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HomeMy WebLinkAboutPacket - 04/16/2018 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, April 16, 2018, 7:00 PM 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Hearing: Amendments to Meyer Material Company, LLC Annexation Agreements. 5. 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. 6. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Renew Sublet Agreement between City of McHenry and Trey & Tom Corp. d/b/a Main Street Station for the property located at 4005 W. Main Street for the term ending October 31, 2020 for $950 per month; B. Appointment of Celeste Heidemann to the Landmark Commission to fill the vacant term expiring on April 30, 2018; C. Special Event Liquor License to permit the retail sale of alcohol outdoors for Nicolino's annual Kentucky Derby event, 621 Ridgeview Drive on Saturday, May 4 from 10 AM to 10 PM; D. Parks Facilities/Picnic Permits; E. April 2, 2018 City Council meeting minutes; and F. Payment of Bills in the amount of $252,526.19. 7. Individual Action Item Agenda: A. Motion to approve the transfer of Class A-21 Liquor License from Plum Garden Restaurant, Inc. d/b/a Plum Garden Restaurant, to Plum Garden LLC d/b/a Plum Garden Restaurant located at 3017 W. Main Street effective May 1, 2018. B. Motion to approve Fiscal Year 2018/19 Liquor License renewals. C. Motion to adopt an Ordinance authorizing the execution of a Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprise, Inc. relating to the demolition and redevelopment of the McHenry BP Gas Station located at 5301 Bull Valley Road, demolition of the vacant building at 5520 W. Elm Street; and, demolition of the vacant building located at 4410 W. Elm Street. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. McHenry City Council Regular Meeting April 16, 2018 Page Two D. Motion to reconsider the denial by the City Council on April 2, 2018 of an Ordinance granting a Conditional Use Permit to allow an Assembly Use, Outdoor Seating, and Indoor Entertainment for Utopian Roast LLC d/b/a Hidden Pearl Cafe located at 1252-1254 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. (Motion to be made by an Alderman/Alderwoman who voted no on April 2, 2018). E. Motion to adopt an Ordinance granting a Conditional Use Permit to allow an Assembly Use, Outdoor Seating, and Indoor Entertainment for Utopian Roast LLC d/b/a Hidden Pearl Cafe located at 1252-1254 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. F. Motion to adopt Ordinances amending various sections of Municipal Code Chapter 16 and Chapter 13 of the Traffic and Motor Vehicle Code relating to hours and fees for the Miller Riverfront Park Boat Launch. 8. Staff Reports. 9. Mayor and City Council Comments. 10. Executive Session. A. Motion to enter into Executive Session to discuss probable litigation, 5 ILCS 120/2(c)(11). 11. Adjourn. The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.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 72 hours prior to any meeting so that accommodations can be made. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: April 16, 2018 Regular City Council Meeting RE: Lease Agreement between the City of McHenry and Trey &Tom Corp d/b/a Main Street Station for the property located at 4005 W. Main Street. ATT: Proposed Lease Union Pacific Lease AGENDA ITEM SUMMARY: Renewal of lease agreement with Trey & Tom Corporation d/b/a Main Street Station, 4005 W. Main Street. BACKGROUND. The City of McHenry has leased the Main Street Metra Station located at 4005 West Main Street from Union Pacific Railroad for $1 per year since 1986. In return, the city is responsible for maintaining the existing architectural appearance of the station, controlling and maintaining access to the station, and developing commercial endeavors in the station that serve Union Pacific commuters. Any rentals or revenues generated by the city's sublet agreements belong solely to the city. The current lease with Union Pacific expires on October 31, 2020. Since 1987, the city has sublet a portion of the building to Trey Covalt, President of Trey &Tom Corporation and proprietor of the Main Street Station Restaurant. The leased space is approximately 2,000 square feet. Mr. Covalt is responsible for all expenses relating to maintenance and repairs to the building up to $2,500; the first $500 for sewer and water service line repairs; and purchase of replacement cost insurance. To date, the average lease rate for McHenry's downtown area is estimated to be $6 to $8 per square foot. For the term of the current lease, the monthly rent for this site is $950. ANALYSIS: As the city cannot guarantee that in 2020 Union Pacific will desire to negotiate a new lease with the city, staff would prefer the building remain occupied with a viable business. The business hosts various special events throughout the year that attracts people to the west side of town. 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, and fiscally responsible manner. Staff recommends renewing the lease with Trey & Tom Corporation for a term expiring on October 21, 2020 to correspond with the city's Union Pacific lease, and to maintain the current monthly lease rate of $950/month, or $5.70/sq. ft. Mr. Covalt is a dependable tenant, maintains the property well, and operates a popular restaurant in the Main Street downtown district. Recommendation: If Council concurs, then it is recommended that a motion be made to approve the attached sublet agreement with Trey and Tom Corp. for the term beginning May 1, 2018 and expiring October 21, 2020 with the monthly lease payment to remain at 5950 for the term of the lease. BEGINNING 1 TERM OF LEASE The term of the lease shall be dictated by the lease agreement between Union Pacific Railroad May 1, 2018 Company and the City of McHenry dated November 1, 2000 MONTHLY RENT SEE ATTACHED EXHIBITS A and B LOCATION OF PREMISES 4005 WEST MAIN STREET MCHENRY, ]LLINOIS 60050 PURPOSE To conduct a restaurant and dram shop operation thereon. LESSEE Trey &Tom Corp. 4005 W. Main Street McHenry, Illinois 60050 LESSOR City of McHenry 333 S. Green Street McHenry, Illinois 60050 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appurtenances thereto, for the above Term. LEASE COVENANTS AND AGREEMENTS 1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. Z. WATER, GAS AND ELECTRIC CHARGES. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted and in case said water rents and bills for gas, electric light and power 0hall not be paid when due, Lessor shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as Herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. 3. SUBLETTING; ASSIGNMENT. The Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee shall not assign this lease without, in each case, the consent in writing of Lessor first had and obtained; nor permit to take place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor offer for lease or sublease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or any other similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there be more than one, shall make an assignment for the benefit of the creditors, or shall be adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created, as liquidated damages. 4. LESSEE NOT TO MISUSE. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent, to be committed or carried on in the Premises by himself or by any other person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified. Lessee will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluids or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the premises or of the building of which they are a part. 5. CONDITION ON POSSESSION. Lessee has examined and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Lessor or his agent prior to or at the execution of this lease that are not herein expressed. 6. REPAIRS AND MAINTENANCE. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, and in good repair, all according to the statues and ordinances m such cases made and provided, and the directions of public officers thereunto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of the execution thereof, loss by fire and reasonable wear and tear expected. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense. If, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same himself or by his agents, servants, or employees, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness, and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. See attached Exhibit B providing specific obligations. 7. ACCESS TO PREMISES. Lessee shall allow Lessor or any person authorized by Lessor free access to the Premises for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and For Rent," and Lessee will not interfere with the same. 8. NON -LIABILITY OF LESSOR. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings, or walks, or from the backing up of any sewer pipe or down -spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in upon or about the Premises or the building of which they are a part nor form the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee nor from any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walls or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, nor for any damage or injury arising from any act, occasion or negligence of co -tenants or of other persons occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such damage or injury being hereby expressly waived by Lessee. Page 2 9. RESTRICTIONS (SIGNS, ALTERATIONS, FIXTURES). Lessee shall not attach, affix or exhibit or permit to be attached, affixed or exhibited, except by Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upon any of the appurtenances thereto, without in each case the written consent of Lessor first had and obtained; and shall not commit or suffer any waste in or about said premises; and shall make no changes or alterations in the Premises by the erection of partitions or the papering of walls or otherwise, without the consent in writing of Lessor; and in case Lessee shall affix additional locks or bolts on doors or windows, or shall place in the Premises lighting fixtures or any fixtures of any kids, without the consent of Lessor first had and obtained, such locks, bolts and fixture shall remain for the benefit of Lessor, and without expense of removal or maintenance to Lessor. Lessor shall have the privilege of retaining the same if he desires. If he does not desire to retain the same, he may remove and store the same, and Lessee agrees to pay the expense of removal and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade fixtures, equipment and movable furniture. 10. HEAT. Where building is equipped for the purpose, Lessor shall furnish to lessee a reasonable amount of heat, from October 1 sr to May 1st whenever in Lessor's judgment necessary for comfortable use of the Premises, during customary business hours (excluding Sundays and holidays but no earlier than 8:00 AM nor later than 6:00 PM unless specifically stated herein. Lessor does not warrant that heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Lessor, or by renewal or repair of the heating apparatus in the building. Any such interruption shall not be deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. All claims against Lessor for injury or damage arising from failure to furnish heat are hereby expressly waived by Lessee. 11. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Lessor may at his option, terminate this lease or repair the Premises within sixty (60) days. If Lessor does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall ceases and terminate. 12. TERMINATION; HOLDING OVER. At the termination of the term of this lease, by lapse of time or otherwise, Lessee will yield up immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear expected, and will return the keys therefore to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty (30) days after termination of the term serve written notice upon Lessee that such holding over constitutes either (a) renewal of this lease for one year and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section 1, or (b) creation of a month to month tenancy, upon the terms of this lease except at double the monthly rental specified in Section 1, or (c) creation of a tenancy at sufferance, at a rental of $950.00 per month for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein. 13. LESSOR'S REMEDIES. If Lessee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied for a period of ten (10) days, or in case of the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant in this lease contained, Lessee's right to the possession of the Premises thereupon shall terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by lessee shall constitute a forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with or without notice of such election nor any notice or demand whatsoever, this lease shall thereupon terminate and upon the termination or Lessee's right of possession, as aforesaid, whether this lease be terminated or not, Lessee agrees to surrender possession of the Premises immediately without the receipt of any demand for rent, notice to quit or demand for possession of the premises whatsoever, and hereby grants to Lessor full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove lessee or any other person who may be occupying the Premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other person as may reasonably be necessary and Lessor may repossess himself of the Premises as of his former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this lease contained, to be performed by Lessee. Lessee hereby waives all notice of any election made by Lessor hereunder, demand for rent, notice to quit, demand for possession, and any and all notices and demand whatsoever, of any and every nature, which may or shall be required by any statue of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this lease or any extension thereof. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Lessee, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of Lessor's rights to act without notice or demand or of any other right hereby given Lessor, or as an election not to proceed under the provisions of this lease. Page 3 14. RIGHT TO RELET. If Lessee's right to the possession of the Premises shall be terminated in any way, the Premises, or any part thereof may, but need not (except as provided by Illinois statute) be relet by Lessor, for the account and benefit of Lessee, for such rent and upon such terms and to such person or person and for such period or periods as may seem fit to the Lessor, but Lessor shall not be required to accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any diligence whatsoever in or about the procuring of any care or diligence by Lessor in the reletting thereof, and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting and collection, including commissions to agents, and including also expense of redecorating, Lessee agrees to pay and satisfy all deficiency; but the acceptance of a tenant by Lessor, in place of Lessee, shall not operate as a cancellation hereof, nor to release Lessee from the performance of any covenant, promise or agreement herein contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder. 15. COSTS AND FEES. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attorneys, agents and others retained by Lessor, incurred in enforcing any of the obligations of Lessee under this lease or in any litigation, negotiation or transaction in which Lessor shall, without Lessor's fault, become involved through or on account of this lease. 16. CONFESSION OF JUDGMENT. Lessee hereby irrevocably constitutes and appoints any attorney of any court of record in this State, to be his true and lawful attorney for him and in his name and stead, to enter his appearance in any suit or suits that may be brought in any court in this State at any time when any money is due hereunder for rent or otherwise, to waive the issuing of process and service thereof and trial by jury or otherwise, and to confess a judgment or judgments for such money so due and or costs of suit and of reasonable attorney's fees in favor of Lessor, and to release all errors that may occur or intervene in such proceedings, including the issuance of execution upon any such judgment, and to stipulate that no write of error or appeal shall be prosecuted from such judgment or judgments, nor any bill in equity filed, nor any proceedings of any kind taken in law or equity to interfere in any way with the operation of such judgment or judgments or of execution issued thereon and to consent that execution may immediately issue thereon. 17. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment of all moneys dues under this lease, which lien may be foreclosed in equity at any time when money is overdue under this lease; and the Lessor shall be entitled to name a receiver of said leasehold interest, to be appointed in any such foreclosure proceeding, who shall take possession of said premises and who may relet the same under the orders of the court appointing him. 18. REMOVAL OF OTHER LIENS. In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee fails to remove said lien within ten (10) days after Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor's costs, expenses and counsel fees. 19. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released ore terminated, nor shall the right and power to confess judgment given in paragraph 16 hereof be deemed to be waived or terminated by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. 20. NOTICES. Notices may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written copy thereof, or (b) be sending a written copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be deemed to have been served at the time the copy is mailed. 21. MISCELLANEOUS. (a) Provisions typed on this lease and all riders attached to this lease and signed by Lessor and Lessee are hereby made a part of this lease. (b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which maybe necessary for the proper and orderly care of the building. of which the Premises are a part. (c) All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. (d) The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. (e) The words "Lessor" and "Lessee" wherever used in this lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary, grammatical changes shall be assumed in each case as though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and severally and shall authorize the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against any one or more of such Lessees, and shall authorize the performance of every act in the name of and on behalf of any one or more of such Lessees. 22. SEVERABILITY. If any clause, phrase, provision or portion of this lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. 22-30 SEE ATTACHED EXHIBIT A. IN WITNESS WHEREOF, the parties hereto have executed this instrument as the Date of Lease started above. LESSEE: Trey Covalt, President Trey & Tom Corp. Date: Date: LESSOR: Wayne Jett Jr., Mayor City of McHenry Page 5 EXHIBIT A RIDER TO LEASE AGREEMENT May 1, 2018 SUBJECT TO 23. This lease shall be subject to the terms and conditions of the Lease Agreement LESSOR'S LEASE between Union Pacific Railroad Company ("Union Pacific"), as Lessor, and WITH UNION City of McHenry, as Lessee, dated November 1, 2000, a copy of which is PACIFIC RAILROAD, attached hereto, incorporated herein by reference and made a part hereof as COMPANY though set forth herein in full ("Underlying Lease"). Lessee shall comply with each of the covenants to which the City of McHenry is bound by the Underlying Lease. DRAM SHOP 24. Subject to Lessee's compliance with the laws of the State of Illinois and the Ordinances of the City of McHenry pertaining to dram shops, and the terms of this Lease, alcoholic beverages may be sold at retail in the Premises. INSURANCE 25. Liability Insurance. A. Lessee shall obtain and maintain with carriers acceptable to the Lessor, not less than the insurance coverages set forth below, which coverages shall be primary as to any other valid and collectible insurance or self insurance which may be available to the Lessor. 1. workers compensation and employers liability coverage in accordance with statutory requirements of the state having jurisdiction over the employee, and having an employers liability limit of no less than one million dollars ($1,000,000) for each occurrence; and 2. commercial general liability coverage with at least limits of one million dollars ($1,0005000) per each occurrence, and two million dollars ($2,000,000) in the aggregate, which includes coverage for liability arising out of operations performed by or on the Premises, specifically including coverage for premises liability, broad form contractual liabilities, insuring any and all contemplated operations and for any related exposure at the Premises. 3. business automobile liability coverage, including all motor vehicles, including equipment used in connection with operation or maintenance of any business or enterprise at the Premises, and 4. liquor liability coverage, including liability under Section 6-21 of Act 5 of Chapter 735 of the Illinois Compiled Statues, commonly known Exhibit A, Page 1 as the "Drain Shop Act," and all laws amendatory thereof, having a liability limit of one million dollars ($1,000,000) per occurrence and in the aggregate. B. Lessee's insurers shall agree to waive all rights of subrogation against the Lessor for losses arising from the Lessee's operations. C. Lessee shall furnish the Lessor with certificates of insurance naming the Lessor and Union Pacific as additional insured, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested, has been given to the Lessor and Union Pacific. 26. Property Damage to the Premises. Lessor shall at Lessee's sole expense and at all times during the term hereof, maintain fire, wind, storm and extended coverage, vandalism, malicious mischief — broad form, in not less than the replacement value of the building, as specified by Union Pacific from time to time as required in the Underlying Lease. Upon execution of this Lease Agreement, and thereafter upon request, Lessee shall furnish Lessor with copies of each of said policies. ASSi7MPTION 27. The Lessee assumes liability for all injury to or death of any person or OF LIABILITY person including employees of the Lessee, any sub -Lessee, any supplier or any other person and assumes liability for all damage to property sustained by any person. INDEMNIFICATION 28. To the fullest extent permitted by law, the Lessee hereby agrees to defend, indemnify and hold harmless the Lessor and Union Pacific against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs and expense, which may in any way accrue against the Lessor and Union Pacific, and the Lessee shall, at its own expense, appear, defend and pay all charges and attorneys and all costs and other expenses arising therefore or incurred in connection with this license, and, if any judgment shall be rendered against the Lessor and/or Union Pacific, the Lessee shall, at its own expense satisfy and discharge the same. NOTICE AND 29. All notices herein required shall be in writing and shall be served on the RENT parties at their following addresses, or at such other addresses as they may PAYMENTS hereafter from time to time in writing to the other party designate. Exhibit A, Page 2 City of McHenry Administrator 333 S. Green Street McHenry, Illinois 60050 Trey &Tom Corp. d/b/a/ Main Street Station 4005 W. Main Street McHenry, Illinois 60050 The mailing of a notice by certified mail, return receipt requested, to the aforesaid addresses, or the actual delivery of notices thereto in any other manner, shall be sufficient service for purposes of this Lease. Lessee shall mail rent to Lessor at Lessor's aforesaid address, or at such other address as Lessor may from time to time designate. TERM AND RENT 30. Lessee shall pay Lessor or Lessor's agent the sum of $950.00 per month for a term commencing on May 1, 2018, and terminating October 31, 2020, or sooner as provided herein, subject to the terms and conditions of the Lease Agreement between Union Pacific as Lessor, and City of McHenry, as Lessee, dated November 1, 2000. Exhibit A, Page 3 EXHIBIT "B" Lessee shall be responsible for the following maintenance obligations: 1. All expenses relating to maintenance and repairs to the building on the Premises relating to ordinary wear and tear items such as keeping the building in good condition and the HVAC system in good operating condition. 