HomeMy WebLinkAboutPacket - 06/03/2019 - City CouncilThe 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.
AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, June 3, 2019
1.Call to Order.
2.Roll Call.
3.Pledge of Allegiance.
4.Proclamation: Declaring June 21-28 as Bicycle Week in the City of McHenry
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.Simplified Municipal Telecommunications Tax Ordinance;
B.Block Party Request for St. Patrick Church, 3500 Washington Street, on Sunday, June 23, 2019
between 7:00am and 5:00pm.;
C.Appointments to City Council Committees;
D.Parks & Recreation Facilities Alcohol and Special Use Permit Requests;
E.May 20, 2019 City Council Meeting Minutes;
F.Issuance of Checks in the amount of $114,707.38.
7.Individual Action Item Agenda.
A.Motion to approve a Conditional Use Permit to allow the outside storage of vehicles in
conjunction with a towing operation at 4564 Bull Valley Road.
B.Motion to approve the issuance of a Class A Liquor License to Whiskey Straight LLC, located
at 3932 Main Street, McHenry, Illinois.
C.Motion to approve and authorize the execution of a Development Agreement and Release of
Letter of Credit and Annexation Agreement Obligations between the City of McHenry and
Thelan Sand & Gravel, Inc.
D. Motion to approve and authorize the execution of a Letter of Intent with Leopardo Companies,
Inc. for the Completion of a Capital Program Audit to identify cost savings for reinvestment to
address the City’s capital improvement and equipment needs.
8. Discussion Only Items.
9. Executive Session.
A. Pending Litigation
B. Property Disposition
C. Review of Executive Session Minutes
10. Individual Action Item Agenda Continued
E. Motion to a) pass a Resolution approving Executive Session meeting minutes as presented; b)
authorize the release of Executive Session meeting minutes as presented; and c) the destruction
of any Executive Session recordings that have existed for more than 18 months and for which
the minutes of that meeting have been approved. (this item is not to be passed unt il after
Executive Session)
11. Staff Reports.
12. Mayor’s Report
13. City Council Comments.
14. 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 -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.
PROCLAMATION
PROCLAMATION DECLARING JUNE 21-28, 2019, AS CITY OF MCHERNY BICYCLE WEEK
WHEREAS, the bicycle is an environmentally-sound, economical, and effective means of
personal transportation, recreation, and exercise; and
WHEREAS, use of the bicycle for personal transportation benefits residents of the City of
McHenry by reducing traffic, reducing carbon emissions, improving air quality, and decreasing
dependence on finite fossil fuel energy sources; and
WHEREAS, use of the bicycle for recreation encourages families and friends to spend time
together outdoors enjoying city parks, McHenry County Conservation District properties, trails, and quiet
residential neighborhoods; and
WHEREAS, use of the bicycle for exercise provides adults and children can have positive health
benefits including decreasing body fat levels, increasing cardiovascular fitness, increasing muscle
strength, and decreasing stress levels; and
WHEREAS, the City of McHenry endeavors to promote safe and responsible bicycling; and
WHEREAS, there is a need for all motor vehicle drivers and bicyclists to be better educated
regarding traffic laws and bicycle safety.
NOW, THEREFORE BE IT PROCLAIMED, by this City Council of the City of McHenry, Illinois
that the week of June 21 to June 28, 2019, is hereby designated City of McHenry Bicycle Week and all
residents are encouraged to enjoy riding bicycle in a safe and responsible manner.
BE IT FURTHER PROCLAIMED, that all motor vehicle drivers and bicyclists are encouraged to
participate in the Illinois Bicycle Safety Quiz Challenge available at www.bikesafetyquiz.com.
BE IT FURTHER PROCLAIMED, that the City Clerk of the City of McHenry is hereby authorized
to spread a copy of this proclamation upon the records of the City of McHenry.
DATED at the City of McHenry, Illinois, this 3rd day of June, A.D., 2019.
_______________________________
Mayor, Wayne Jett
_________________________________
Deputy City Clerk, Monte Johnson
Administration
Clerk’s Office
333 S Green St
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2128
www.ci.mchenry.il.us
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: June 3, 2019
TO: Mayor and City Council
FROM: Monte Johnson, Deputy City Clerk
RE: Passage of Simplified Municipal Telecommunications Tax
ATT: Proposed Ordinance
______________________________________________________________________________
AGENDA ITEM SUMMARY:
The purpose of this consent agenda item is to pass and repeal a telecommunications tax.
BACKGROUND/ANALYSIS:
The Council passed Ordinance No MC-19-1185 on January 21, 2019. After submitting this
ordinance to the Illinois Department of Revenue, one of their attorneys wanted to change some
wording to the ordinance that was presented to and passed by the City of McHenry. This new
ordinance does not change anything that was passed (other than technical wording), and the
intent of the ordinance has stayed the same. The attorney for the Department of Revenue
suggested the changes and advised the City of McHenry to repeal the old ordinance and pass this
ordinance as presented.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to pass the Ordinance
as attached.
Ordinance No. MC-19-XXXX
An Ordinance Amending Chapter 23 “Taxation” Article VI “Simplified Municipal
Telecommunications Tax” of McHenry Municipal Code, within the City of McHenry,
Illinois
WHEREAS, this municipality desires to change the rate of its Simplified Municipal
Telecommunications Tax pursuant to the Simplified Municipal Telecommunications Tax Act (35
ILCS 636/5-1 et seq.);
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois that:
Section 1. Tax imposed. A simplified municipal telecommunications tax is hereby
imposed upon the act or privilege of originating in the municipality or receiving in the
municipality intrastate or interstate telecommunications by a person at the rate of 3% of the gross
charges for such telecommunications purchased at retail from a retailer, in accordance with and
subject to the provisions of the Simplified Municipal Telecommunications Tax Act (5 ILCS
636/5-1 et seq.).
Section 2. Illinois Department of Revenue to administer. The tax hereby imposed
shall be collected and enforced by the Department of Revenue of the State of Illinois. The
Illinois Department of Revenue shall have full power to administer and enforce the provisions of
the Ordinance.
Section 3. Clerk to file Ordinance with Illinois Department of Revenue. The
Municipal Clerk is hereby directed to file a certified copy of this Ordinance with the Illinois
Department of Revenue prior to March 20, 2019.
Section 4. Effective date. The Ordinance shall be in full force and effect from and after
its passage and approval and publication in pamphlet form as required by law, provided,
however, that Section 1 of this Ordinance shall take effect for all gross charges billed by
telecommunications retailers on (i) the first day of July next following the adoption and filing of
this Ordinance with the Department of Revenue, if filed on or before the preceding March 20 th or
(ii) the first day of January next following the adoption and filing of this Ordinance with the
Department of Revenue, if filed on or before the preceding September 20 th.
Section 5. Repeal of conflicting provisions. All ordinances and resolutions, or parts
thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict,
expressly repealed on the effective date of Section 1 of this Ordinance.
Section 6. Publication. This ordinance shall be published in pamphlet form by and
under authority of the City of McHenry, McHenry County, Illinois.
Passed this 3rd day of June, 2019.
Ayes Nays Absent Abstain
Alderwoman Baehne ____ _____ _____ _____
Alderman Devine ____ _____ _____ _____
Alderman Glab ____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
APPROVED:
Mayor Wayne Jett
(SEAL)
ATTEST:
Deputy Clerk Monte Johnson
Passed:
Monte Johnson
Deputy City Clerk
333 S Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
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.
CONSENT AGENDA ITEM
DATE: June 3, 2019
TO: Mayor and City Council
FROM: Monte Johnson
RE: Block Party Request
ATT: Application
AGENDA ITEM SUMMARY:
The following Block Party application has been submitted for consideration by Council:
Washington Street: An application has been submitted by St. Patrick Church, located at 3500
Washington St, for the purpose of holding a block party on Sunday, June 23rd, between 7:00
a.m. and 5:00 p.m. They are requesting temporary closure of Washington Street from Court
Street to Green Street.
The Public Works Department and Police Department have reviewed the application and have
no issues with the request.
BACKGROUND/ANALYSIS:
The City of McHenry allows block parties on all residential streets providing that they do not
block intersections, cul-de-sacs or other roadways. To schedule a block party, city residents
obtain a permit application online or at the Municipal Center and return it to the City
Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers
(sawhorses) that are dropped off and picked up by Public Works can be used to control traffic.
Blocking streets with vehicles is prohibited.
RECOMMENDATION:
Therefore, if Council concurs, then it is recommended a motion be made to approve the block
party request as presented. Public Works will provide barricades and the McHenry Township
Fire Protection District and Police Department will be notified of the event.
May.13, 2019 4:05PM
No, 6488 P. 2
Application submitted
Street Address:
bate Submitted
Block Parly Permit Application
Revised 01119
°ri�Ia Adn►rnc� I Gil
NOTE:
PLEA$P, $UPkIIT}'pUR.1PPL[CAT(ON TO 7aEA0511N151RAT[ON pFFICE
AT LEAST 50AA1'S PRIOR 1Q ll,i7•E 011 PROPOSIDIiLOCKPAMY
Date ofBlookParty; 7unt a3`�
20�
Hours ofPlaposed Street Closure; % : 00 � a.n ,/p,tn, until �5 : o Q�a.m.( ,m
Subdivision Name:
Specific Location of Proposed Stt'eet Closure (i.e. from what intersectiolL to .what intel'seetion):
Caltact Persou(s);
URCH
Contact Persou(s) Address: Sab W i{5Y11Y1 Email: '(�Qt�
T hereby ceilify of l persons in my ne hborilod impacted by the closure of this street have been ,J
notified of sane / /I
UPON COMPLETION, PLEASE SUBMIT APPLICATIpN TO;
CITY OF1YIcIIENRY
ADIIIINISTRATION ORRICE
333 SOUTH GREEN STREET
MCHENRY IL 60050
OR FAX: 815.363.2119
ORE -MAIL (linen dows@a ci,Imclionlq,iLas
QRIiICE USE ONLY
COUNCII,APPROVALON; / / 1�OTIFICATIONMADETO:
❑ MCIIENRYPOLICSDEPT,
Q MCHENRY PUBLIC WORKS STREET DIVISION
❑ MCHTOwNSHIPFIRE PROTECTION DISTRICT
11
APPLICANT
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
CONSENT AGENDA ITEM
DATE: June 3, 2019
TO: City Council
FROM: Wayne Jett, Mayor
RE: City Council Committee Appointments for Consent Approval
The purpose of this agenda item is for Council consideration and consent of City Council Committee
appointments for the period June 3, 2019 through April 30, 2020 as follows:
Public Works Committee (Staff Liaison - Troy Strange)
Alderman Vic Santi, Chair
Alderman Andy Glab
Aldeman Chad Mihevc
Parks and Recreation Committee (Staff Liaison - Bill Hobson)
Alderman Jeff Schaefer, Chair
Alderwoman Bobbi Baehne
Alderman Pat Devine
Community Development Committee (Staff Liaison – Ross Polerecky)
Alderman Pat Devine, Chair
Alderwoman Bobbi Baehne
Alderwoman Sue Miller
Finance and Personnel Committee (Staff Liaison – Carolyn Lynch)
Alderman Chad Mihevc, Chair
Alderwoman Sue Miller
Alderman Jeff Schaefer
As discussed and agreed by Council, the purpose of committees will be to meet upon referral of a specific
topic by City Council, or upon request based on an identified need for input and direction by City Staff.
If Council concurs, then it is recommended that the list of City Council Committee appointments be
approved by consent of the City Council.
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
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.
CONSENT AGENDA SUPPLEMENT
DATE: June 3, 2019
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.
FOR COUNCIL MEETING ON JUNE 3, 2019
Shelter Rental Alcohol Permits
These are alcohol permit requests associated with shelter rentals
Date Applicant Address Park Purpose
06-15-19 Susan Dorwaldt 4702 W Northfox Ln #3 PP A Class Reunion
Special Use Permits
These are special use permit requests associated with shelter rentals
Date Applicant Address Park Special Use
06-30-19 Danielle Rehberg 1609 Castlebar Rd Vets Park Bounce House
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
McHenry Parks & Recreation
( • • Shelter, Alcohol & Special.Use Permit Application
MICH�nry
Application Date: 5— 01 19
n 7
Rental Date: Sf}} rU R.i%��/ 7U/J� 1 S � t7 19 Rental Time: / �Od — n Q "^
Name of Applicant: S<rsflA) Date of Birth: /
Group(Organization(ffapplicable):SM%-(,; Q. �HOOC C(Aa CU,Vu:pN
Address: L(�pa W AxeFF W : City/State/Zip: MrYE,✓J2Y L� /oWSO
Home Phone:
Event Title/Activity: MASS 2fdd/1OFrdj Attendance: a5=•S�.
List all activities to be hel& L/OL[E/ %SQLC— 3A640:5 -
SHELTER: ❑Knox ShelterA I�'Petersen ShelterA ❑Petersen Shelter C ❑Veterans Shelter
❑ Knox Shelter B ❑ Petersen Shelter B ❑ Veterans Gazebo ❑ Other
WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee)
BEERIWINE: (at least 4 weeks notice needed)
Type of Alcohol to be Served: ❑ None � Wine :4beer NO OTHER ALCOHOL ALLOWED
i
Amount of Alcohol: WlneBottles# Beer Cases# Z Beer Kegs#
SPECIAL USE: (at [east 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 # ❑ Chairs # ❑Benches# ❑Wedding Arch
❑ Performer ❑ Music: o DJ o Band ❑ Carnival Rides ❑ Animals
❑ Catered Pig Roast
❑ Other
OTHER: Groups cr
DAMAGE PEP: Credit Cal
Signature
Approval will be based on the Items listed above. Any other requests aresubjectto further approvah If applicable, health permits are
required by Iawfor concessions and catering. Please make armngementrto obtain permitr.McHenry County bepartment 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 underthis permit issued
pursuant to this application is expressly prohibited. I also understand that notcomplyingwith 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 injuryto person or
property occurring as a result of the activity sponsored by penorittee and said person shall be liable to the City of McHenryfor any and all damage to
parks, recreationfacilitles and equipment owned by same, which resultsfrom or duringthe 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 Recreation Shelter Guidelines.
McHenry Parks & Recreation
Shelter, Alcohol & Special. Use Permit Application
MCH ax +Y;Vr,
- �y, Application Date: J
Rental Date: �,Q_1. \C\ Rental Time: �
Group/Organization (if applicable):
Home Phone: �� l
List all activities to be held:��
SHELTER: ❑ Knox ShelterA ❑Petersen ShelterA ❑Petersen Shelter C 2Neterans Shelter
❑ Knox Shelter B ❑Petersen Shelter B ❑Veterans Gazebo
WEDDfNG: ❑Rails removed at Veterans Memorial Park 0$25 fee)
BEERIWINER. (at least 4 weeks notice needYine
Type of Alcohol to be Served: one ❑Wjne ❑Beer NO OTHER ALCOHOL ALLOWED
Amount of Alcohol: Bottles# Beer Cases# Beer Kegs#
SPECIAL USE: (at feast 4 weeks notice needed)- Equipment provided by renter
❑ Tent Bounce House Location:
Applicant to call JULIE (t-Boo-892-o723) for staking of Tents and Bounce Houses
❑ Tables #
LiPerformer
❑ Catered Pig Roast
❑ other
OTHER: Grout
DAMAGE DEP: Credi
Signa
❑ Chairs #
❑ Music: ❑ DJ o Band
Ioiiat'L$.f,J
❑ Carnival Rides
Li Wed
Arch
❑ Animals
Approval Will be based on the Items listed above.Any other requests are subJedto further approval. If appliable, health pennitr are
required by lawfor roncessions and catering. Please make arrangementrto obtain permits. McHenry County Department of Health: St5334-4585
I agree all alcohol cordainerswll be removed byapplicant or placed in proper containers on sfte 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, pursuantto this application will be sold, it being understood that the sale of alcohol underthis 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 McH enry 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 Recreatlo Shelter Guidelines.
City Council
Meeting Minutes
May 20, 2019
Page 1
City Council Meeting
May 20, 2019
Call to Order
The City Council of the City of McHenry, Illinois, met in regular session on Monday, May 20, 2019,
at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL.
