opined the process may be broken and that the residents do not know where to go. For the record, Commissioner Walsh would like to know where to go if he had a complaint. Director Martin reiterated that the City would take a complaint; the City does act as mediator for properties within the city limits. He stated the City has the capability to record those concerns. He addressed that there may need to be some things discussed before the City Council meeting. Chairman Strach stated to address Alderman Curry's calls and concerns, he opined that complaints may not have gone through the proper channels and may not have gotten to Meyer so it is hard to hold the petitioner accountable. He stated that we need to start the process; the City needs to be able to track the process. Commissioner Miller opined that as a resident, it matters knowing that your complaint has been heard would help open the communication. Commissioner Sobotta opined that we need to talk about the hours of the noise. Discussion ensued. Chairman Strach closed the public comment portion of the hearing at 9:43 p.m. Motion by Miller, seconded by Doherty, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 for the property located at 7003 Planning and Zoning Commission February 14, 2018 Page 17 W Route 120 and 7204 W Route 120 as presented by applicant Meyer Material, LB., subject to the following conditions. 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Commissioner Miller asked for clarification on the variance. Director Martin clarified. Commissioner Thacker questioned if Meyer had to come back for the north side. Director Martin answered that was the previous vote. Commissioner Thacker stated that he wanted to change his vote. Attorney Cahill instructed on how to motion for reconsider Motion to reconsider by Thacker, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 for the property located at 7003 W Route 120 and 7204 W Route 120, as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipmentI north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Planning and Zoning Commission February 14, 2018 Page 18 Voting Aye: Doherty, Sobotta, Thacker, and Walsh Voting Nay: Strach, and Miller. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 4-2. Chairman Strach asked if everyone was clear on the Motion. Motion by Thacker, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route for the property located at 7003 W Route 120 and 7204 W Route 120, as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, and Walsh Voting Nay: Thacker. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 5-1. Commissioner Thacker explained that he voted no because the length of time for the mining operation with the extension is getting to be too long. Planning and Zoning Commission February 14, 2018 Page 19 Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for approval of the proposed variance to the 10 year time limitation imposed by the Zoning Ordinance with regards to mining on the south side on the property located at 7003 W. Illinois Route 120 as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 32, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, and Walsh. Voting Nay: Thacker. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 5-1. Commissioner Thacker stated he has the same reasons as the prior hearing for Meyer Material for voting nay. Chairman Strach closed the Public Hearing regarding File No. Z-922 at 10:34 p.m. Staff Report Director Martin initiated discussion on a special meeting to review the Comprehensive Plan. A special meeting will be scheduled Wednesday, March 7, 2018 at 7:00 p.m. for that discussion only. Director Martin stated the Economic Development Department is getting very busy. Adjournment Motion by Sobotta, seconded by Doherty, to adjourn the meeting at 10:33 p.m. Voting Ave: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Planning and Zoning Commission February 14, 2018 Page 20 Motion carried 6-0. The meeting was adjourned at 10:33 p.m. Respectfully submitted, Tina Conaway, Economic Development Asst. City of McHenry Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 ORDINANCE NO 18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A COMMERCIAL SAND AND GRAVEL BUSINESS ON THE NORTH AND SOUTH SIDES OF ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENBAWUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, III' _ s, is r' contemplated under Article VII, Section 6, of the Consti ti of the passage of this Ordinance constitutes an exercise ofth ome rule granted in the Constitution of the State of Illinois; a WHEREAS, a petition has been filed by, a aterial Route 31 South Elgin, IL 60177 ("Applici4:5 C g Trustee under Trust No. 53278 ("Propeity, Permit for the operation of commercialssnorth and south sides of Illinois Routef M"Subject Property". The property is on Exh incorporated herein; and WHEREAS, a pu Commission on Febr 14, result of said heari g, the granting of the reques REAS, t� Plann' nd Zoning Co on iste 'th the objec health, sa orals and NOW, TFR��ORE MCHENRY COUNTY: rule municipality as of Illinois, and the and functions as �mpany LLC 13 outh Illinois ;o�Title Land Tr st Company as requesting a Conditional Use or the property located on the i KcHenry County, Illinois attached hereto and g, on said pe ion was hffd before the Planning and Zoning 201`$ it] the man ne rescribed by ordinance and statute, and as a anni * nd Zoning C ssion did recommend to the City Council e Per by a vote of (5-1); and un s considered the evidence and recommendations from the SionIT( s that the approval of the Conditional Use Permit is �of the ity of McHenry Zoning Ordinance to protect the public al we fare of its residents. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted approval of a Conditional Use Permit to allow a mining operation on the subject property subject to the following conditions: • Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. i Department of Community & Economic Development McHenry Municipal Center 333 Green Street M�Jy�y McHenry, Illinois 60050 cHenry l! Phone: (815) 363-2170 Fax: (815) 363-2173 • Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. • All processing of raw material shall be done at the existing mining facility on the south side of Route 120. • That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and re SECTION 2: In granting approval of said Conditional Use P ` the requirements of Table 31 of the Zoning Ordinance have b m 1. Any adverse impact of types or volumes zoning district has been minimized. 2. Any adverse effects of noise, glare, < air, or other adverse environmental of permitted uses in the fining district, h 3. The proposed use will fit �� character of its surroundings, nd use will not have undue delet�ou values, or associa with 4. The prop e disp se ue ons. the City Council finds that not ise typical in the of light or type or degree not characteristic eve appropriately controlled; with the g natural or man-made knitted u s in the zoning district. The �nmental quality, property �d charmer already�xisting in the area or normally �d uses in the district. �ot require fisting community facilities or services to a to that no ally expected of permitted uses in the district, innate demand for new services or facilities, in such a way s won existing development in the area; 5. The propose�e will dot be detrimental to the safety or health of the employees, patrons, or vis rs associated with the use nor of the general public in the vicinity; 6. The pr�d use is in harmony with all other elements of compatibility pertinent to the nditional Use and its particular location. 2 m and after its passage, Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 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, McHenrj(U prity, Illinois. SECTION 5: This Ordinance shall be in full force and approval, and publication in pamphlet form as provided by la)h VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: A' Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 CERTIFICATION I, Marci Geraghty, do hereby certify that I am the duly appointed, acting and qualified deputy clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of th of McHenry, held on the 2nd day of April 2018, the foregoin Granting a Conditional Use Permit for the Operation of a C m the north and south sides of Illinois Route 120 in the Cit jo Council of the City of McHenry. The pamphlet form of ordinance no. thereof, was prepared, and a copy of such ordinance w the day of 20 8, and will cont Copies of such ordinance are also ilaI311 insp( City Clerk. I do further certify that the original, entrusted to me as the keeper of the same. Given under my (Sea d city for s his 2nd day ping, ari ril, 2018. rand Aldermen of the City �e entitled An Ordinance ordinance an in he city hall, cover sheet mmencing on r at least 10 days thereafter. ion request in the office of the is a true and correct copy, is I am the lawful custodian and Marci Geraghty, Deputy City Clerk City of McHenry McHenry County, Illinois !n UV N I NJ Huwr or THe PDX wivcw Exhibit A Legal Description of the Subject Property Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 ORDINANCE NO 18- AN ORDINANCE GRANTING A VARIANCE TO THE 10-YEAR TIME LIMITATION IMPOSED BY THE ZONING ORDINANCE ARTICLE XIII. SURFACE MINING SECTION A.4 WITH REGARDS TO COMMERCIAL SAND AND GRAVEL MINING E SOUTH SIDE OF ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCH0kY C NTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, IIIinOis, is a rule municipality as contemplated under Article VII, Section 6, of the Constitution of the St f Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule pow rs and functions as granted in the Constitution of the State of Illinois; and h. WHEREAS, a petition has been filed by, Meyer Material Cor4pany LLC 1300 South Illinois Route 31 South Elgin, IL 60177 ("Applicant") on behalf the Chicago Title Land Trust Company as Trustee under Trust No. 53278 ("Property Owner") with the City, requesting a Variance to the ten- year time limitation imposed by Article X111 Section A.4 on the operation of commercial sand and %gravel mining for the property located on south side of Illinois Route,120 in the City of McHenry, McHenry County, Illinois "Subject Property". The property is legally described on Exhibit "A" attached hereto and incorpd herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 14, 2018 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 by a vote of (54)* and EREAS, the City Council