2. Except for sewer and water service line repair expense, with respect to any repair expenses relating to the building on the Premises, in excess of $2,500, the Lessee shall pay up to $2,500 for each occurrence and the Lessor shall pay all repair expenses in excess thereof. With regard to repair expenses and damages relating to sewer and water service line expenses, including damage from backups, the Lessee shall pay up to $500 for each occurrence and the Lessor shall pay all repair expenses in excess thereof. Ste- � � + z8U � �P '':m 0�088 �] r� �,,Y, s� �e� L �, o s��� 13 -� � �' �A,�� �o� •. J LEASE AGREEMENT LESSOR: Union Pacific Railroad Company 1800 Farnam Omaha, NE 68102 LESSEE: John Lobaito City of McHenry 333 South Green Street McHenry, Illinois 60050 LEASE NO. FILE NO. a�SX3 1930-44 On this 1sT day of NOVEMBER, 2000 ,x�� ,THE CITY OF MCHENRY, ILLINOIS, (hereinafter called "Lessee") hereby offers and agrees to lease from the UNION PACIFIC RAILROAD COMPANY (hereinafter called "Lessor") the passenger station (hereinafter called "Premises") of Lessor, situated in the City of McHenry, State of Illinois shown in heavy dark outline on "Exhibit A", including the entire basement, attached hereto and made a part hereof. The term of this Lease Agreement shall be twenty (20) years, unless sooner terminated as provided herein. The Lease is to commence on the day and year first above written. This Lease is made upon the following express covenants and agreements, each oI which is made an express condition hereof: COVENANT 1. Lessee covenants and agrees to pay Lessor as rent for the premises the sum of One Dollar and NO/ 100 ($1.00) per year and other valuable considerations. PURPOSE OF LEASE 2. The Lessee desires (a) to maintain the existing architectural appearance of the passenger station on the said premises, (b) to control and maintain access to the said station, and c) to develop commercial endeavors in the station which will serve the Lessor's commuters. Accordingly, the Lessor has granted the Lessee this lease. However, the said Premises will continue to be used and occupied primarily as a railroad commuter station facility. The Lessor reserves unto itself, its successors and assigns, and licensees the right to use said Premises in the general conduct of its railroad business including endeavors to convenience its commuters and the public. EXCLUSIVE USE BY LESSOR 3. Lessor reserves for its exclusive use and occupancy that portion of the passenger station shaded in yellow on the attached "Exhibit A". Lessor will be responsible for the interior walls of the portion that it reserves for its exclusive use. USE BY LESSOR AND PUBLIC 4. Lessor reserves for lawful use by Lessor and the public, including but not limited to Lessor's customers, the said Premises (except such part of said premises as are with Lessor's consent hereafter sublet by Lessee). Lessee shall not interfere with or infringe upon Lessor's or the public's lawful use of the said Premises so reserved. Lessor and Lessee each reserve the right to regulate and control the people who enter said Premises, and their conduct, and reserves the right to enter upon said premises at any time, and to eject therefrom any disorderly person or persons. ROADWAYS ACCESS 5. Lessee accepts the Premises subject to rights of roadways, easements, permits, or licenses. Lessee agrees to provide to Lessor, and the public, access over and through Premises on these existing roadways and easements should such access be deemed necessary by Lessor. Lessee further agrees that Lessor shall not be responsible for the care or maintenance (including snow removal) of said roadways. RELOCATION 6. Lessor reserves the right to maintain or relocate its existing facilities, or to construct and thereafter maintain new facilities, in the vicinity of the Premises with no liability for damages to Lessee's interests or property resulting from such activities. Lessor agrees, however, that no changes shall be made without prior consultation with Lessee. SIGNS 7. Lessor reserves the right to post, paint, or place, or to have posted, painted or placed on the Premises, informational signs relative to the operations of the Lessor on the Premises, including, but not limited to, those designed to enhance the accessibility of said facilities and services to the elderly and persons with disabilities. Lessor agrees, however, that no such signs shall be posted, painted, or placed without Lessee's prior consent. Advertising signs will not be posted in the Premises. COMPLIANCE (LEGAL AND INSURANCE) POLLUT/ON ENV/RONMENTAL CONTAMINATION 8. Lessee shall not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Premises or any building or structure thereon. Lessee shall maintain and use the Premises and buildings and structures thereon in accordance with the requirements of all local ordinances, state and federal laws in effect during the term of this lease. 9. Lessee further agrees to comply with all ordinances, laws, rules, and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and/or disposal of refuse, solid wastes or liquid wastes. Lessee shall bear all cost and expense arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify and save harmless Lessor from all liability, including without limitation, fines, forfeitures, and penalties arising in connection with the failure by Lessee to comply with such ordinances, laws, rules or regulations. 10. Lessee recognizes and assumes responsibility for environmental liability or responsibility imposed under applicable environmental laws, regulations or any other similar requirements relating to any contamination of the Premises or groundwater thereunder or discharge or release to adjacent property arising from or in any respect aggravated or altered by any operations or activities by, or any equipment or facilities used by or permitted on the Premises by Lessee (the foregoing hereinafter referred to as "Lessee operations"). Lessee, therefore, agrees to indemnify and hold harmless Lessor, its officers, agents and employees from any and all liability, fines, penalties, claims, demands, loss or lawsuits brought by any third party or governmental agency under any theory of law against Lessor seeking to hold Lessor liable for any investigation, response or cleanup costs, penalties or damages, whether personal, property or environmental, for any contamination of any property of groundwater thereunder or discharge or release to adjacent property arising out of or in any respect aggravated or altered by Lessee operations. Lessee agrees that the above indemnity extends to any liability resulting from or arising out of Lessee's implementation of any investigation, response or cleanup plan approved by the United States Environmental Protection Agency or companion state agency. Lessee further agrees to undertake, at its own expense, any 3 investigation, response or cleanup of any contamination of the premises and groundwater thereunder arising from or in any respect aggravated or altered by any Lessee operations and to promptly notify Lessor of any event, notice, claim, demand or litigation which involves or alleges contamination of the premises, the groundwater thereunder or a discharge or release therefrom to adjacent property. RELOCATIONS OF WIRES 11. Lessee accepts the Premises subject to rights of any party, including Lessor, in and to any existing telephone, telegraph or other wires, and poles and facilities of any kind whatsoever, whether or not of record. Should the Lessee at any time require the relocation of any of same, Lessee shall bear and pay the cost of so doing. QU/ET ENJOYMENT AND LESSOR'S TITLE 12. Lessor makes no covenant for quiet enjoyment of the premises. Lessee assumes any damages Lessee may sustain as a result of, or in connection with, any want or failure at any time of Lessor's title to the Premises. NO SUBROGAT/ON 13. Lessee agrees all insurance policies, if any, issued to it, or for or upon Lessee's account, covering any injuries to persons or any loss or damage to property so written that the insurer shall have no claim or recourse of any kind whatsoever against Lessor, Metra, or the Premises unless said injuries, loss or damage are the result of the sole negligence by the Lessor, Metra or Lessor's representatives. LIABILITY 14. As a material consideration for entering into this Lease and without which the Lessor would not enter into same, the Lessee covenants and agrees to indemnify, save harmless and protect the Lessor and the Commuter Rail Division of the Regional Railway Authority ("METRA") from and against any and all loss, damage, claim, demand, fine, lawsuit and/or liability, and any and all costs, expenses and legal fees in connection therewith by reason of injuries to or death of persons and/or loss of or damage to property and/or violation of any law, ordinance or regulation arising or growing. out of or connected with this Lease, the Premises, and/or any act or omission of (1) the Lessee, its employees or agents, and/or (ii) any other person performing any work or service for or on behalf of the Lessee on or about said Premises or arising out of their presence on said Premises. C� LIENS 15. Lessee agrees not to suffer or permit any lien of mechanics or material men to be placed against the Premises or any part thereof and, in case of any such lien attaching, immediately to pay off and remove same. It is further agreed by the parties hereto that Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law or otherwise, to attach to or to be placed upon Lessor's title or interest in the Premises, and any and all liens and encumbrances created or suffered by Lessee or its tenants shall attach to Lessee's interest only. EMINENT DOMAIN 16. If the whole or any part of the Premises shall be taken or condemned by any competent authority for any public use or purpose, this lease shall, as to the part so taken, terminate as of the date when taken or required for such use or purpose. The entire amount of damages or compensation payable or paid for the part taken and then for remainder, if any, shall be paid to and retained by Lessor as its own property without apportionment. Lessee hereby assigns to Lessor any claim which Lessee would have to such damages. Lessee shall look to said authority solely for any compensation or damages on account of Lessee's cost and expense of removing Lessee's personal property from the Premises and for the cost and expense of moving any building or other structure placed upon the Premises by Lessee and which Lessee would have the right to remove as a Lessee of the Premises. CAUSE FOR BREACH 17. If Lessee defaults in any of Lessee's undertakings or obligations in this lease, then such event or action shall be deemed to constitute a breach of this lease and if such default remains uncured for thirty (30) days after notice in writing, this lease shall cease and terminate, at Lessor's option. TERMINATION 18. Either party may at any time terminate this lease by giving ninety (90) days' written notice of its intention to do so. SURRENDER OF PREMISES 19. Upon the termination of this lease by any manner, means, or contingency whatsoever, Lessee shall, without further notice or demand, deliver possession of the Premises to Lessor in as good condition as when entered upon, ordinary wear and tear accepted. REENTRY 20. If Lessee shall breach or default in any of the terms of this lease and if such breach or default is not cured or if this lease shall expire or terminate in any manner, it shall be lawful for Lessor, then or at any time thereafter, to reenter the Premises and take possession thereof, with or without process of the law, and to use any reasonable or necessary force for regaining possession; provided however, the Lessee shall have the right to remove certain of Lessee's properties as hereinabove provided. WA/VER OF REMEDIES 21. (a) No waiver of any default of Lessee shall be implied from omission by Lessor to take any action on account of such default. No express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No receipt of money by Lessor from Lessee (1) after any default by Lessee, (ii) after the termination of this lease, (iii) after the service of any notice or demand or after the commencement of any suit, or (iv) after final judgement for possession of the Premises, shall waive such default or reinstate, continue or extend the term of this lease or affect in any way any such notice or suit, as the case may be. (b) The erection of buildings or improvements on the Premises shall not constitute a waiver or affect in any way the right of either party to terminate this lease. SUBLETT/NG 22. Any rentals or other revenues generated by the subletting by Lessee of any portion of the Premises shall belong solely to the Lessee. /MPROVEMENTS 23. Prior to any improvements being made to the premises, Lessee shall submit to Lessor's Director -Real Estate of plans and specifications for improvements on any portion of the Premises. ("Improvements" shall include, but not necessarily be limited to, replacement or repair of roof, floors, heating plant, plumbing, or walls; but shall not include such items of maintenance as window washing, cleaning, sweeping, or normal services ordinarily provided by a janitor.) 0 r CUMULATIVE RIGHTS 24. All rights and remedies of Lessor shall be cumulative, and none shall exclude any other rights and remedies allowed by law. NOTICES 25. All notices, demands, elections, and other instruments required or permitted to be given or made by either party upon the other by the terms of this lease or any statute, shall be in writing. They shall be deemed to have been sufficiently served, if sent by certified or registered mail, with proper postage prepaid to Lessor or Lessee at the respective address first above shown. Such notices, demands, elections and other instruments shall be considered as delivered to recipient on the second business day after deposit in the U.S. Mail, or when actually received, whichever is earlier. ENT/RE AGREEMENT RAIL SERVICE HOURS OPEN TO PUBLIC ACCEPTANCE MAINTENANCE 3O. 26. All of the representations and obligations of Lessor are contained herein. No modifications, waivers or amendments of this lease, or any of its terms, shall be binding upon Lessor unless it is in writing and signed by a duly authorized Officer of the Lessor. 27. Lessor makes no warranties or representations, expressed or impled as to continued rail service to the Premises. 28. Lessee shall control the hours during which the Premises shCI ll be open to the public. 29. Lessee has examined and knows the condition of the Premises and shall enter upon and take the same in their condition at the commencement of the term of this lease. Lessee agrees to provide all cleaning and janitorial service and supplies, including toilet paper and hand soap, to keep Premises in a clean and neat condition satisfactory to the Lessor's Director - Real Estate. Only those areas as defined as the "Premises" will be governed by this section. During the term of this Agreement, Lessee shall maintain and repair said passenger station and all fixtures and appurtenances G 7 thereof, and shall keep all of the same, and any area used in the future for commercial development, in a good state of repair, appearance and order (including, but not limited to, regular cleaning of floors, windows, painting, plumbing fixtures and the providing of scavenger service), corresponding to standards that apply to public buildings and facilities, Lessee shall be responsible for repairing or replacing any structural parts of the depot building resulting from ordinary wear and tear (such as support walls, structural members, columns, floors, roof, heating plant and foundation). Lessee shall be responsible for notifying the Lessor, in writing, of the need for improvements or repairs which are to be the responsibility of the Lessee. Lessee will also be responsible for outside maintenance of the building RIGHT TO INSPECT 31. Lessor, its agents, employees and authorized contractors shall have the right to enter the Premises or any part thereof, at all reasonable hours, for the purpose of inspecting the Premises to determine if Lessee is complying with all terms and conditions of this lease and/or to determine through inspection and/or testing if any hazardous condition, pollution or contamination is present or threatened. Lessee agrees to cooperate with Lessor in any such inspection and to provide at Lessor's request any and all permits, reports, journals, bills, shipping papers or records of any kind, paper or electronic, relating to any materials used, stored, heated, disposed of or sold on or transported from the Premises. BUILDING INSURANCE 32. Lessee further agrees to obtain, at Lessee's own cost and expense, fire, wind storm and extended coverage insurance in the amount of full insurable value of the passenger station to be determined from insurance agent/appraiser and approved by Lessor. Said insurance shall run in favor of Lessee and shall be endorsed to assume the contractual obligations of Lessee as set forth in this subject lease. A duplicate copy of such insurance policy or a certificate of insurance and signed copy of report showing established insurable value, shall be furnished to the Lessor and must show on the insurance policy or the certificate of insurance that the Lessor will be properly notified within a thirty (30) day written notice of any modification or cancellation of such policy. Lessee may self -insure against the risks referred to above. UTILITIES 33. Lessee will pay all the utility costs incurred by the operation of the Premises. SALE OR ASSIGNMENT 34. Any sale, assignment, transfer, or underletting of this lease by Lessee without the previous written consent of Lessor shall be void. Such written consent shall not be unreasonably withheld and it is the intent of the parties hereto that portions of the Premises will be sublet for commuter convenience service. No act of Lessor, including acceptance of money by Lessor from any other party, shall constitute a waiver of this provision. REHABIL/TAT/ON 35. In the event funds become available from either a public agency or other sources for the rehabilitation of railway stations, the Lessor agrees that it will cooperate with Lessee or other parties in the applications for such funds, provided there is no cost or expense to Lessor of any kind in the acquisition of these funds and provided such rehabilitation in no way adversely affects Lessor's interests in the Passenger Station or adversely affects its commuter railway operation. IN WITNESS WHEREOF, the parties hereto have executed these presents the Jay and year first above written. WITNESS: UNION PACJCA,ROAD COMPANY (For Lessor) WITNESS: (for Lessee) FORMS10015 By: CITY OF MCHENRY, ILLINOIS ,I) STEVEN J. CUDA, MAYOR , E w000 :)e b4 Mz1It IF x:Mail!omI AREA LEASED TO THE CITY OF CHENRY SHOWN ............� AREA RETAINED BY ICI E�HOWN ............................ r4 �� LGh'SE� • w 1 'L b -i-ftdgmftC LAA d:$. to, goal d v ID Do I I Mao, 'ee1vr- :NOo ::. - •` .; ':~Dt -. S' _ ..� Vie: Go t ad to L WE'D did:�.� ._� .: _ .� EST16uLE r.: tFnire— I Do am, -�-� 4 ��;sf - i --y'r_� za_ F, ". _ - .r. _• � �=--'�•.-L 1-5 _�_ 3 <.r ic..ro.�air. LJ: 1 . 1- ti - S � 1 .� y lC :v to I + t -i t' r. .fit' 0 Ed od '•1 - 3 _ Lti.. Q r..r .♦ x GEDall wr all a. Ed at, L7 LB,;. am,-- — _ _ go mg a to I it 00 Dim load Do D milk Do'. sit Ed ' • ;#'�. add { �' ` }op_REie•� �• Tj!. 9.� " �; 7:' s c%° AACiiIL l S. do r~ !< ..psi• - - ' ad ,:.f::;r'If:� -•t - ';r.-%•L' 'l:! _ i,•e>`t.i. : .- _•aw...�.t_R. ,. r: a . .. IV .. I'm -to I It ;.am . : a! iJa mail o fair. so sDID;.' ..... _ CLK'__L �- LIKE C off ED �a me I,`: _ ~ r 1 IEl mom -- ,Da .�[n3tijI71NC�o o ad :r:. =Ilsle,i.Ito 1 a VI a:a - L1q7m. - SLhEd T " ary�-� WE. axl= mo T— — t: s;:'too a -''o: 00 �2. +'° r - 4 _. DID a L38 55` 1 am mild PFF PIOaft 1:1 a tisdommd to III :c.— s6 :mom11 :m Via a 41,a Am '= �.. . �. • t a go I I all aft °. :;�0.1 .- . — -- -'-so - 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 16, 2018 Consent Agenda, I will be asking for a motion to approve the appointment of Celeste Heidemann to the Landmark Commission. Based on the recommendation from Landmark Commission Chairman Patrick Wirtz, Ms. Heidemann will be filling a term vacated by the resignation of Joyce Matuszewich that expires on April 30, 2018. Subsequently, Ms. Heidemann will be recommended for reappointment to a three year term as part of the FY 18/19 annual appointments on April 30. 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 Celeste Heidemann to the McHenry Landmark Commission to the term expg Apri1309 2018a The City of McHenry is dedicated to providitrg its citizens, businesses, attd visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsib/e manner. City of McHenry Application for Committee, Commission or Board Mail or Deliver to: Office of the Mayor, City of McHenry, 333 South Green St, McHenry IL 60050 Application for Appointment to Lun u 2. Address: .5Q I Phone: Home 'RPr City Resident Since: In this Section please use P for Presently; F for Forr erly: Work Elected or Appointed Positions Held: Member of Organizations (list offices held): Background: Committee/Commission/Board. Spouse: 1 1 � C,,"i 0 IeCI�I I / Do you or any of your close family or business connections own, hold stock in, serve as director of or work for any business which provides products or services to: City of McHenry YK) Other Government Entity If yes, please identify and explain: 4. Do you or any of your close family or business connections serve on any Committee, Commission, Board or otherwise with an hin organization or agency which has, or ay have, which you are making application? _ If "yes" please identify and explain: , any business or personal transactions with the CommitteeCommission or Board to i 5. Are you generally familiar with the functions and workings of the Committee/ComrnissionBoard to which you are malting application? Uj,,.e`7 Have yoended meetings of this body? _n1� What prompted you to apply for consideration. -r r appointment to this position? v I-P.V( e 11 a What studies, responsibilities, accomplishments, publications or community whi�i��� feel maydualify yo�for this position? ���,�'' [�-� `, Other comments: Other information you would like to include maybe attached to this available: Signed: will interview each DI'(n 11'1" �j you participated in or initiated vhn� , / / Iftlurhh P� The Mayor, being responsible for �ersonally_.,What days and times are you Date: nl�2�,C 7/)(1� The Mayor and the City of Mc enry wish to tha�zlc yore for youY irat rest It is appreciated! Date Received: t �" � � Date Considered: � � � � � Action: Revised: 3/16/O5 =a _ 1via n CONSENT AGENDA DATE: April 16, 2017 TO: McHenry City Council FROM: Mayor Wayne Jett, Jr. RE Special Event Liquor License ATT: Application and Site Plan 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 Agenda Item Summary: Nicolino's located at 621 Ridgeview Drive is hosting their annual Kentucky Derby party on Saturday, May 5 from 10:00 AM to 10:00 PM and is requesting a special event liquor license to allow outdoor service and consumption of alcohol in the parking lot of his establishment. Event setup will begin on Friday, May 4 and teardown will be completed no later than Monday, May 7. Background: As in previous years, Nicolino's filed for a temporary use permit to setup a tent for the event in the parking lot of the site. The temporary use request includes the ability to have a 40'x 40' tent to protect patrons from inclement weather, and portable toilets will be provided. A copy of the site plan has been attached for the Council's information. Analysis: The $25 permit fee and all required paperwork was submitted. The temporary use permit was approved administratively with the following conditions, which are the same as in previous years: 1. No signs, with the exception of "No Parking" signs required as a condition of this temporary use permit, are to be placed in the city right -of --way at any time; 2. All temporary signsibanners used for this event are authorized in accordance with the regular temporary sign permit process; 3. "No Parking" signs shall be posted on both sides of Ridgeview Drive from Bull Valley Road south to the landscape median and extending 20-feet south of the entrance to the subject property on the eastern and western sides of Ridgeview Drive; and 4. No parking shall be permitted on other private property without written authorization from the property owner. Recommendation: If Council concurs, it is recommended a motion be made to approve the request for a special event liquor license as presented. The City of McHenry is dedica/ed to providing its citizens, businesses, aitd visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. 