Roll Call
Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab,
Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderw oman
Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim
Director of Public Works Strange, Director of Community Development Polerecky, Finance
Director Lynch, and Chief of Police Birk.
Pledge of Allegiance
Mayor Jett proceeded to lead those present in the Pledge of Allegiance .
Proclamation
Mayor Jett read a prepared proclamation proclaiming June 12, 2019, as William Pondel Day.
Recognition
Chief of Police Birk recognized the accomplishments of McHenry Police Officer Larry Popp and
the retirement of Canine Officer Duke. Handlers and canine officers of other entities were on
hand as well to show their support and recognition of Officer Popp and Duke.
Public Comment
Mayor Jett asked if there were any comments from the public in attendance, and there were
none.
Consent Agenda:
Motion to Approve the Following Consent Agenda Items:
A. An Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the
Installation or Use of Potable Water or by Any Other Method Within a Certain Area in the
City of McHenry;
B. A Resolution and Bill of Sale Approving a Transfer of Ownership of Canine Officer Duke
from the City of McHenry to Officer Larry Popp;
C. Approval of a Three (3) Year Professional Services Contract for Auditing Services with
Eder, Casella and Company in the amount of $130,875;
City Council
Meeting Minutes
May 20, 2019
Page 2
D. Award of Bid for the 2019 Crack Sealing Maintenance Program to SKC Construction, Inc.
in the amount of $24,700;
E. Waiving of Competitive Bids and Award of Bid for 2019 Street Sweeping Services to
Lakeshore Recycling Systems in the amount of $79,695;
F. May 6, 2019 City Council Meeting Minutes;
G. Issuance of Checks in the amount of $1,291,250.38;
H. As Needed Checks in the amount of $151,376.94.
No members of the Council wished to remove any items from the consent agenda for separate
consideration. A motion was made by Alderman Schaefer and seconded by Alderman Santi to
approve consent agenda items A-H as presented. There being no further discussion on the
motion Deputy Clerk Johnson called the roll. Roll Call: Vote: 7-ayes: Alderman Schaefer,
Alderman Santi, Alderman Glab, Alderwoman Baehne; Alderman Mihevc, Alderman Devine,
Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda
Motion to approve an Ordinance Amending Chapter 14, Section 14-36 Alcoholic Beverages, and
Chapter 4 Alcoholic Liquor, to allow for the creation of a “Bring Your Own Alcohol” Liquor
License.
Alderman Santi questioned if they would be able to obtain a gaming license since this is not a full
license or a pour license. Chief Burke stated that they are not eligible for gaming. Alderman Glab
asked if there would be a limit to the number of licenses, and Chief Burke explained that only
two would be issued each year. The Chief also explained that currently there is no way to enforce
this through the City’s code, and there is a need to regulate businesses allowing patrons to bring
alcohol on site. This type of license would be similar to the special events license in that the
Mayor would have the ability to approve licenses without bringing them to Council for approval.
It was debated if the licenses would come before the Council at renewal time each year, and it is
believed that they would.
Alderman Schaefer stated that he would like the issuance of licenses become a public record, and
it was agreed that if a license is issued it would be identified in the Mayor & Council Report
section of the agenda. Although there was some discussion that the wording of the o rdinance
may need to be changed, it was decided that the ordinance could be passed as presented and
amended later if needed. A motion was made by Alderwoman Baehne and seconded by
Alderwoman Miller to approve the ordinance Amending Chapter 14, Section 14-26 Alcoholic
Beverages, and Chapter 4 Alcoholic Liquor, to allow for the creation of a “Bring Your Own
Alcohol” Liquor License. Roll Call: Vote: 7-ayes: Alderwoman Baehne, Alderwoman Miller,
Alderman Devine, Alderman Mihevc, Alderman Schaefer, Alderman Glab, Alderman Santi. 0-nays,
0-abstained. Motion carried.
Ordinance Amending the FY19/20 Budget, Account 100.22.8300, in the Amount of $27,109.88
City Council
Meeting Minutes
May 20, 2019
Page 3
for the Purchase of a Replacement Police Vehicle and Related Equip ment; and, Authorization
to Purchase One 2019 Ford Interceptor Utility from Buss Ford in an amount not to exceed
$32,165.00 and the Purchase and Installation of Vehicle Equipment from Ultrastrobe, Inc. at a
cost not to exceed $8,621.36.
Chief Burke explained that a marked patrol vehicle was damaged beyond repair, and there is a
need to replace it. Because the vehicle is being purchased through the State’s joint purchase
program, this meets the requirements of the bidding process. A motion was made by Alderman
Santi and seconded by Alderman Schaefer to pass the Ordinance Amending the FY19/20
Budget, Account 100.22.8300, in the Amount of $27,109.88 for the Purchase of a Replacement
Police Vehicle and Related Equipment; and, Authorization to Purchase One 2019 Ford
Interceptor Utility from Buss Ford in an amount not to exceed $32,165.00 and the Purchase
and Installation of Vehicle Equipment from Ultrastrobe, Inc. at a cost not to exceed $8,621.36.
Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne,
Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Motion to approve a Revocable License Agreement between the City of McHenry and Pedal
and Pour, Inc.
Alderman Santi asked if this agreement was just for one pedal boat . It was explained that this
does authorize one pedal boat and it would be necessary to come back to Council to add a second
pedal boat. A motion was made by Alderman Santi and seconded by Alderman Glab to approve
a Revocable License Agreement between the City of McHenry and Pedal and Pour, Inc.
Roll call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderwoman Miller, Alderman Devine,
Alderman Mihevc, Alderwoman Baehne, Alderman Schaefer. 0-nays, 0-abstained. Motion
carried.
Conditional Use Permit for an Assembly Use and Variances for the property located at 4724
and 4716 W. Crystal Lake Road (McHenry High School, West Campus).
City Administrator Morefield explained that this topic calls for a conditional use permit and three
variances. This went before the Planning and Zoning Commission with unanimous approval. In
addition to the information in the meeting packet, the Council received responses to concerns
brought up by some Council members on various topics. A consulting team from Gewalt
Hamilton Associates was present on behalf of District 156 to answer questions.
Many issues were discussed at length including the salt dome structure, the plants and
landscaping, the drainage area by the pond, a drainage ditch agreement between the school and
the City, the size of the retention pond, a tree with a safety issue, the location of the tennis courts,
a drainage easement with 39 lots, the possibility of adding a traffic light, and driving issues on
Crystal Lake Road and the surrounding subdivisions.
City Council
Meeting Minutes
May 20, 2019
Page 4
Alderwoman Miller thanked the representatives from Gewalt Hamilton Associates for their
presentation. She also sat in on the presentation with Planning and Zoning. She expressed desire
to change to direction and tone of the meeting and thanked the consultants for their work.
In regards to the traffic light, Alderman Glab stated that IDOT should be contacted and should
help determine if a light is needed. He said he has been in touch with State Senator Wilcox and
would like to have a meeting set up between the City, IDOT, and the School District. Lynn Means
of Gewalt Hamilton Associates said that the criteria for installing the light fall from the federal
levels, and IDOT would not approve an installation of street lights until those criteria are
warranted. The school district previously stated that they would pay for the installation of a light
if and when the light is warranted.
During the discussion about the water runoff and the drainage easements, Director of
Community Development Polerecky stated that there would be no more runoff coming from the
school property as there is now. He is willing to identify issues with the easeme nts for the 39 lots
near the school property.
School Superintendent Ryan McTague was present and expressed is commitment to work with
the City. He feels there is a great relationship with the school, the City, and the Police
Department. Although things are difficult with one ingress/egress during the 15 minute windows
before and after school, efforts are being made to minimize the impact on driving. He stated that
school gets out in a week and a half and school needs to open in the fall. Things need to move
forward to make improvements. He is willing to meet with whomever is necessary to get things
worked out.
Alderwoman Miller believes things need to move forward so that the project is not held up.
Alderwoman Baehne stated that this is an exciting time for the school district and the kids, and
wishes her kids had these opportunities when they were in school.
City Attorney McArdle suggested a motion be made but with stipulations stated in the motion to
help ease some of the concerns by Council members. A motion was made by Alderwoman Miller
and seconded by Alderwoman Baehne to approve the Conditional Use Permit for an Assembly
Use and Variances for the property located at 4724 and 4716 W Crystal Lake Road (McHenry
High School, West Campus), subject to the following conditions to be satisfied within 60 days:
1) the execution of an intergovernmental agreement regarding the timing and payment of costs
for a future installation of a traffic light on Crystal Lake Road; 2) Confirmation to the satisfaction
of the City Council of the adequacy of the storm drainage easement along Kensington to the
south of the school; 3) the site constructed in substantial compliance with the site plans
presented tonight with a revised date of May 20, 2019; 4) presentation of information by City
staff relative to the northwest drainage agreement and a staff review of the west drainage
agreement, pertaining to lots 1-39. Roll Call: Vote: 7-ayes: Alderwoman Miller, Alderwoman
Baehne, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman
Devine. 0-nays, 0-abstained. Motion carried.
City Council
Meeting Minutes
May 20, 2019
Page 5
Discussion Only Items
Jessup Manufacturing Tax Abatement
City Administrator Morefield explained that Jessup Manufacturing wants to raise buildings and
undergo a major expansion to their operations in McHenry. They are looking at a $6 million
investment and increasing jobs. Part of the challenge is the costs to complete the project. A
packet of information has been submitted along with a preliminary application for the tax
abatement program. Mr. Jessup was present to discuss the scope of the project and answer any
questions regarding the preliminary request.
Mr. Jessup stated that the company has been in the community for a long time. They are located
on Route 120 and also have a facility in Lake Bluff. A packet of information was handed out to
Council members, and Mr. Jessup reviewed the materials. The business in McHenry is strong but
running out of space. They are looking at options for expanding and would like to do something
similar to what was done in Lake Bluff. One big hurdle towards expansion is the need for a water
line extended to their location. When they were annexed by the City decades ago, a wate r line
was never extended to their property. They are working on obtaining easements but the
estimated cost for the water line alone is $223,000. There would be a lot of benefits to the
community by expanding, including the redevelopment of that area, an increased water supply,
reduction in truck congestion on Route 120, and the addition of jobs.
It is estimated that property taxes would increase $172,000 per year. Jessup Manufacturing is
asking for a five year abatement of 100% to help finance the investment. The taxes for the City
of McHenry would account for about $7,000 of that $172,000 increase. If there is enough
interest, the issue would be formally brought back before the Council for formal approval and
before engaging other taxing bodies of the tax abatement request. Mayor Jett stated that Jessup
would clean up the property in the area, fix the façade of the building, and make a nice entrance
to the City of McHenry on the east side. The Council came to a consensus that a tax abatement
agreement could be brought back to a meeting for consideration.
Thelan Dredging Material Agreement
City Attorney McArdle explained that the City has an agreement with Thelan for the disposal of
the Fox waterway using City or contracted trucks. New pricing has been worked out in exchange
for releasing Thelan from their letters of credit for improvements on R oute 31. An agreement
with the details will be brought to the Council at the June 3rd meeting.
Full Service Personal Care Establishment Liquor Licenses
Chief Burke reported that there has been interest in personal care businesses in town to serve
alcohol as part of a package for a service that customers are buying. Research has been done and
shows that other towns have been issuing licenses similar to the one requested in McHenry.
City Council
Meeting Minutes
May 20, 2019
Page 6
There was a discussion about the benefits of empowering and helping local businesses versus the
possibility of more video gaming. Because the establishment would be serving the alcohol, the
business has the opportunity and right to apply for video gaming. Although it was discussed that
this is not the intent of a personal care establishment, some Council members feared that this
could open the door to more video gaming. Chief Burke was instructed to do more research on
the topic and come back to the Council with more information at a later date.
Executive Session
City Attorney McArdle did not want to adjourn into executive session, although he did say there
were pending litigation issues at the Water Treatment Plant that would need to be discussed at
the June 3rd Council meeting.
Staff Reports
City Administrator Morefield explained that Council members should be getting an email
explaining how Dropbox will no longer be used for Council packets. Instructions will be
forwarded on about how that information can be retrieved from the City’s Sharepoint intranet.
Chief Burke reported that Sergeant Cox has announced his retirement for June 25th, which opens
up a vacancy in the sergeant pool. The Council is invited to attend a small retirement ceremony.
Mayor and City Council Comments
Mayor Jett reported that committee assignments will be brought before the Council at the June
3rd meeting. Interest has also been received for the City Clerk position, and Mayor Jett and City
Administrator Morefield will interview candidates in the near future.
Alderman Glab reported that the State Senator has nothing submitted from McHenry for capital
improvement projects that need funding. Interim Public Works Director Strange stated that a
request went to the McHenry Council of Governments about a possible lift station project. He
will sit down with Senator Wilcox and see if that is a funding possibility.
Adjournment
There being no further public business to discuss, a Motion was made by Alderman Santi and
seconded by Alderwoman Miller to adjourn from the public meeting at 10:01 p.m. Roll call:
Vote: 7-ayes: Alderman Santi, Alderwoman Miller, Alderman Glab, Alderman Schaefer,
Alderwoman Baehne, Alderman Mihevc, Alderman Devine. 0-nays, 0-abstained. Motion carried.