has'co&sidered the evidence and recommendations from the Plan in Zoning Commission and finds that the approval of the Variance is consistent with the objecti the City of McHenry7oning Ordinance to protect the public health, safety, morals and general of its residents. NOW, THER�r"E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, IL�OIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted approval of a Variance from Article XIII Section A.4 to allow a mining operation on the subject property until 2032 subject to the following same conditions identified for consideration of the Conditional Use Permit for the Subject Property which include: 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 • Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. • Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. • All processing of raw material shall be done at the existing mining facility on the south side of Route 120. • That there are no substantial or recurring violations of the Ci enry, State of Illinois or Federal mining, environmental and reclamation laws ulations. SECTION 2: In granting approval of said Variance, he Cit} auuncil finds that the requirements of Table 32 of the Zoning Ordinance have, et in that 1. Special circumstances exist that are peculiar to the property for whi ariance is sought and that do not apply generally to other, properties in the same, ning district, and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referencecFherein relate onlytp�the physical character of the land or building(s) for which the variance4s.sought, suchas dimension, topography, or soil conditions. They do not,'concern any business or activity the present or prospective o tenant carries on, or seeks to carry on, therein, not to the personal, b ess,' uncial circumstances of/such owner or tenant or any other party wit in thwroperty. 3. The special cir a tare the basis for the variance have not resulted from any"act"of tkie app t 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 nec ' ry for the applicant to preserve and enjoy a substantial property right possessed other properties in the same zoning district and does not confer a special privil ordinarily denied to other properties in the district. 6. The granti g 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. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 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 require reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof hereof are hereby repealed to the extent of such corJ SECTION 4: This Ordinance shall be in authority of the corporate authorities of the City of MCIIUR SECTION 5: This Ordinance sha approval, and publication in pamphlet foi VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: ATTEST: DEPUTY CITY PASSED: APPROVED: e in full force �ovided by MARCI GERAGHTY e the applicant with with th sand provisions hlet form byYnois.L nder the ry County. I from and after its passage, APPROVED: MAYOR WAYNE JETT (SEAL) 3 AN r lu r or rwa Fox wrvaw CERTIFICATION Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 I, Marci Geraghty, do hereby certify that I am the duly appointed, acting and qualified deputy clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of th A McHenry, held on the 2nd day of April 2018, the foregoi Granting a Variance to the ten-year time limitation impos d Surface Mining Section A.4 with regards to commercialn rand Aldermen of the City RFd a entitled An Ordinance the Zo Ordinance Article XIII I' gravel on the south side of Illinois Route 120 was duly passed by the City Cou,. of the City of McHe The pamphlet form of ordinance no. � ding thereof, was prepared, and a copy of such ordinance w. the day of 20,18, and will conti Copies of such ordinance are also available for public inspecti City Clerk. rdinance an in fhe city hall, cover sheet mmencing on r at least 10 days thereafter. ion request in the office of the I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the cWliftiLid city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my (Seal) I, 2018. Marci Geraghty, Deputy City Clerk City of McHenry McHenry CountyIllinoi ,s .,I Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 Exhibit A Legal Description of the Subject Property 5 March 28, 2018 For immediate dissemination to Council and staff. Considerations for Meyer Material Co. Annexation Agreement and Conditional use Permit While most of this is devoted to the conditions of the agreement, I do wish to start by saying that I do not think it is in our best interest to push for an approval on the ordinances around the Use permit and any variances without first having come to an agreement on the annexation document. Additionally, we should consider only approving a four year extension on the south side with the new annexation amendment. That will allow them to demonstrate that they can comply with provisions as they have not shown that to date. It then ties the two sides north and south together, as far as timing, which is one of their goals. In four years they can come back for a standard ten year extension on both sides. We have had multiple and continuing issues over the years with the gravel pit operations and the associated asphalt operations and while we haven't heard a lot about the