04/12/2018 12:06 8153632119 CITY OF MCHENRY PACE 01101 P SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY CP MCHENRY {A specla1 eVent iiqutyr license may also be mquir0d by the Mate Liquor Con(rW Commission) wWW.statejI.us/jCC PEE $25.00 APPLICATION DATE I COMPANY OR ORGANIiATION: ADDRESS: !� v _ CITY: �`�G it s a✓� PHONE NUMBER: S'' �� c EMAIL: TYPE OF BUSINESS OR ORGANIZATION: 5 ,J, 2. LICENSE APPLICANT: DATE OF BIRTH: ADDRESS: ✓ I � v 7 s �- CITY: TELEPHONE NO.: /,/ ^� i y` P %!+ a EMAIL: 3, LOCATION WHERE SPECIAL. EVENT HELD: / 0 (non•rgstdentlal premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD; OWNER'S ADDRESS: /%�Li 4 TELEPHONE NUMBER: CITY: 5. DATE(S) OF EVENT: r)/I, S (oat more than 3 days) HOURS: �- TYKE OF ALCOHOL TQ BE SERVED: BEER _WINE LIQUOR 7. NO UNDER -AGED OR INTOXICATED PERSONS) SHALL BE SERVED ANYALCOHOLIC BEVERAGES, 8, DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OSTAINED AND A CERTIFICATE OF INSURANCE) AMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. F$�. MMIT 4 J occurrence, toss, damage, or I — v hereby states that the City of McHenry shall not be held liableforany njof this event_ Person or persons to whom this license has been Issued shall hold the Ci ury as a result ty of McHenry harmless in connection with any and all claims arising as a result of the consum of this license. ptipn 5f a►oohotip liquor or as a result of the issuance 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 f s ense, W gSCRIBECI and SWORN to before me this � of OFFICIAL SEAL. .......... _. �,.��wm.nn.,Y*rtf1Y1W'�`�**hiYRW*i*hhNW W Mh/MiWwMMrMYWM1w4*h,YhhArfii**hW'FI**hh*W'M*fiMhfiWw DATEISSUED ueENSE NO EI=FECTIVI: DATE{S) 2010 t��Z.51T� PLAN i. pier unun �acano�s. s MCHenrvK 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 SUPPLEMENT DATE: April 16, 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, efficient, a►rd fisca/ly responsible manner. FOR COUNCIL MEETING ON APRIL 16, 2018 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Park Purpose 05/27/18 Anthea Minnery 3402 W. Lorient Drive PPB Graduation Party 06/03/18 St. Patrick Church 3500 Washinton VPA/Gaz. Parish Picnic 06/16/18 Sandra Cheatham 3719 W. Maple VPC Birthday Party Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant Address Park None Special Use 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 None McHenry Parks & Recreation McHenrShelter, Alcohol & Special Use Permit Application y � NII,n NnrAa„tirvn.a, 7�c U --L- Application Date:y2 ;r7 Rental Date: pp,�,,�� b � 8 Rental Time:. 00 Name of Applicant:`_'*1P�A eYllillrl r Date of Birth: $ I Organization (if applicable): Address: CND& )0j. IXlt'nlr 0r City/State/Zip: `f I L., [#DOSE) Home Phone: Cell Phone:_ tcq 10%SLD 01 tp [ Personal Email: CXA^j:-ems toVn(ie( �1 � 4W a Cpm Event Title/Activity: WIrk" Sf 10i1\ l" Te, A 0^,t k ii 1 f �IP1 List all activities to be SHELTER: o fCnox Shelter A ❑Petersen Shelter A ❑Petersen Shelter C ❑ Knox Shelter B JIQ Petersen Shelter B ❑ Veterans Gazebo WEDDING: ❑ Rails removed at Veterans Memorial Park ($zs fee) 3EER/WINE: (at least 4 weeks notice needed) ❑ Veterans Shelter ❑ Other, Type of Alcohol to be Served: ❑None of Wine 14 Beer NO OTHER ALCOHOL ALL 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 (i- ❑ Tables # ❑ Performer ❑ Catered Pig Roast ❑ Other OTFIER: DAMAGE DEP: Groups ove Credit Car Signature: ?1 ❑ Chairs # ❑ Mu5100 DJ ❑Band Tents and Bounce Houses ❑ Benches # b arnival Rides ❑ Wedding Arch ❑Animals Approval will be based of required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 8t5-334-4585 I agree all alcohol containers will be removed by applicant or placed In proper containers on s(te on the rental date anU 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 also understand that not complying with the rules will result In loss of deposit. I agree to hold the City of McHenry, Its employees and agents harmless, and Indemnify same from any and all liability of Injury to person or property occurring as a result of the activity sponsored by pennittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant In said activlly. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation Shelter Guidelines. vo�W A Rmruuun ptrymntr,� ✓ ��Y Rental Date:. ) Li ► I CaC�I Name of Applicant:_S T F McHenry Parks & Recreation Shelter, Alcohol & Special Use Permit Application � un Group/Organization (if applicable): i' A r �I C Address:_35 O© �� r.� H 1 To I�► Home Phone: g 1 5' 3 b s 00_a5, Personal Email: G 5(,s7' Pa+rl A fflventTltIe/Activitv:-.-N-R)SK Pt 1. NiL Is all activities tobe held: 61cssG s SHELTER: ❑ Knox Shelter A Application Date: 3/ L ._...Rental Timer �� c ic sT . -rR t�rr._ppK1 ,C H U R City/State/Zip:_M� II EIV _h `7 ) L 160060 / Cell Phone:_ Ce, I !l a m .Henry• OM Attendance. _Soo Li 3t J k_Y1--u-S�t C, e,t u vvSD ❑ Petersen Shelter A ❑Petersen Shelter C ❑ Knox Shelter B ❑Petersen Shelter B Veterans Gazebo WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee) BEER/V1►INE: (at least 4 weeks notice needed) Veterans Shelter ❑ Other Type of Alcohol to be Served: ❑None ❑Wine Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # Beer Cases # Beer Kegs # 1 SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter ❑ Tent Bounce House Location:._ _. __ _.. Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses ❑ Tables # ❑ Performer ❑ Catered Pig Roast ❑ Other ❑ Chairs # ❑ Music: ❑ DJ ❑Band ❑ Benches # ❑ Carnival Rides ❑ Wed ding Arch ❑ Animals OTHER: Groups over 50o must obtain additional: ❑ dumpsters ❑portable toilets DAMAGE DEP: Credit Card N ber: Expiration:_ .___ CW: Signature: �i' __Date: 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 cater(ng. Please make arrangements to obtain permits. McHenry County Department of Health: 845-334-4585 I agree all 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 also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All persons agree to comply with the City of M enry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recrea ' n Shelter uidelines. /] &hl Signature; J _ __.._ _ Date. �J w .. Ask McHenry Parks&Arr affun Dwarlmenr yYC Rental Name of Appl McHenry Parks & Recreation Shelter, Alcohol & Special Use Permit Application julle;ic / / Zv/[ Group/Organization (if a Address: —311 Personal Email:`: Event Title/Activity: I List all activities to be h Application Date: '3 01, I �I Time of Bilth• l�� %M �� 4 � _ Attendance: �_____ SHELTER: ❑ Knox Shelter A ❑ Petersen Shelter Ayo etersen Shelter C ❑ Knox Shelter B ❑ Petersen Shelter B eterans Gazebo WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee) BEER/WINE: (at least 4 weeks notice needed) Type of Alcohol to be Served: ❑None Wine Beer Amount of Alcohol: Wine Bottles # ❑ Veterahs Shelter ❑ Other. NO OTHER ALCOHOL ALLOWED Beer Cases # � Beer Kegs #. SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter ❑ Tent ❑Bounce House Applicant to call JULIE (1-800-89a-o�z3) for staking of Tents and Bounce Houses ❑ Tables # ❑ Performer ❑ Catered Pig Roast ❑ Chairs # Musics ❑ DJ ❑Band ❑ Benches # ❑ Carnival Rides ❑ Wedding Arch ❑ Animals ❑ Other (A pto--- OTHER: Groups over 5c DAMAGE DEP: Credit Card Nut — Signature:% — Approval will be based on the iceiiin usceu auuve. tiny ocher requests are suolect to runner approval. It 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 all 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 underthis 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 also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant In said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Re,Freation Shelter Guidelines. Signatu REGULAR MEETING April 2, 2018 Mayor Wayne Jett called the regularly scheduled April 2, 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: Mihevc, Glab, Schaefer, Condon, Devine, Curry, and Santi. Also in attendance. 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 McArdle, and Deputy Clerk Geraghty. PUBLIC COMMENT James Molnar South Carolina announced he was a retired McHenry Police Officer and is an active member of the Police Ministry in South Carolina. Mr. Molnar presented 100 wristbands representing the Brotherhood of the Badge to Police Chief Birk for distribution to members of the Police Department. Mary Nadar, 1213 Matanuska, Glacier Ridge Subdivision addressed the Council regarding her concerns about the Meyer Material Co. reclamation plan, requested a deadline when mining would be completed at the south end of the gravel pit, move equipment from the north side of the gravel pit, and grant a four year extension rather than 10 years as proposed. Jody Bork, 7209 Burning Tree Drive, Burning Tree Subdivision address the Council regarding her concern about air quality and possible harmful emissions produced by the gravel pit operations near her home and the effect this may have on her asthmatic daughter. Ms. Bork asked for air quality studies to be performed. Nick Finia, 6805 Burning Tree Drive, Burning Tree Subdivision expressed his concern about the noise, dust and harmful emissions produced by the gravel pit operations. Mr. Finia distributed copies of a petition to the Council that was signed by 35 neighbors averring their opposition to the mining operations near their homes. Jay Mathiesen, 6712 Burning Tree Court, Burning Tree Subdivision expressed his concern and opposition to the extension of the Meyer Material annexation agreement. PROCLAMATION Mayor Jett read aloud a Proclamation declaring April 27, 2018 as National Arbor Day in the City A McHenry and invited city residents to a ceremony hosted by City Forester Mike Harper on April 27, 2018 at 3*30 PM in the City Council Chambers to celebrate this day. CONSENT AGENDA A. Appointment of Mary Kay Welter to the Landmark Commission to fill the vacant term expiring on April 30, 2020; Regular City Council Meeting Page 2 April 2, 2018 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 foI 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. Motion by Alderwoman Condon, second by Alderman Schaefer approving the Consent Agenda as presented. Voting Aye: Condon, Schaefer, Curry, Devine, Glab, Mihevc, Santi. Voting Nay: None. Absent: None. Motion carried. 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. Motion by Alderman Santi, second by Alderman Glab 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. Voting Aye: Santi, Glab, Mihevc, Schaefer, Condon, Curry, Devine Voting Nay: None. Absent: None. Motion carried. 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. Mayor Jett asked Director Martin to present this item to the Council. Director Martin provided a brief summary of the requested action and announced a copy of the Regular City Council Meeting Page 3 April 2, 2018 proposed license agreement had been slightly revised and was placed at their seats. Alderman Glab expressed his concerns about the proposed business utilizing the city sidewalk to serve liquor. Mayor Jett invited the applicant Dan Kearns to the podium. Mr. Kearns stated the proposed use in front of his building would be similar to the McHenry Theater. Alderman Glab stated this area would require fencing because of alcohol service and he would not support blocking a public sidewalk on a permanent basis especially from wheelchair access and during community events. Alderman Glab also expressed concern about the proposed use of Neumann Park stating the city should not be locked in to a 12-month agreement. Alderman Condon stated she was in favor of the proposal including the use of Neumann Park and asked if DC Cobbs was granted a similar outdoor use. Director Martin answered if the use were approved the applicant would be required to follow guidelines as detailed in the proposed license agreement. Alderman Condon asked if the outdoor use could be discontinued during special community events and Director Martin answered yes. Alderman Condon restated she would support the proposal with the options and stated guidelines. Mr. Kearns stated the sidewalk in front of his building has to be leveled similar to the front of the theater. Handicapped accessibility would be accommodated and gates would be installed at each end; the gates could also be left opened and the use discontinued during special events. He also stated he would welcome any use of the park near his business, as it has always been his intention to draw people to the park. He intends to install a door with a walkway connecting his business to the park. Alderman Glab restated his reservations about infringing on a public walkway. Alderman Schaefer said there have been significant changes to original proposal of the business and asked if it should be sent back to the Planning and Zoning Commission. Director Martin said it was possible but did not recommend it. Alderman Santi asked Mr. Kearns how long had he been working on the building and Mr. Kearns answered since April 15, 2017, building plans were approved in September and to date had invested $125,000. Alderman Santi asked why Mr. Kearns kept changing the building plans and suggested Regular City Council Meeting Page 4 April 2, 2018 he complete the indoor renovations prior to the outdoor details. Mr. Kearns stated he would be done with the interior renovations in five weeks. Alderman Santi asked Mr. Kearns if he owned the building and Mr. Kearns reported he has a land contract for the term of three years. Alderman Schaefer noted DC Cobbs has tables and serves alcohol on the side of the building. Director Polerecky stated tables are also permitted in the area in front of the business between the front of the building and the sidewalk railing that will be setup this summer. He added the sidewalk in front of Mr. Kearn's building has to be raised about seven feet from the building, which would leave approximately seven feet of actual sidewalk on Green Street. It is the same idea as the theater. The raised platform will be one or two steps off the front of the building with a ramp coming from the north to allow wheelchair accessibility from the north. As you move south on Green Street there will be one or two steps with a raised platform and a railing similar to DC Cobbs. Alderman Schaefer asked if the amount of space at DC Cobbs was greater than the 14- feet in this proposal and Director Polerecky said they are approximately the same; a minimum of five feet of sidewalk is code. Alderman Santi requested a walkthrough of the building and Mr. Kearns invited all Council members to stop by anytime adding there will be no progress made to the interior renovations until a decision was reached this evening. Alderman Curry asked if a railing would be installed along the sidewalk with our without outside seating and Director Polerecky said yes, a 30 tall railing was required with a step and handicapped ramp a minimum of 36" wide regardless of the outcome this evening. This became a requirement when the front door was altered. Mr. Kearns is planning to improve the front exterior with a new front door. Regardless of outdoor seating, the ramp would be installed. The proposal is to widen the area to allow a small table to serve coffee and other beverages. Alderman Curry asked if outdoor seating was not permitted, would the sidewalk area against the building still will be raised and Director Polerecky answered yes. Alderman Curry added that a few steps would be required and Director Polerecky said a ramp for handicapped accessibility would be required. With only one or two steps, a railing is not required but is recommended. Alderman Glab suggested the handicapped accessibility be installed on the side of the building verses the front. Director Polerecky said if the walkway were approved this could be possible. Alderman Schaefer asked if the brick design in Neumann Park would be continued in the proposed new walkway. Director Martin stated the plans include continuity. Regular City Council Meeting Page 5 April 2, 2018 Alderman Santi asked if the door on the south side was a required exit to meet the Fire Code for occupancy. Director Polerecky answered yes; it is required due to occupancy requirements. Alderman Santi stated if the other Councilmembers agreed, he would be willing to agree to the proposal with just the door on the south side and the patio to be discussed and voted upon at a later date. He then asked about the front sidewalk. Director Polerecky stated there is a requirement for handicapped accessibility access to the building that would require not only a door but also a 3x3 pad with a walkway to another walkway so you are making improvements somewhere in the park with a 36" pad so a wheelchair does not have to go through the grass. Mr. Kearns asked if this could be constructed with brick and Director Polerecky answered yes. City Administrator Morefield stated the door on the south side that opens into the park was a Fire Code requirement and therefore is it correct to assume a certificate of occupancy would not be issued until the door is installed and Director Polerecky answered yes. Alderman Santi clarified that he had concerns about the front renovations however he was willing to agree to the door on the south side, handicapped accessibility improvements at this time with the patio considered at a later date. Mayor Jett stated he had no issues with the design for the front of the building. Alderman Condon said she did not understand why the Council would allow a door, and ramp into the park, but no improvements and outdoor seating and suggested the Council approve the entire plan now. The financial aspects of the project are the responsibility of the applicant. Alderman Santi restated his focus to see significant work completed to the interior of the building prior to improvements to the exterior and asked if the applicant was permitted to continue working on the interior of the building and Director Polerecky answered yes, he has been. Addressing Alderman Santi, Mr. Kearns stated that he had comedians booked starting June 2 and throughout the summer who are flying in from Los Angeles and New York. He wants the building to open in a way that makes sense so that there is a nice area on the street. The project is privately funded so it is taking a bit longer. Mr. Kearns said he is doing the best he can and wants the business to open soon so he can begin to earn back the money he invested. Mr. Kearns then suggested the discussion was not changing anybody's mind and urged the Council to end the discussion and vote on the project. Alderman Schaefer referred to the drawing on page 90 of the packet showing the south Regular City Council Meeting Page 6 April 2, 2018 side of the building and asked Director Polerecky if the area in black was a railing and where would a person access the door. Mr. Kearns stated the original proposal that went before the Planning and Zoning Commission was to serve liquor in the park and a railing was proposed around the area. However, that has been changed and the patio pushed back utilizing less space in the park. Alderman Schaefer asked if there was a current drawing in the packet. Mr. Kearns stated the current drawing that is not included in the packet shows a path connecting to the other path in brick; the drawing in the packet is the original design and has been changed. Director Martin stated the architectural drawing of just the interior is included in the packet. Alderman Schaefer stated he was trying to determine where the door would be on the building. Mr. Kearns said the bump out is at the door with a path connecting to the other path and the fence in the park was eliminated. Alderman Schaefer asked if staff had reviewed the new drawings with the path on the south side and Director Martin answered that he was not certain if they had. Alderman Glab asked staff if nothing else were done, how Mr. Kearns would provide handicapped accessibility to the building. Director Polerecky answered a ramp would have to be installed in the front. A discussion ensued on where the property line was in front of the building and if Council approval would be required to install a handicapped accessibility ramp. Attorney McArdle stated that it was not unusual to accommodate ADA in public right-of-way in tight areas throughout towns and should be coordinated between the city and applicant. Alderman Glab said more than any other item, this should be determined this evening. Alderman Glab said since the building is 7,200 square feet he does not understand why the applicant wants to use city property to expand the business. Alderwoman Condon stated from her perspective, she understood McHenry to be a community that was responsive to redeveloping our downtown area to attract visitors to town. The Council is responsible to get the best quality of product they can to town however there have been past discussions about outdoor seating downtown and she wants to help local businesses. Alderwoman Condon made a motion, second by Alderman Devine 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 1252-1254 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 and including the sidewalk in the front of the building ADA accessible. Regular City Council Meeting Page 7 April 2, 2018 Voting Aye: Voting Nay: Absent: Motion failed. Condon, Devine Curry, Glab, Mihevc, Santi, Schaefer None 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). Director Martin provided the Council with a summary of the request. Motion by Alderman Schaefer, second by Santi 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. Voting Aye: Schaefer, Santi, Mihevc, Glab, Devine, Curry, Condon Voting Nay: None Absent: None Motion carried. D. Motion to adopt an Ordinance granting a Conditional Use Permit to allow aDrive-In Establishment and Outdoor Seating for a new Starbucks location at 4305 W. Elm Street. Director Martin provided the Council with a summary of the request. Alderman Glab expressed his reservations about westbound traffic making a left turn across Route 120 to enter the drive -through. Director Martin reported that he required the applicant to perform a traffic study, which concluded the drive -through would accommodate the traffic conditions at the site. Alderman Curry stated concerns about making a left turn to enter the property are valid and asked if approval from IDOT was required and Director Martin stated no, if the entrance/exit is not altered, IDOT usually does not get involved. Director Martin added the site was a difficult and challenging project. It was not financially feasible to go to the light and it would encroach city property. The entrance/exit would not be altered. West and northbound traffic in the evening poses a challenge, which is why the traffic study was required. The study and recommendations were included in the packet. Alderman Curry asked Chief Birk if it was against the law to stop in the crosshatched section of the roadway between the north and southbound lanes while waiting to make a left turn and Chief Birk concurred that the center lane is not wide enough to accommodate vehicles waiting to turn. Therefore, Alderman Curry concluded that cars Regular City Council Meeting Page 8 April 2, 2018 would have to drive through the light and stop in the middle of the westbound lane and wait to make the turn. Alderman Curry asked if the Council moved forward with this project and an issue arises, does the city have any recourse and Director Martin said another business could locate in that area without the need to come to Council and their customers would make turns in and out of the business. This matter is before the Council because of the drive - through lane only. Alderman Glab asked Chief Birk if this site becomes a traffic problem could the city ask IDOT to prohibit a left turn into the business. Chief Birk stated he is not aware of IDOT enforcing a no left turn from the roadway onto a private drive, but they can enforce left turns out of a private driveway or at intersections. Chief Birk suggested asking IDOT to consider shortening the turn lane to open up the middle median and make it a bit longer Alderman Schaefer made a motion, seconded by Alderman Santi 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. Voting Aye: Schaefer, Santi, Mihevc, Devine, Curry, Condon Voting Nay: Glab Motion carried. DISCUSSION ONLY ITEMS A. Meyer Material Company's Request for extension of its business of gravel excavation and processing. Mayor Jett announced that Randi Willi, Attorney Mark Saladin, and other representatives of Meyer Material Company were present and invited the Council to ask questions or make comments. Alderman Santi stated he sent comments to City Administrator Morefield expressing his concern about the proposed annexation agreement extension. He had attended the