Respectfully submitted,
Monte Johnson, Deputy Clerk
City Council
Meeting Minutes
May 20, 2019
Page 7
Mayor Wayne Jett Deputy Clerk Monte Johnson
_________________________________ _________________________________
McHenry, IL
Expense Approval Register
List of Bills Council Meeting &3-19
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: AALTO, BRIAN
AALTO, BRIAN
INV0008129
06/03/2019
FUEL REIMB
100-22-5420
71,89
Vendor AALTO, BRIAN Total:
71.89
Vendor: ADAMS, KELSEY
ADAMS, KELSEY
KAMCH
06/03/2019
COUNCIL PHOTO
100-02-6940
140,00
Vendor ADAMS, KELSEY Total:
140.00
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER
24405
06/03/2019
HMA SURF
100-33-6110
92,25
BAKER & SON CO, PETER
24532
06/03/2019
HMA SURF
100-33-6110
277698
Vendor BAKER & SON CO, PETER Total:
370623
Vendor: BANWART, NATE
BANWART, NATE
INV0008130
06/03/2019
UNIFORM REIMB
100-33-4510
94.83
Vendor BANWART, NATE Total:
94.83
Vendor: BENSON, GRAHAM
BENSON, GRAHAM
INV0008131
06/03/2019
IDROP WITHHELD TWICE
100-2200
20250
Vendor BENSON, GRAHAM Total:
202.50
Vendor: CENTEGRA OCCUPATIONAL HEALTH
CENTEGRA OCCUPATIONAL
225481
06/03/2019
E BEIDELMAN, A DUCY, T
100-05-5110
127,00
CENTEGRA OCCUPATIONAL
225481
06/03/2019
E BEIDELMAN, A DUCY, T
100-05-5110
35,00
CENTEGRA OCCUPATIONAL
225481
06/03/2019
E BEIDELMAN, A DUCY, T
610-00-6940
65,00
CENTEGRA OCCUPATIONAL
225680
06/03/2019
BENITEZ-GARCIA,
100-05-5110
275,00
CENTEGRA OCCUPATIONAL
225680
06/03/2019
BENITEZ-GARCIA,
610-00-6940
260,00
Vendor CENTEGRA OCCUPATIONAL HEALTH Total:
762.00
Vendor: CONSTELLATION NEWENERGY
INC
CONSTELLATION NEWENERGY
INV0008150
04/30/2019
UTIL
100-33-5520
417,75
CONSTELLATION NEWENERGY
INV0008150
04/30/2019
UTIL
100-33-5520
47.25
Vendor CONSTELLATION
NEWENERGY INC Total:
465.00
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
16362
06/03/2019
SURF MIX
100-33-6110
16491
Vendor CURRAN CONTRACTING COMPANYTotal:
16.91
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00263460
04/30/2019
MUN RADIO 3/16/19-4/15/19
225-00-5110
1,339.00
Vendor
FOX VALLEY FIRE & SAFETY Total:
1,339.00
Vendor: GALLS LLC
GALLS LLC
012706195
04/30/2019
R LUMBER UNIFORM
100-22-4510
33,40
GALLS LLC
12370754
04/30/2019
E SEXTON UNIFORM
100-22-4510
85,53
GALLS LLC
12624549
04/30/2019
C NOYES UNIFORM
100-22-4510
40,54
GALLS LLC
12648904
04/30/2019
J ADAMS UNIFORM
100-22-4510
85,59
GALLS LLC
12649652
04/30/2019
R BEAUDOIN UNIFORM
100-22-4510
148.54
GALLS LLC
12681460
06/03/2019
R REWIAKO UNIFORM
100-22-4510
85,22
Vendor GALLS LLC Total:
47832
Vendor: HARPER, MICHAEL
HARPER, MICHAEL
INV0008132
06/03/2019
UNIFORM REIMB
100-33-4510
171,94
Vendor HARPER, MICHAEL Total:
171.94
Vendor: HLR
HLR
20190736
04/30/2019
BV BIKE PATH PHASE 1
440-00-8900
11939,50
Vendor HLR Total:
1,939.50
Vendor: KINNEY, BRETT
KINNEY, BRETT
INV0008133
06/03/2019
MEAL REIMB
100-22-5420
16.00
Vendor KINNEY, BRETT Total:
16.00
5/29/2019 1:10:Z6 PM
Expense Approval Register
Packet: APPKTO1507 -
6-349 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: LACE, INC
LACE, INC
P19-04-127
06/03/2019
TEMP SIGN REFUND
100-00-3410
30,00
LACE, INC
P19-04-128
06/03/2019
TEMP SIGN REF
100-00-3410
30.00
Vendor LACE, INC
Total:
60.00
Vendor: LECHNER, TIM
LECHNER, TIM
INV0008134
06/03/2019
UNIFORM REIMB
510-35-4510
26.86
Vendor LECHNER, TIM
Total:
26.86
Vendor: MARTIN, DOUG
MARTIN, DOUG
INV0008135
06/03/2019
TRAVEL/MEAL REIMB
100-06-5420
44.02
MARTIN, DOUG
INV0008135
06/03/2019
TRAVEL/MEAL REIMB
100-06-5420
1.50
Vendor MARTIN, DOUG
Total:
45.52
Vendor: MCANDREWS PC, THE
LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW
INV0008136
06/03/2019
MAY 2019
100-01-5330
41000,00
Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK
Total:
4,000.00
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER
2019521-14
06/03/2019
LAREDO 3RD QTR
620-00-5110
275.00
Vendor MCHENRY COUNTY RECORDER OF DEEDS
Total:
275.00
Vendor: MCHENRY COUNTY
MCHENRYCOUNTY
INV0008137
05/28/2019
FEEGERS SUB SNOW PLOW
100-2200
11426,00
Vendor MCHENRY COUNTY
Total:
1,426.00
Vendor: MICHEL, CHIP
MICHEL, CHIP
INV0008138
06/03/2019
MAILBOX DESCRIPTION
100-01-5110
73.94
Vendor MICHEL, CHIP
Total:
73.94
Vendor: MUNICIPAL COLLECTION SERVICES INC
MUNICIPAL COLLECTION
014293
06/03/2019
S HUMPHREY/E MEHANOVIC
100-04-5110
54.69
Vendor MUNICIPAL
COLLECTION SERVICES INC
Total:
54.69
Vendor: NICOR GAS
NICOR GAS
INV0008145
06/03/2019
UTIL
100-42-5510
975.07
NICOR GAS
INV0008145
06/03/2019
UTIL
100-43-5510
144.37
NICOR GAS
INV0008145
06/03/2019
UTIL
100-45-5510
11779,49
NICOR GAS
INV0008145
06/03/2019
UTIL
100-46-5510
43.37
NICOR GAS
INV0008145
06/03/2019
UTIL
400-00-5510
11584,69
NICOR GAS
INV0008146
06/03/2019
UTIL
510-31-5510
1,924.56
NICOR GAS
INV0008146
06/03/2019
UTIL
510-32-5510
41883,57
Vendor NICOR GAS
Total:
11,335.12
Vendor: PLACEK, KASIA
PLACEK, KASIA
237545
06/03/2019
PGM CXL
100-41-3637
60.00
Vendor PLACEK, KASIA
Total:
60.00
Vendor: PRATHER, JAIMIE
PRATHER, JAIMIE
INV0008139
06/03/2019
MEAL REIMB
100-22-5420
16.00
Vendor PRATHER, JAIMIE
Total:
16.00
Vendor: QUALLS, DYLAN
QUALLS, DYLAN
INV0008148
06/03/2019
BACKGROUND SEARCH REIMB
100-47-5430
38.00
Vendor QUALLS, DYLAN
Total:
38.00
Vendor: RAQUEL, ELISE
RAQUEL, ELISE
INV0008140
06/03/2019
USA COACH CERT
100-47-5430
63,00
Vendor RAQUEL, ELISE
Total:
63.00
Vendor: REICH, NIKKI
REICH, NIKKI
INV0008141
06/03/2019
RE ISSUE CKS 766408,767913
100-23-5420
37.40
Vendor REICH, NIKKI
Total:
37.40
Vendor: SCHWEDA, SCOTT
SCHWEDA, SCOTT
INV0008144
06/03/2019
UNIFORM REIMB
100-33-4510
103.30
SCHWEDA, SCOTT
INV0008147
06/03/2019
UNIFORM REIMB
100-33-4510
106.63
Vendor SCHWEDA, SCOTT
Total:
209.93
5/Z9/2019 1;10:26 PM
Expense Approval Register
Packet: APPKTO1507 -
6-3-19 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: SEMROW JR, HARRY H
SEMROW JR, HARRY H
APRIL2019
04/30/2019
LGLSVS ADJ MTHLY
100-03-5110
56.25
SEMROW JR, HARRY H
APRIL2019
04/30/2019
LGLSVS ADJ MTHLY
100-22-5110
506o25
Vendor SEMROW JR, HARRY H
Total:
562.50
Vendor: SYNCB/AMAZON
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
100-01-6110
86.22
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
100-44-6110
8188
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
100-45-6110
-12,98
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
100-46-6110
106,58
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
100-47-6110
28687
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
400-00-6110
315.56
SYNCB/AMAZON
INV0008142
04/30/2019
AMAZON MTHLY
400-00-6210
54,31
SYNCB/AMAZON
INV0008143
04/30/2019
PDAMAZON MTHLY
100-22-5370
39,99
SYNCB/AMAZON
INV0008143
04/30/2019
PDAMAZON MTHLY
100-22-6210
100.88
SYNCB/AMAZON
INV0008143
04/30/2019
PDAMAZON MTHLY
100-22-6270
44126
Vendor SYNCB/AMAZON
Total:
1,245.57
Vendor: TECHNOLOGY MANAGEMENT REV FUND
TECHNOLOGY MANAGEMENT
T1930927
06/03/2019
MTHLY
620-00-5110
10.00
Vendor TECHNOLOGY MANAGEMENT REV FUND
Total:
10.00
Vendor: THEODORE POLYGRAPH SERV
THEODORE POLYGRAPH SERV
6610
04/30/2019
J STAINES, T SCHOENY
100-21-5110
350.00
Vendor THEODORE POLYGRAPH SERV
Total:
350.00
Vendor: TONY'S FAMILY TAILOR
SHOP
TONY'S FAMILY TAILOR SHOP
047800
04/30/2019
RPARDUE
100-22-4510
29,00
TONY'S FAMILY TAILOR SHOP
056592
04/30/2019
J FOLEY UNIFORM
100-22-4510
9.50
Vendor TONY'S FAMILY TAILOR SHOP
Total:
38.50
Vendor: UMB BANK NA
UMB BANK NA
655774
06/03/2019
FEES
300-00-7300
318,00
Vendor UMB BANK NA
Total:
318.00
Vendor: UPS
UPS
60X485209
06/03/2019
SHIPPING
100-22-5310
21,06
Vendor UPS
Total:
21.06
Vendor: ZUKOWSKI ROGERS FLOOD & WARDLE
ZUKOWSKI ROGERS FLOOD&
137250
04/30/2019
APRIL 2019 TRAFFIC
100-01-5230
6,334.00
Vendor ZUKOWSKI ROGERS FLOOD & WARDLE
Total:
6,334.00
Vendor: ZUNKEL, SANDY
ZUNKEL, SANDY
INV0008149
06/03/2019
100475430
100-47-5430
63,00
Vendor ZUNKEL, SANDY
Total:
63.00
Grand
Total:
32,732.71
5/29/2019 1:10:26 PM
Expense Approval Register
Packet: APIP 01507 - 6-3-19 AP CKS
Fund Summary
Fund Expense Amount
100 - GENERAL FUND 19,736,66
225-ALARM BOARD FUND 11339,00
300 - DEBT SERVICE-1997A FUND 318.00
400- RECREATION CENTER FUND 11954,56
440 -CAPITAL IMPROVEMENTS FUND 11939,50
510- WATER/SEWER FUND 6,834.99
610 - RISK MANAGEMENT FUND 325,00
620 - INFORMATION TECHNOLOGY FUND 285,00
Grand Total: 32,73231
McHenry, IL
Vendor
Name
Payable Number
Post Date
Vendor:
ADAMS ENTERPRISES
INC, R A
ADAMS
ENTERPRISES INC, RA
S011012
06/03/2019
Vendor:
ADAMS STEEL
SERVICE
&SUPPLY, INC
ADAMS
STEEL SERVICE
&
356429
06/03/2019
Vendor: AQUA PURE ENTERPRISES INC
AQUA PURE ENTERPRISES INC 118988 06/03/2019
Vendor: ASSOCIATED ELECTRICAL CONTRACTORS
ASSOCIATED ELECTRICAL 35006474 04/30/2019
Vendor: AT&T LONG DISTANCE
AT&T LONG DISTANCE 6201920030 06/03/2019
Vendor: AT&T
AT&T 6201920023 06/03/2019
Vendor: AT&T
AT&T 6201920022 06/03/2019
Vendor: BARTER &WOODMAN
BARTER &WOODMAN 0206200 06/03/2019
Vendor: BUSS FORD SALES
BUSS FORD SALES 5034194 06/03/2019
Vendor: CABAY &COMPANY INC
CABAY &COMPANY INC 61028 06/03/2019
CABAY & COMPANY INC 61028 06/03/2019
Vendor: CDW GOVERNMENT INC
CDW GOVERNMENT INC SGH4901
COW GOVERNMENT INC SKW6120
Expense Approval Register
#2 List of Bills Council Meeting &3-19
Description (Item) Account Number Amount
478 100-33-5370 764.44
Vendor ADAMS ENTERPRISES INC, R A Total: 764.44
oxygen tank shop 100-33-6110 40.65
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 40.65
Chlorine 100-42-6110 31153,31
Vendor AQUA PURE ENTERPRISES INC Total: 3,153.31
Contractual Electrical Repairs 100-45-5110 21682,99
Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total: 2,682.99
LONG DIST 620-00-5320 4.83
Vendor AT&T LONG DISTANCE Total: 4.83
8150385-9652 652 6 620-00-5320 215.84
Vendor AT&T Total: 215.84
8310006572828 620-00-5110 2,246.90
Vendor AT&T Total: 2,24&90
Storm GIS ]voice 0206200 100-33-5110 762.50
Vendor BAXTER & WOODMAN Total: 762.50
brake light
510-31-5370
130.94
Vendor
BUSS FORD SALES Total:
130.94
custodial supplies
400-00-6111
517.12
custodial supplies
400-40-6110
348.00
Vendor CABAY
& COMPANY INC Total:
865.12
06/03/2019
Microsoft 0365
Licenses 620-00-5110
458.99
06/03/2019
Laptop, docking
station, 620-00-6270
1,565.42
Vendor CDW GOVERNMENT INC Total:
2,024.41
Vendor: CINTAS
CINTAS 5013728050 06/03/2019
Vendor: CONSERV FS
CONSERV FS 65075945 06/03/2019
CONSERV FS 65076402 06/03/2019
Vendor: GOONEY COMPANY, FRANK
COONEYCOMPANY, FRANK 69560 04/30/2019
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING 16415 06/03/2019
CURRAN CONTRACTING 16415A 06/03/2019
First Aid Kit 100-45-5110 98.30
Vendor CINTAS Total: 98.30
SportsField
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING 16415 06/03/2019
CURRAN CONTRACTING 16415A 06/03/2019
First Aid Kit 100-45-5110 98.30
Vendor CINTAS Total: 98.30
SportsField
Supplies
100-45-6110
257.25
SportsField
Supplies
inn -45-6110
695.20
Vendor CONSERV FS Total:
952.45
replacement gides for banquet 400-00-6141 60.00
Vendor GOONEY COMPANY, FRANK Total: 60.00
N50
surface.