cement plant, we need to be cognizant that there could be possible issues there as well. These issues and proposals will concern activities on Parcels A, B, C, D, & E. The multiple concerns listed in the March 5 memo from Administrator Morefield, Director Martin and Attorney McArdle should all be addressed in some form. If we cannot reach an agreement that significantly addresses the concerns, then we should not ratify continuing operations that are not in the best interests of our residents. Let's take the concerns by area and focus on potential actions and solutions. NOISE The noise issue is twofold: the level of noise allowable and, the hours when that noise is heard. The noise sources are multiple: crushing, screening, washing, excavating, and loading/shipment of earth materials; operation of the asphalt plant including burner, materials movement by heavy equipment and loading/shipment of trucks; potentially the operation of the cement plant and associated movement of material. The following are suggested solutions: 1. Noise producing equipment is not started or run before 6 AM. The gravel pit largely does this now, the asphalt plant does not. They have indicated that they generally do not actually start the burner until 5:20 am. It is a 40 minute difference that cannot be a make or break for their business. Many residents want them to shut down or not start before 8 am and will still believe 6 am is far too early. This is a reasonable compromise in conjunction with the steps below. 2. Item 1 includes load out of materials. If customer demand is such that materials need to get to jobsites early, those trucks should be loaded the day before. They can then be staged in the trucking company yard and delivered in the morning without the driver having to make a run to the Meyer site and wait to be loaded in the morning. 3. All operations cease by 6 pm. 4. All site mobile equipment will utilize "white noise" style backup alarms. It does little good to have only the gravel equipment so outfitted if all other equipment is not. This would include the asphalt plant equipment. The asphalt plant is governed under OSHA and there has been mentioned a concern with OSHA regs. The regs call for alarms above ambient noise —OSHA does not make a determination about type of equipment nor do they typically approve equipment. There is another method however and that is to utilize a flagger person in lieu of a backup alarm. If these alarms cannot be changed then I would suggest they be silenced and a flagger used for the time period prior to 7 am. 5. All truck lanes' and movement need to be designed so that there is no possibility of outside truck equipment backing up while on site at the gravel pit, asphalt plant or cement plant. There is ample space on the parcels to ensure all truck movement is pull through forward movement only. This eliminates the outside equipment backup alarm issue. 6. All processing equipment was required to be state of the art and enclosed inside a building(s). This first appears in their 1987 Reclamation plan and was adopted in the 1988, 1991 ordinances, 84521 90-560. The 1998 ordinance affirms that unless the 1998 ordinance conflicts with a prior provision, it remains in force. The two prior ordinances mentioned are among those cited. These enclosure(s) were never done. Within one year this needs to be accomplished else the 2018 agreement is voided. The enclosure must effectively reduce noise and dust, thus an enclosure with wide open doors or panels must not be allowed. 7. All processing shall be done on the south side of Rt. 120. This is a provision that has been in effect for many years and should continue. 8. The City should test noise periodically from the lot line of the nearest residentially zoned properties as required in our ordinance. While this may include properties outside the City, the testing could also be done from the fence line on the Meyer side if property owner permission cannot be obtained. Testing should be done when other ambient noise is low so as not to confuse the results. Any high noise readings, generated from any parcel, shall cause Meyer to develop and implement an action plan to permanently remedy the problem. DUST Dust comes mainly from three sources: Crushing equipment, material movement to and on conveying and screening equipment and, movement of vehicles anywhere onsite, including Parcel A. 1. The operator must apply water along all movement paths a minimum of daily unless it is raining. There should be a written and followed protocol for dust mitigation for the entire property, all parcels. Gone should be the complaints that are "resolved" by applying water after the fact. The application in dry times may have to be done multiple times during the day. Awaiting a complaint is not acceptable. 2. As in NOISE #5 above, the processing equipment must be enclosed and dust escaping the final enclosure building is not acceptable. Dust collection equipment may need to be installed and operated. 3. Dust can be generated by dumping materials onto or into equipment. Any dust generation from these activities needs to be mitigated with water spray or other suitable method. 