Planning and Zoning Commission and listened to city resident express their concerns. Alderman Santi stated he would like the issues of noise and hours of operation to be discussed with an agreement suitable for both parties. He would like a letter of credit instead of bonds to guarantee reclamation of the site. He would like berms 12 feet or higher with wooden fencing on the berms, a noise monitoring system and monthly mining reports. If an agreement cannot be reached, Alderman Santi suggested offering a one-year extension with a noise and dust system in place. Regular City Council Meeting Page 9 April 2, 2018 Alderman Glab asked now McHenry compared to other municipalities for the price per on fee. City Administrator Morefield answered the following information was included in the packet: Meyer -Algonquin is 3.4 cents/ton; Meyer County south of Marengo none; Meyer South Elgin none; Thelen/Lakemoor, 10 cents/ton; Consolidated Harvard, 6 cents with a one cent increase every 5 years; all pits annexed to Marengo, 5 cents; Meyer Harvard, 6 cents with a one cent increase every 5 years; McHenry County, none; and, City of McHenry 6 cents/ton. Mr. Wille added the Harvard pit fee increases one cent every 5 years. Alderman Glab asked Mr. Wille to expand on the health and environmental comments made earlier in Public Input and, what had been done in the past by Meyer. Mr. Wille stated Meyer submitted to the Planning and Zoning Commission the data that had been used in previous annexation negotiations such as volumetric sampling at Valley View School, The Miller family in 1988 performed dust to noise sampling on the perimeter. All operations were permitted by the IEPA. The operation of the equipment is an air pollution control along with a water pollution control permit that allows Meyer to recycle all wash water returning it back into their pots in a closed -loop system. They also have with the IDNR a series of permits to open sections of land as part of the Surface Mine and Land Conservation and Reclamation Act. For every piece of land that is permitted by the state, Meyer posts a bond; currently there are approximately nine or 10 open permits and total bonds for all of those permits combined is $943,000. They are evergreen bonded giving the obligee the power to release only when the terms of the plans are met, which were filed with the city long ago. The IDNR inspects Meyer a couple of times per year to ensure compliance with the permit as the plan depicts. Alderman Glab noted that this is a long involved process with many inspections and Mr. Wille concurred. Alderman Glab suggested the city receive copies of the bonds and inspections, and Mr. Wille said he would provide copies to the city. Alderman Schaefer said he also shared his comments with City Administrator Morefield and stated he would support a four or five year agreement term and increased tonnage fees; he would like more information stating if the $943,000 restoration bond is enough in today's terms. Mr. Wille stated they also have three $100,000 bonds with the city for a total of $1.243M in bonds. The $943,000 bonds are issued to the State of Illinois. Alderman Schaefer stated the noise and dust issues have been the most vocal concerns expressed by residents in the area. Meyer has addressed the noise from trucks backing up. Improvements that can be made to the asphalt operations at the pit even if they are not Meyer's have to be discussed. Alderman Schaefer stated regarding the noise and dust, if we were going to make this a partnership than we have to establish deterrents or fines for violations similar to liquor license violations. Alderman Curry stated his comments were distributed to the Council and Mr. Wille. His Regular City Council Meeting Page 10 April 2, 2018 statement incorporates concerns expressed to him by residents over the past two years. His list contains issues and possible solutions. Alderman Curry agrees the term should be shortened to four or five years. As the north side is not expiring, it should not be considered at this time. A four-year extension for the south side would sync the north and south and Meyer can return to the city again and request at that time a 10-year extension. Alderman Curry further stated in his opinion, the biggest problem with noise is waking people up early in the morning and it does not matter if it comes from the asphalt plant or the pit. The asphalt company would not have to have a backup alarm if they hired flaggers. The changes to the backup alarms in general do not really get into outside equipment so Alderman Curry suggested there is enough property to have trucks drive in and staged in a manner that they never have to backup. Alderman Curry asked for noise testing to be done at the pit at the site of the nearest residentially zoned property regardless if it is in the city limits. Regarding dust, it does not appear there is a standard protocol for dust. In most of the prior annexation agreements and ordinances, it calls for all processing equipment to be enclosed in buildings and it is not being done except for possibly in the washhouse. Mr. Ville stated originally, the processing center was located on the east portion of the property in the industrial zoned property where Curran's plant is located. They were allowed to wash 24-hours a day. Apparently, there was some noise coming from that wash plant in the night that bothered the neighbors and Meyer was asked to enclose the wash plant. The second phase of the mine, the processing center was moved to the west end of the property where it is today. In doing so, they bought a new wash plant, which was quieter and not used 24-hours a day because the plant was producing quicker and more efficiently. Alderman Curry told Mr. Wille that the annexation agreement states that all processing equipment shall be enclosed. Alderman Curry noted the amount of dust residents are forced to deal with in their homesI pools, etc. However, on Meyer's website, he read information on employee hygiene test that show allowable employee hazard exposure limits within the permissible exposure limits established for total dust and silica, which was a big concern. This is good news for employees with some comfort knowing the dust is not hazardous. Alderman Curry stated he still thinks air quality testing should be performed. Other issues brought up by Alderman Curry included the stormwater on Parcel A; reclamation plan should be updated and a letter of credit issued to the city by Meyer for an amount equal to the cost of final reclamation, rather than bonds. Continue the requirement for the berms; improve the fencing along the school property line, improve the complaint process through the city; and inspect trucks prior to leaving to ensure loose materials do not fly off and cause property damage or injury. The fees should be Regular City Council Meeting Page 11 April 2, 2018 increased substantially and a penalty schedule should be created and should increase with each subsequent violation. Alderman Mihevc agreed with the comments made by the Council and added a few items of importance to him. A four-year term for the agreement with negotiations at the end of the four years to a 10-year term. An updated reclamation plan and a determination as to the true cost of reclamation along with a letter of credit for the full amount of reclamation. The noise mitigation steps mentioned by the Council are important and establishment of a penalty system with fines for violations. Alderman Devine said he had concerns about how complaints were handled in the past and how this will change in the future. Residents have to live every day near the pit and everyone involved needs to figure out how to work through these issues and ensure the city is aware of all complaints and issues. The reclamation plan should be updated and a shorter agreement term should be considered. Alderwoman Condon stated the monthly reporting, height of the berms were important considerations and added white noise and backup alarms issues that had been resolved between Meyer and the city attorney were favorable to her, A discussion ensued on the feasibility of creating a path so that all trucks did not have to backup. Alderwoman Condon also suggested the fee schedule be amended to $.07, $.08, and $0.10/pound charged in five-year increments. Alderwoman Condon asked staff is District 15, which includes Valley View School, was notified of the hearing and Director Martin answered yes. Alderwoman Condon asked if any complaints or comments were submitted to the city by District 15 and Director Martin answered no. Alderwoman Condon stated she was in favor of penalties for repeated violations and appreciated Meyer's statement about responding to residents' complaints and urged Meyer to contact city staff when any complaint is expressed directly to Meyer. Regarding Alderwoman Condon's suggestion to update the reclamation plan, Mr. Wille stated the plan was approved by the City of McHenry, it is on file with the State of Illinois, and the state is monitoring their progress. He asked if the question is regarding the value of the bonding or the design of the site. Alderwoman Condon answered the value of the bonding is her concern. Alderman Glab referred to the fencing on top of the berm and said he did not want to see it fall into disrepair and become useless like the Austrian Pines. Mayor Jett offered the floor to Attorney Mark Saladin, Zanck, Cohen, Wright and Saladin representing Meyer Material Co. Attorney Saladin stated one concern they have had moving through the process is that this is a business entity that has been part of the Regular City Council Meeting Page 12 April 2, 2018 community over 40 years. This is a business entity that has produced jobs throughout the city, produced infrastructure and built roads, homes, and schools with its products and the reality is that McHenry County is rich in this resource. They realize mining must be done in a reasonable and responsible manner. There are a number of layers of different ordinances and state laws that come into play that they will continue to abide by. Meyer did received a 5-1 recommendation from the Planning and Zoning Commission to move this matter forward. Regarding the fee structure, we have an industry that pays an annual fee unlike any other and rightfully so. In Attorney Saladin's opinion, the dilemma is that we have seven Aldermen and a Mayor with seven different opinions for which a consensus must be made at some point in the next few weeks in time for the public hearing on April 16. Mr. Wille is willing to discuss some items brought up tonight however reaching a reasonable agreement is what is needed. One of the memorandums included in the packet indicated that if we cannot reasonably address these concerns, the city would not ratify continuing the operations. Attorney Saladin emphasized that in his opinion, state law supports the fact that the conditional use in this instance is tantamount to a principal use at this point and that there are some vested rights on behalf of the petitioner as well and asked everyone to work towards a reasonable agreement. Mr. Wille stepped up to the podium to address comments made about the reclamation pIan. From a financial standpoint, someone would have to be hired to calculate how much outstanding viability there is. He stated he would prefer they maintain the $300,000 in bonds rather than obtain a Letter of Credit however, he would consider issuing an additional bond. Meyer would have to review the proposed increase in fees. Regarding air and noise; Mr. Wille informed the Council that today they began stripping the area along Glacier Ridge Subdivision to naturally increase the height of the berms, which by ordinance are to be maintained at a minimum of 104eet however the topography ungulates a bit and he would like to be able to keep the berms at 12 or 13 feet high. Regarding the complaint system, Mr. Wille said he would welcome something that is fair and orderly so that everyone knows where everyone stands. As for times of operation, Meyer would prefer to extend the duration of their permit for as long as possible because the restoration process for what has been done will take more than five years to complete. Mr. Wille said he previously told Mrs. Nadar that he could move the crushing system away from Glacier Ridge residents however; the timeline is longer than four years. Mr. Wille said he performed some self -sampling and found the loading to be inaudible at the Glacier Ridge property line near Chickaloon Drive. He will resample a few more times. Regarding field operations, they need to begin at 6:00 AM and will not reverse the conveyor belts to take water off before 6000 M. On Saturdays, they would consider starting later. Regular City Council Meeting Page 13 April 2, 2018 Mr. Wille stated that the operation is governed by an air pollution control permit issued by the State of Illinois. They have operating standards and are required to complete an air emissions report for the state. The roadways around the conveyor belts and stockpiles are where they aim to control the dust. If they are out stripping a piece of land on windy days, they will find something else to do that day. City Attorney McArdle asked Mr. Wille to provide the city with copies of the air pollution reports for review by the city engineer. Alderman Curry said the testing should be repeated at the property lines and particularly around Burning Tree Subdivision where the biggest dust problems occur. Mr. Wille stated there is a federal standard for a 24-hour period. Increasing the height of the berms and getting areas completed that are still open along Burning Tree Subdivision in his opinion should be a higher priority. Attorney McArdle asked the Council if this is what they would like to see done to ease the amount of dust in Burning Tree Subdivision and Alderwoman Condon asked if this had been performed previously. Tony Genitis, Meyers' Operations Manager for the Greater Chicagoland Area Meyer addressed the Council regarding Alderman Curry's comments about the MSHA regulations they are subject to follow. Two random inspections are conducted at Meyer each year to inspect all aspects of employee safety that includes asbestos exposure to dust and found employees to be under the minimum limits. The reports are available online and will be forwarded to the city. Doug Evercamp, Meyer Plant Manager addressed the Council and said that the reports are made public as reviewed by Alderman Curry. They have had no violations on the site since July 2015, which is how long he has worked in McHenry. In that time, he received one complaint about dust along the stripping area on a windy day and one noise complaint on a Saturday morning. He added the field near where the dust is most prevalent is agriculture. The silver dust referred to by residents of Burning Tree does not come from stone, as the sand is brown and suggested it could be a result of the farm field. Mr. Evercamp stated that Meyer also attends lakannual certification for what is known as smoke -school, and at each mine, at least two employees are certified in opacity reads. These employees are trained to know if a cloud generated is above or below the thresholds of the state permit. Alderwoman Condon said she would appreciate it if Meyer could present those reports on an ongoing basis, as it would be useful information and suggested bi-annual testing around Valley View School be conducted. Mr. Wille said it would take some coordination and he would have to determine the cost before he could agree. Alderman Santi asked for the hours of operation on Monday through Friday and Mr. Regular City Council Meeting Page 14 April 2, 2018 Wille said anything on the conveyor belt line and the crushing begins at 6:00 AM with relief on Saturdays. Loading and maintenance begins at 5:00 AM. Alderman Curry stated since they must load at 5:00 AM, trucks that are then entering the pit prior to 5:00 AM and suggested they load the trucks the night before. Mr. Genitis said they could and do as often as practical however, there are federal mandated rules on truck driver's hours of service and the number of sequential hours they are able to operate safely a truck before rest periods are required. Most drivers tap out on their hours by the end of their shift. To circle back and get an extra load would cut into their ability to earn wages as they are paid by the load. Mayor Jett asked where the trucks comes from and Mr. Genitis said it varies as they have relationships with approximately 100 haulers throughout the state and others are customer -contracted haulers. Attorney McArdle recommended that Meyer take the draft of the agreement and submit responses to everything that was said to the city as soon as possible as time is limited. STAFF REPORTS None. MAYOR AND CITY COUNCIL COMMENTS Mayor Jett congratulated the McHenry Police Department for achieving their fifth CALEA accreditation. Alderman Schaefer stated he did not want Mr. Kearns to feel that he is battling the City Council and asked staff to relay to him that he needs to organize the details of his request. Alderman Santi said he would like to walk through the business. Director Polerecky said he and Director Martin would reach out to Mr. Kearns. A discussion ensued on whether this matter could return to the Council without going through Planning and Zoning again. EXECUTIVE SESSION Motion by Alderman Santi, second by Alderman Glab to enter into Executive Session for the purchase or lease of real property for the use of the public body, 5 ILCS 120/2(c)(5). Voting Aye: Santi, Glab, Schaefer, Devine, Curry, Mihevc, Condon. Voting Nay: None. Absent: None. Motion Carried. Regular City Council Meeting Page 15 April 2, 2018 The Council entered Executive Session at 9:50 PM. Motion by Alderwoman Condon, second by Alderman Schaefer to adjourn Executive Session. Council reconvened Open Session at 10:11 AM. ADJOURNMENT Motion by Alderwoman Condon, second by Alderman Schaefer to adjourn the meeting. Voting Aye: Condon, Schaefer, Curry, Devine, Glab, Mihevc, Santi. Voting Nay: None Absent: None. Motion Carried. The meeting adjourned at 10:11 PM. Mayor Deputy City Clerk McHenry, IL Vendor Name Payable Number Vendor: 5 STAR SPORTS ACADEMY INC 5 STAR SPORTS ACADEMY INC MPDW22018 Vendor: AGUIRRE, LAYLA AGUIRRE, LAYLA P105131 Vendor: BARBARA ICNUTSON BARBARA KNUTSON CK 517765 RE Vendor: BARTA, RON BARTA,RON INV0005648 Vendor: BARTER &WOODMAN BAXTER & WOODMAN 198212 Vendor: BIRI(, ADRIANA BIRK, ADRIANA INV0005649 BIRK, ADRIANA INV0005650 Vendor: BRANIFF COMMUNICATIONS INC BRANIFF COMMUNICATIONS 31499 Vendor:BUFFALO WILD WINGS BUFFALO WILD WINGS INV0005651 Vendor: BURRAFATO, SAM BURRAFATO,SAM INV0005652 Vendor: CABAY &COMPANY INC CABAY &COMPANY INC 58935 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 192244 CENTEGRA OCCUPATIONAL 207550 CENTEGRA OCCUPATIONAL 207600 Vendor: CHRISTOPHER, DAVID CHRISTOPHER, DAVID INV0005653 Vendor: CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC 355 INV0005676 CINTAS CORPORATION LOC 355 I1vV0005676 CINTAS CORPORATION LOC 355 INV0005677 Vendor: COMED COM ED INV0005654 COMED INV0005654 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0005655 Post Date Description (Item) Account Number Amount 04/16/2018 WINTER2SESSPGM 100-47-5110 225.00 Vendor 5 STAR SPORTS ACADEMY INC Total: 225.00 04/16/2018 TI<T OVERPYMT 100-2200 25.00 Vendor AGUIRRE, LAYLA Total: 25.00 04/09/2018 WS REFUND 906OAI<WOOD 510-2200 28.50 Vendor BARBARA KNUTSON Total: 28.50 04/16/2018 UNIFORM REIMB 100-33-4510 450.00 Vendor BARTA, RON Total: 450.00 04/16/2018 COURT/RIVERSIDE PLOT/LTG 400-00-8200 8,927.61 Vendor BAXTER & WOODMAN Total: 8,927.61 04/16/2018 MEAL RIEMB 100-22-5420 66.31 04/16/2018 M EAL RE I M B 100-22-5420 66.31 Vendor BIRK, ADRIANA Total: 132.62 04/16/2018 LABOR-BUCKETTR 220-00-5375 5,520.00 Vendor BRANIFF COMMUNICATIONS INCTotal: 5,520.00 04/16/2018 OVERPY LIQ LIC 100-2200 38.00 Vendor BUFFALO WILD WINGS Total: 38.00 04/16/2018 UNIFORM REIMB 100-33-4510 356,32 Vendor BURRAFATO, SAM Total: 356.32 04/16/2018 SUPP REC CTR 400-00-6111 82.95 Vendor CABAY & COMPANY INC Total: 82.95 04/16/2018 MIHEVC 610-00-6940 60.00 04/16/2018 TAYLOR 100-01-5110 35.00 04/16/2018 WALSH 100-01-5110 35.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 130.00 04/16/2018 UNIFORM REIMB 100-33-4510 310,55 Vendor CHRISTOPHER, DAVID Total: 310.55 04/16/2018 MAT/SUPP 100-33-4510 216.70 04/16/2018 MAT/SUPP 100-33-6110 206,85 04/16/2018 MAT/SUPP 510-32-4510 584.48 Vendor CINTAS CORPORATION LOC 355 Total: 1,008.03 04/16/2018 UTI L 510-31-5510 11580,78 04/16/2018 UTI L 510-32-5510 2,217.49 Vendor COMED Total: 3,798.27 04/16/2018 UTIL 100-33-5520 21,860.98 4/11/2016 6:36:35 Alh Expense Approval Register Packet: APPKT01128 - 44648 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount CONSTELLATION NEWENERGY INV0005655 04/16/2018 UTIL 100-33-5520 11375,67 CONSTELLATION NEWENERGY INV0005655 04/16/2018 UTIL 10042-5510 94.95 CONSTELLATION NEWENERGY INV0005655 04/16/2018 UTIL 10044-5510 32.96 CONSTELLATION NEWENERGY INV0005655 04/16/2018 UTIL 100-45-5510 386.14 CONSTELLATION NEWENERGY INV0005655 04/16/2018 UTIL 100-46-5510 25.85 Vendor CONSTELLATION NEWENERGY INC Total: 23,776.55 Vendor: CONWAY, JOSHUA CONWAY,JOSHUA INV0005656 04/16/2018 MEAL REIMB 100-22-5420 8.00 Vendor CONWAY, JOSHUA Total: 8.00 Vendor: COX, LAURA COX, LAURA INV0005657 04/09/2018 MEAL REIMB 100-23-5420 30.32 Vendor COX, LAURA Total: 30.32 Vendor: DENNIS LETNER DENNIS LETNER CK 517790 RE 04/16/2018 WS REF 302 WHITMORE TRL 510-2200 34.63 Vendor DENNIS LETNER Total: 34.63 Vendor: DICKMAN, ROBERT DICKMAN, ROBERT CK 517708 RE 04/16/2018 RE ISSUE ADDRESS CHG 510-2200 108.12 Vendor DICKMAN, ROBERT Total: 108.12 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 235106-IN 04/16/2018 EQUIPMENT PURCH 400-00-8300 22,545,00 DIRECT FITNESS SOLUTIONS 529922-IN 04/16/2018 EQUIP REP 400-40-5375 155.00 Vendor DIRECT FITNESS SOLUTIONS Total: 22,700.00 Vendor: EDESIGN CHICAGO EDESIGN CHICAGO 2015937 04/16/2018 SUMMER BROCHURE DESIGN 100-41-5330 731.25 Vendor EDESIGN CHICAGO Total: 731.25 Vendor: ELECTRONIC ENTRY SYSTEMS INC ELECTRONIC ENTRY SYSTEMS 2018/04741 04/16/2018 DOG PARK PASSES 100-41-6110 663.81 Vendor ELECTRONIC ENTRY SYSTEMS INC Total* 663.81 Vendor: FGM ARCHITECTS FGM ARCHITECTS 718-538 04/16/2018 CONC PLAN STUDY 100-22-8300 6,200.00 Vendor FGM ARCHITECTS Total: 6p200.