vendor
ticket
#
100-33-6110
28.93
27.15
5/29/2019 1:17:38 PM
Expense Approval Register
Packet: APPKT01508 -
6-349 RE Ci INV
Vendor Name
Payable Number
Post Date
Description (Item) Account Number
Amount
CURRAN CONTRACTING
16415B
06/03/2019
commercial surface-C-Rap. 100-33-6110
50.29
Vendor CURRAN CONTRACTING COMPANYTotal:
106.37
Vendor: DIRECT FITNESS SOLUTIONS
DIRECT FITNESS SOLUTIONS
0544541-IN
06/03/2019
tube for precor guide rods 400-40-6110
56.48
Vendor DIRECT FITNESS SOLUTIONS Total:
56.48
Vendor: DOCUMENT IMAGING
SERVICES, LLC
DOCUMENT IMAGING
1414
06/03/2019
TONER 620-00-6210
332.99
Vendor DOCUMENT IMAGING SERVICES, LLC Total:
332.99
Vendor: DREISILKER ELECTRIC MOTORS INC
DREISILKER ELECTRIC MOTORS
1121159
06/03/2019
Transformer Oil 510-32-5380
474.00
Vendor DREISILKER ELECTRIC MOTORS INC Total:
474.00
Vendor: DURA WAX COMPANY
INC, THE
DURA WAX COMPANY INC, THE
400557
06/03/2019
CITYWIDE CLEANING SUPPLIES 100-01-6110
336.38
Vendor DURA WAX COMPANY INC, THE Total:
336.38
Vendor: ED'S RENTAL & SALES INC
ED'S RENTAL & SALES INC
260336-1
06/03/2019
propane 100-33-5370
55.82
Vendor ED'S RENTAL & SALES INC Total:
55.82
Vendor: ENVIRONMENTAL RESOURCE ASSOCIATES
ENVIRONMENTAL RESOURCE
1-6ZP1MU
06/03/2019
Quality control test 510-32-6110
160.52
Vendor ENVIRONMENTAL RESOURCE ASSOCIATES Total:
160.52
Vendor: FINIS, INC
FINIS, INC
1219-353NT
06/03/2019
Swim Team Equipment 100-42-6110
1,056AI
Vendor FINIS, INC Total:
1,056.41
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH
11467
06/03/2019
concrete wall at 3200 CMR 510-35-6110
370.75
Vendor FISCHER BROS FRESH Total:
370.75
Vendor: GALLS LLC
GALLS LLC
12625477
06/03/2019
UNIFORM ORDER - FOLEY 100-22-4510
29.61
GALLS LLC
12637355
06/03/2019
UNIFORM ORDER -CRUZ 100-22-4510
50A0
GALLS LLC
12637510
06/03/2019
UNIFORM ORDER - CRUZ 100-22-4510
115.07
GALLS LLC
12646229
06/03/2019
UNIFORM ORDER -CRUZ 100-22-4510
142.19
Vendor GALLS LLC Total:
337.27
Vendor: GLOBAL EQUIPMENT COMPANY
GLOBAL EQUIPMENT
114355565
06/03/2019
Blue Marking Paint- 510-31-6110
154.17
Vendor GLOBAL EQUIPMENT COMPANY Total:
154.17
Vendor: GOLD MEDAL PRODUCTS
GOLD MEDAL PRODUCTS
354754
06/03/2019
Conc - Food 100-44-6110
350A8
Vendor GOLD MEDAL PRODUCTS Total:
350.18
Vendor: GOPHER
GOPHER
9603435
06/03/2019
Tube Cart for Pool 100-42-6110
267.93
Vendor GOPHER Total:
267.93
Vendor: HALOGEN SUPPLY COMPANY
HALOGEN SUPPLY COMPANY
533877
06/03/2019
DE & Pool Filters 100-42-6110
1,708.00
HALOGEN SUPPLY COMPANY
534267
06/03/2019
Pool Chemical Testing Kit 100-42-6110
539.02
Vendor HALOGEN SUPPLY COMPANY Total:
2,247.02
Vendor: HAWKINS INC
HAWKINS INC
4494228
06/03/2019
Chemical Delivery 5/7/19 510-32-6110
6,199.80
HAWKINS INC
4495118
06/03/2019
Chemical Delivery05/06/19 510-31-6110
51553,51
HAWKINS INC
4495310
06/03/2019
Chemical Delivery 510-32-6110
11465,20
HAWKINS INC
4497744
06/03/2019
Chemical Delivery 510-32-6110
5,128.20
Vendor HAWKINS INC Total:
18,346.71
Vendor: HOT SHOTS SPORTS
HOT SHOTS SPORTS
1231
06/03/2019
Hot Shots Sports Spring 1 100-47-5110
1/326450
Vendor HOT SHOTS SPORTS Total:
1/326950
5/29/2019 1:17:38 PM
Expense Approval Register
Packet: APPKT01508 - 6-3-19
RE CT INV
Vendor Name
Payable Number
Post Date
Description (Item) Account Number
Amount
Vendor: IWPIPE TECHNOLOGY
COMPANY INC
IN -PIPE TECHNOLOGY
1522
06/03/2019
Monthly service fee 510-32-5110
7,750.00
Vendor IN -PIPE TECHNOLOGY COMPANY INC Total:
7,750.00
Vendor: INTERSTATE BILLING SERVICE
INC
INTERSTATE BILLING SERVICE
3014974154
06/03/2019
exhaust parts 100-33-5370
97.88
INTERSTATE BILLING SERVICE
3014974170
06/03/2019
802 510-35-5370
166.80
INTERSTATE BILLING SERVICE
3014991824
06/03/2019
414 100-33-5370
281.32
Vendor INTERSTATE BILLING SERVICE INC Total:
546.00
Vendor: JENSEN, TED
JENSEN, TED
03482
06/03/2019
Boone Lagoon Lift -New Pump 510-32-5380
11505,71
Vendor JENSEN, TED Total:
11505.71
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
7133618
06/03/2019
stock 100-33-6115
221.59
Vendor KIMBALL MIDWESTTotal:
221.59
Vendor: LAFARGE NORTH AMERICA
LAFARGE NORTH AMERICA
710472414
06/03/2019
CM-11 Wash Stone 167547040 510-35-6110
131.52
LAFARGE NORTH AMERICA
710472414A
06/03/2019
027 FM-2 SAND 510-35-6110
61.76
LAFARGE NORTH AMERICA
710472414B
06/03/2019
CM-6 virgin grade 9 167547093 510-35-6110
109.35
LAFARGE NORTH AMERICA
710478916
06/03/2019
CM-11 wash stone 167547354 510-35-6110
119.68
LAFARGE NORTH AMERICA
710478916A
06/03/2019
FM-2 sand 167547425 510-35-6110
63.36
LAFARGE NORTH AMERICA
710485696
06/03/2019
Masonry Sand 510-32-6110
32.55
LAFARGE NORTH AMERICA
710520320
06/03/2019
CM-11 wash stone 167548932 510-35-6110
118.88
LAFARGE NORTH AMERICA
710520320A
06/03/2019
CM-11 wash stone 167548965 510-35-6110
112.00
LAFARGE NORTH AMERICA
710526735
06/03/2019
CM-6 virgin grade 9167549342 100-33-6110
135.81
LAFARGE NORTH AMERICA
710526735A
06/03/2019
CM-6 virgin grade 9167549344 100-33-6110
136.89
Vendor LAFARGE NORTH AMERICA Total:
1,021080
Vendor: LAI LTD
LAI LTD
19-16390
06/03/2019
Kaeser Blower Belts -Post 510-32-5375
282.96
Vendor LAI LTD Total:
282.96
Vendor: LANDSCAPES BY GARY WEISS, INC
LANDSCAPES BY GARY WEISS,
2222
06/03/2019
Dredging Silt Fence Order 1 100-01-8900
31531.00
Vendor LANDSCAPES BY GARY WEISS, INC Total:
3,531.00
Vendor: LOU'S GLOVES, INC
LOU'S GLOVES, INC
028595
06/03/2019
Rubber Gloves 510-32-6110
228.00
Vendor LOU'S GLOVES, INC Total:
228.00
Vendor: MARKS TREE SERVICE
& SNOW PLOWING CORP
MARKS TREE SERVICE & SNOW
STSMH147
06/03/2019
Tree Removals under power 100-33-6950
41500.00
MARKS TREE SERVICE & SNOW
STSMH148
06/03/2019
Tree Removal 100-33-6950
21600.00
Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total:
7,100.00
Vendor: MCCANN INDUSTRIES
INC
MCCANN INDUSTRIES INC
P02522
06/03/2019
Concrete Supplies 100-33-6110
548.74
Vendor MCCANN INDUSTRIES INC Total:
548.74
Vendor: MID AMERICAN WATER OF WAUCONDA INC
MID AMERICAN WATER OF
208714W
06/03/2019
SDR35 45sBend 510-35-6110
148.00
Vendor MID AMERICAN WATER OF WAUCONDA INC Total:
148.00
Vendor: MIDWEST HOSE AND FITTINGS INC
MIDWEST HOSE AND FITTINGS
M25662
06/03/2019
Jack hammer hose 510-35-6110
148.98
Vendor MIDWEST HOSE AND FITTINGS INC Total:
148.98
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH
92382
06/03/2019
REDO ANNUAL REPORT 100-22-6210
20.80
Vendor MINUTEMAN PRESS OF MCH Total:
20.80
Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK
MOTOROLA SOLUTIONS -
42174412019
06/03/2019
STARCOM21 MONTHLY 100-22-5320
21453,00
MOTOROLA SOLUTIONS -
8280747265
06/03/2019
BATTERIES 100-22-6210
492.75
Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total:
2,945.75
5/29/2019 1:17:3H PM
Expense Approval Register
Packet: APPKTO1508 - 6-349
RE Ci INV
Vendor Name
Payable Number
Post Date
Description (Item) Account Number
Amount
Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC
NORTHEAST MULTI -REGIONAL
251802
06/03/2019
ANNUAL MEMBERSHIP 100-23-5430
11995,00
Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal:
17995000
Vendor: NORTHERN ILLINOIS POLICE ALARM SYSTEM
NORTHERN ILLINOIS POLICE
13008
06/03/2019
ANNUAL NIPAS MEETING 100-22-5110
81.00
Vendor NORTHERN ILLINOIS POLICE ALARM SYSTEM Total:
81.00
Vendor: NORTHWEST TRUCKS INC
NORTHWESTTRUCKS INC
0113539916.02
06/03/2019
802 510-35-5370
800.86
Vendor NORTHWEST TRUCKS INC Total:
800.86
Vendor: OLSEN SAFETY EQUIPMENT CORP
OLSEN SAFETY EQUIPMENT
0365830-IN
06/03/2019
rain suites 100-33-6290
592.50
Vendor OLSEN SAFETY EQUIPMENT CORP Total:
592.50
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
10929098
06/03/2019
FUEL BILL 100-03-6250
128.25
PETROCHOICE LLC
10935323
06/03/2019
FUEL BILL 100-03-6250
42.28
PETROCHOICE LLC
10935328
06/03/2019
FUEL 10935328 100-22-6250
11559.24
PETROCHOICE LLC
10943166
06/03/2019
FUEL-10943166 510-35-6250
209.11
PETROCHOICE LLC
10943180
06/03/2019
FUEL BILL 100-03-6250
133.21
PETROCHOICE LLC
10943181
06/03/2019
FUEL-10943181 510-32-6250
708.55
PETROCHOICE LLC
10943182
06/03/2019
FUEL- 10943182 510-31-6250
176.07
PETROCHOICE LLC
10943184
06/03/2019
FUEL-10943184 100-33-6250
577.20
PETROCHOICE LLC
10952535
06/03/2019
fuel 10952535 510-35-6250
71.94
PETROCHOICE LLC
10952551
06/03/2019
fuel 10952551 510-32-6250
409.64
PETROCHOICE LLC
10952552
06/03/2019
fuel 10952552 510-31-6250
132.05
PETROCHOICE LLC
10952554
06/03/2019
fuel 10952554 100-33-6250
568.52
Vendor PETROCHOICE LLC Total:
4,716.06
Vendor: PORTER LEE CORPORATION
PORTER LEE CORPORATION
22204
06/03/2019
EVIDENCE SUPPLIES 100-22-6210
269.35
Vendor PORTER LEE CORPORATION Total:
269.35
Vendor: PRECISION PAVEMENT
MARKINGS, INC
PRECISION PAVEMENT
2928
06/03/2019
road paint striping 100-33-5110
21092.03
Vendor PRECISION PAVEMENT MARKINGS, INCTotal:
2,092.03
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990040690
06/03/2019
MONTHLY SHREDDING 100-22-5110
53.00
Vendor PROSHRED SECURITY Total:
53.00
Vendor: QUALITY TIRE SERVICE
QUALITY TIRE SERVICE
54119
06/03/2019
tire repair 446 100-33-5370
81.31
QUALITY TIRE SERVICE
54200
06/03/2019
635 510-32-5370
40.08
Vendor QUALITY TIRE SERVICE Total:
121.39
Vendor: RADAR MAN INC
RADAR MAN INC
4231
06/03/2019
RADAR REPAIRS 100-22-6110
590.21
Vendor RADAR MAN INCTotal:
590.21
Vendor: REICHE'S PLUMBING SEWER RODDING CORP
REICHE'S PLUMBING SEWER
PWANM576
06/03/2019
urinal drain repair PW building 100-33-5115
175.00
REICHE'S PLUMBING SEWER
WTRMP782
06/03/2019
1733 Pine Dr- Plumbing repairs 510-31-5110
350.00
Vendor REICHE'S PLUMBING SEWER RODDING CORP Total:
525.00
Vendor: SENCOMMUNICATIONS INC
SENCOMMUNICATIONS INC
IN0944797
06/03/2019
HEADSETS - DISPATCH 100-23-6110
122.00
Vendor SENCOMM U N [CATIONS INCTotal:
122.00
Vendor: THERMA-STOR LLC
THERMA-STOR LLC WTRMP783
Vendor: TONY'S FAMILY TAILOR SHOP
TONY'S FAMILY TAILOR SHOP 34357
TONY'SFAMILYTAILORSHOP 34359
06/03/2019 WTP Dehunidifier- 510-31-6110
06/03/2019 UNIFORM ALTERATIONS- 100-22-4510
06/03/2019 UNIFORM ALTERATIONS - POPP 100-22-4510
VendorTONY'S FAMILYTAILOR SHOP Total:
31618.04
9.50
9.50
19.00
5/29/Z019 1:17:38 PM
Expense Approval Register Packet: APPKTO1508 - 6-3.19 RECT INV
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
Vendor: US BANK
US BANK 385411806 06/03/2019 PW PRINTER 620-00-6210 397.72
Vendor US BANK Total: 397.72
Grand Total: 81,974.67
5/29/2019 1:17:3H PM
Expense Approval Register
Packet: APPIC1701508 - 6-349 RE CT INV
Fund Summary
Fund
100-GENERAL FUND
400 - RECREATION CENTER FUND
510- WATER/SEWER FUND
620- INFORMATION TECHNOLOGY FUND
5/29/2019 1;17:38 PM
Grand Total
Expense Amount
38,637,40
981,60
37,132*98
51222*69
81,974.67
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: June 3, 2019 Regular City Council Meeting
FROM: Douglas Martin, Director of Economic Development
RE: Conditional Use Permit to allow outside storage of vehicles in conjunction with
a towing operation at 4564 Bull Valley Road
ATT:
1. Location Map
2. Planning and Zoning Commission Minutes dated April 17, 2019
3. Ordinance approving a conditional use permit to allow outside storage of vehicles in
conjunction with a towing operation at 4564 Bull Valley Road
4. Application Packet
AGENDA ITEM SUMMARY:
Council is being asked to consider a Conditional Use Permit to allow outside storage of vehicles
in conjunction with a towing operation at 4564 Bull Valley Road.
BACKGROUND:
In 2002, the City Council unanimously approved a request for a conditional use permit to allow
outside storage of vehicles and trailers, as well as a variance to the minimum lot width required
in the I-1 zoning district for the property located at 4172 Bull Valley Road, immediately to the
east of the subject property.
In September 2008, Cornerstone requested an expansion to the existing conditional use permit
to include 4564 Bull Valley Road, subject property, and permission to allow a recycling/handling
center with outside storage of recycling materials contained in bins or box containers. The City
Council approved the request (6-1) to allow the expansion of the existing conditional use permit
and approval for a recycling center including outside storage of bin containers and roll-off boxes
for a five-year term. Since that time, Cornerstone Material has vacated the site. The
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
conditional use permit approved in 2008 has automatically expired due to inactivity; however,
the lot width variance is not automatically revoked and remains with the property.
In 2017, the owner of the subject property received a conditional use permit for the outside
storage of recreational vehicles and boats in conjunction with a contractor’s office. The current
applicant is requesting a conditional use permit to allow outside storage of vehicles in
conjunction with a towing operation at 4564 Bull Valley Road.
ANALYSIS:
In accordance with the zoning ordinance, a conditional use permit is required for outside
storage associated with any permitted or conditional use allowed in the I-1 Industrial zoning
district. In this case, the applicant is proposing an office and outdoor storage of vehicles, other
than just recreational vehicles and boats. The proposed location of the outdoor storage is far
from view of Bull Valley Road and is unlikely to detract from the surrounding area. All of the
surrounding properties are zoned industrial with the exception of Northwestern-Centegra
Hospital south of Bull Valley Road. With that being said the outside storage must be kept
somewhat neat and orderly. Boats and other vehicles cannot be stored anywhere on the
property. There must be designated areas on the site for which they are stored.
In 2002 and 2008 a conditional use permit approved for Cornerstone Material Recovery was
approved with seven and five-year time limitations respectively. While Cornerstone
substantially cleaned-up the property, the property has since become a dumping ground. The
applicant has done quite a bit to clean up the site since purchasing it.
Staff is aware there are long-range plans for this general area included in the comprehensive
plan, which go beyond the scope of this proposal. With the hospital being across the road and
vacant land to the north, west, and east, there are many development and redevelopment
alternatives possible in the future. The time limitation placed on the conditional use permit, for
Cornerstone Material Recovery, was in anticipation of redevelopment of this property along
with the surrounding properties potentially for commercial and/or residential uses. This has
not come to fruition as of yet.
Staff is not proposing a time limitation associated with the approval of the applicant’s request.
Economic conditions remain uncertain and staff believes a time constraint would be unfair and
the property may remain vacant indefinitely. The applicant has a viable business and when the
property does redevelop in the future market forces will dictate whether the applicant remains
on the subject property or decides to relocate. Staff believes the proposed use will provide a
number of benefits to the City including:
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
x An additional viable business locating in the City of McHenry;
x Cleaning and removal of trash and debris on subject property, as well as ongoing
maintenance;
x Potential increase in assessed valuation, along with surrounding properties, which may
at some point encourage developers to assess development/redevelopment options.
Unless a new business locates on the subject property staff believes the area will remain
stagnant and an eyesore. The applicant owns a significant piece of property and in the future,
this could play a key role in redevelopment of this area. Due to the isolated location of the site
and the greater portion of the property is not visible to the public.