4. Dust monitoring must be done on a periodic basis and must be done without plant operator knowledge. Monitors can be installed and then turned on when the operator is not aware. They can be located along fence lines and accessed from outside the property if necessary. The key is to get impartial measurement at multiple times. This should be done by an outside firm paid for by Meyer but without the Meyer's interference or knowledge in timing or conducting of the tests. Results to be reported to the city at the same time as to Meyer. Once per year testing should be adequate unless a problem is found. 5. I did find, on MSHA's websiteI Meyer employee hygiene tests over the years which did not show a personal employee hazard above allowable exposure limits. This however does not indicate the air quality moving into the neighborhoods. STORM WATER Storm water from parcel A currently goes to a sewer line and ends up in Lakeland Park drainage. A recent engineering survey estimates that 17% of the water and an unknown amount of sediment that enter this system are from the Meyer operation. The city is currently working to address the drainage problem and this water and sediment has the potential of limiting any effective detention project. 1. As stated previously, all storm water from parcels B thru E shall be retained onsite. 2. Three possible solutions for parcel A: Meyer redirects the water from parcel A back to the pit. Meyer builds a sediment trap and develops a program to manage the sediment. Meyer contributes significantly to the construction and maintenance of the city's detention system which will require frequent clean out. RECLAMATION This plan is aged and should be updated. 1. The plan shall be updated this year. All changes to the plan are to be conveyed to and agreed upon by the City. 2. As part of that new plan, an engineering study should verify its effectiveness and establish a cost impact for final reclamation when mining operations cease. Engineering firm to be agreed upon between the City and Meyer Material. 3. A letter of credit should be issued by Meyer to the City of McHenry for an amount equal to the cost of final reclamation. BERMS Berms are currently required to be a minimum of 10' high by 40' wide along all residential areas. 1. Continue the requirement for berms as described in previous documents. 2. Other than when being constructed, berms shall not be used as roadways. 3. Weeds along property lines must be controlled throughout the growing season and should not be allowed to grow above City standards. 4. I believe the existing setbacks from the school and proper reclamation should resolve any concern over a Valley View cave-in problem. The fencing appears less than adequate and obviously maintaining high quality fencing here is a high priority to protect children from the pit. Fencing around the school should be improved. A fence inspection should be completed quarterly and any deficiencies remedied with a report of inspection issued to the City and school district. COMPLAINTS A concern has been expressed about proper consideration of complaints. 1. Any complaint lodged by any person should be recorded whether or not an immediate fix was 2. Meyer Material shall notify the City of any complaint they receive in any form from residents or agencies so that the City can track the issues. 3. Meyer Material shall notify the City of any inspections, complaints, violations, etc. by any governmental agency; federal, state or local. If a violation, Meyer shall copy all response and disposition to the City. These provisions have been in all past ordinances and agreements and should continue. The difference here is that in addition to a notification of agencies to do so, Meyer shall also have a requirement to notify the City directly. 4. Resolution of all complaints shall be fully described and approved as effective by the City or additional remedies taken. ROAD CONCERNS There have been issues brought forth concerning the trucks entering and leaving the property. 1. All trucks shall be inspected prior to leaving to ensure loose material cannot fly off and cause property damage or injury. Meyer shall maintain inspection logs that verify this and are available to the City to review. 2. Trucking concerns shall be notified, at least yearly, in writing of the potential for problems and the intent of Meyer to enforce proper actions. Drivers shall be made aware of the concerns expressed with the turning into and out of the facility and of the loose material damage/injury potential. Drivers habitually creating any issues shall be barred from pickups. FEES I am recently aware that the amount of fees collected from this operation is not nearly as substantial as some of us were led to believe. 1. The fees should be increased substantially. But the reality is that the amount of fees collected, while revenue that offsets taxes, is not a significant impact upon overall City revenue. Those feesI even if doubled, do not offset the disturbance to our residents in noise, dust and other issues mentioned above. PENALTIES 1. Violations of any provisions of the ordinances or annexation agreement shall be accompanied by significant penalties so as to encourage compliance. A penalty schedule will need to be created but should increase with each subsequent violation. DAVID W. McARDLE dmcardle(au zrfmlaw. corn 111\�1L�]Wo[vlaw ZUKOWSHI, ROGERS, FLOOD & MCARDLE 50 VIRGMA STREET CRYSTAL LAKE, ILLINOIS 60014 March 29, 2018 Via Delivery Mayor and City Council City of McHenry Re: Meyer Material Development Issues (815)459-2050 FAX (815)459-9057 www.zrfmlaw.com The staff and I met with Meyer Material last week and came up with the following list of issues that would be agreed to by Meyer, to be incorporated into the proposed Ordinance amendments proposing extension of mining through 2032: Noise. 