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00162722 04/17/2018 MTHLY 225-00-5110 1,306.50 Vendor FOX VALLEY FIRE & SAFETY Total: 1,306.50 Vendor: GENDE, ROBERT GENDE, ROBERT 3/24-4/1 04/16/2018 BBALL 100-47-5110 100.00 Vendor GENDE, ROBERT Total: 100.00 Vendor: GESSERT, SCOTT GESSERT,SCOTT 3/24-4/1 04/16/2018 BBALL 100-47-5110 100.00 Vendor GESSERT, SCOTTTotal: 100.00 Vendor: GOPHER GOPHER 05-APR-18 04/16/2018 CONES, BAGS, BALLS 100-47-6110 478.35 Vendor GOPHER Total: 478.35 Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 184880 04/16/2018 STADIUM BLANKETS 100-47-6110 191.10 Vendor GREEN DOOR PROMOTIONS LLC Total: 191.10 Vendor: HELLER & HELLER CONSULTING INC HELLER & HELLER CONSULTING 522 04/16/2018 AQUATICS PRO FORMA 400-00-8200 4,389.00 Vendor HELLER & HELLER CONSULTING INC Total: 4,389.00 Vendor: HRGREEN HRGREEN 117553 04/16/2018 WATERMAIN 510-35-8500 11,126.40 HRGREEN 117554 04/16/2018 ELM ST LT 290-00-8900 1,425.00 HRGREEN 117890 04/16/2018 RINGWD RD RESF 270-00-8600 1,944.50 HRGREEN 19-117928 04/16/2018 ST PGM 270-00-8600 11686,69 HRGREEN 117551 04/17/2018 THE CHAPEL-RETPERS 740-00-5220 43.75 4/11/2018 8:36:35 AM Expense Approval Register Vendor Name HRGREEN Vendor: ILCMA ILCMA Payable Number 117549 wal Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 3/31 STMT Vendor: JENNIFER LAWRENCE JENNIFER LAWRENCE CK517753 Vendor: JONES TRAVEL & TOUR JONES TRAVEL & TOUR 106843 Vendor: LANGE, MICHAEL LANGE, MICHAEL INV0005658 Vendor: LES MILLS UNITED STATES TRADING INC LES MILLS UNITED STATES SIV572777 Vendor: LEXISNEXIS LEXISNEXIS Vendor: LORENZ, K LORENZ, K Vendor: MARINO, JAKE MARINO, JAKE 1236684-20180331 INV000S659 INV0005661 Vendor: MCCAFFERTY, BRITTANY MCCAFFERTY, BRITTANY INV0005660 Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156 MCHENRY COMMUNITY HIGH INV0005662 Vendor: MCHENRY COUNTY CONVENTION & MCHENRY COUNTY MCH018 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 3/22/18 ST MCHENRY COUNTY RECORDER INV0005674 MCHENRY COUNTY RECORDER INV0005674 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE INV0005663 Vendor: MEYER, JON MEYER, JON INV0005683 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 90243 MINUTEMAN PRESS OF MCH 90120 Post Date 04/09/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 04/16/2018 Packet: APPKT01128 - 44648 AP CKS Description (Item) Account Number Amount TWNH PR LK- RET PIERS 740-00-5220 875.00 Vendor HRGREEN Total: 17,101.34 RECR AD 100-01-5110 50100 Vendor ILCMA Total: 50.00 LIQ COMM 100-01-5110 300,00 Vendor ILLINOIS STATE POLICE Total: 300.00 WS REF 2051 CONCORD DR 510-2200 Vendor JENNIFER LAWRENCE Total: SHAMROCKS EVENT TROLLEY 200-00-5110 Vendor JONES TRAVEL & TOUR Total: UNIFORM REIMB 510-35-4510 Vendor LANGE, MICHAEL Total: APR LIC FEE 400-00-5110 Vendor LES MILLS UNITED STATES TRADING INC Total: 2.64 2.64 875.00 875.00 150.44 150A4 410.00 arfroLf MTH LY 100-22-5110 138.50 Vendor LEXISNEXIS Total: 138.50 MEAL REIMB 100-22-5420 8.00 Vendor LORENZ, K Total: 8.00 BOOT REIMB 100-03-4510 119.99 Vendor MARINO, JAKE Total: 119.99 SUPP REIMB 100-46-6110 20.38 Vendor MCCAFFERTY, BRITTANY Total: 20.38 WEST CAMPUS USE 100-46-5110 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total: FY18SUPPORT 200-00-5110 Vendor MCHENRY COUNTY CONVENTION & Total: 04/16/2018 REC FEES 100-01-6940 04/16/2018 REC FEES 510-31-6940 04/16/2018 REC FEES 510-32-6940 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 04/16/2018 3RD QTR DISPATCH REV SHARE 100-23-5110 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total: 04/16/2018 REG FEE 760-00-5410 Vendor MEYER, JON Total: 04/16/2018 SCIAME B CARDS 100-22-6210 04/09/2018 POLIDORI B CARDS 100-22-6210 Vendor MINUTEMAN PRESS OF MCH Total: 762.00 762.00 12,000.00 12,000.00 330.00 540.00 1/220400 2/090600 17,578,23 17,578.23 250.00 250.00 32.87 48.00 80.87 4/11/2018 8:36:35 AM Expense Approval Register Packet: APPKTO1128 - 44648 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: NABCO ENTRANCES, INC NABCO ENTRANCES, INC 90050442 04/16/2018 LBR REC CTR 400-00-5110 385.00 Vendor NABCO ENTRANCES, INC Total: 385.00 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC INV0005684 04/16/2018 PARTS 100-03-5370 328.94 NAPA AUTO PARTS MPEC INV000S684 04/16/2018 PARTS 100-22-5370 11041.99 NAPA AUTO PARTS MPEC INV0005684 04/16/2018 PARTS 100-33-5370 1/567678 NAPA AUTO PARTS MPEC INV0005684 04/16/2018 PARTS 100-45-5370 283.25 NAPA AUTO PARTS MPEC INV0005685 04/16/2018 PARTS 510-31-5370 8232 NAPA AUTO PARTS MPEC INV0005685 04/16/2018 PARTS 510-32-5370 137.19 NAPA AUTO PARTS MPEC INV0005685 04/16/2018 PARTS 510-35-5370 68.96 Vendor NAPA AUTO PARTS MPEC Total: 3,511.03 Vendor: NICOR GAS NICOR GAS INV0005664 04/16/2018 UTIL 10043-5510 106.11 NICOR GAS INV0005664 04/16/2018 UTIL 10045-5510 590.94 NICOR GAS INV0005664 04/16/2018 UTIL 100-46-5510 61.56 NICOR GAS INV0005664 04/16/2018 UTIL 400-00-5510 323.03 NICOR GAS' INV0005665 04/16/2018 UTIL 510-31-5510 1,494.54 NICOR GAS INV0005665 04/16/2018 UTIL 510-32-5510 21815,62 Vendor NICOR GAS Total: 51391.80 Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 105847 04/16/2018 LGL 100-01-5230 422.80 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 422.80 Vendor: PIERCE, JAMIE PIERCE, JAMIE INV0005666 04/16/2018 COSTUME REIMB 10046-6110 27.98 Vendor PIERCE, JAMIE Total: 27.98 Vendor: PINTER, MICHAEL PINTER, MICHAEL CK 517730 RE 04/16/2018 WS REF 4732 JOYCE LN 510-2200 116.84 Vendor PINTER, MICHAEL Total: 116.84 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 15226 04/16/2018 SHAMROCKS FOX 200-00-5110 21325.00 Vendor PITEL SEPTIC INC Total: 21325.00 Vendor: POLIDORI, PATRICK POLIDORI, PATRICK INV0005667 04/16/2018 REIMB SUPP 100-22-6210 54.94 Vendor POLIDORI, PATRICK Total: 54.94 Vendor: PRATHER, JAIMIE PRATHER,JAIMIE INV0005668 04/16/2018 UNIFORM REIMB 100-22-4510 39731 Vendor PRATHER, JAIMIE Total: 397.91 Vendor: ROSKE, ROBERT ROSKE, ROBERT INV0005669 04/16/2018 TRAVEL REIMB 100-22-5420 315,89 Vendor ROSKE, ROBERT Total: 315,89 Vendor: SCHALLER, NICOLE SCHALLER, NICOLE INV0005670 04/16/2018 SUPP REIMB 400-40-5110 33.87 Vendor SCHALLER, NICOLE Total: 33.87 Vendor: SCHECHTEL, KEVIN 1 SCHECHTEL, I(EVIN J INV0005671 04/16/2018 RET PERS ACCT 14165 740-00-6961 250.00 Vendor SCHECHTEL, KEVIN J Total: 250.00 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 4/2/18 STMT 04/16/2018 SVS 100-03-5110 4835 SEMROW JR, HARRY H 4/2/18 STMT 04/16/2018 SVS 100-22-5110 43835 Vendor SEMROW JR, HARRY H Total: 487.50 Vendor: SEXTON, ERIC M SEXTON, ERIC M INV0005672 04/16/2018 MEAL REIMB 100-22-5420 40.00 Vendor SEXTON, ERIC M Total: 40.00 Vendor: SHAW MEDIA SHAW MEDIA 104743/31ST 04/16/2018 PUBL 100-02-5330 47.66 4J11/2018 8:36:35 AM Expense Approval Register Vendor Name SHAW MEDIA Payable Number 10474 3/31 ST Post Date 04/16/2018 Description (Item) PUBL Packet: APPKT01128 - 44648 AP CKS Account Number Amount 400-00-5210 Vendor SHAW MEDIA Total: 596.00 643.66 Vendor: SIUE -OFFICE OF THE BURSAR SIUE -OFFICE OF THE BURSAR INV0005673 04/16/2018 SMALE - RENW 100-03-5410 20.00 Vendor SIUE - OFFICE OF THE BURSAR Total: 20.00 Vendor: STANLEY L KUBIAK STANLEY L KUBIAK CK 517736 RE 04/16/2018 WS REF 625 KRESSWOOD DR 510-2200 38.40 Vendor STANLEY L KUBIAK Total: 38.40 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 33SS16 04/16/2018 COPR 400-00-6210 818.14 Vendor STANS LPS MIDWEST Total: 818.14 Vendor: STAPLES BUSINESS CREDIT STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 100-01-6210 689.02 STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 100-03-6210 63.44 STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 100-22-6210 442.84 STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 100-30-6210 27.78 STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 100-33-6210 176.76 STAPLES BUSINESS CREDIT 1619243604 04/16/2018 SUPP 10041-6210 139.41 Vendor STAPLES BUSINESS CREDIT Total: 1,539.25 Vendor: STUCKWISCH, MARY STUCKWISCH, MARY CK517748 RE 04/16/2018 WS REFUND3711 PEBBLE 510-2200 2.64 Vendor STUCKWISCH, MARY Total: 2.64 Vendor: TRAVIS, DIANE TRAVIS, DIANE CK517759 04/16/2018 WS REFUND303 BROMLEY DR 510-2200 4.80 Vendor TRAVIS, DIANE Total: 4.80 Vendor: TREASURER, STATE OF ILLINOIS TREASURER, STATE OF ILLINOIS INV0005675 04/16/2018 SS CERT OF COMP 100-33-5430 10.00 Vendor TREASURER, STATE OF ILLINOIS Total: 10.00 Vendor: TYLER TECHNOLOGIES TYLERTECHNOLOGIES 025-218419 04/16/2018 ELECTTIMECLOCK 100-01-5110 31.25 TYLERTECHNOLOGIES 025-218742 04/16/2018 TIME CLOCK 100-01-5110 93.75 Vendor TYLER TECHNOLOGIES Total: 125.00 Vendor: UPS UPS 60X485128 04/16/2018 SHIP 100-04-5310 3.96 UPS 60X485128 04/16/2018 SHIP 100-22-5310 3.80 UPS 60X485128 04/16/2018 SHIP 100-30-5310 4.18 UPS 60X485138 04/16/2018 SHIP 100-04-5310 7.97 UPS 60X485138 04/16/2018 SHIP 100-22-5310 13.18 Vendor UPS Total: 33.09 Vendor: WINDY CITY LIGHTS WINDY CITY LIGHTS 3555 04/16/2018 SHAMROCK FOX 200-00-5110 375,00 Vendor WINDY CITY LIGHTS Total: 375.00 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV14342 04/16/2018 MTHLYEAP 100-01-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450.42 Grand Total: 151,608.83 4/11/2018 8:36;35 AfN Expense Approval Register Packet: APPKT01128 - 446-18 AP CKS Fund Summary fund 100 - GENERAL FUND 200-TOURISM FUND 220 -CIVIL DEFENSE FUND 225 -ALARM BOARD FUND 270- MOTOR FUEL TAX FUND 290-TIF FUND 400= RECREATION CENTER FUND 510- WATER/SEWER FUND 610- RISK MANAGEMENT FUND 740-RETAINED PERSONNEL ESCROW 760- POLICE PENSION FUND 4/11/2018 8:36:35 AM Grand Total: Expense Amount 61,651.40 15,575.00 5,520000 1/306050 3/631419 1,425.00 38,665460 22,355.39 60.00 1,168.75 250.00 151,608.83 =`� = Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 4-1&18 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ACE TOWING & RECOVERY ACE TOWING & RECOVERY FMM01250 04/16/2018 tow 100-33-5370 40.00 ACE TOWING & RECOVERY FMM01251 04/16/2018 tow 100-33-5370 45.00 ACE TOWING & RECOVERY FMM01252 04/16/2018 tow 510-35-SB70 45,00 Vendor ACE TOWING & RECOVERY Total: 130.00 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 819819 04/16/2018 Lift Gate 100-45-6270 31150,00 ADAMS ENTERPRISES INC, RA 819954 04/16/2018 lens 478 100-33-5370 4,00 ADAMS ENTERPRISES INC, RA 820109 04/16/2018 clevis 636 510-32-5370 26,50 Vendor ADAMS ENTERPRISES INC, R A Total: 3,180.50 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 347471 04/16/2018 tube repair aquatech 510-35-5370 43.75 ADAMS STEEL SERVICE INC 347585 04/16/2018 angle iron 441 100-33-5370 11.89 ADAMS STEEL SERVICE INC 347914 04/16/2018 469 100-33-5370 3144 ADAMS STEEL SERVICE INC 347974 04/16/2018 WIRE MESH #347974 100-33-6110 197.00 ADAMS STEEL SERVICE INC 348088 04/16/2018 tank oxygen 100-33-5370 32.52 ADAMS STEEL SERVICE INC 348100 04/16/2018 torch peices 100-33-5370 281.09 Vendor ADAMS STEEL SERVICE INC Total: 599.69 Vendor: AMERICAN HEATING & COOLING AMERICAN HEATING & 04031805 04/16/2018 Service Call - WTP #2 Rooftop 510-31-6110 218.00 Vendor AMERICAN HEATING & COOLING Total: 218.00 Vendor: AMERICAN WATER WORKS ASSN AMERICAN WATER WORKS WTRMP455 04/16/2018 ISAWWA Membership Renewal 510-31-5430 83.00 Vendor AMERICAN WATER WORKS ASSN Total: 83.00 Vendor: BARBATO, EMIL BARBATO, EMIL 226989 04/16/2018 mirror shop 100-33-5370 72.35 Vendor BARBATO, EMIL Total: 72.35 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0198211 04/16/2018 GIS - Inv#198211 510-31-5110 815.00 Vendor BA)(TER & WOODMAN Total: 81S.00 Vendor: BERKHEIMER CO INC, G W BERKHEIMER CO INC, G W 185456 04/16/2018 Venting,cap 100-45-6110 13.75 BERKHEIMER CO INC, G W 185457 04/16/2018 Venting,cap 100-45-6110 50.75 Vendor BERKHEIMER CO INC, G W Total: 64.50 Vendor: BURRIS EQUIPMENT COMPANY BURRIS EQUIPMENT COMPANY WL12651 04/16/2018 Generator 510-35-6110 1,049.00 Vendor BURRIS EQUIPMENT COMPANY Total: 1,049.00 Vendor: BUSS FORD SALES BUSS FORD SALES 5029686 04/16/2018 seal 226 100-03-5370 36.54 Vendor BUSS FORD SALES Total: 36.54 Vendor: CALEA CALEA INV27746 04/16/2018 CALEA ANNUAL FEE 100-22-5110 4,595.00 Vendor CALEA Total: 4,595.00 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC MGS7254 04/16/2018 QuoteJRKB499 620-00-6270 1,09&44 CDW GOVERNMENT INC MGT2262 04/16/2018 laptop mechanics 100-33-6110 83SA0 Vendor CDW GOVERNMENT INC Total: 1,931.84 Vendor: CENTURY SPRINGS CENTURY SPRINGS 034419 3/31 ST 04/16/2018 Lab Water 510-32-6110 17.00 a/11/201E R:53:57 AI�I Expense Approval Register Packet: APPKTO1129 - 446-18 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount CENTURY SPRINGS INV0005678 04/16/2018 Lab Water 510-32-6110 9100 Vendor CENTURY SPRINGS Total: 26.00 Vendor: CINTAS CINTAS 5009541309 04/16/2018 First Aid refill: Shop 100-45-5110 38,22 Vendor CINTAS Total: 38.22 Vendor: COLUMBIA PIPE & SUPPLY CO COLUMBIA PIPE & SUPPLY CO 2627798 04/16/2018 Fuseable Fittings - 510-31-6110 245,93 COLUMBIA PIPE & SUPPLY CO 2632799/2634290 04/16/2018 Fuseable Fittings - 510-31-6110 113.71 Vendor COLUMBIA PIPE & SUPPLY CO Total: 359.64 Vendor: CONSERV FS CONSERV FS 65049888 04/16/2018 Ice Melt/turface 10045-6110 130,35 Vendor CONSERV FS Total: 130.35 Vendor: COONEY COMPANY, FRANK COONEY COMPANY, FRANK 67679 04/16/2018 Chairs and table 67679 510-31-6210 540.00 COONEY COMPANY, FRANK 67679A 04/16/2018 Table and chairs 67679 100-33-6210 311.00 Vendor COONEY COMPANY, FRANK Total: 851.00 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO S504844786.002 04/16/2018 street lights-Centegra 100-33-6110 4/685475 CRESCENT ELECTRIC SUPPLY CO S5048447866004 04/16/2018 street lights-Centegra 100-33-6110 189A8 CRESCENT ELECTRIC SUPPLY CO S50486427.001 04/16/2018 Order S504864271 620-00-6270 21.45 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 41896.38 Vendor: CRITICAL REACH CRITICAL REACH 18-309 04/16/2018 Invoice 18-309 Law 620-00-5110 435.00 Vendor CRITICAL REACH Total: 43S.00 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 330757 04/16/2018 Order330757 620-00-6210 396.00 Vendor DOCUMENT IMAGING DIMENSIONS INCTotal: 396.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1080368 04/16/2018 2 meter Thickener wash water 510-32-5380 132.98 DREISILKER ELECTRIC MOTORS 1080513 04/16/2018 Replacement Huber Step 510-32-5380 21147,35 Vendor DREISILKER ELECTRIC MOTORS INCTotal: 2,280.33 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 3727 04/16/2018 DECAL REMOVAL 329 CANINE 100-22-5370 115.00 EBY GRAPHICS INC 4124 04/16/2018 REAR DOOR 312 GRAPHIC 100-22-5370 185.00 Vendor EBY GRAPHICS INC Total: 300.00 Vendor: ED'S AUTOMOTIVE/11M'S MUFFLER SHOP ED'S AUTOMOTIVE/JIM'S INV0005679 04/16/2018 inspection 406 100-33-5370 29.00 ED'S AUTO MOTIVE/JIM'S INV0005680 04/16/2018 inspection 161 100-45-5370 29.00 ED'S AUTOMOTIVE/11M'S INV0005681 04/16/2018 truck inspections 100-45-5370 58.00 ED'S AUTOMOTIVE/JIM'S INV0005682 04/16/2018 inspection 130 10045-5370 29.00 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 145.00 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 223298-1 04/16/2018 Lift 800 capacity rental 100-33-6115 720.00 Vendor ED'S RENTAL & SALES INCTotal: 720.00 Vendor: EJ EQUIPMENT EJ EQUIPMENT P10547 04/16/2018 parts 441 100-33-5370 1,959.51 E1 EQUIPMENT P10645 04/16/2018 parts 441 100-33-5370 21744.99 FJ EQUIPMENT P10653 04/16/2018 parts 441 100-33-5370 522.00 EJ EQUIPMENT P10813 04/16/2018 parts 441 100-33-5370 627.68 EJ EQUIPMENT P11039 04/16/2018 parts 441 100-33-5370 511.47 EJ EQUIPMENT P11099 04/16/2018 parts 441 100-33-5370 488.53 EJ EQUIPMENT P11244 04/16/2018 parts 441 100-33-5370 11604.40 Vendor EJ EQUIPMENTTotal: 81458.S8 Vendor: ELECTRONIC ENTRY SYSTEMS INC ELECTRONIC ENTRY SYSTEMS 2018 04741 04/16/2018 Dog Park cards 10041-6110 663.81 Vendor ELECTRONIC ENTRY SYSTEMS INCTotal: 663.81 4/11/2018 8:53:57 AM Expense Approval Register Packet: APPKTO1129 - 44648 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 718-536 04/16/2018 SQUAD CAR WASH 100-22-5370 29.95 Vendor FAST EDDIES CAR WASH Total: 29.95 Vendor: FASTENAL FASTENAL ILMCH260007 04/23/2018 threaded rod 636 510-32-5370 10.94 Vendor FASTENAL Total: 10.94 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 9667 04/16/2018 READY MIX #103250 100-33-6115 11172.00 Vendor FISCHER BROS FRESH Total: 11172.00 Vendor: GALLS LLC GALLS LLC 9471193 04/16/2018 UNIFORM ORDER -SHAFER 100-22-4510 127A9 GALLS LLC 9525859 04/16/2018 UNIFORM ORDER- 100-224510 507.97 GALLS LLC 9528695 04/16/2018 UNIFORMORDER-SHAFER 100-224510 304.99 GALLS LLC 9532748 04/16/2018 UNIFORM ORDER - 100-224510 308.56 GALLS LLC 9561786 04/16/2018 UNIFORMORDER- CLESEN 100-224510 171.99 GALLS LLC 9562086 04/16/2018 UNIFORM ORDER - PORTER 100-22-4510 47.29 GALLS LLC 9563645 04/16/2018 UNIFORM ORDER -VOELKER 100-22-4510 25.36 GALLS LLC 9576399 04/16/2018 POLICE PATCHES 100-22-6110 636.00 Vendor GALLS LLC Total: 21129.65 Vendor: HARM'S FARM HARM'S FARM 25392 04/16/2018 Summer hanging baskets 100-45-5110 4/440600 Vendor HARM'S FARM Total: 41440.00 Vendor: HAWKINS INC HAWKINS INC 4247029 04/16/2018 Ferric Chloride 510-32-6110 2,222.80 HAWKINS INC 424871 04/16/2018 Ferric Chloride 510-32-6110 3,463.20 Vendor HAWKINS INC Total: 5,686.00 Vendor: HYDRA -STOP LLC HYDRA -STOP LLC 33681 04/16/2018 8" Insta valve 510-35-6110 31857,11 Vendor HYDRA -STOP LLC Total: 3,857.11 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 1903702003475 04/16/2018 UPS -Replacement Batteries 510-32-6110 71.00 Vendor INTERSTATE ALL BATTERY CENTER Total: 71.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3009172007/3010042566 04/16/2018 drag linl<405 100-33-5370 43.13 INTERSTATE BILLING SERVICE 3010026930 04/16/2018 409 100-33-5370 18.20 INTERSTATE BILLING SERVICE 3010042561/3008866346 04/16/2018 409 100-33-5370 312.41 Vendor INTERSTATE BILLING SERVICE INC Total: 373.74 Vendor: JG UNIFORMS INC JG UNIFORMS INC 30865 04/16/2018 UNIFORM ORDER - K. DUCAK 100-22-6110 WAS JG UNIFORMS INC 30865A 04/16/2018 UNIFORM ORDER - K. DUCAK 100-224510 132.60 JG UNIFORMS INC 34581 04/16/2018 UNIFORM ORDER - SPOHN 100-22-4510 295.00 Vendor JIG UNIFORMS INCTotal: 525.05 Vendor: JIMS MCHENRY AUTO BODY JIMS MCHENRY AUTO BODY 6859 04/16/2018 REPAIR RIGHT REAR DOOR 312 100-22-5370 493.40 JIMS MCHENRY AUTO BODY 6860 04/16/2018 REPAIR LEFT REAR DOOR 312 100-22-5370 236.30 Vendor JIMS MCHENRY AUTO BODY Total: 729.70 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 6226368 04/16/2018 stock 100-33-5370 290.27 KIMBALL MIDWEST 6242039 04/16/2018 stock 100-33-5370 239.56 KIMBALL MIDWEST 6256842 04/16/2018 stock 100-33-5370 340.94 Vendor KIMBALL MIDWEST Total: 870.77 Vendor: KOMUNE-SANDERSON KOMLINE-SANDERSON 42038671 04/16/2018 Spring Plunger 510-32-5380 229.26 Vendor KOMLINE-SANDERSON Total: 229.26 Vendor: MARKS TREE SERVICE & SNOW PLOWING CORP MARKS TREE SERVICE & SNOW STSMH34 04/16/2018 Removal 100-33-6950 500.00 4/11/2018 8:53;57 AM Expense Approval Register Vendor Name Payable Number MARKS TREE SERVICE &SNOW STSMH37 MARKS TREE SERVICE & SNOW STSMH39 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 3212482 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 59186653 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 333113 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M22176 Vendor: MIDWEST METER INC MIDWEST METER INC 89268 MIDWEST METER INC 89382 MIDWEST METER INC 99661-IN Vendor: NETWORKFLEET INC NETWORKFLEET INC OSV000001367663 Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC NORTH EAST MULTI -REGIONAL 232766 NORTHEAST MULTI -REGIONAL 233255 NORTHEAST MULTI -REGIONAL 234121 Vendor: OTTER SALES &SERVICE INC OTTER SALES &SERVICE INC 1009679 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 894223 PDC LABORATORIES INC 894224 PDC LABORATORIES INC 894225 Vendor: PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC PETROCHOICE LLC Packet: APPKT01129 - 4-16-18 RELT INVOICE Post Date Description (Item) Account Number Amount 04/16/2018 Removal 100-33-6950 04/16/2018 Removal 100-33-6950 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total: 04/17/2018 SQUEEGEES 100-33-6110 Vendor MCCANN INDUSTRIES INC Total: 04/16/2018 Oil Containers 510-32-6110 Vendor MCMASTER-CARR SUPPLY CO Total: 04/16/2018 River Rd Lift -Replacement 510-32-5380 Vendor METROPOLITAN INDUSTRIES Total: 1,600.00 1,600.00 3,700.00 110.71 110.71 110.15 110.15 2,328.67 2,328.67 04/16/2018 hot patcher 100-33-5370 40.98 Vendor MIDWEST HOSE AND FITTINGS INC Total: 40.98 04/16/2018 1-M120Base,4-M25Bases,l4- 510-31-6110 704.15 04/16/2018 30-M25Retro,14- 510-31-5110 9,802.50 04J16/2018 (4)2"heads-(2)3"heads,(7)2"E- 510-31-5110 9/803450 Vendor MIDWEST METER INC Total: 20,310.15 04/16/2018 gps trucks 100-33-5320 29130 Vendor NETWORKFLEET INC Total: 291.30 04/16/2018 TRAINING - 100-22-5430 125.00 04/16/2018 TRAINING - 100-22-5430 50.00 04/16/2018 TRAINING - POLIDORI 100-22-5430 165.00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal: 340.00 04/16/2018 gaurd 154 100-45-5370 295.54 Vendor OTTER SALES &SERVICE INC Total: 295.54 04/16/2018 Total Nitrogen Sample 510-32-6110 60.00 04/16/2018 Total Nitrogen Sample 510-32-6110 60,00 04/16/2018 Total nitrogen sample 510-32-6110 60.00 Vendor PDC LABORATORIES INC Total: 180.00 10461019 04/16/2018 generator fuel sewer 510-32-5370 823.15 10477488 04/16/2018 Fuel 10477488 510-35-6250 586.62 10477514 04/16/2018 Fue110477514 510-32-6250 11107A2 10477518 04/16/2018 SQUAD CAR FUEL 100-22-6250 2,577.05 10485510 04/16/2018 Fuel Bill 100-03-6250 67.35 10485515 04/16/2018 SQUAD CAR FUEL 100-22-6250 1/988426 10491148 04/16/2018 SQUAD CAR FUEL 100-22-6250 17A4 10491152 04/16/2018 Fuel 10491152 510-35-6250 514.08 10491174 04/16/2018 Fuel Bill 100-03-6250 84.50 10491175 04/16/2018 Fuel 10491175 510-32-6250 468.80 10491176 04/16/2018 Fuel 10491176 510-31-6250 75.09 10491177 04/16/2018 Fuel 100-45-6250 64.33 10491178 04/16/2018 Fuel 10491178 100-33-6250 577.21 10491179/9838349 04/16/2018 SQUAD CAR FUEL 100-22-6250 11282,25 10499201 04/16/2018 fuel10499201 510-35-6250 244.30 10499222 04/16/2018 fuel 10499222 510-31-6250 106.88 10499223/10499224 04/16/2018 fuel 100-45-6250 300.73 10499224 04/16/2018 fuel 10499224 100-33-6250 748.59 10499225 04/16/2018 SQUAD CAR FUEL 100-22-6250 1,115.35 4/il/2018 S:S3:57 AM Expense Approval Register Vendor Name Payable Number Post Date Description (Item) PETROCHOICE LLC 10499221 04/17/2018 fuel 10499221 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 174157 04/16/2018 PARKING TICKETS PETTIBONE & CO, P F 174164 04/16/2018 UNIFORM ORDER - SEXTON PETTIBONE & CO, P F 174165 04/16/2018 UNIFORM ORDER - POPP PETTIBONE & CO, P F 174174 04/16/2018 UNIFORM ORDER - SEXTON PETTIBONE & CO, P F 174167 04/17/2018 TICKET WRITNG PAPER Vendor: RADICOM INC RADICOM INC 103988 04/16/2018 radio Vendor: REVCORE RADIATOR INC REVCORE RADIATOR INC 7096 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT 4818431 Vendor: SECTION 8 DOORS &HARDWARE INC SECTION 8 DOORS & 7225 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 336427 STANS LPS MIDWEST 336462 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 19744 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 073804 ULTRA STROBE 073870 Vendor: USA BLUEBOOK USA BLUEBOOK 523603 Vendor: WATER PRODUCTS -AURORA WATERPRODUCTS-AURORA 0279599 WATER PRODUCTS -AURORA 0279600 Vendor: WELCH BROS INC WELCH BROS INC 3003566 Packet: APPKT01129 - 44648 RECi INVOICE Account Number Amount 510-32-6250 Vendor PETROCHOICE LLC Total: 100-22-6210 100-22-4510 100-22-4510 100-22-4510 100-22-6210 Vendor PETTIBONE & CO, P F Total: 100-33-5370 Vendor RADICOM INC Total: 04/16/2018 45 100-45-5370 Vendor REVCORE RADIATOR INC Total: 04/16/2018 Chainsaw Parts 100-33-6950 Vendor RUSSO POWER EQUIPMENT Total: 04/16/2018 locks 100-33-6110 Vendor SECTION 8 DOORS & HARDWARE INC Total: 04/16/2018 Invoice 336427 - Fusemail 620-00-6110 04/16/2018 Invoice 336462- Cabling 620-00-6270 Vendor STANS LPS MIDWEST Total: 04/16/2018 CANINE TRAINING/FOOD 100-22-6310 Vendor TOPS IN DOG TRAINING CORP Total: 04/16/2018 REMOVE/INSTALL KEYBOARD 100-22-5370 04/16/2018 lights 100-33-5370 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 04/16/2018 PVC Fittings 510-32-6110 Vendor USA BLUEBOOKt Total: 04/16/2018 MJ fittings, sewer pipe, mission 510-35-6110 04/16/2018 MJ fittings, sewer pipe, mission 510-35-6110 Vendor WATER PRODUCTS - AURORA Total: 04/16/2018 24" RISERS AND CONCRETE 100-33-6110 Vendor WELCH BROS INCTotal: Grand Total: 542.94 13,292.04 1,179.50 312.95 287.90 37.00 55.95 1,873.30 520.54 520.54 636.60 636.60 39.08 50.00 207.20 395.35 602.55 400.97 400.97 75.00 247.80 322.80 361.82 361.82 1,852.26 276.00 2,128.26 381.00 381.00 100,917.36 4/11/2018 8:53;57 AM Expense Approval Register Packet: APPKT01129 - 44648 RECT INVOICE no Summary Fund Expense Amount 100- GENERAL FUND 53,13736 510 - WATER/SEWER FUND 45,228,56 620- INFORMATION TECHNOLOGY FUND 2,551.44 Grand Total: _ 100,917.36 4/11/2018 8:53:57 AM Wayne Jett, Jr. Mayor City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: McHenry City Council FROM: Wayne Jett, Jr., Mayor FOR: April 16, 2018 Regular City Council meeting RE: Request to Transfer the Class A-21 Liquor License from Plum Garden Restaurant, Inc. d/b/a Plum Garden Restaurant, to Plum Garden LLC d/b/a Plum Garden Restaurant located at 3017 W. Main Street effective May 1, 20180 ATT: Letter of Request &Application Agenda Item Summary: Mr. Jason Moy President of Plum Garden LLC d/b/a Plum Garden submitted an application to take over the Class A-21 liquor license for the business located at 3917 West Main Street. Background: The Class A liquor license permits the retail sale of alcoholic beverages for consumption on premises and retail sale of packaged liquors. Mr. Moy has purchased Plum Garden Restaurant from his father and will take over operations of the business effective May 1, 2018. Analysis: All required paperwork was submitted, fees paid, the applicant met with Mayor Jett and was successfully fingerprinted by McHenry Police. Recommendation: If Council concurs, then it is recommended a motion be considered to grant a Class A liquor license to Plum Garden LLC d/b/a Plum Garden Restaurant located at 3917 W. Main Street effective May 1, 2018. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a ctrstonter-oriented, efficient, and fiscally responsible manner. Plum Garden LLC Liquor License Class "A" Application for City of McHenry Jason Moy- Owner Letter to Mayor Jett and The McHenry City Council Background "52 years in the McHenry Community" My Grandmother, Connie Moy, had a dream. Her dream had always been to one day become a part of a community she believed in. A community that she could dedicate her life to serving and to helping prosper. In 1965, Connie Moy accomplished her dream by opening the Plum Garden Restaurant at 3917 Main Street in the city of McHenry. My Grandmother believed in family, business and community. She taught her children and grandchildren to be good family members, great business people and even better parts of their community. My father, Perry Moy, continued Connie's tradition by taking over the Plum Garden Restaurant in the 1970's and continued to grow our family, the Plum Garden business and our participation and activity in the McHenry Community. In 2013 I began to officially manage and operate the Plum Garden Restaurant. Since I was a boy, my father Perry had been teaching me the time honored family recipes passed down from generation to generation, as well as the invaluable lessons of hard work and commitment to one's community. During my time as the General Manager and Executive Chef of Plum Garden Restaurant, we have doubled in size, increased our sales and we have continued to support our McHenry Community. 