Future roadway improvements are planned along Bull Valley Road west of Illinois Route 31 at
some point in the future, including consolidation of access points and roadway widening, which
will alter the dynamics of the area. At that time, it may be more plausible for new
development/redevelopment to occur. Staff does not believe that this area will necessarily
remain industrial in nature but at the same time does not want to prevent a viable business
from locating there.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission unanimously recommended approval of a conditional use
permit to allow outside storage of vehicles in conjunction with a towing operation for the
property located at 4564 Bull Valley Road, subject to the following conditions:
x The property shall be cleared of all debris, including any inoperable vehicles, trailers,
etc. and anything unrelated to the request being considered;
x The property keeps a neat and orderly appearance;
x Boats and recreational vehicles must be stored in one area of property-not all over the
property;
x Vehicles must be stored in the area indicated on the site plan;
x Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
x Provide minimal security lighting/cameras on-site.
Department of
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, if the City Council concurs, it is recommended that a motion be made to approve
the attached ordinance granting a conditional use permit to allow outside storage of vehicles
in conjunction with a towing operation for the property located at 4564 Bull Valley Road,
subject to the following conditions:
x The property shall be cleared of all debris, including any inoperable vehicles, trailers,
etc. and anything unrelated to the request being considered;
x The property keeps a neat and orderly appearance;
x Boats and recreational vehicles must be stored in one area of property-not all over the
property;
x Vehicles must be stored in the area indicated on the site plan;
x Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
x Provide minimal security lighting/cameras on-site.
Department of
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 Map:
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Public Hearing: DN N DIRTY LLC
File No. Z-945
4564 Bull Valley Road
Conditional use permit to allow outside storage of vehicles
in conjunction with a towing operation
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-945 an
application for a conditional use permit to allow outside storage of vehicles in conjunction with
a towing operation for the property located at 4564 Bull Valley Road.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
March 26, 2019. Notices were mailed to all abutting property owners of record as required by
ordinance. The subject property was posted. A Certificate of Publication and Affidavit of
Compliance with notice requirements are on file in the City Clerk’s Office.
In attendance were Krzysztof Lenart, 1524 River Terrace Dr. Johnsburg IL 60051 and Brandon
Lenart, of the same address, who were sworn in by Chairman Strach. Krzysztof Lenart stated
they are seeking to establish a tow yard in McHenry at 4564 Bull Valley Road with outside
storage. They currently tow for McHenry County Sheriff’s Department and would like to
establish a relationship for towing with the McHenry Police Department. They need to get
approval for storing vehicles outside in conjunction with a small towing office that will be
operated out of one of the buildings at 4564 Bull Valley Road. Mr. Lenart further stated they
will not operate as a junk yard or repair shop but will strictly be doing towing.
Director of Economic Development stated in 2017 the owner of the subject property received a
conditional use permit for the outside storage of recreational vehicles and boats in conjunction
with a contractor’s office. The current applicant is requesting a conditional use permit to allow
outside storage of vehicles in conjunction with a towing operation at 4564 Bull Valley Road.
A conditional use permit is required for outside storage associated with any permitted or
conditional use allowed in the I-1 Industrial zoning district. In this case, the applicant is
proposing an office and outdoor storage of vehicles, other than just recreational vehicles and
boats. The proposed location of the outdoor storage is far from view of Bull Valley Road and is
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
unlikely to detract from the surrounding area. All of the surrounding properties are zoned
industrial with the exception of Northwestern-Centegra Hospital south of Bull Valley Road.
Director Martin stated Staff is aware there are long-range plans for this general area included in
the comprehensive plan, which go beyond the scope of this proposal. With the hospital being
across the road and vacant land to the north, west, and east, there are many development and
redevelopment alternatives possible in the future. The time limitation placed on the previous
conditional use permit was in anticipation of redevelopment of this property along with the
surrounding properties, potentially, for commercial and/or residential uses. This has not come
to fruition as of yet.
Staff is not proposing a time limitation associated with the approval of the applicant’s request.
Economic conditions remain uncertain and staff believes a time constraint would be unfair and
the property may remain vacant indefinitely. Staff believes the proposed use will provide
benefits to the City including an additional viable business locating in the City of McHenry;
Cleaning and removal of trash and debris on subject property, as well as ongoing maintenance;
and potential increase in assessed valuation, along with surrounding properties, which may at
some point encourage developers to assess development/redevelopment options.
Unless a new business locates on the subject property, staff believes the area will remain
stagnant and an eyesore. The applicant owns a significant piece of property and in the future
this could play a key role in redevelopment of this area. Due to the isolated location of the site
the greater portion of the property is not visible to the public.
Future roadway improvements are planned along Bull Valley Road west of Illinois Route 31 at
some point in the future, including consolidation of access points and roadway widening, which
will alter the dynamics of the area. At that time, it may be more plausible for new
development/redevelopment to occur. Staff does not believe that this area will necessarily
remain industrial in nature but at the same time does not want to prevent a viable business
from locating there.
Director of Economic Development Martin stated Staff recommends approval of a conditional
use permit to allow the outdoor storage of vehicles on the subject property, in conjunction with
a towing operation subject to the conditions presented and Staff believes that the criteria in
table 31 of the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Commissioner Gurda recused himself from the hearing.
Commissioner Walsh asked what type of security will be in place for the tow yard. Mr. Lenart
stated there are gates and chain link fence as well as cameras.
Mr. Brian Blanchard, 6008 Tomlinson Dr., McHenry, IL was sworn in by Chairman Strach. Mr.
Blanchard stated he is the property owner and he confirmed there are already cameras on the
property. In response to a question posed by the commission, Mr. Blanchard stated there is gas
in the boats at times but the majority of the time they are stored they are winterized and have
no gas in them. In the summer there will be some RV’s and other recreational vehicles stored
that may have gas in them but they are kept clean and monitored for leakage.
Commissioner Miller inquired what type of vehicles will be stored. Mr. Lenart responded it is
mostly crash cars and cars to be impounded. In response to Commissioner Miller’s concern
about the vehicles leaking on the property, Mr. Lenart added they use oil dry and fabrics to
absorb all leaking liquids.
Commissioner Sobotta asked what the typical length of time is for vehicle storage. Mr. Brandon
Lenart stated it depends upon the vehicle but should never be longer than 3-4 months. Mr.
Krzysztof Lenart stated it is typically no longer than 30 days.
Chairman Strach opened the floor to questions and comments from the audience. There was
nobody in attendance who wished to address the Commission regarding this matter.
Chairman Strach closed the public comment portion of the hearing 7:42 pm.
Motion by Doherty seconded by Mi ller to recommend to the City Council with regard to File No.
Z-945 an application for a conditional use permit to allow outs ide storage of vehicles in
conjunction with a towing operation for the property located at 4564 Bull Valley Road, subject
to the following conditions, as presented:
x The property shall be cleared of all debris, including any inoperable vehicles, trailers,
etc. and anything unrelated to the request being considered;
x The property keeps a neat and orderly appearance;
x Boats and recreational vehicles must be stored in one area of property-not all over the
property;
x Vehicles must be stored in the area indicated on the site plan;
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
x Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
x Provide minimal security lighting/cameras on-site.
And Staff finds that the criteria in table 31 of the zoning ordinance have been met.
Voting Aye: Doherty, Miller, Sobotta, Strach, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0
Chairman Strach closed the Public Hearing regarding File No. Z-945 at 7:45 pm.
Department of
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 19-
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTSIDE
STORAGE OF VEHICLES IN CONJUNCTION WITH A TOWING OPERATION FOR THE
PROPERTY LOCATED AT 4564 BULL VALLEY ROAD IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by DN N DRTY, LLC, 4564 Bull Valley Road, McHenry,
IL 60050 (“Applicant”), requesting a Conditional Use Permit to allow outside storage of vehicles
in conjunction with a towing operation at 4564 Bull Valley Road . The property is legally
described on Exhibit “A” attached hereto and incorporated herein, the “SUBJECT PROPERTY”;
and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on April 17, 2019 in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission did recommend to the City Council
the granting of the requested Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Conditional Use
Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the
public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to
allow outside storage of vehicles in conjunction with a towing operation subject to the
following conditions:
x The property shall be cleared of all debris, including any inoperable vehicles, trailers,
etc. and anything unrelated to the request being considered;
x The property keeps a neat and orderly appearance;
x Boats and recreational vehicles must be stored in one area of property-not all over the
property;
x Vehicles must be stored in the area indicated on the site plan;
x Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
x Provide minimal security lighting/cameras on-site.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in
the zoning district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light
or air, or other adverse environmental effects of a type or degree not
characteristic of permitted uses in the zoning district, have been appropriately
controlled.
3. The proposed use will fit harmoniously with the existing natural or man-made
character of its surroundings, and with permitted uses in the zoning district. The
use will not have undue deleterious effect on the environmental quality,
property values, or neighborhood character already existing in the area or
normally associated with permitted uses in the district.
4. The proposed use will not require existing community facilities or services to a
degree disproportionate to that normally expected of permitted uses in the
district, nor generate disproportionate demand for new services or facilities, in
such a way as to place undue burdens upon existing development in the area.
5. The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public
in the vicinity.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
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 pam phlet form as provided by law.
PASSED THIS DAY OF , 2019
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF , 2019
MAYOR
CITY CLERK
Department of
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 the Subject Property
Applying fora conditional use permit for DN N DRTY, LLC at the location of 4564 Bull Valley Rd.
McHenry, IL 60050.Our use of this property would be storage for recreational vehicles. As the use of
this property happens we would be considering the following factors, to not adverse any impacts of
volumes of traffic flow not otherwise typical in the zoning district. Also would not be impacting the
environment by any which way. As we are surrounded by similar uses of property, we would be sure to
keep everything up to par with the rules and regulations with the zoning district.
DN N DRTY, LLC will be supplying a Plot of survey, in reason of wanting to put a sign up along
Bull Valley Rd. at the entrance of the property. It will be facing the way traffic flows east to west. Also
being 4'x8' in size and red and black in color. It would be clean and professional. To complete the
following DN N DRTY, LLC would need approval of this.
FORM A
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
File Number `� `15
333 South Green Sheet � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
1. Name of Applicant 12 N N V it!j LLL Tel . c`S 15 s:�Q% sntL�5y
Address
Fax
2. Name of Property Owner —1 r i cXfA Tel oal k:�y 1 (35
(If other thaJApplicant)
Address t'O \�oX %� Mcg6vlq Fax
3. Name of Engineer
(If represented)
Address
4. Name of Attorney
(If represented)
Address
5. Common Address or Location of Prope�Ty
6. Requested Actions) (check all that apply)
�ng Map Amendment (Rezoning)
_Conditional Use Permit
Zoning Variance
'SIa
Tel
Tel
Fax
1sti // ve //e y ;P�j
aJ
Zoning Vuiance -Minor
Zoning Text Amendment
Other
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
5
FORMA Page 1 of 3
7. Current Use of Property
8. Curent Zoning Classification of Property, Including Variances or Conditional Uses
9. Curent Zoning Classification and Land Use of Adjoining Properties
North: S
South: T �—
East: T
West:
10. Required. Attachments (check all items submitted)
Please refer to the Public Hearing Requhements Checklist to determine the requhed attachments.
1. Application Fee (amount) $
- Narrative Description of Request
�/ 3. FORM A — Public Hearing Application
FORM B — Zoning Map Amendment (Rezoning) Application
5. FORM C — Conditional Use Application
6. FORM D — Zoning Variance Application
7. FORME —Use Variance Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
12. Sign (Provided by the City, to be posted by the Applicant)
13, Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
FORMA Page 2 of 3
11. Disclosure of Interest
The party
signing the
application shall be considered the Applicant.
Inc Applicant must be the owner
or trustee
of record,
hest beneficiary, lessee, contract purchaser,
or option holder of the subject
property or his or her
agent or nominee.
Anulicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Parhrership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHeruy that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
icant(s)
FORMA Page 3 of 3
FORM C File Number z RY5
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street � McHeruy, II, 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
Table 31 of the City
of McHenry
Zoning Ordinance provides
that in
recommending approval or
conditional approval of
a Conditional
Use Permit, the Planning and
Zoning Commission shall transmit to
the City Council written
findings that
all of the conditions listed below apply
to the requested action.
Please respond to each of these conditions as it relates to your request
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district have
been appropriately controlled.
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings and with permitted uses in the zoning district. The use will not have undue deleterious
effect on the environmental quality, property values, or neighborhood character existing in the area or
normally associated with permitted uses in the district.
FORM C Page 1 of 2
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to
that normally expected of permitted uses in the district, nor generate disproportionate demand for new
services or facilities, in such a way as to place undue burdens upon existing development in the area.
LJOU
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors
associated with the use nor of the general public in the vicinity.
lo`Q �' f��ti�C► �`a '� v�r�QCx.C,`i' ti � �tw�/ Wct,�/
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
and its particular location, r
i.3 ;a C o rrvZC u: ��? (A I ct///
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FORM C Page 2 of 2
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McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
REGULAR AGENDA ITEM
DATE: June 3, 2019
TO: City Council
FROM: Wayne Jett, Mayor
RE: Issuance of Class A Liquor License to Whiskey Straight LLC dba Whiskey Straight,
located at 3932 Main Street, McHenry, Illinois
ATT: Letter from Dan Hart to Council Explaining Business Concept
Liquor License Application
AGENDA ITEM SUMMARY:
The purpose of this agenda item is for Council’s consideration for the issuance of a Class A Liquor
License to Whiskey Straight, located at 3932 Main Street.
BACKGROUND/ANALYSIS:
Two already successful business owners – Dan Hart (DC Cobbs McHenry and Smith’s Central
Garage) and Kevin Slimko (Slim’s Barber Shop, Crystal Lake) – are seeking to partner to bring a
unique, destination-oriented business to 3932 Main Street – Whiskey Straight. While the primary
business at this location will be as an upscale men’s barbershop, their business plan also includes
offering other amenities such as shoe shines/shoe repairs and barber -training classes, as well as
being able to offer a small (6-8 seat) bar area where customers will be able to purchase and
consume upscale whiskeys and scotches. The concept, as discussed in the attached letter, will
be “1920’s speakeasy themed” and will result in extensive improvements to the existing building.
Also identified in the letter, video gaming will be offered as an amenity at the location. Conscious
of the recent discussions by Council regarding video gaming, Dan has identified that no video
gaming signage (interior or exterior) will be visible from the street and that gaming will be located
in a separately enclosed room, also not visible from the street.
As Mayor and Liquor Commissioner, I am supportive of this project on many levels. First, Dan
and Kevin bring proven business success. They each own existing businesses (in Dan’s case, many
businesses) with a built-in following that will no doubt bring instant interest in this new venture.
Second, this concept is unique not only to McHenry and McHenry County, but to this region .
While similar concepts can be found around the United States, this will be a “one of a kind”
destination specific to McHenry. Third, Dan is already well-versed in what is required to obtain
and maintain a liquor license. With this background and knowledge, he will be able to ensure
that staff is appropriately trained and that local and state liquor laws are maintained. This
knowledge makes this proposed business different than others that may come before Council
seeking liquor licenses as an amenity to the primary business. Finally, and most important to me,
Dan holds a vision for what McHenry could become and has already shown a willingness to invest
in the community (DC Cobbs and Smith’s Central Garage). With this concept, he is willing to
invest in an area of McHenry that is often overlooked and overshadowed by Green Street and
Riverside Drive, and he understands that Main Street has great potential. He is interested in
being part of the solution to revitalize Main Street. In my opinion, this is exactly the type of
private investment that is needed to kick-start more redevelopment on Main Street. If you have
any knowledge of Dan’s businesses, you know that he is not going to cut corners and that this
will be a first-class establishment. In short, Dan and Kevin are willing to take a chance on investing
in McHenry and, as such, we should support them in this venture . Most certainly, this is more
appealing than seeing vacant and neglected buildings.
I understand from discussions with Dan and some Council Members on this issue that the
presence of video gaming may be a negative for this project. As you know, I am not the biggest
fan of video gaming and believe that we need to continue to address this topic as a Council.