1. Meyer -owned equipment would be fit with white noise backup alarms. 2. The berming along Glacier would be initiated and rise to a level of 10 to 12 feet during the next stripping phase (to commence this spring). 3. The mining area to the west of Glacier Ridge will be mined in a westerly to easterly direction, rather than a south to north direction, with the crusher on the west side of the area being mined. Bonding. The state bond, in the amount of $750,000, will be confirmed and the City bond, in the amount of $300,000, will be confirmed. Stormwater. All of the stormwater west of parcel A will be maintained on site. The stormwater within parcel A will be managed through the existing stormwater system. Fees. 1. The current regulations require payment of $.06 per ton for all processed material, not including recycled material. The proposed fees will be increased to $.065 per ton for all processed and recycled material for the first five years, $0.07 for the next five years and $0.075 for the following five years. 2. In addition, monthly backup documentation, regarding the quantities processed and recycled, will be supplied to the City on a form acceptable and attached to the agreement. Procedural Dates: • 3/19 general discussion • 4/2 draft ordinances general discussion • 4/16 cont'd AA hearing, if necessary/vote on ordinances. Very truly yours, David W. McArdle ZANCK, COEN, WRIGHT & 1 ALADIN, P.C. Thomas C. Zanck` Patrick D. Coen James L. Wright Mark S. Saladin Tamara A. Marshall Jennifer L. Johnson Heather B. Kroencke' 'Also licensed in Wisconsin Mayor Wayne Jett City of McHenry Members of the McHenry City Council Re: Meyer Material Company ATTORNEYS AT LAW March 29, 2018 Deaz• Mayor and Members of the City Council: Carolina A Schottland Michael T. Wurster* Of Counsel Thomas R. Burney As you know Meyer's Applications are on your agenda for discussion on April 2 and for a second annexation hearing on April 16, 2018. As you also know, Meyer Material Company and its predecessors have been mining pursuant to annexation agreements in the City of McHenry since December 20, 1976, when Parcel A was granted I4 Industrial Zoning and a portion of Parcel A a Conditional Use Permit for a sand and gravel operation, concrete batch plant and an asphalt plant. On October 17, 1977, Parcel B was annexed to the City of McHenry and on May 4, 1988, the Conditional Use Permit was issued for Parcel B for the operation of an earth materials processing operation including the extraction and reclamation and processing of sand, gravel and other earth materials. On May 5, 1988, Parcel C was granted a Conditional Use Permit for the same operation. Parcel D was granted that same right on August 23, 1990. Parcel E was granted that same right on August 22, 1998. We wanted to share with you what Meyer's approach is with respect to its applications and what we believe the law in the State of Illinois is in light of the history that the City of McHemy and Meyer have had since 1976. The Supreme Count of the State of Illinois in The City of Chicago Ileiglzts vs. Living Word Outreach Gospel Chzrrch and Ministries, I/�C., 196 I11.2"a 1; 749 N.E.2d 916, on March 2, 2001 case decided in part as follows: a. The inclusion of a special use within a zoning ordinance is tantamount to a legislative finding that the permitted use is in harmony wi°1�h: lile general zoning plan and will not adversely affect the neighborhood; and 40 Brink Street (Crystal Lake, IL 60014 � P: 815-459-8800 � F: 815-459-8429 I zcwlaw.com March 29, 2018 Page 2 b. In general a special use is a type of property use that is expressly permitted within a zoning district by the controlling zoning ordinance so long as the use meets certain criteria and conditions, Meyer Material is not seeking to change a reclamation plan or expand the boundaries of its existing mining operation by the requests you have before you. The City of McHenry has determined on more than six occasions that Meyer's special use has met certain criteria or conditions. The City Zoning Ordinance under its surface mining provisions provides at Article XIII.A.4. that "all permits shall be renewable". Meyer Material has invested millions of dollars in its operation since 1976 in cooperation with the City since the inception of its relationship with the City. Meyer believes that it has a vested right to obtain an extension subject to reasonable conditions. Meyer looks forward to working out those reasonable conditions with the City Council as we move forward through the process. We look forward to discussing this with you further and with your attorney David McArdle as this process continues. Very truly yours, MSS:sr cc: Randi Willie Thomas C. Zanck David McArdle 4820-4808-8608, v. 1 WR ALADIN, P.C.