52 years since my grandmother Connie started the Plum Garden Restaurant, we are still here happily running a business in the McHenry community and more importantly, continuing to support our community in every way we can. Request for Class "A" Liquor License "Continuing to Serve the McHenry Community" It has always been my dream to continue the tradition that my grandmother began back in 1965. After a lifetime of learning the business and gaining valuable real world experience of cooking, managing, and operating Plum Garden Restaurant, I am asking for the City of McHenry to approve my application for a Class "A" Liquor License. I will be buying the Plum Garden Restaurant business and I incredibly excited for the opportunity to continue to serve the McHenry Community for another 52 years and beyond and to keep Plum Garden Restaurant as the anchor of Main Street. Community Involvement Plum Garden Restaurant has always donated and served the McHenry Community since 1965. Since 2013, under my guidance and direction, Plum Garden Restaurant proudly donates over $10,000 dollars a year with a combination of gift card, events and other donations. We have always been honored to be part of the McHenry Community and we will always support any organization or person in need. ��, 0 CITY OF MCHENRY License No. APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued � � � ® UNDER Date Received a ��)) CITY OF MCHENRY LIQUOR CONTROL Date Effective � '6 ORDINANCE Receipt Issued On ® 8 FISCAL YEAR 2018l2019 TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert. Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINES/S�, ADDRESS, 1 2. 3. 4. 5. 6. 7 L•'' 9. EMAIL.: _� _ �/ G�rd� LZ Please indicate form of ownership: CORPORATION ,_,PARTNERSHIP INDIVIDUALlSOLE PROP. IF CORPORATION: Corporation Name: _ Corporate Address: Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: � �i Corporate Phone Number: EMAIL: State of Incorporation: IF INDIVIDUALlSOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: �� Home Phone: Business Phone: EMAIL: Citizen of U.S.? If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: �d� ��v� 13�1 2018 PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: Place of Birth: 11 Principal Type of Business: ��'��U�� � 12. What is current zoning for this property? (juM1Ah'� rc�' �/� �S"�t vi �`� 13. Type of License Sought: � (�'"7 �S �'f � � � � c� /� 14. Date on which business was or will begin at this location: Citizen of U.S.? 15. Does applicant own premises for which licerise is sought? lu� If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). �(4� 19. Illinois State Liquor License Number I �� 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: N 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. 23. 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: ��'r1�� a- � 25. Are you familiar with all the laws of the United liquor; and will you abide by them? e(C��'��i� �� lr�n State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic 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? �PS 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? �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? ¢al O 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 the local 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: 2018 PAGE THREE 31. Is any individual who is directly or indirectly interested in applicant's place ofusiness, a law -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? � If so, please state name and address of such person: 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)? � 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? 35. Will you and all your employees refuse tb serve or sell alcoholic liquor to an intoxicated person or to a minor? �� � 36. Have you, or an partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? �� 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquorsales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle orglassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance ortumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conductor excessive noise constituting a nuisance ortumultuous conduct of patrons and/or employees on the licensed premises. 2018 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers 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 Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this NOTARY PUBLIC CORPORATION: ��f �- (Authorized Agent of the Corporation) Signature ,� ���T�" J�s�� ���� Print Name '�� �e� �7 Title �r�r� of <«��rs �(�l/f2�C�� /u��' J MANAGER: Signature of Local Manager Print Name 20 day of , 20 OFFICIAL SEAL EDUARDO ZEPEDA NOTARI' PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES:10!07/18 Subscribed and sworn to before me this Subscribed and sworn to before me this day of , 20 2018 NOTARY PUBLIC 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 AGENDA SUPPLEMENT DATE: April 16, 2018 TO: McHenry City Council FROM: Wayne Jett Jr., Mayor RE Liquor License Annual Renewal ATT: FY 2018/19 List of Liquor Licenses Ordinance amending Municipal Code Chapter 4, Sections 4-6(6) and 4-6(7) Agenda Item Summary: Annual Renewal of City of McHenry Liquor Licenses effective May 11 2018 through April 30, 2019. Background: Pursuant to Chapter 4 of the City of McHenry Municipal Code, owners of establishments serving and/or selling alcoholic beverages located in the city limits shall annually renew their liquor licenses prior to the end of the current fiscal year or April 30, 2018. Analysis: Attached is a list of all liquor licenses issued by the city that are presented for renewal. All required paperwork was submitted, fees paid, and McHenry Police fingerprinted new managers. A revision to the attached list includes the change in liquor classification for Epic Deli from Class H, beer and wine at tables only to Class G1, beer, wine, and spirits at tables only where 50% of the annual gross income of the licensed premises is derived from the sale of food or non- alcoholic beverages. The owner has expressed a desire to sell various mixed specialty drinks that contain vodka and in this instance, the Glass G1 is an appropriate classification. This does quire adoption of the attached ordinance authorizi reng an amendment to Municipal Code Chapter 4 increasing the number of Class G1 licenses in effect from nine (9) to ten 10, and decreasing the number of Class H licenses in effect from six (6) to five (5). A noteworthy point on the attached license list is that effective May 1, 2018, Nicolino's OTB will no longer offer video gaming. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the hig/test quality of programs and services in a customer -oriented, efficient, attd fiscally responsible manner. For various reasons, some establishments have not yet submitted an application to renew their license. These are highlighted on the attached list with an asterisk. I recommend approval for those establishments conditioned upon receipt of required paperwork, and payment of fees by April 30, 2018. Recommendation: If Council concurs, then a motion is recommended to approve 1) FY 1018/19 liquor license list effective May 1, 2018, through April 30 2019, as presented conditioned upon receipt of required paperwork, payment of fees, and receipt of satisfactory fingerprint reports; and, 2) adoption of the attached Ordinance increasing the number of Class Gl licenses in effect from nine (9) to ten (10) and decreasing the number A Class H licenses in effect from six (6) to five (5). FISCAL YEAR 2018/2019 CITY OF MCHENRY LIQUOR/GAMING LICENSES CLASS A RETAIL LIQUOR W/BAR & PACKAGED- 1400 A-1 MCHENRY COUNTRY CLUB A-2 MY PLACE BAR & GRILL A-3 FOX HOLE TAP & PIZZERIA A-4 THE CORNER TAP A-5 BUFFALO WILD WINGS A-6 THE GAMBLER OF MCHENRY A-7 UPROOTED A-8 BULLDOG ALEHOUSE A-9 BIMBO'S BAR & GRILL A-10 THE OLD BRIDGE TAVERN A-11 TOWN CLUB A-12 AFTER THE FOX A-13 MAIN STREET SALOON A-14 LUCKY POKER A-15 CEC BANQUETS & CATERING A-16 VILLAGE SQUIRE OF MCHENRY A-17 MAIN STREET STATION A-18 DC COBBS MCHENRY A-20 CHILI'S GRILL & BAR A-21 PLUM GARDEN RESTAURANT A-22 ADDISON'S STEAKHOUSE A-23 VICKIE'S PLACE *A-24 BEERABILITY A-25 APPLEBEE'S NEIGHBORHOOD BAR & GRILL A-26 THE OLIVE GARDEN RESTAURANT A-27 NICOLINO'S A-28 GREEN PEAPOD RESTAURANT A-29 3 QUEENS A-30 BIG FRAN'S BOARDWALK GAMING A-31 SMITH'S CENTRAL GARAGE CLASS Al RETAIL BEER & WINE W/BAR & PACKAGED- $1,250 *A1-1 LACEY'S PLACE (FRONT ST.) A1-3 LACEY'S PLACE (DIAMOND DR) CLASS A2 RETAIL- CATERER LIQUOR W/BAR & PACKAGED- $1,650 A2-1 BUDDYZ PIZZA A2-2 CORKSCREW POINTE CLASS A2 RETAIL -CATERER BEER & WINE W/BAR & PACKAGED- $1,500 A2-3 MCHENRY BREWING CO. CLASS B PACKAGED BEER & WINE - $700 B-1 ALDI CLASS D BEER & LIQUOR (NFP) - $100 D-1 LIBERTY CLUB OF MCHENRY D-2 MCHENRY AMERICAN LEGION POST#491 D-3 VFW VETERANS CLUB, INC. CLASS F1 PACKAGED LIQUORS - $1,100 F1-1 BINNY'S BEVERAGE DEPOT F1-2 MCHENRY LIQUORS, INC. F1-3 LIQUOR & WINE PLACE F1-4 SAM'S LIQUORS & WINE F1-5 FAMILY FOOD MART F1-6 GILL LIQUOR CLASS F2 GOODS & COMMODITIES W/PACKAGED LIQUORS - $800 F2-1 SHAMROCK CONVENIENT FOOD & LIQUOR F2-2 OSCO DRUG STORE F2-3 JEWEL FOOD STORE F2-4 CVS PHARMACY #10470 F2-5 WALGREENS *F2-6 MIDTOWN FOOD & LIQUOR *F2-7 LA HUERTA CARNICERIA F2-8 ANGELO'S FRESH MARKET F2-9 MEIJER STORE #218 F2-10 RIVERSIDE SHOP N GO CLASS F3 PACKAGE LIQUORS GAS STATION - $800 F3-1 MCHENRY BP F3-2 BULL VALLEY BP F3-3 BUCKY'S EXPRESS F3-4 3110 FOOD MART F3-5 MARATHON V4 GASOLINE F3-6 JOG GASOLINE CLASS G1 BEER & LIQUOR @ TABLES ONLY W/SERVICE BAR - $700 G1-1 HIDDEN PEARL CAFE G1-2 CUCINA ROSA *G1-3 LA HACIENDA G1-4 WINDHILL RESTAURANT G1-5 GREEN STREET CAFE G1-6 BRUNCH CAFE G1-7 SAKURA G1-8 KIM & PATTY'S CAFE G1-9 THE PATROONS MEXICAN RESTAURANT G1-10 EPIC DELI CLASS H BEER & WINE @ TABLES ONLY - $700 H-1 SUSHI KING H-2 THE HICKORY PIT H-3 BETTY'S BISTRO H-4 STELLA'S PLACE H-5 MEAT & POTATO EATERY Gaming Establishment *Renewal Not Submitted. License Expires 4/30/18 ORDINANCE NO. MC-18-1167 AMENDING VARIOUS SECTIONS OF MUNICIPAL CODE CHAPTER 4, ALCOHOLIC BEVERAGES INCREASING THE NUMBER OF CLASS GI LIQUOR LICENSE IN EFFECT AND DECREASING THE NUMBER OF CLASS H LICENSES IN EFFECT (Epic Deli) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Section 4-6(6) of the Municipal Code relating to liquor license classifications is hereby amended by. • Increasing the number of Class "G1" Liquor Licenses in effect from nine (9) to ten (10). SECTION 2: Section 4-6(7) of the Municipal Code relating to liquor license classification is hereby amended by. • Decreasing the number of Class "H" Liquor Licenses in effect from six (6) to five (5). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority %J 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 bylaw. APPROVED and ADOPTED this 16th day of April 2018. Voting Aye: Voting Nay: Absent: ATTEST: Deputy City Clerk Mayor ivia enr or AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: April 16, 2018 Regular City Council Meeting 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: Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprise Inc. ATT: 1. Ordinance authorizing the Mayor's execution of a Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprises, Inc. 2. Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprise Inc. 3. Three demolition bid proposals 4. Site Plan, Elevation and Floor Plan for Ringwood Road Site AGENDA SUPPLEMENT SUMMARY: The City Council is being asked to consider a Development and Economic Incentive Agreement with Graham Enterprise Inc. to offset extraordinary development expenses related to the following: • Razing the existing facility at the southwest corner of Bull Valley Road and Crystal Lake Road; • Razing the existing facility at the northeast corner of Ringwood Road and Illinois Route 120; • Razing the vacant office building at 4410 West Elm Street; • Development of a fueling station at the northeast corner of Ringwood Road and Illinois Route 120; • Redevelopment of the southwest corner of Bull Valley Road and Crystal Lake Road. 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 BACKGROUND: Please note that development/redevelopment of the northeast corner of Ringwood Road and Illinois Route 120 and southwest corner of Bull Valley Road and Crystal Lake Road are subject to zoning approval however, due the large capital expenses involved, the developer is requesting assistance and some assurance from the City Council that the projects are acceptable before proceeding through the zoning process. Northeast Corner of Ringwood Road and Illinois Route 120 The northeast corner of Ringwood Road and Illinois Route 120 site is located in the West Route 120 Corridor Enhancement area and has been an identified priority redevelopment site for the City for a number of years. The existing buildings, which include a 1,960 square foot convenience store, were constructed in the early 1990's as a fueling station and the site has was closed several years ago. Since its closure, the site has been in a state of obsolescence, though the underground storage tanks were removed. Approximately two years ago, the developer purchased additional land from McHenry Elementary District 15 to be able to expand the site and construct the new BP prototype gas station, which includes an approximate 6,000 square -foot convenience store, fueling station with diesel lanes but no car wash. Attached to this supplement are renderings of the proposed station. Southwest Corner of Bull Valley Road and Crystal Cake Road The developer is also seeking to redevelop the existing fueling station at the southwest corner of Bull Valley Road and Crystal Lake Road. Currently the Bull Valley Road and Crystal Lake Road site has a car wash - which is not functional - and a convenience store which is about 1,012 square feet in size. The proposal includes razing the existing structures at this location, constructing an approximate 4,800 square -foot convenience store and new fueling islands, along with a drive-thru. Redevelopment of this site alone is estimated to generate an additional $43,000 per year in municipal sales tax. 4410 West Elm Street The final element of the agreement is related to the razing of the vacant office building at 4410 West Elm Street. This building has been in a state of obsolesce for quite some time. The removal of this building would enhance the area and allow the developer to expand the ivimenr 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 adjacent station to the west at some future date. Per the attached agreement, if executed, removal of this building would be required no later than December 31, 2019. ANALYSIS: The developer is requesting $1.0 million in sales tax incentives as a rebate over a 20-year term. The attached agreement proposes that the developer would receive 50% of the base and home rule sales tax for a period of 20 years, or when $1,000,000 is reached on development -related expenses, or in December 31, 2039 whichever occurs first. Attached to this supplement are three quotes for razing each of the buildings at the three locations with a total amount of approximately $200,000. The remainder of the incentive would be for development and redevelopment of the sites at Ringwood Road and Route 120 and Bull Valley Road and Crystal Lake Road. An extremely critical component of this project and a future economic development driver for the municipality is the redevelopment of the City's West Route 120 corridor. This plan assists in that effort. Anticipated costs to the developer are approximately $3,000,000 to construct the fueling station at Bull Valley Road and Crystal Lake Road - which would likely occur first. The Ringwood Road and Illinois Route 120 site would not be redeveloped immediately due to the uncertainty associated with the traffic, homes and other competition looking in the area. Speedway has submitted an application to develop a station at the northwest corner of that intersection. The Ringwood Road and Illinois Route 120 location would be developed as a licensed truck stop establishment (definition provided below). By definition this means that video gaming would be permitted. The Bull Valley Road and Crystal Lake Road location would simply be an enhanced fueling center. The Ringwood Road location, per the attached agreement would be required to be razed by the end of 2020. "Licensed truck stop establishment" means a facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b401 of the Illinois Vehicle Code. The requirement of item (iii) of 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 this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month. (Source: P.A. 97-333, eff. &12-11; 98-31, eff. &24-13; 9&582, eff. &2743; 9& 587, eff. &2743; 9&756, eff. 74&14.) The City Council adopted an Economic Development Strategy in 2011 and below is the evaluation criteria set forth in that policy by which requests such as sales tax rebates should be evaluated. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria: 1. Consistency with the City's Economic Development Plan and Economic Development Strategy, 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficulties regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the existing businesses within the City. 8. Level of applicant's creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed redevelopment and the fact there are many moving parts which make this a somewhat risky proposition for the developer. The revenue enhancement is certainly a large part of this development. If the Ringwood Road site is not redeveloped as a fueling station or reopened without being redeveloped, which is a possibility, it is still required to be razed in accordance with this agreement no later than December 31, 2020. Additionally, 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 vacant office building at 4410 West Elm Street is required to be razed by December 31, 2019 in accordance with the attached agreement. No sales tax incentive shall be made to the Owner from the Ringwood Road site or Bull Valley Road site unless the Ringwood Road site and Bull Valley Road sites are rebuilt in their entirety. If the Ringwood Road site reopens without being rebuilt there shall be no sales tax incentive paid to the owner form the Ringwood Road site. There will only be incentive paid to the owner, under this scenario, if the Ringwood Road site is reopened, and the Bull Valley Road site is improved with an approximately 4,800 square -foot convenience store, new pumps and substantially rebuilt as described in the attached agreement. Otherwise, no tax incentive will be paid to the owner. Rebates should be considered very closely and on a case by case basis which has been the policy of the City Council. Staff believes the proposed rebate is not excessive and will have a positive impact on the surrounding areas. RECOMMENDATION: Therefore, if the City Council concurs it is recommended that a motion be made to approve the attached ordinance authorizing the Mayor's execution of a Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprise Inc. 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 MAYOR'S EXECUTION OF AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND GRAHAM ENTERPRISE INC. 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. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Development and Economic Incentive Agreement, bearing the date of April 16, 2018 between the City of McHenry and Graham Enterprise Inc. 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 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 by law. PASSED THIS DAY OF , 2018 AYES: NAYS: ABSTAINED: Department of Community & Economic Development McHenry Municipal Center ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2018 MAYOR ATTEST: CITY CLERK 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Development and Economic Incentive Agreement between the City of McHenry and Graham Enterprise, Inc. Development and Economic Incentive Agreement Between the City of McHenry and Graham Enterprise, Inc. PREPARED BY/ TO: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 This Economic Incentive Agreement ("Agreement") is made and entered into this day of .......... 2018 ("Effective Date"), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality ("City") and Graham Enterprise, Inc., an Illinois corporation, LLC, 750 Bunker Court, Suite 100, Vernon Hills, IL 60061 ("Owner" and such term is deemed to include Owner's affiliates, Red Crown Investments, LLC — 137, Red Crown Investments, LLC — 138, and Deep Rock Land Company, LLC — 104) and any successors and assigns. Recitals A. The property which is the subject of this Agreement is all owned by Owner and consists of three (3) separate properties (collectively referred to herein as "Subject Property"), and individually identified as follows: 1. McHenry BP ("Bull Valley Rd. Site") located at 5301 Bull Valley Road, McHenry, PIN: 14-04-401-003, legally described as follows: PARCEL 1: LOT 1 INAMOCO M-1 RESUBDIVISION, BEINGA RESUBDIVISION OFLOTS 1 AND 2INAMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 95R028590, ACCORDING TO THE PLAT OF SAID AMOCO M-1 RESUBDIV15ION RECORDED NOVEMBER 30, 2000 AS DOCUMENT 2000R0065740, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF LOT 1 FOR INGRESS AND EGRESS AND ACCESS TO BULL VALLEY ROAD AS CREATED BY EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS DOCUMENT 2000R0068143. 2. Closed Gas Station & Vacant land ("Ringwood Rd. Site") located at 5520 W. Elm Street, McHenry, PINS: 09-28-251-013, 09-28-251-015 and 09-28-251-018, legally described as follows: LOTS 1 AND 2 IN AMOCO M-2 SUBDIVISION, (EXCEPT THAT PORTION OF LOT 1 TAKEN BY THE DEPARTMENT OF TRANSPORTATION IN CASE 02ED26 AND EXCEPT THAT PORTION OF LOT 2 CONVEYED TO MCHENRY COMMUNITY CONSOLIDATED SCHOOL DISTRICT 15 BY DEED RECORED AS DOCUMENT 2001R0001714) BEING A RESUBUDIVISIN OF LOTS 5 TO 9, BOTH INCLUSIVE, IN A.M. KAUFMAN SUDISIVION OF PART OF THE WEST HALF OF THE NORTHEAST % OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID AMOCO M-2 SUVISION RECORDED SEPTEMBER 22, 1989 AS DOCUMENT 89RO31816 IN MCHENRY COUNTY, ILLINOIS. GIJ/A THAT PART OF LOT 2 IN AMOCO M-2 SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF NORTHEAST % OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 1989R0031816, DESCRIBED AS FOLLOWS. - BEGINNING A T THE SOUTHEAST CORNER OF SAID LOT 2, THENCE NOR THWESTERL Y 306.20 FEET ALONG THE SOUTHERL Y LINE OF SAID LOT 2, BEING A CUR PE TO THE RIGHT HA VING A RADIUS OF 3759.80 FEET, A CHORD BEARING OF NORTH 69 DEGREES 39 MINUTES 33 SECONDS WEST, A DISTANCE OF 306.12 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN DOCUMENT NO. 2009R0023311; THENCE NORTH 00 DEGREES 30 MINUTES 47 SECONDS EAST ALONG THE EAST LINE THEREOF, 253.04 FEET TO THE NORTHEAST CORNER THEREOF,THENCE NORTH 65 DEGREES 21 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY LINE THEREOF, 318.44 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 33 MINUTES 56 SECOND EAST ALONG SAID WEST LINE, 46.79 FEET TO A LINE 136.14 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 72 DEGREES 53 MINUTES 20 SECONDS EAST ALONG SAID PARALLEL LINE, 604.24 FEET TO THE EAST LINE THEREOF; THENCE SOUTH 00 DEGREES 35 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 361.24 FEET TO THE PLACE OF BEGINNING, IN MCHENRY, ILLINOIS. 3. Vacant Office Building located ("Office Building Site") located adjacent to the Elm St. Site at 4410 W. Elm Street, McHenry, PIN: 09-27-405-005, legally described as follows: LOT 3 IN BLOCK 2 IN LAKELAND SHORES UNIT NO. 2, BEING A SUBDIVISION OF LOT 'A "IN LAKELAND SHORES UNIT NO. 1, BEING A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 45PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. B. 