However, we need to remember that video gaming revenues contribute approximately $600,000
to General Fund Revenues and, despite our personal opinions of video gaming, its existence does
not place additional burden on public services in return for these revenues. Next, I believe that
we truly have to consider requests for liquor licenses (with or without the potential for video
gaming) on a case-by-case basis on the merits of the overall business concept. Finally, as it relates
to this project, Dan is an existing business owner in the community (one of which offers video
gaming) and, unlike “video gaming cafes”, video gaming will be offered only as an amenity at the
location and will not be advertised at the facility per his letter.
As additional information, unlike the discussion that Council had on May 20th regarding full
service personal care liquor licenses, in the case of this request, the plan includes the location of
a bar for the sale of alcohol as a separate service – in other words the alcohol is not offered as
part of a “package” - therefore a Class A Liquor License has been requested and is the most
appropriate for this request.
RECOMMENDATION:
Therefore, if Council concurs, I recommend that a motion be made to approve the issuance of
a Class A Liquor License to Whiskey Straight LLC dba Whiskey Straight , located at 3932 Main
Street, McHenry, Illinois pending the successful completion of the required background check.
McHenry City Council,
I am writing to you to share an exciting new concept that I would like to bring to McHenry and to
ask for your support.
The continued revitalization of McHenry’s downtown business districts is important to me. As an
investor, property owner, and business owner in McHenry, I want to continue to work with you to
bring great opportunities to the community.
As you probably know, I am an investor in The Hub Market; now own Smith’s Garage; and brought
my own branded dining concept, D.C. Cobbs, to McHenry. The transformation of Green Street
over the last 18 months has been amazing and the support of the City, its staff, and residents is
incredible. This support is what has made me continue to invest in the community, as an investor
in The Hub Market on Green Street, and most recently as owner of Smith’s Garage on Pearl
Street, where I hope to make a positive impact in the Riverside Drive area.
I believe that as a result of what we have been able to do with the McHenry Downtown Theatre
and D.C. Cobbs, we have opened the door for more investors to come into the area. This is
proven with The Hub Market, Jexals, and even Buddyz who chose to undertake a remodel and
expansion. I understand that Buddyz is actually up a significant amount in sales since the opening
of D.C. Cobbs, meaning more people are coming to Green Street as a destination. The
improvements to Walsh Park, the Green Street Bridge, Riverwalk expansion at Miller Point, and
creek dredging project are creating a positive buzz that we hear about every day. Personally, the
revitalization of Green Street has been exciting to watch, as well as be a part of, and I think over
the next several years we will see it continue to flourish. I also believe that Riverside Drive offers
many exciting opportunities with its access to the Fox River.
I strongly believe that the next area of the downtown to focus on is Main Street. I have heard that
Main Street is the “forgotten downtown” of McHenry and avoided by many because of its rougher
character and supposedly undesirable people that hang around the area. As someone who
makes business decisions based the potential for return, I have conducted a great deal of
research on the Main Street area. In general, I found the buildings to be in sound structural
condition, needing mostly some love and care. The area is easily accessible from Route 120,
Route 31 and Crystal Lake Road and includes ample parking with the existing commuter parking
lot just west of the railroad tracks. There are already some great local businesses in the area
such as Plum Garden, Moe’s on Main, and Main Street Station, creating a good base from which
to grow. What is needed is a spark to ignite additional activity and investment in this area.
I am looking to spark revitalization on Main Street through a business concept that, while not new,
is new to McHenry County and the surrounding region. I recently purchased the building at 3932
Main Street as an investment opportunity. This is a mixed use building that has previously been
home to various businesses and most recently a tattoo shop. After purchasing the building I
decided to ask through Facebook what residents wanted to see developed in the area. Many
great ideas were tossed around. Everything from restaurants to organic grocery stores. Some
ideas came up multiple times and received positive feedback. One of these was the concept of
an upscale barbershop with bar service. Interested, I began to do some research on this concept.
I found quite a few places that exist around the country, and world, that do this. I then began to
brainstorm and reach out to professional contacts for guidance and advice. One of the first people
that I approached was a close friend of mine, Kevin Slimko, known as “Slim The Barber”, to see
if he had any advice or would be interested in being involved. Kevin has owned “Slim’s Barber
Shop” In Crystal Lake for 14 years. Many of Kevin’s clients commute from as far away as Chicago
to get a haircut at Slim’s. Kevin also has a very large social media following and produces training
videos for barbers.
Once I started explaining the concept Kevin immediately said that he was interested, thought that
this could be a successful concept, and one that would draw people from some distances to
McHenry. In addition, Kevin is already interested in opening a second location. This is what
pushed me to really be interested in investing in this unique concept and bringing it to McHenry.
With Kevin as the head barber and co-owner, this business would be able to draw a great deal of
traffic from surrounding communities. These customers would in turn frequent other local
businesses in McHenry. Increased customers on Main Street, along with the significant
investment that I am willing to make in rehabilitating the building, would result in other people
being willing to step up to invest in the Main Street area, just as they have done with Green Street.
Kevin and I have come up with a concept for the new business as well as having met with
contractors to get bids and the rough cost of opening. If you have visited any of the projects that
I am involved with, I do not cut corners and demand only the best workmanship and details.
The name of the new business would be “Whiskey Straight”, an upscale men’s barbershop
featuring dark woods and leather in the decor. With a primary business of being a barbershop,
“Whiskey Straight” will include the following:
● A small bar with 6-8 seats and a selection of upscale whiskeys and scotches that are not
commonly available.
● Feature shoeshines as well as the outsourcing of shoe repairs.
● Several small tables for customers to converse and socialize.
● Allow food to be delivered and consumed on site from any of our local restaurants.
● Feature wine tastings and small group events.
● Barber classes, upscale men’s hair care and beard products and select apparel.
● “Whiskey Straight” will be open at 9am, 6 days a week.
● Extensive remodeling of the interior and exterior of the building, including façade and
awning improvements. We would also like to discuss the possibility of an outside mural
with the City of McHenry.
Finally, wanting to be completing forthcoming, “Whiskey Straight” will offer video gaming. I
understand that this has become a debated topic in McHenry and I want to be able to include
video gaming as discretely as possible. Our concept is to build a small, enclosed room in the
back of the facility with the feel of a 1920’s “speakeasy” in which the gaming machines would be
located. In addition, there will be no advertisement of video gaming will exist visible from the
outside. As proposed, the gaming would be offered only as an additional amenity to the primary
focus of the business, a barbershop.
We are excited about bringing the concept of “Whiskey Straight” to McHenry and bringing it to
Main Street in particular. We firmly believe that if you decide to support our vision, we will be able
to kickstart the revitalization of the Main Street area. I do not enter into business opportunities
lightly, and would not propose this concept if I did not believe that it would bring something unique
and successful to the community.
Please contact me directly at 630.854.8881 if you would like to discuss this concept with me
further or if you have any questions or concerns. We would like to move quickly and appear
before the city council for our liquor license request in order to begin renovations and open this
summer. I hope that we will be able to count on your support.
Cheers,
Dan Hart
Conceptual Ideas:
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ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR
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ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION.
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRE$ENTATVL OR PRODUCER, AND THE CERTIFICATE HOLDER.
tMPORTANT: Ell* CArtiticate holder lion ADDITIONAL INSURED, the Policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WANED, subject to the tarns and conditions of the policy, certain policies may require an endorsement A statement on
thIs certificate does not confer rights to the certificate holder In lieu of such anderearnentrel.
rRoaucEl
Lemb, Lima b Co
1101 Perimeter Drive
Suits $00
Schgumburg IL 60173
N�uRFo
Whiskey Straight LLC
3932 Main St
McHemy IL 60050
01
COVERAGES CERT�IGATE NUMBER:52874413Q REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY RECUiREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. IJAMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
P Am U1I1R TYPEOPIN$URANCE DL iwvn t8 UCYNUittBER PO EiP PO C EJtP Lirltr8
A X co1AWERC1ALOENFRALLiABILlTY BP17023304 8/3/201e 8/3/2019 FAc OCCURRENCE�$110004000
T C W MS -MADE OCCUR "V" I
MED EXP am rson 151000
PERSONAL d ADV INJURY 1110004000
GEltLAGGR$GATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2 000,000
POLICY JECT LOC
PRODUCTS • COMP OP AGG S 2,000 0D0
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A AVTOMOBILILIABILrTY CA17023305 813/2016 twoi9 P COMBINEDW LIMIT
$1,000,000
ANY AUTO BODILY ►WURY (Per peroon) 6
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uTQS QNLY AUTOS BODILY INJURY (Par emilent)
x HIRED NON4WME0 OPE Q >i
AUTOS ONLY AUTOS ONLY
A X UMDRELLAUAs X OCCUR UM17023307 8/3/2018 8/312019 EACH OCCURRENCE ;2,DOO,D00
ExCBe& LL#9 !� ClAINSatAbE AGGREGATE $ 2,0001000
OED )( RE T4 NTTQN 1;
e WORKERS COMPENSATION 93WECABSBLR 81312018 8Pd/2019 X f
AND EMPLDVOW ULIBILrrY Y
ANYPROPR"TOWPAR1NERnECUt1VE
OfnCERIMEAMEREXCLUDE)? ►� NIA SL EACH ACCIDENT $ 500,000 _
(1LarWatortdasa to un EL DISEASE • EA EMPLOYEE $ 540 000
It rySasd doealOo Of O -- -
DESCRIPt10N Of OPERATIONS Detaw E.L. DISEASE POLICY UMtT S 500000
A Liquor Leh BP1IT0233D4 81312018 OW019 Agg"aU 1,000,000
tucriP1toNOPOPE"nONSILOCATIONSIVEHICLE$(ACORD101,AddUtWRamarkaSchodulo,mayboariechodHmom Sperobrequhad)
City of McHenry
33 S. Green Street
McFlenty IL 60050
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CATiCELLEO BEFORE
THE EICPiRA'fTWt DATE THEREOF, NOTICE WILL t3te DELIVERED IN
ACCORDAJ�CE WITH TILE POLICY PROVIStONB.
AUTHGR¢ED REPRE E!'NTATNE
+3 � ar a-o ♦ ,
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
REGULAR AGENDA ITEM
DATE: June 3, 2019
TO: City Council
FROM: Derik Morefield, City Administrator
RE: Consideration to approve and authorize the execution of a Development
Agreement and Release of Letter of Credit and Annexation Obligations between
the City of McHenry and Thelan Sand & Gravel
ATT: Development Agreement and Release
As identified by Attorney McArdle during the May 20, 2019 City Council Meeting, Staff has been
working with representatives of Thelan Sand & Gravel to coordinate the disposal of Boone Creek
dredged materials directly to their existing operation on Route 120 just east of McHenry. In
summary, this would reduce the City’s cost of having to move the material twice (first, to the
South Wastewater Treatment Plant site for drying, and second, offsite for final disposal).
Additionally, the disposal fee is significantly less than what the City would otherwise pay. In
exchange for this, the City would agree to release existing Letters of Credit (LOC) for
improvements identified in a 2003 Annexation Agreement between the City and Concord Homes,
assumed by Thelan as successor to Concord in 2015. It is important to note that the responsibility
for improvements remains with Thelan, or a future developer of the site, and that this agreement
simply releases the existing LOCs. New LOCs would be put into place upon develo pment of the
property. Attorney McArdle will provide additional detail at the Council Meeting.
Therefore, if Council concurs, it is recommended that a motion be made to approve and authorize
the execution of a Development Agreement and Release of Letter of Credit and Annexation
Obligations between the City of McHenry and Thelan Sand & Gravel.
Development Agreement and Release
Letter of Credit and Annexation Agreement Obligations
This Agreement is entered into by and between the City of McHenry ("City") and Prairie
Pointe Land Development Corp., an Illinois Corporation ("Developer") and Thelen Sand &
Gravel, Inc. ("TSG"), this day of June, 2019.
Recitals
A. WHEREAS, the City and Concord Homes, Inc. entered into an Annexation
Agreement dated February 17, 2003 ("Annexation Agreement") relative to the territory described
in the attached Exhibit A ("Annexed Land"). A copy of the Annexation Agreement, without
exhibits, is attached hereto as Exhibit B
B. WHEREAS, within the Annexation Agreement, section 20 provided, in part, the
following obligations on behalf of the OWNER:
a. OWNER agrees to construct... (a) public sidewalk on one side (of Veterans'
Parkway) and (a) 8'wide asphalt bike path on the other...
c. At the request by the CITY, the OWNERS shall be responsible for and pay the
cost of the construction and installation of a traffic control .signal at the
intersection of State Route 31 and the proposed Collector Road on the subject
property (Veterans Parkway), as depicted on the Concept Plan. These funds
shall be secured by a letter of credit prior to the CITY's approval of the
OWNERS' final plat of the last phase of the SUBJECT PROPERTY, or sooner
in the event the traffic warrants have been met. In the event the traffic signal is
warranted prior to OWNERS' final plat of approval, no permits or plats shall
be issued or approved until the required letters of credit are posted....
(parentheticals added.)
Collectively, these obligations relating to construction of the bike path, sidewalk and traffic control
signal shall be referred to as "Annexation Agreement Obligations".
C. WHEREAS, on or about December 18, 2015, the Developer, as successor in
interest to the Annexed Land, signed an Agreement to Assume Developer Obligations, a copy of
which is attached hereto as "Exhibit C" ("Assumption Agreement").
D. WHEREAS, in the Assumption Agreement, Developer assumed the Annexation
Agreement Obligations, secured by a letter of credit issued by American Community Bank & Trust
on December 18, 2015, with an assigned number of 15-230 and in the sum of $418,000, a copy of
which is attached as "Exhibit D" ("Assumption LOC").
E. WHEREAS, as successor in interest to the Annexed Land, the Developer also
secured its obligation to install certain on -site public improvements (including public infrastructure
improvements including sewer, water and other public improvements) at the Prairie Pointe
Business Park by a letter of credit issued by American Community Bank & Trust on December
19, 2003, with an assigned number of 03-061 and in the initial sum of $1,255,662.50, subsequently
reduced, by amendment, to $501,811,000.00 on or about December 30, 2006, a copy of which is
attached as "Exhibit E" ("On Site Improvement LOC").
F. WHEREAS, the City is currently in the process of hauling dredged material from
Boone Creek, in conjunction with dredging operations of the Fox Waterway Agency ("Dredge
Project"), and desires to coordinate disposal of the dredged material with TSG. TSG is the
guarantor of the Assumption LOC and its President, Steve Thelen, is the President of Developer.
NOW, THEREFORE, in consideration of the agreements and promises made herein, the
adequacy and sufficiency of which is acknowledged by the parties hereto is agreed as follows:
1. Upon execution of this Agreement by all of the parties hereto, the Assumption LOC
and On Site Improvement LOC shall be considered released by the City and may be cancelled by
the issuer, American Community Bank & Trust.
2. In consideration of the release of the Assumption LOC and On Site Improvement
LOC and thus, the release of TSG as guarantor of the Assumption LOC, TSG agrees to permit the
City to dispose of all 2019 dredge material on the Dredge Project at the TSG disposal site in
Lakemoor, Illinois at the following cost: $10.00 per truckload for the first 500 trucks and $20.00
per truckload thereafter, not to exceed a total of 20,000 cubic yards of Dredge Project material.
These prices only apply to the Dredge Project.
3. Developer hereby assumes the obligation for, and guarantees timely completion of,
all of the Annexation Agreement Obligations secured within Exhibit D (bike path, sidewalk and
traffic signal) and the full installation of certain remaining on -site public improvements secured
within Exhibit E (including public infrastructure improvements including sanitary sewer, potable
water and other public improvements), in compliance with the Annexation Agreement and City
Subdivision Control Ordinance, at the Prairie Pointe Business Park (collectively, "Improvement
Obligations"). To secure this Agreement to install the referenced improvements and Improvement
Obligations, Developer agrees that no building permits shall be issued on that certain 38 acres of
land (approximately), within the Annexed Land of the Annexation Agreement, legally described
as follows:
Lots I through 15 inclusive and lot 17 in Prairie Pointe Business Park being a
subdivision of part of the Southeast Quarter of Section 10, all in Township 44 north,
Range 8, East of the Third Principal Meridian, according to the plat thereof Recorded
January 6, 2004 as Document 2004R0001227, in McHenry County, Illinois.
depicted and designated Developer 38 Acres, on the drawing attached as "Exhibit F" ("Developer
38 Acre Parcel") until the Improvement Obligations are fully met ("Building Permit Hold").
Provided, however, this Building Permit Hold shall be released by the City upon the Developer
4
filing with the City, as beneficiary, new letters of credit as described in Exhibits D and E, in the
same amounts and on similar forms and issued by a bank reasonably acceptable to the City.