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. C. In recognition of the importance to sustaining a high -quality of life for businesses and residents, it is the City's desire to facilitate a successful business environment and assist in enhancing the long-term viability of existing and proposed businesses. D. The Owner intends to make the following improvements onto the Subject Property, collectively referred to herein as "Site Improvements": 1) no later than December 31, 2020, demolish all existing buildings and structures at the Ringwood Rd. Site; 2) no later than December 31, 2019, demolish all of the buildings and structures at the Office Building Site; 3) no later than December 31, 2019, demolish all the buildings and structures, and remove all underground fuel tanks at the Bull Valley Rd. Site; and 4) to construct and have received a City -issued occupancy permit, no later than December 31, 2020, for a new convenience store of not less than 4,800 square feet and fueling center at the Bull Valley Rd. Site. E. Benefits to the City include removal of dilapidated structures, added revenue and job growth. F. It is essential to the economic and social welfare of the City that it promotes the economic vitality of the community by assuring opportunities for development and redevelopment and sound and stable commercial growth within the corporate limits of the City. G. In order to make it economically feasible for the Owner to agree to successfully accomplish the Site Improvements to the Subject Property the City agrees to share with the Owner a portion of the Base Sales Tax and Home Rule Sales Tax generated by the Owner at the Subject Property in an amount not -to -exceed $1,000,000, in total. H. Definitions. The following definitions shall apply to terms used in this Agreement: "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by the Owner, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z-18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "Home Rule Sales Tax" means the home rule retailers occupation taxes received by the City, generated solely at the Subject Property and by the Owner, from the State of Illinois pursuant to the Home rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/8-11-1.1) (as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. "City's Payment Obligation" means the City's obligation to pay the Owner Base Sales Tax and Home Rule Sales Tax as set forth in this Agreement. "Commencement Date" means the first February 1 or August 1 following the Owner completing all Site Improvements, including receiving a Certificate of Occupancy for the Bull Valley Rd. Site Improvements referenced above, and is the first date the City shall pay a Sales Tax Incentive Payment, as defined herein, to the Owner in accordance with the terms of this Agreement. "Event of Default" means a default under this Agreement which remains uncured. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "IDOR" means the Illinois Department of Revenue. "Maximum Total Payment Obligation" shall mean the total amount paid by the City hereunder as of December 31, 2039 or after the maximum total amount payable by the City hereunder if paid, not -to -exceed $1,000,000, which ever event occurs first. "Sales Tax Incentive" means the payments by the City set forth in this Agreement. "Sales Tax Incentive Payment" expressed as a percentage of Base Sales Tax and Home Rule Sales Tax generated by the Owner at the Subject Property, during the Sales Tax Incentive years. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year. I. The parties agree that the Base Sales Tax and Home Rule Sales Tax being shared hereunder shall only be that Base Sales Tax and Home Rule Sales Tax generated in the future by the Owner not -to -exceed the Maximum Total Payment Obligation. Now therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows: 1. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution of the State of Illinois. 2. Site Improvements. The Owner shall make the Site Improvements in the timeframes described in the Recitals of this Agreement. Time is of the essence. 3. Agreement to Pay/Term of Agreement/Use of Funds. Commencing on the Commencement Date, the City agrees to pay a Sales Tax Incentive to the Owner in an amount outlined below. The City's Payment Obligation shall continue for so long as the Owner is generating, and the City is receiving, Base Sales Taxes and Home Rule Sales Taxes derived from the Subject Property. Provided, however, the City's Payment Obligation hereunder shall expire on the earlier to occur of the following events: (a) December 31, 2039; (b) upon City's payment of the Maximum Total Payment Obligation, or (c) any of the Site Improvements not being timely completed in strict compliance with paragraph 2, above. Time is of the essence; provided, however, in the event of any failure by the Owner to perform due to unforeseen circumstances or causes beyond such party's reasonable control, including acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, flood or accident, or inability to secure raw materials or labor based upon lack of supply or unreasonable prices, the time for performance by the Owner shall be extended by the time period of any such delay. Notwithstanding the previously stated obligations of the City, if the Bull Valley Rd. Site Improvments are timely completed and the City commences payment of the Sales Tax Incentive, but the Ringwood Rd. Site Improvments or Office Building Site Improvments are not timely completed, within the time frames set forth in paragraph 2, above, this Agreement shall terminate. In addition, if a building permit has not been issued by the City and obtained by the developer to raze the buildings at the Ringwood Rd. Site and the site reopens as a fueling station without being redeveloped with a 4,800 minimum square -foot convenience store on or before December 31, 2019, the Ringwood Road Site shall be excluded from the Subject Property for purposes of receiving a Sales Tax Incentive hereunder. This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. The Owner also acknowledges the Sales Tax Incentive shall be utilized solely for reimbursement for actual costs incurred for equipment, material and labor costs directly associated with the Site Improvements. After the City's Maximum Payment Obligation is met, the City shall retain 100% of the Base Sales Taxes and Home Rule Sales Taxes generated by the Subject Property. The Sales Tax Incentive shall be paid by the City three times during each Sales Tax Incentive Year, once for the period beginning January 1st and ending April 30th, once for the period beginning May 1st and ending August 31st, and once for the period beginning September 1st and December 31st (each a "Sales Tax Payment Period"), in the form of a Sales Tax Incentive Payment, to the Owner. The Sales Tax Incentive Payment shall be equal to 50% of the Base Sales Tax and Home Rule Sales Tax collected by the City relating to the Subject Property. 4. Evidence of Equipment, Material Cost and/or Labor Expenditure. The Owner acknowledges that, prior to any Sales Tax Incentive payment distribution, the Owner shall provide the City with evidence of the Site Improvement expenditures for which reimbursement is being sought including the following information: Paid invoice(s), which includes an itemization of each equipment, material and/or labor expenditure to the extent reasonably available to the Owner; approximate dates when labor, equipment and/or material purchase was completed and/or purchased; company from which labor, equipment and/or material purchase was completed and/or purchased including name, address and federal tax identification number, a reference on the paid invoice(s) indicating the location of the Subject Property and a sworn affidavit from Owner detailing the equipment, material and/or labor costs incurred. 5. Limitation of City Responsibilities. Other than the Sales Tax Incentive agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expenses or share any revenue associated with the Owner. 6. Sales Tax Reports/Accounting. The Sales Tax Incentive Payment shall be paid by the City to the Owner following the City's calculation of the amount due for the the most recently ended Sales Tax Payment Period, but not later than fifteen days (15) after the City receives the sales tax report from the IDOR (this report is generally received within forty-five (45) days of the end of each Sales Tax Payment Period). This information will be used by the City in calculating the Sales Tax Incentive Payment due hereunder. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailer's Occupation Tax Act. The Owner shall maintain and have available for inspection by the City copies of any all sales tax return, sales tax reports, amendments, proof of payment or any other Sales Tax Information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying Base Sales Tax and Home Rule Sales Tax Revenue collected pursuant to this Agreement. The City shall use its best efforts to promptly obtain such Sales Tax Information directly from the IDOR or the State of Illinois. 7. Confidentiality of Financial Information. To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Owner and the Sales Tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants of the City as the City in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Owner understands and agrees that the provisions of this Agreement and any and all payments to the Owner pursuant to this Agreement are public records. The Owner also agrees to execute any consent form requested by the City and furnish such additional consent, powers of attorney or waivers as may be required by the IDOR to allow the IDOR to furnish to the City Sales Tax Information transacted by the Owner at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act and any other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination such disclosure is required by law. 8. Provisions Concerning Limitation on Debt. The receipt, or anticipated receipt, of Base Sales Tax and Home Rule Sales Tax Revenue, either directly or indirectly, from the Owner's Site Improvements on the Subject Property, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to rebate money to the Owner. 9. Prevailing Wages to be Paid. Pursuant to 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages as found by the City or determined by a court on review shall be paid to all laborers, workers and mechanics performing work under the contract relating to the Site Improvements on the Subject Property. Note that the prevailing rate of wages is revised by the Illinois Department of Labor and are available on the Department's official website. In addition, once the project is completed Owner will provide employees who work at these locations benefits, including healthcare, 401K, profit-sharing opportunities in line with its company policy. As part of this agreement Graham Enterprise, Inc. will also pay employees a wage no lower than $10.25 per hour or minimum legal wage whichever is higher, for a term of this Agreement. 10. Special Use and Liquor Licenses. The City agrees to extend current zoning and special use permits currently granted at 4416 Elm Street to the Office Building Site which will allow expansion of the existing convenience store, fueling area and/or carwash, including vacuums and larger drive through payment center. The City will support the efforts to gain a class F3 liquor license at the Ringwood Rd. Site. In addition, the Owner intends to apply for a State Video Gaming License, based on the qualifications of site size and diesel island requirements. It is also assumed that the class F3 liquor license currently at the Bull Valley Rd. Site will remain in place after the development. The City will support these initiatives. 11. No Interest; Limited Obligations. No interest shall be due on the obligations set forth in this Agreement. The Owner acknowledges that (a) the City shall not be required to make any payments of the Sales Tax Incentive to the Owner unless they have then been delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Tax and Home Rule Sales Tax the City receives from the IDOR which are attributable to the gross sales generated at the Subject Property after the completion of the Site Improvements by the Owner; (c) the sole source of the Owner's entitlement to payment of the Sales Tax incentive shall be the aforesaid Base Sales Tax and Home Rule Sales Tax; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) the Owner bears all risk of non-payment resulting from the permanent closure of the Owner's business operation at the Subject Property. 12. Transfer of Property; Assignment; Estoppel Certificate. If at any time after the Effective Date the Owner transfers any of the Subject Property to a third party, the City shall have the right to hold any Payment Obligation due and owing in escrow until the Owner and transferee jointly notify the City in writing regarding who is entitled to the remaining payments and who is responsible for performing each of Owner's obligations in this Agreement, with sufficient documentation evidencing that the proposed transferee has agreed and accepted such obligations. Upon such transfer and acceptance, the Owner shall have no further obligations under this Agreement, and, subject to a written request by the Owner, the City agrees to promptly deliver to a transferee and estoppel certificate with respect to certain factual matters regarding this Agreement. In no other event shall the Owner assign this Agreement, in whole or in part, or any of its rights or obligations under this Agreement without a transfer of any of the Subject Property without the prior express written approval of the City, which approval may be withheld in the sole and unfettered discretion of the City. 13. Notice. This Agreement shall be binding upon and inure to the benefit of the Parties. 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 Owner: Graham Enterprise, Inc. 750 Bunker Court, Suite 100 Vernon Hills, IL 60061 Attention: John C. Graham If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator 14. Default. In the event of a claimed default under this Agreement, the non -defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 15. Enforcement. 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. 16. Recording. The parties understand and agree that this Agreement or a memorandum of this Agreement may be recorded with the McHenry County Recorder of Deeds. 17. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Owner and the City relative to the Sales Tax Incentive 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 Date Graham Enterprise, Inc., Red Crown Investments, LLC — 137, Red Crown Investments, LLC — 138, and Deep Rock Land Company, LLC — 104 By: John Graham, President/Member Date STATE OF ILLINOIS SS COUNTY OF MCHENRY ACKNOWLEDGEMENT I, , a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT Wayne Jett, the Mayor of the CITY OF MCHENRY 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 he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said City for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of April, 2018. Notary Public STATE OF ILLINOIS SS COUNTY OF LAKE ACKNOWLEDGEMENT I, , a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT John C. Graham, the President of GRAHAM ENTERPRISE, INC. and a Member of Red Crown Investments, LLC — 137, Red Crown Investments, LLC — 138, and Deep Rock Land Company, LLC — 104, 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 he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said City for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of April, 2018. Notary Public Z: \M\McHenryCityof\GrahamBP\Develop&IncentiveAgmtGray. do c B&B Construction & Excavating Co 1288 Bungalow Road Morris, IL 60450 www.bbconstinc.com Phone: 815-416-1330 Ext: 14 :ax: 8154164340 Graham Enterprise, Inc %ttn: John Graham 750 Bunker Court Suite 100 Vernon Hills, IL 60061 Proposal Project: Gas Station Demolition 5520 W. Elm Street McHenry, IL CONSTRUCTION EXCAVATING CO. Proposal: 18028 Date: 2/15/2018 Salesperson Dave Carlson Scope of Work Obtain Local demolition permits: $ 500.00 allowance included in base bid Make notification to IEPA Furnish and maintain perimeter fencing during demolition activities Coordinate disconnection of existing utilities (fees and unpaid utility bills not included) Remove various small trees and bushes around buildings Raze existing canopy, C-store, and Carwash buildings and dispose of general demolition debris at licensed Subtitle D landfill Remove and dispose concrete walks, floors, foundations at local recycling facility Remove and dispose all concrete pavement and curbs to property line Remove and dispose all asphalt pavement up to property line. All work to be completed in accordance will acceptable demolition procedures. Alternate price to disconnect water service and sanitary service at the property line. Add $ 3,800.00 Alternate price to perform an asbestos survey Add $ 2,000.00 All salvage items become property of B&B construction. Exclusions Asbestos survey, removal or disposal of asbestos or any hazardous waste material. saw cutting, pavement restoration. compaction testing, import of granular fill, work outside of property line. Proposal Total: 54,000.00 Acceptance Accepted by: Title: Date: Page 1 B&B Construction & Excavating Co 1288 Bungalow Road Morris, IL 60450 www,bbconstinc.com Phone:815-416-1330 Ext: 14 Fax: 815A164340 To: Graham Enterprise, Inc Attn: John Graham 750 Bunker Court Suite 100 Vernon Hills, IL 60061 Proposal Project: CONSTRUCTION W E%C46VATING CO. Proposal: 18029 Date: 2/15/2018 Bull Valley BP Demolition/ Tank removal 5301 Bull Valley Rd Crystal Lake, IL Salesperson Dave Carlson Scope of Work Obtain Local demolition permits: $ 500.00 allowance included in base bid Make notification to [EPA Furnish and maintain perimeter fencing during demolition activities Coordinate disconnection of existing utilities (fees and unpaid utility bills not included) Remove various small trees and bushes around buildings Raze existing canopy, C-store, and Carwash buildings and dispose of general demolition debris at licensed Subtitle D landfill Remove and dispose concrete walks, floors, foundations at local recycling facility Remove and dispose all concrete pavement and curbs to property line Remove and dispose all asphalt pavement up to property line. All work to be completed in accordance will acceptable demolition procedures. Alternate price to disconnect water service and sanitary service at the property line. Add $ 3,800.00 Alternate price to perform an asbestos survey Add $ 2,000.00 Tank Removal includes: Removal of concrete tank pad and canopy pad and dispose off site Removal of UST system complete including (3) 12K Steel tanks, product line and vent line piping. Cleaning residual contents from tanks including transportation and disposal of liquids/ sludge (500 gallons included) Ground water pumping and disposal not included but B&B will coordinate North Branch Environmental for onsite activities as necessary. Replacement of spoils into tank excavation and trenches. Import and placement of granular fill (360 tons included in bid) Alternate price to complete early action remediation activities per unit rates: Excavate, load, transport and dispose of Contaminated soil $ 45.25 /ton Import and place granular backfill (over 360 tons) $ 24.50/ ton All salvage items become property of B&B construction. Exclusions Asbestos survey, removal or disposal of asbestos or any hazardous waste material. saw cutting, pavement restoration. compaction testing, import of granular fill, work outside of property line. Pumping or disposal of ground water Reference Extended Price 20 Demolition Page 1 B&B Construction & Excavating Co 1288 Bungalow Road Morris, IL 60450 www.bbconstinc.com Phone:815-416-1330 Ext: 14 Fax:815-416-1340 Graham Enterprise, Inc %ttn: John Graham 750 Bunker Court Suite 100 Vernon Hills, IL 60061 Proposal Project: CONSTRUCTION EXCAVATING CO. Proposal: 18029 Date: 2/15/2018 Bull Valley BP Demolition/ Tank removal 5301 Bull Valley Rd Crystal Lake, IL Salesperson Dave Carlson Reference Extended Price 20.1 Demolition 57,800.00 Total20 Demolition 57,800.00 80 Tank Removal 80.1 Tank removal 27,900.00 Total 80 Tank Removal 27,900.00 Title: Date: by: Proposal Total: 85,700.00 Page 2 B&B Construction & Excavating Co 1288 Bungalow Road Morris, IL 60450 www.bbconstinc.com Phone:815-416-1330 Ext: 14 max: 815A164340 Graham Enterprise, Inc %ttn: John Graham 750 Bunker Court Suite 100 Vernon Hills, IL 60061 Proposal Project: Office Building Demo 4410 Rt 120 McHenry, IL CONSTRUCTION ERCAVATING CO. Proposal: 18027 Date: 2/14/2018 Salesperson Dave Carlson Scope of Work Obtain Local demolition permits: $ 500.00 allowance included in base bid Make notification to IEPA Furnish and maintain perimeter fencing during demolition activitie Coordinate disconnection of existing utilities (fees and unpaid utility bills not included) Remove various small trees and bushes around building. Raze existing 2 story office building and dispose of general demolition debris at licensed Subtitle D landfill Remove and dispose concrete walks, floors, foundations at local recycling facility Fill Basement void with Granular fill (estimated volume of 580 tons included in base bid) Import and place Granular 3" recycled concrete and compact, top with 12" of CA6 recycled concrete. (580 tons included) All work to be completed in accordance will acceptable demolition procedures. Alternate price to disconnect water service and sanitary service at the property line. Add $ 3,800.00 Alternate price to perform an asbestos survey Add $ 2,000.00 Note: Due to not being able to gain access into basement I have estimated the quantity required for backfilling the void. If actual quantities vary by more than 10% of estimated amount a credit (or add) will be applied at the unit rate of $ 19.75/ ton based on load ticket furnished by supplier. All salvage items become property of B&B construction. Exclusions Asbestos survey, removal or disposal of asbestos or any hazardous waste material. saw cutting, pavement restoration. compaction testing Reference 20 Demoon 20.1 Demolition Total 20 Demolition 90 Aggregate Import 90.4 3" &CA6 recycled concrete Total 90 Aggregate Import Extended Price 31,060.00 31,060.00 11,900.00 11,900.00 Page 1 B&B Construction & Excavating Co 1288 Bungalow Road Morris, IL 60450 www.bbconstinc.com Phone:815-416-1330 Ext:14 Fax: 815-4164340 Graham Enterprise, Inc %ttn: John Graham 750 Bunker Court Suite 100 Vernon Hills, IL 60061 Proposal Project: Office Building Demo 4410 Rt 120 McHenry, IL CONSTRUCTION I MU EXCAVATING CO. Proposal: 18027 Date:2/14/2018 Salesperson Dave Carlson Proposal Total: 42,960.00 Acceptance Accepted by: Title: Date: Page 2 i ���` `\\��� i � \ �.� a I ��� ®® ZONING INFORMATION aRE�o�� �,���P��:h�u�EOFM��E�� �secr.x�"� :oN���:�_�o�xaoR� � Eou�" �e ,a Ee, �e E�,�s aa�oE.aao: .���Ea, ��s =aoPo�Fa ° .w���.,saEw,� M����� iiec.�i �°�� �n� M��. .�«Es ,ALLsaE. ,gt ��Eu�a�E: ,g„sM�K ,ax,s s -Milo +�"�n 0 �dE � Y P- � k:.� C ' q t • as rt � y��� �Pt' V e � y ��� ,,.rye 1 !� Fi 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 16, 2018 Regular City Council Meeting FROM: Ross Polerecky, Director of Community Development Doug Martin, Director of Economic Development RE: Consideration of a Conditional Use Permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment at 1252=1254 North Green Street, and, an Ordinance Authorizing the Mayor's Execution of a Revocable License Agreement between the City of McHenry and Utopian Roast LLC ATT: 1. Location Map 2. Construction Schedule and Revised Site Improvements Including Email Correspondence from Mr. Kernes 3. Ordinance approving a conditional use permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment at 1252-1254 North Green Street 4. Ordinance Authorizing the Mayor's Execution of a Revocable License Agreement between the City of McHenry and Utopian Roast LLC 5. Revocable License Agreement between the City of McHenry and Utopian Roast LLC At the April 2, 2018 meeting, Council denied a request for a conditional use permit to allow an assembly use, outdoor seating and indoor entertainment at 1252-1254 North Green Street and authorization to execute a Revocable License Agreement between the City of McHenry and Utopian Roast, LLC dba Hidden Pearl Cafe to utilize a portion of Neumann Park. In summary, various concerns were identified by Council related to the clarity of information provided by the applicant in regards to the impact on the public sidewalk on Green Street and ingress/egress to the building through Neumann Park. 