4. In the event traffic warrants are met at the intersection of Illinois Rt. 31 and
Veterans' Parkway prior to any building permits being requested from the City relative to the
Developer 38 Acre Parcel, the Developer fails to honor its agreements herein by failing to pay for
the traffic light installation cost as set forth herein and in the Annexation Agreement Obligations
("Traffic Light Installation Cost"), and the City ends up paying for any of these costs, Developer
further agrees that all costs incurred by the City shall be fully repaid by the Developer prior to any
building permits being requested from the City relative to the Developer 38 Acre Parcel. To secure
this agreement by the Developer, at such time as warrants are met, the Developer further agrees to
file with the City Letters of Credit described and in amounts stated in Exhibits D and E, on forms
and issued by a bank reasonably approved by the City. The Letters of Credit shall provide for its
draw by the City upon any request for issuance of any building permits relative to the Developer
38 Acre Parcel. In the event said Letters of Credit are not timely filed by Developer, the City may,
at its discretion, file a recapture ordinance against the Developer 38 Acre Parcel, imposing the
Traffic Light Installation Cost incurred by the City.
5. The agreements and promises herein shall burden and run with the Developer 38
Acre Parcel, described below, shall be binding on the successors and assigns of the Developer, and
a copy of this Agreement shall be filed in the Office of the Recorder of Deeds, McHenry County:
Legal Description-38 Acres
Lots 1 through 15 inclusive and lot 17 in Prairie Pointe Business Park being a subdivision ofpart
of the Southeast Quarter of Section 10, all in Township 44 north, Range 8, East of the Third
Principal Meridian, according to the plat thereof Recorded January 6, 2004 as Document
2004R0001227, in McHenry County, Illinois.
City of McHenry
:A
Its Mayor Date
Prairie Pointe Land Development Corp.
Its President Date
Thelen Sand & Gravel, Inc.
Its President Date
Z:\M\McHenryCityoflTbelan\ReleaseLOC&Obligations. doex
3
Exhibit A
Legal Description of the SUBJECT PROPERTY
Petrel I
That part of the Southeast Quarter of Section I0, Township 44 North, Mange 8, East of
the Third principal Meridian commencing at East Quarter Corner of said Section 10;.
. thence South 89 degrees 20 minutes 17 seconds West along the North line of the
cw1way mm Northeast Quarter of said Southeast Quarter, a distance of 84g.97 feet to the point of
ol,irtd beginning-, thence South 00 degines 31 minutes 38 seconds last, a distance of 385.22
-feet; thence South 19 degrees 14 minutes 10 seconds Fast, a distance of 100.30 feet;
thence South 00 degrees 31 minutes 38 seconds East, a distance of 403.01 feet; thence
Sou11i 26 degrees 29 minutes 53 seconds West, a distance bf 423.96 feet; thence South 11
degrees 02 minutes 43 seconds West, a distance of 80.00 feet; thence North 78.degrees 57
minutes 17 seconds West, a distance of 55.79 feet to a point of curvature; thence westerly
226.55 feet along a curve to the right having a radius of 840.00 feet, the cho-rd of said
curve bears North 71 degrees 13 rltinutes 42 seconds West 225.86 feet to a point of
tangency; thence North 63 degrees 30 minutes 07 seconds West, a distance of 1$1.90 feet;
thence South 26 degrees 29 minutes 53 seconds West, a distance of 169.64 feet to the
South line of the Northwest Quarter of the said Southeast Quarter, thence South 89
degrees 30 minutes 45 seconds West along said South line, a distance of 403.99 feet to a
line lying 20 feet easterly of and parallel with the easterly Right -of -Way of Illinois Statd
Route 31; thence North 26 degrees 29 minutes 53 seconds East alonngg said parallelline, a
distance of 148153 feet to the North line of the NortheastQuartrr of the said Southeast
Quarter; thence North 89 degrees 20 minutes 17 seconds East'nlong said North line, a .
distance of 413.81 feet to the point of beginning, containing 21.�5 acres more or less.
sP•9uslmw • TtC� act p of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of
the Third principal Meridian beginning at the East Quarter Comer of said Section 10;
tfitnce South 00 degrees 31 minutes 39 seconds East alor4,,gg the East line of the Northtast
Quarter of the said Southeast Quarter, a distance of 1324.0,7 feet to the Northeast comer -
ofthe Southeast Quarter oftlic said Southeast Quarter, thence South 00 degrees 32
minutes 32 seconds East along the East line of the Southeast Quarter ofthe said Southeast
Quarter, a distance of 432.17 feet, thence North 89 degrees 57 minutes 56 seconds West,
-- - a distance of 50.30 feet to a point of curvature; thence westerly 569.31 feet along a curve
to the right having a radius of 840.00 fee; the chord of said curve bears North 70 degrees
35 minutes 01 seconds West 557.53 feet to a point of tangency; thence North 51 degrees
12 minutes 06 seconds West, a distance of 161.69 feet to a potat of curvature; th enob
northwesterly 343.91 feet along a carve to the left having a radius of 710.00 feet, the
chord of said curve bears North 65 degrees 04 minutes 42 seconds West 340.56 feet to a
point of tangency; theism North 78 degrees 57 minutes 17 seconds West, a distance pf
67.40 feet; thence North 11 dogree3.02 minutes 43 seconds East, a distance of 80.00 feet;
thence North 26 degrees 29 minutia 53 seconds East, a distance of 423.96 feet, thence
North 00 degrees 31 minutes 38 seconds West, a distance of403.01 feet; thence North 19
degrees 14 minutes 10 seconds West, adisiaace of 100.30 feet; thence North 00 degrees
31 minutes 38 seconds West, adistsace of 385.22 feet to the North line of the Northeast
Quarter of said Southeast Quarter; thence North 89 degrees 20 minutes 17 seconds Fast
along sand North line, a distance of 849.97 feet to the point of beginning, containing
32.27 acres more or less.
POOR QUALITY
Fn4IMAGING
3 03-029-5282
a EXHIBIT
J
J
Pomd 3
Z uy, That part of the Southeast Quarter of Section 10, Township 44 North, Range S. East of
nnr M�a the Third Principal Meridian commencing at the East Quarter Comer of said Section 10;
thence South 00 degrees 31 minutes 39 seconds East along the East line of the Northeast
o�euta Quarter of the said Southeast Quarter, a distance of 1324.07 feet to the Northeast corner
of the Southeast Quarter of the said Southeast Quarter, thence South 00 degrees 32
minutes 32 seconds East along the East lice of toe Southeast Quarter of the said Southeast
Quarter, a distance of 432.17 feet to the pointof b aning; thence continuing South 00
degrees 32 minutes 32 seconds East along the said line, a distance of 889.74 feet to
the Southeast•comer ofsaid Southeast Quarto ounce South 89 degrees 37 minutes 52
seconds West along the South tine ofthe Southeast Quarter of the said Southeast Qualm,.
a distance of 1333-88 feetto the Southwest comer of the said Southeast Quarter; thence
North 00 degrees 21 minutes 03 seconds West along the West line of the Southeast _
Quarter of the said Southeast Quarter, a distance of 13I9.16 feet to the Northwest comer
of the Southeast Quarter of the aaid Southeast Quarter; thence South 89 degrees 30
minutes 45 sccdnds West along the South line of the Northwest Quarter of the said
Southeast Quarter, a distance of 20351 feet; thence North 26 degrees 29 minutes 53
seconds East a distance of 168.64 feet; thence.South 63 degrees 30 minutes 07 seconds
East a distance of 181.90 feet to a point of eurvature• thence easterly 22635 feet along a
curve to the"Ieft baVing a radim of 340.00 feet, the chord of said curve bears South 71
degrees 13 minutes 42 seconds East 225.86 feet to a point of tangency; thence South 78
degrees 57 minutes 17 seconds East, a distance of 123.19 feet to apoint of curvature,
thence southeasterly 343.91 feet along a curve to the right having a radius of 710.00 feet,
the chord of said curve bears South 65 degrees 04 minutes 42 seconds East 340.56 feet to
l ppoint of tangency; thence South31 degrees 12 minutes 06 seconds East, a distance of
01.69 feet to a point of curvahue; theoco easterly 568:31 feet along a curve to the left
having a ius of 840.00 feet, the chord of said curve bears South 70 degrees 35 minutes
01 seconds Fast 557.53 feet to a point of tangency- theme South 89 degrees 57 minutes
56 seconds East a distance of 50.30 feet to the the point of beginning, containing 35.01
acres more or less.
4 03-029.-S283
CONCORD ANNEXATION AGREEMENT
This Agreement made and entered into this 17" day of February, 2003, by and between the
CITY OF McHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"),
CONCORD HOMES, INC. ("OWNER"), and CONCORD HOMES, INC. ('CONTRACT
PURCHASER")
RECITALS
A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached
hereto and made x part of this Agreement by reference, hereinafter referred to as the
"SUBJECT PROPERTY" and was CONTRACT PURCHASER thereof.
B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBJECT
PROPERTY to the CITY, contingent upon the terms and provisions ofthis Agreement which
Petition has been filed in accordance with 65 iLCS 5/7-1-9, and the ordinances of the CITY.
C. The SUBJECT PROPERTY is currently improved with a single-family residence and farm
buildings on th east side of State Route 31, and is zoned A-1, Agricultural, pursuant to the
McHenry County Zoning Ordinance,
D. The SUBJECT PROPERTY has no electors residing thereon.
E. The SUBJECT PROPERTY consists of one contiguous tract of land which is not within the
corporate boundaries of any municipality or subject to an Annexation Agreement with any
other municipality, and is presently contiguous to and may be annexed to the CITY in
accordance with 65 ILCS 5/7-1-1, et seq.
F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with
the terms of this Agreement.
G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance
with the terms of this Agreement is in the best interest of the CITY, will promote sound
planning and growth of the CITY, and otherwise enhance and promote the general welfare
of the CITY and its residents.
H. Notice to the Fire Protection District, Public Library District or Township of the annexation
of the SUBJECT PROPERTY is not required.
EXHIBIT
7ro A-0 4t-p
03-029-5268
a
L This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5111-15.1-1, at seq.
J. Prior to the date of this Agreement, all public hearings were held upon proper notice
and publications as are required for the CITY to effect the terms of this Agreement.
NOW THEREFORE, in consideration of their respective agreements set out herein, the
CITY and OWNER HEREBY AGREE AS FOLLOWS:
1 _ Annexation. Upon execution of this Agreement, as allowable bylaw, the CITY shall
enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance,
together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the,
County Clerk of McHenry County and recorded with the Recorder of Deeds of
McHenryCounty. This Agreement in lts entirety, togetherwith the aforesatd Petition
for Annexation, shall be null, void and of no force and effect unless the SUBJECT
PROPERTY is zoned and classified as provided in this Agreement by the adoption
of ordinances by the CITY immediately following the execution of this Agreement
2. Zonina. Immediately following the annexation of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance granting a zoning map amendment to RM-2, High -
Density Multi -Family Residential District, C-5, Highway Commercial District, and BP,
Business Paris District, for the SUBJECT PROPERTY in substantial conformance
with the zoning district boundaries depicted on Exhibit B, entitled `Zoning Exhibit',
prepared by Smith Engineering Consultants, dated 9/19102, attached hereto and
made a part of this Agreement by reference,
3. yariance. Immediately following the annexation and zoning of the SUBJECT
PROPERTY, the CITY shah adopt an orctnance granting a variance to allow multiple
buildings on a zoning lot for that portion of the property zoned RM-2, with the
condition that no more than twelve (12) units shag be constructed within a single
building.
4_ Concept Plan ARpMval. The Concept Plan. prepared by JEN Land Design, dated
December 19, 2002, attached hereto as Exhibit C and made a part of tlusAgreement
by reference (hereinafter referred to as 'Concept Plan`), is hereby approved. It is
understood that the representations on the Concept Plan regarding land uses,
maximum number of units, the public dgtrts-of-way, open space layout, stomrwater
management facilitles and the configuration of lots is preGndnary in nature and the
final road and lot layout will be determined at the time of final plaiting for the
SUBJECT PROPERTY. OWNER agrees, however, that representations regarding
the location of proposed zoning designations, the provision of a collector road, and
landscaping buffer along Route 31 shag be binding and any amendments to such
representations, except as otherwise provided herein, shall require an amendment to
this Agreement
2
03-029-5269
S. MaxiMy n Number of Residential Units. OWNER shall be entitled to construct 244
new residential dwelling units on that portion of the SUBJECT PROPERTY zoned
RM-2.
6. J irtnitabon on Number of Units Allowed Per Year. Upon application by the OWNER
and review by the CITY, the CITY shall Issue permits for the construction of no more
than sixty (60) residential units per calendar year. The first calendar year shall begin
on the date of final plat approval by the City Council for the RM-2 portion of the
SUBJECT PROPERTY.
If, during the course of a calendar year, the OWNER has received building permits
for less than 60 units and the issuance by the CITY of a building permit for one (1)
additional residential building would cause the total number of units to exceed 60,
CITY Staff shall, at its discretion, issue said building permit However, no further
building permits for residential units shall be issued in the same calendar year.
Building Elevations.
a. RM-2Zonintt. OWNER agrees that multi -family units constructed on that portion
of the SUBJECT' PROPERTY zoned RM-2 shag have an appearance in'
substantial accordance with Exhibit D entitled 'Building Elevations', prepared by
Bloodgood Sharp Buster, undated, attached hereto and made a part of this.
Agreement by reference (hereinafter referred to as "Building Elevations').
b. BP Zoninq. OWNER agrees that appearance of all buildings constructed on that
portion of the SUBJECT PROPERTY zoned BP shall comply with the CITY's
Zoning Ordinance requirement for BP uses.
c. C-5 Zoning. OWNER agrees that all buildings constructed on that portion of the
SUBJECT PROPERTY zoned C-5 shall have a finished appearance on all sides
of such buildings having frontage on a public street
8. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY,
OWNER shall Install and maintain landscaping, berming, fencing and other
improvements In accordance with Exibit E entitled "McHenry Site PrelimInar_y
Landscape Plan", prepared by Pugsley & Lahaia Ltd., dated42/20/02, attached
hereto and made a part of this Agreement by reference (hereinafter referred to as
'Landscape Mans), in all areas of the SUBJECT PROPERTY that have been final
platted, unless weather prevents the installation of said landscaping, berming and
fencing, and in that event, temporary occupancy pem*s may be issued to the
OWNER. OWNER shall implement install, enforce, and maintain the Landscape
Plans within the SUBJECT PROPERTY, and shag incorporate the Landscape Plans
into the covenants and restrictions placed on the SUBJECT PROPERTY prior to
CITY approval of the first final platof subdivision within the SUBJECT PROPERTY.
9. Covenants and Maintenance. OWNER agrees to prWde for Implementation,
enforcement, and maintenance of all Landscape Plans, private paths, open space,
03-029-52.70
gas pipeline easements, private recreational facilities, storm water and drainage
systems, including detention basins and retention ponds, wetlands, and
conservation areas, as provided on Exhibit C, Exhibit D and Exhibit E by creating
one or more 'homeowners' association" or appropriate organizations. The
provisions of each homeowners' association corporate charter and bylaws and any
covenants used in its enforcement shal be submitted to the CITY with each final
plat of subdivision. it is acknowledged and agreed that the CITY shall have the
Fight, but not the obligation, to enforce all provisions of the homeowners' association
charters, bylaws, and covenants, as they relate to stormwater management, and
that all such documents shall so provide. It is furtheracknowledged and agreed that
ail homeowners' associations bylaws and covenants will specifically provide that
these shall not be amended as they relate to such implementation, enforcement,
and maintenance, and the means for providing funds therefore, without the prior
approval of the CITY_
10, Back -Up Special Service Area. Prior to CITY approval of the first final plat of
subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish
a Special Service Area over that portion of the SUBJECT PROPERTY zoned RM-2
to finance special municipal services as a back-up measure to the private
'homeowners' association" and assessment to ensure the continued maintenance
of the private subdivision improvements, including open space, landscaping, and
other amehities. as provided in this Agreement.