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 Subsequent to this denial, a number of councilmembers expressed interest in continuing to work with Hidden Pearl Cafe to address concerns and bring this item back to Council. Mr. Kernes, owner of Hidden Pearl Cafe, also acknowledged his interest in continuing this project and, based on this mutual interest, Attorney McArdle opined that the item could be reconsidered by Council at the April 16, 2018 City Council Meeting so long as a motion to reconsider was made by a majority -voting member of Council (e.g., someone who voted "no" on April 2nd) Based on the above, Staff and Mr. Kernes have coordinated over the past week to review the information relative to the previous request and the following new/additional information is now being presented to Council for consideration: Neumann Park • Attached is an overhead of the improvements Hidden Pearl Cafe would like to make to Neumann Park. The patio would be designed in accordance with all building codes as well as accessibility requirements for table's and isle/sidewalk widths. • No liquor will be allowed in the park itself, all liquor will be contained within the building and the front fenced off area on the Green Street side. Signs will be posted in the building informing customers of this restriction. • Brick pavers used in the park are to be the same brick pavers used on the Riverwalk. • All landscaping disrupted during the construction of the patio is the responsibility of Hidden Pearl to restore to the original state. Green Street Sidewalk • Attached is a depiction of the proposed new sidewalk in front of Hidden Pearl Cafe. • The current sidewalk in front of the building is 12'6" wide measured from curb to the face of the building. Approximately 8' 6"of this is public sidewalk and the remaining 4'6" is located on the 1252 property (see attached plat of Survey). • Hidden Pearl is proposing a 1'6" encroachment into the city right of way in order to maintain a 6' 6" elevated walking path/seating area along the building. • A railing similar to the McHenry Theatre/ D.C. Cobbs will be in installed along the elevated walking path. • The applicant is requesting outside alcohol be allowed in the fenced in area only along the face of the building on green street. Included in the attached documents is also a construction schedule, a narrative from the owner and a current plat of survey. 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 RECOMMENDATION: Therefore, based on this new/additional information, it is recommended that a motion be made to approve an Ordinance granting a conditional use permit to allow an Assembly Use, Outdoor Seating and Indoor Entertainment at 12524254 North Green Street, with the following conditions as identified by the Planning and Zoning Commission and staff: • 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 (Revocable License Agreement); • 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. As well as any additional conditions expressed in the "Neumann Park, Green Street Sidewalk" bulleted sections above. And: Approve an 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 & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAPS: 1252-1254 N GREEN STREET (Vacant Lot to North Estimated Construction Timeline Start date TBD Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Concreate and Asphalt Weather Dependant / Iran Fence will follow Framing (again) Plumbing Electric Sprinkler/Alarm-- Drywa I Fixtures and Finishes KOSS Pol From: Sent: To: Subject: Did I miss any questions? Thanks NARRATIVE Dan Kernes <dkernes@comcast.net> Thursday, April 5, 2018 3:34 PM Ross Polerecky Narrative For the council's consideration, The changes we are proposing are as follows, The addition of new walking paths and seating areas in the park. We want to stay true to the appearance of the park as it exists now. We will use the same type of pavers that are currently being used as to integrate seamlessly to the eye and the shape of the path. In the picture submitted we would like it to wander in a similar way to the current path. The idea is it will all come together as a cohesive whole. We also want to keep as much of the existing foliage on the path. That will include the small tree remaining against the side of the building. Even though planning and zoning approved the use of liquor in the park, we have decided not to pursue having liquor there, because we realized there is no line of sight to the people who would drinking. This would create a situation where someone could give liquor to a minor after they are served. On the proposed door to the park, we would prominently post a sign that says liquor in the park is prohibited. We want to keep this beautiful park a community friendly place. The fence that we want to put in the front of the building would add a nice architectural element to fihe building, provide an improvised bike rack, delineate a specific smoking area so people do not look like they are loitering, and make our outdoor front seating safer. If the council approves the use of one and a half feet of additional sidewalk space (as by the theater), we would be able to accomplish that. At that point, two gates would be all that would be needed to serve liquor at these tables. We chose one and a half feet because that is the natural delineation of the current sidewalk and would fix the current winter slipping hazard that exists. To answer the question fro► the previous meeting of, "why not just finish what you are building and just get open," we have had to deconstruct some things in attempfi to make room for a restaurant that was in -coming. Effectively we are starting the construction over, not changing anything but starting over. If you remember in the beginning, we were going to have retail facing 120 (elm street). With the vacant lot no longer in our complete control, we have to rethink the entire future of the building. We are the owners of the building whether the coffee shop opens, makes it, or 1 whatever. So we do need to think of these things as we move forward with purpose, not haste. Thank you for your reconsideration, Hidden Pearl Coffee Utopian Roast, LLC z �Jl r� j �Zia! w ' J w %iA 1 - t ! 1 •-��. ) �f� .� - ■ ■ i Pr APa 6 Lisa 1 Smaking i f Area 1 V604ow. � ea ♦n, ` y ti Vdi 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, ILLINOIS, AS FOLLOWS: SECTION 1: A Conditional Use Permit to allow an assembly use, outdoor 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; 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 away 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. Passed and approved this AYES: NAYS: ABSENT: NOT VOTING: ATTEST: to day of , 2018 MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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 REVOCABLE 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 licensee 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 Revocable License Agreement, bearing the date of April 16, 2018 between City of McHenry, a Municipal Corporation in the State of Illinois, record 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, approvalI and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2018 AYES: NAYS: Department of Community & Economic Development McHenry Municipal Center ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2018 MAYOR ATTEST: DEPUTY CITY CLERK 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us EXHIBIT "A" Revocable License Agreement Between the City of McHenry and Utopian Roast LLC This Revocable License Agreement ("Agreement") is made and entered into this 16th 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"). 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 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 anA 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; provided, however, for the first 12 months of this Agreement, the City shall not terminate it, except for Licensees' breach of its obligations hereunder or for other good cause. 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- Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorneys 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 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. 2 11. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as red 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: Dan Kernes, Utopian Roast LLC 2600 Birch Street McHenry, IL 60050 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 Date Z:\M\McHenryCityof\LicenseAgmtUtopian.docx Licensee By: Dan Kernes, Utopian Roast LLC Licensee Date Exhibit A LEGAL DESCRIPTION OF LICENSED PREMISES Exhibit 13 SITE IMPROVEMENTS MIA&WAASA O r� lie ' � u ;6f �i N Ito �� i 'f. 1� Smokii ; /JP A168 A,"FY CZ4 ` �.*'.rr1 i kKW4Rc / vnri Alto NIP1 KOCK Smokii ; /JP A168 A,"FY CZ4 ` �.*'.rr1 i kKW4Rc / vnri Alto NIP1 KOCK Bill Hobson, Director of Parks and Recreation McHenry Recreation Center &1L 3636 Municipal Drive ,qW1.qW McHenry, Illinois 60050 MCLAda 7� 1 Phone: (815) 363-2160 � Fax: (815) 363-3119 www.ci.mchenry.il.us/park—recreation AGENDA SUPPLEMENT DATE: April 16, 2018 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Miller Riverfront Park Boat Launch Rules and Fee Structure ATT: Proposed Rules and Fees for the Miller Riverfront Park Boat Launch Copy of amended sections of the Municipal Code Chapter 16 Proposed Ordinance amending Municipal Code Chapter 16 Proposed Ordinance amending Chapter 13, Traffic and Motor Vehicle Code Agenda Item Summary: The last step in the Miller Riverfront Park Boat Launch process is the adoption of the rules governing the facility and the fee structure for both daily and season launch passes. The proposed rules are attached and include daily launch fees of $25/launch for residents (including Johnsburg and Lakemoor) and $30/launch for non-residents. Season passes are set up similarly with a resident fee of $150/season (including Johnsburg and Lakemoor) and $180/season for non-residents. These fees will become part of the Municipal Code. Background: The only motorized launch that the City of McHenry maintains in the Parks inventory is the Lakeland Park Boat ramp. There are no fees charged for this launch nor are there rules that are in place to govern the launch other than a horsepower limit and a dusk to dawn hours of operation. The newly constructed launch has had the department identify costs and regulations of a number of launches along the Fox River and Chain O'Lakes well as in other parks departments and districts. The compiled information has been assembled and attached for City Council review and subsequent approval if there is consensus in anticipation of a May 1st opening day for the launch. Analysis. The proposed rules and regulations attempts to cover all the scenarios that could be presented to patrons looking to utilize the launch. Parks hours of operation are typically dawn until dusk; however these hours do not correspond with the fishing and boating community's desires or typical use. The lights in the park and on the launch when finalized will create the safest environment and allow for expansion of the hours at Miller Riverfront Park from 6am —10pm. Numerous other standard operation procedures of the launch are covered in the proposed rules; also included is the specific verbiage in the Illinois Boat Registration and Safety Act Digest regarding the ages to be able to operate a motorized boat. Two other areas of note in the proposed rules are the launch hours for personal watercraft such as wave -runners and jet skis, beginning at 9 am and ending at dusk and, no swimming allowed at the facility. Fee recommendations: • Resident Daily Launch (including Johnsburg and Lakemoor) $25/day • Non-resident Daily Launch $30/day • Resident Season Pass (including Johnsburg and Lakemoor) $150/season • Non-resident Season Pass $180/season It is important to note that Johnsburg and Lakemoor residents are included at the same rate as City of McHenry residents due to the intergovernmental cooperation and corresponding agreements that ultimately made this launch a reality. Daily and season pass requirements and parking hours, will be enforced by McHenry Police pursuant to the Traffic and Motor Vehicle Code. RECOMMENDATION: If Council concurs, it is recommended a motion is made to approve the hours of operation for the Miller Riverfront Park Boat Launch and to approve the proposed fees of $25/day for resident boat launch, $30/day for non-resident boat launch, $150/season for a resident pass and $180/season for a non-resident pass and to adopt Ordinances amending Chapter 16 of the Municipal Code and Chapter 13 of the Traffic and Motor Vehicle Code as presented. Numerous other standard operation procedures of the launch are covered in the proposed rules; also included is the specific verbiage in the Illinois Boat Registration and Safety Act Digest regarding the ages to be able to operate a motorized boat. Two other areas %J note in the proposed rules are the launch hours for personal watercraft such as wave -runners and jet skis, beginning at 9 am and ending at dusk and, no swimming allowed at the facility. Fee recommendations: • Resident Daily Launch (including Johnsburg and Lakemoor) $25/day • Non-resident Daily Launch $30/day • Resident Season Pass (including Johnsburg and Lakemoor) $150/season • Non-resident Season Pass $180/season It is important to note that Johnsburg and Lakemoor residents are included at the same rate as City of McHenry residents due to the intergovernmental cooperation and corresponding agreements that ultimately made this launch a reality. Daily and season pass requirements and parking hours, will be enforced by McHenry Police pursuant to the Traffic and Motor Vehicle Code. RECOMMENDATION: If Council concurs, it is recommended a motion is made to approve the hours of operation for the Miller Riverfront Park Boat Launch and to approve the proposed fees of $25/day for resident boat launch, $30/day for non-resident boat launch, $150/season for a resident pass and $180/season for a non-resident pass and to adopt Ordinances amending Chapter 16 of the Municipal Code and Chapter 13 of the Traffic and Motor Vehicle Code as presented. Miller Riverfront Park Boat Launch Rules The following regulations will be implemented by the McHenry Parks and Recreation Department during hours of operations to insure that all boat launch users will be able to use Miller Riverfront Boat Launch problem free. At the time of purchase each season pass holder is asked to read the following regulations and sign a form (the registration form) that they are aware, understand and will follow the rules when launching their vessel: Miller Riverfront Boat Launch is for the exclusive use of individuals participating in boating and sailing activities. NO SWIMMING IS ALLOWED AT Miller Riverfront Park! Miller Riverfront Park and Boat Launch are an unsupervised facility. Miller Riverfront Boat Launch hours are 6:OOam till 10:00pm. Motorboats must be attended byowner/passenger at all times when in the launch. The McHenry Parks and Recreation Department nor the City of McHenry are not responsible for any damages. Motorboats are required to have boat fenders present on the port or starboard side when launching and docking. Motorboats are required to have two (2) boat lines when launching and docking. Personal watercraft (PWC), such as wave runners and jet skis, hours are restricted to 9:OOam till dusk seven (7) days a week. In compliance with the Illinois Boat Registration and Safety Act Digest, age of operations of personal watercrafts as well as power boats will be as follows: • No persons under the age of 10 may operate a motorboat or PWC. • Persons at least 10 years of age and less than 18 years of age may operate a motorboat only if they are accompanied on the motorboat and under the direct control of a parent or guardian, or a person at least 18 years of age designated by a parent or guardian. • Persons at least 12 years of age and less than 18 years of age may, however operate a motorboat or PWC if they are in possession of a Boating Safety Certificate issued by the Department of Natural Resources Office, Division of Education, or a valid certificate issued by another state, a province of the Dominion of Canada, the U.S. Coast Guard Auxiliary or the U.S. Power Squadron. Individuals who do not follow the above age rules will be subject to having their pass suspended or revoked by the McHenry Parks and Recreation Department. When returning to the launch, exiting boats have the right away. Refueling of personal watercrafts will not be allowed on City of McHenry properties. All personal watercraft users must wear Coast Guard approved life jackets. All personal watercraft and motorized vessels must have a fire extinguisher present. Non -Motorized and motorized vessels, besides personal watercrafts, are required to purchase a single launch for the appropriate daily fees or a season pass for unlimited launches. A season pass or daily fee is required for all vessels. Daily launch fees are as stated; $25/launch for residents of the city of McHenry, the village of Johnsburg and the village of Lakemoor; $30/launch for all other non-resident users. Daily use passes can be purchased on site. Patrons are to utilize the automated pay station and display the receipt in the windshield of the tow vehicle. Season Passes are available for purchase as the McHenry Recreation Center at 3636 Municipal Drive during regular business hours. Season pass fees are as stated; $150/season for residents of the city of McHenry, the village of Johnsburg and the village of Lakemoor; $180/season for all other non-resident users. Season pass proof must be affixed to the neck of the boat trailer. All season passes are non-refundable and non -transferable. AMENDED SECTIONS OF MUNICIPAL CODE CHAPTER 16 Sec. 16-20.1. Unlawful boat docking. It shall be unlawful for any person to dock any boat between sunset and sunrise at any of the following locations: (a) Walsh Park frontage on Boone Creek; (b) Weber Park frontage on the Fox River; (c) City Beach properties fronting on McCullom Lake; (d) Miller Riverfront Park Boat Launch: Motorboats 6:00 AM to 10:00 PM. Personal Watercraft 9:00 AM to Dusk. Sec. 16.22.1 Miller Riverfront Park Boat Launch Swimming Forbidden. Miller Riverfront Park and Boat Launch is for the exclusive use of individuals participating in boating and sailing activities. Swimming is forbidden. Sec. 16-42. Park closing hours. A. The closing hours for each individual park shall be as follows: NAME OF PARK CLOSING HOURS 1. Althoff Park Dusk .2. Boulder Creek Dusk 3. Brookside Trail Dusk 4. Center Street Park Dusk 5. Cold Springs Park Dusk 6. Creekside Park Dusk 7. East Beach Park Dusk 8. Fox Ridge Park 10:00 P.M. 9. Freund Park 10:00 P.M. 10. Green Street Park Dusk 11. Jaycees Park Dusk 12. Kiwanis Tot Lot Dusk 13. Knox Park 10:00 P.M. 14. Lakeland Park Dusk 15. Lakeland Park Boat Launch Dusk 16. Liberty Trails Park Dusk 17. Malibu Playground Dusk 18. McHenry Shores Beach Dusk 19. Miller's Riverfront Park Dusk10:00 PM 20. Millstream Subdivision Beaches Dusk 21. Neumann Park 10:00 P.M. 22. North Oak Park Dusk 23. Overton Park Dusk 24. Pebble Creek Park Dusk 25. Petersen Park 10:00 P.M. 26. Pheasant Valley Park Dusk 27. Riverside Hollow Park Dusk 28. Rotary Park 10:00 P.M. 29. Shamrock Farm Park Dusk 30. Veteran's Memorial Park 10:00 P.M. 31. Walsh Park 10:00 P.M. 32. Weber's Park Dusk 33. West Beach Park Dusk 34. Wheeler Park Dusk 35. Whispering Oaks Park Dusk (E) (Reseed) Miller Riverfront Park Boat Launch Hours Resident/Non-Resident Fees. Residents of the City of McHenry, Village of Lakemoor and Village of Johnsburg shall pay Resident Fees. SEASON PASS OR DAILY FEE REQUIRED FOR ALL VESSELS Resident Launch Fees (all watercraft) Daily $25 Season Pass $150 Non Resident Launch Fees (all watercraft) Daily $30 Season Pass $180 (F) Daily/Season Passes. Daily Pass Receipts must be clearly visible and placed on the front windshield in the lower right hand corner of the driver's position. Season Pass Stickers must be properly displayed, clearly visible, and affixed to the neck of the trailer. (G) Penalties. Any vehicle or trailer parked in Miller Riverfront Park Boat Launch without a valid Daily Pass Receipt or Season Pass Sticker, or during hours when the park is closed shall be issued a citation according to Chapter 13 of the City of McHenry Traffic and Motor Vehicle Code. ORDINANCE NO. MC-18-1866 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY OF MCHENRY MUNICIPAL CODE CHAPTER 16, PARKS AND RECREATION RELATING TO MILLER RIVERFRONT PARK BOAT LAUNCH 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. WHEREAS, it is the opinion of the corporate authorities of the City of McHenry, to amend various sections of Chapter 21, PARKS AND RECREATION, of the McHenry Municipal Code establishing Miller Riverfront Park Boat Launch Regulations, Hours of Operation, and Launch Fees; and WHEREAS, the McHenry City Council authorized an Intergovernmental Agreement on June 20, 2016, between the City of McHenry, Village of Johnsburg, and Village of Lakemoor to allow residents of Lakemoor and Johnsburg use of the Miller Riverfront Park Boat Launch on the same basis as that of the City's own residents for so long as the City operates a public boat ramp; and WHEREAS the McHenry City Council has adopted these amendments to ensure all users of the Miller Riverfront Park and Boat Launch use and enjoy the facilities in a safe and law abiding manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLIN"IS, the following amendments shall be adopted into Chapter 16 of the Municipal Code: SECTION 1: Sec. 16-20-1. Unlawful boat docking. (d) Riverfront Park Boat Launch: Motorboats 6:00 AM to 10:00 PM; Personal Water Craft, 9:00 AM to Dusk. SECTION 2: Sec. 16.22.1. Miller Riverfront Park Boat Launch Swimming Forbidden. Miller Riverfront Park and Boat Launch is an unsupervised facility for the exclusive use of individuals participating in boating and sailing activities. Swimming is forbidden. SECTION 3: Sec. 16-42 Park closing hours. 19. Miller's Riverfront Park 10:00 PM SECTION 4: (E) Miller Riverfront Park Boat Launch Hours, Resident/Non-Resident Fees. All residents of the City of McHenry, Village of Lakemoor and Village of Johnsburg are eligible for Resident fees. (Ref. Intergovernmental Agreement dated 6/20/2016.) SEASON PASS OR DAILY FEE REQUIRED FOR ALL VESSELS VALID MAY 1 THRU APRIL 30 — FEES NOT PRORATED Launch Fees for Residents (all watercraft) Daily $25 Season Pass $150 Non Resident Launch Fees (all watercraft): Daily $35 Season Pass $180 (F) Daily/Season Passes. Daily Pass receipt shall be placed on windshield inside driver's side of vehicle in a visible area. Season Pass Sticker shall be affixed to the neck of the trailer and clearly visible when parked. Season Passes are non- transferable and non-refundable. (G) Penalties. Any vehicle or trailer parked in Miller Riverfront Park Boat Launch without a valid Daily Pass Receipt that is clearly visible and placed on the front windshield in the lower right hand corner of the driver's position; or Season Pass Sticker properly displayed and clearly visible that is affixed to the neck of the trailer, shall receive a citation as regulated in Chapter 13 of the City of McHenry Traffic and Motor Vehicle Code. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHENRY, Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. APPROVED and ADOPTED this W' day of APRIL 2018. Voting Ave: Voting Nay: Absent: ATTEST: Mayor Deputy City Clerk ORDINANCE NO. MC-18-1168 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13 TRAFFIC AND MOTOR VEHICLE CODE OF THE CITY OF MWENR Y MUNICIPAL CODE 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. WHEREAS, it is the opinion of the corporate authorities of the City of McHenry, to amend various sections of Chapter 13 of the Traffic and Motor Vehicle Code establishing Miller Riverfront Park Boat Launch parking regulations; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHENRY to amend Article VI of the Traffic and Motor Vehicle Code to include parking regulations for the Miller Riverfront Park Boat Launch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, to amend Chapter 13, Section 13-624 and 13- 1008, Traffic and Motor Vehicle Code to include the following language: SECTION 1: 13-624 MILLER RIVERFRONT PARK BOAT LAUNCH PARKING. (a) Any vehicle or trailer parked in Miller Riverfront Park Boat Launch is required to display a valid Daily Receipt clearly visible and placed on the front windshield in the lower right hand corner of the driver's position or Season Pass Sticker that is properly displayed, clearly visible and affixed to the neck of the trailer. (b) No Parking shall be permitted in the park between 10:00 PM and 6:00 AM daily. 13-1008, VOLUNTARY SETTLEMENTS REGARDING CERTAIN ORDINANCE VIOLATIONS, Table A. SECTION OFFENSE SETTLEMENT PENALTY FOR FIRST OCCURRENCE IF PAID: WITHIN 30 DAYS AFTER 30 DAYS OF VIOLATION FOLLOWING VIOLATION 13-624 a Daily/Season Pass $50.00 $100 13-624 b Overtime Parkin $50.00 $100 SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHENRY, Illinois. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. APPROVED and ADOPTED this 16' day of APRIL 2018. Voting Aye: Voting Nay: Absent: ATTEST: Deputy City Clerk Mayor