11. Tree Survev and Preservation Plan. OWNER shag provide a tree survey and
preservation plan for review and approval by the CITY priorto CITY approval of the
first final plat of subdivision within the SUBJECT PROPERTY, in accordance with
the CITY's Tree Preservation ordinance.
12, Curb Gutter and Sidewalks. OWNER shag instal public sidewalks on at least one
side of the street, concrete curb and gutter, and an enclosed storm sewersystem,
designed and constructed in accordance with the ordinances of the CITY, in the
areas of the SUBJECT PROPERTY zoned BP and C-5. Public sidewalks on both
sides of the street, curb and gutter, and an enclosed storm sewer system shall be
Installed in all other areas of the SUBJECT PROPERTY, in compliance with the
ordinances of the CITY.
13. Sanitary Sewer and Water,
a. The SUBJECT PROPERTY shall be developed with municipal sanitary sewer
and water. OWNER will be allowed to extend the municipal water and sewer
lines to service the SUBJECT PROPERTY, and the CITY will service the
development with water and sanitary sewer treatment facilities. Water and
sanitary treatment plant and main capacity will be made available to the
development on the same basis as it is made available to other developments_
03-029-5271
b. The CITY acknowledges that there is currently sanitary sewer treatment plant
capacity available from the CITYto servicethe SUBJECT PROPERTY however,
the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY.
No action of the CITY regarding application to the Illinois or U-S. Environmental
Protection Agency for permission to construct sanitary sewer lines on any part of
the SUBJECT PROPERTY shall be construed to constitute any representation,
warranty, or reservation by the CITY to OWNER that municipal sanitary sewer
treatment plant or sanitary sewer main capacity or municipal water wIR be
available to service the SUBJECT PROPERTY when OWNER apprres to the
CITY for connection permits.
c. The CITY shall exercise its power of eminent domain, if necessary, to assist
OWNER in obtaining all necessary easements, not already in existence, to
enable the installation of the aforesaid sanitary sewerand water Improvements.
OWNER shall pay all eminent domain costs and expenses incurred by the CITY,
including but not rimited to attorneys fees, title charges, appraisals, surveying
cost, deposition cost, witness fees, litigation enx mses and judgments in the
acquisition of any easement.
14. Interim Sanitary Sewer Connection, CITY agrees to allow connection of the
SUBJECT PROPERTY to the existing sanitary sewer line located on theeast sideof
Route 31 north of the property on an Interim basis. OWNER acknowledges that the
City's Master Plan for Sewer and Water indicates that the SUBJECT PROPERTY
will be served by a future sanitary sewer line extending east to Barrevile Road.
OWNER agrees that when said sanitary sewer line is installed and operational, the
CITY will require that the interim connection will be abandoned and the SUBJECT
PROPERTY he connected to the new fine, at OWNER'S sole cost and expense.
15_ Existing Rempture Agreement. OWNER acknowledges that the SUBJECT
3 PROPERTY is subject to an existing sanitary sewer and water reimbursement or
"recapture" agreement between the CITY and McHenry State Bank, as Trustee
under Trust Agreement No. 619, dated August 31,1994 ('Pintozzi Agreement'). The
sanitary sewer and water connections being made to the SUBJECT PROPERTY will
not be made in any respect to the Improvements made under Me Pintozzi Agreement
relating to 'Lot 4 in Highpoint Subdivision" and on that basis, the CITY will riot be
requiring the OWNER to pay reimbursement pursuant to the Piniaai Agreement.
OWNER hereby agrees to hold the CITY harmless from any liability the CITY may
have under the Pintoza Agreement for failure to collect monetary reimbursement
from the OWNER, pursuantto the Pintozzi Agreement, in the event it is determined
by any court of law in the future or by agreement of the CITY and the Pintozzi
representatives that the Pintozzi Agreement should apply to the SUBJECT
PROPERTY. In such event, the OWNER shall either reimburse the CITY for any
and all liability to the beneficiaries to the Pintozzi Agreement, including reasonable
attorneys fees incurred by the CITY in defending its position, or pay the beneficiaries
under the Pintozzi Agreement directly.
5
43-029-5272
i6. Reimbursement Proviclnn Upon development of any portion of the SUBJECT
PROPERTY, the CITY reserves the right to request OWNERS to construct
additional. expanded or oversized municipal public improvements onsite which
benefit not only the SUBJECT PROPERTY, but also other properties being orto be
i developed in the relevant service areas for such improvements_ In the event
j OWNERS make such improvements, the following provisions shall apply and be
included In a subsequent reimbursement agreement:
a. The properties which may reasonably be expected to benefit directly or indirectly
from the construction and Installation of such additional onsite expanded or
oversized improvements ("Benefited Property") will be determined by the CITYs
Consulting Engineer.
b. OWNERS shall be affovmd rakrrbursement for expanded or oversized
improvements as Mows-
1- 100% for improvements made offsite of the SUBJECT PROPERTY; and
2. Proportionately on a per acreage basis for improvements made onsits of the
SUBJECT PROPERTY.
c. The CITY shag endeavor to collect a pro rate Burn of money from the owners of
the Benefited Property upon connection. The total sum subject to reimbursement
to the OWNER, as wet] as the pro rate sum to be collected from the Benefited
Properly owners shaft be determined by the Cf1Y's Consulting Engineer taking
into account the following factors_ construction and easemerrt oosts; professional
fees; testing and analysis fees; and legal and administrative expenses. In
addition, interest shall be collected from the commencement date of this
reimbursement provision, calculated annually at one percent (1 %) over the last
July 1, five-year treasury bill rate. The sum collected shag be paid to OWNERS
after deduction of two percent (2%) for administrative charges due CITY. In the
event that any State statute shall determine an interest rate otherthan set forth in
this paragraph tfi_e., the State -Requirement shall prevail.
d. Subject to a nonappealable final court order, directing Crty to act otherwise, the
CITY shall not issue any connection permits until the Benefited Property owner
pays the reimbursement charge set forth In this paragraph,
e. The CITY will use its best effort to Collect the cost provided herein from the
Benefited Property owners but shall not be liable to OWNERS if the CITY is, for
any reason, unable to collect said cost The CrlYs lability to reimburse
OWNERS shag be limited to payment from fiords actually collected from
Benefited Property OWNERS.
f_ The CITY and OWNERS reserve the right to, at any time during the term of this
Annexation Agreement, file the Reimbursement Agreement with the McHenry
County Recorder of Deeds and notify the owners of the Benefited Property of the
terms of this reimbursement provision.
6
03-029-5273
g- OWNERS shall reimburse and indemnify CITY for all costs, engineering and
attorney's fees and liability incurred by the CITY in attempting to collect the
reimbursement amount subject to this reimbursement provision.
h. This reimbursement provision shaft have a commencement date when the CITY
Engineer issues a letter indicating substantial completion of the public
improvements which are the subject of the Reimbursement Agreement end"
terminate upon the earlier of ten years thereafter or upon reimbursement by the
benefited property owners of the charges referred to in this reimbursement
provision.
IT TTem"ary Si, age.
a. Advertising ions_ The CITY agrees to issue permits, following receipt of proper
applications and fees, for a maximum of three (3) temporary subdivision
advertising signs (one each for the residential, commercial and business park
portions of the development) on the SUBJECT PROPERTY, at locations
selected by the OWNER The signs shall be two-sided or v-shaped, a madnnmm
of sixty-four (64) square feet in area per side, twelve (12) feet in height, and set
back a minimum of ten (10) feet from the property line. The signs shall be
removed when the SUBJECT PROPERTY has reached ninety (90) percent
occupancy of the total number of residential units proposed, based upon
issuance of Certificates of Occupancy.
b. On -Site Directtonat Signs, On -site directional signs identifying the sales office(s)
and models) shall be allowed subject to approval by the Community
Development Department of the CITY, upon payment of a one-time permit fee,
with said signs to be removed on or before termination of sales otfice(s).
c_ Ternorary Marketing Signs. Upon payment of required permit fees to the CITY,
temporary marketing signs shall be permitted to the OWNER for participation in
the Festival of Homes sponsored by the Chicago Tribune. These temporary
marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed
for five (5) consecutive weeks at a time, not more than four (4) times a year.
18. Modpl Homes- Construction Trailers
a. Model Homes. Upon the annexation of the SUBJECT PROPERTY and in
advance of any final pint of subdivision or engineering approval, the OWNER
shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy
model units in one or more product litres being offered by the OWNER and to
construct and maintain otherappurtenantfaaifities forsaid model units, including
temporary sanitary facilities and systems (when a permit is received from the
McHenry County Health Departrnent) in advance of the construction of sanitary,
storm sewer, stone water detention facilities and water mains; provided,
however, no such construction shall prejudice the power and right of the CITY to
review, approve and disapprove final plats of subdivision and engineering plans
for any parcel containing said models. OWNER shall have the to right to use
03-029-5274
said models, as well as their garages, for sales, safes promotions and offices for
sales personnel, all as may be desirable or in any way connected with the sales
of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the
{ OWNER to construct temporary parking facilities paved to the sidewalk with curb
depressed or other appurtenances to the model units and sales offices subject to
the approval of the Community Development Department of the CITY and
compliance with all applicable codes of the CITY.
b. Construction. Imilers. Construction storage trat7ers used to build dwelling units
shall be allowed at locations to be approved by the Community Development
Department of the CITY. Upon the occupancy of 80% of the units in each phase,
all construction storage trailers shall be removed from that phase of
development At all times during development of the SUBJECT PROPERTY,
construction storage trailers shall be parked no closer than 300 feet from the
nearest occupied home.
19. Underground, Utilities. OWNER shall install underground, at OWNER's cost, all new
electricity, gas, telephone lines and any other utility or cable devices, lines, or
conduits necessary to service the development of the SUBJECT PROPERTY.
20. Road Improvements and Contributions.
A. Collector Road. OWNER agrees to construct the east -west road as depicted on
the Concept Plan, with a landscaped center median, and public sidewalk on one
Side and 8' wide asphalt bike path on the other. CITY and OWNER acknowledge
that the utdmate design of the road w€ l have two through lanes in each direction
and left and right turn lanes at street intersections. CITY agrees to allow
OWNER to Install one lane in each direction, required turn lanes, sidewalk, bike
path and the landscaped center median, with the understanding that additional
lanes will be constructed as part of future development in the areas. Said
construction by the OWNER shall ensure that the future road expansion can
occur without undue disruption of the existing improvements.
b. Reservation of Land for Future, Roadway Connections. OWNER agrees to
reserve right-of-way necessary for the future road connections as depicted on the
Concept Plan_
1j North to the Tonyan Industrial Park. and
2) South to the property owned by William and Sylvia Lid, 2002 S. Route 31,
PIN 14-1Q-432-001, as depicted on ExhrM F attached hereto.
c. i-rzAaSkinall. At the request by the CITY, the OWNERS shall betesponsiblefor
and pay the cost of the construction and installation of a traffic control signal at
the intersec ion of State Route 31 and the proposed Collector Road on the
SUBJECT PROPERTY, as depicted on the Concept Plan. These funds shall be
a
03-029-5275
secured by a letter of credit prior to the CiTY's approval of OWNERS' final plat of
the last phase of the SUBJECT PROPERTY, or sooner in the event the traffic
warrants have been met. In the event the traffic signal is warranted prior to
OWNERS' final plat of approval, no pemkts or plats shall be issued orapproved
until the required letters of credit are posted. Subsequent to the OWNER'S
construction of the traffic signal, the CITY shall, upon OWNER'S request,
commission a traffic study at OWNERSs expense to determine whether or not
other parcels have benefited from the construction and installation of a traffic
control signal. If the traffic study determines that other parcels have benefited
from the construction and installation of said traffic control signal, then 'in that
event, the CITY will allow feimbursement to OWNER consistent with Paragraph
16 of this Agreement set forth hereinabove.
21. Limitation on C-5 Zoned Pmerty. Ali portions of the SUBJECT PROPERTY zoned
C-5 Highway Commercial District shag maintain a minimum parking setback of
twenty-five (25) feet and a minimum building setback offifty (so) feet, both measured
from the Illinois Route 31 property lime. in addition, the uses allowed on those
portions of the SUBJECT PROPERTY zoned C-5 Highway Commercial District shag .
be limited to those listed in Exhibit G attached hereto.
22. Donations Contributions and Fees. OWNER adknowladgesthatthe developmentof
the SUBJECT PROPERTY virg impact on schools, parks, the library and fire
protection districts and other public services within the CITY. To reduce the effects
of this impact, and as a condition of this Agreement, OWNER shag be obligated to
pay and/or donate, orcause to be donated to the CITY, or provide improvements for
the benefit of the CITY as follows:
a. Annexation Fees,
I. OWNER shall pay to the CITY the lump sum of $45,825 (representing
$1.000 per acre zoned residential, and $500 per acre zoned commercial)
within ninety (90) days foaawing City Council approval of the annexation of
the SUBJECT PROPERTY to the CITY.
ii. OWNER shag pay to the CITY the sum of SSso per residential unit,
including single-family and multi -family units, constructed on the SUBJECT
PROPERTY upon issuance of each building permit.
iii. OWNER shag pay to the CITY the sum of $1,888 perresidential unitsi,056
to School District Na. 15, $769 to School District No. 156 and $61 to the
Library District) constructed on the SUBJECT PROPERTY upon issuance
of each Certificate of Occupancy.
b. Cash Donations.
1. OWNER shall pay to the CITY certain Cash Donations per residential unit
constructed on the SUBJECT PROPERTY upon issuance of each building
9
03-029-5276
permit The Cash Donations payable by the OWNER to the CITY shall be
calculated as follows:
ow
UM(
om
taplow
1 Bsdroam
$0
3D
St,
i?a5
S2ES
�
8adraoma
51,784
$624
51,106
5$%,
Mg
MS
$5,475
36xdrpome
54020
5707
it 3
i�78g
!•26p
5265
i$348
4l3adr0om8
54.-
S7,702
53,100
E4,685
5285
f10,385
The Cash Donations referred to in this ctrart shall collectively be referenced to as
"Minimum Cash Contribution Amounts'.
it. In the event the Minimum Cash Contribution Amounts, as calculated above,
are less than the cash donation amounts set forth In the GITY's ordinances,
as amended from time to time, an amount equal to the amounts specified in
the CITY's ordinances, after adjustments as calculated above for land
donations, shall be paid, ratherthan the Minimum Cash Contribution Amount
provided In this Agreement.
Gi. In the event the Mrs cash contftutiGn ordinance, or any otherordlrrance of
the CITY relating to cash contributions for schools, parks, library and fire
Protection districts, is repeated or declared by a court of law to be found
unenforceable and all appeals have been exhausted, OWNER agrees to pay,
subsequerti to such final court aeon, the Minimum Cash Contribution
Amounts set forth In this Agreement. In the event such final court order
requires the CITY or School Districts to return or refund monies paid by the
OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to
allow the CITY or School Districts to retain the Kn#mum Cash Contribution
Amounts previously paid by the OWNER It Is the express intent of the
OWNER to release the CITY and Scroot Dis`icts from any IaNity or
obligation to refund the Minimum Cash Contribution Amount paid pursuant to
this paragraph under any citcwnsfances.
c. Release. OWNER hereby releases the CITY, School Districts 15 and 156,
Library District, and Fire Protection District from any and an Liability or damage to
OWNER and waives the right to dtaltenge, by lawsuit or otherwise, the validity,
legality or enforceability of the donations and fees set forth in thisAgreement, or
the Purpose for which the money is spent OWNER agrees not to pay any fees
under protest
10
03-029-5277
d. Donations DistingWL¢ d from Feet. Other than the donations specified in the
f0regoing paragraphs, during theterm of this Agreement, and irrespective of any
existing, new or revised donation ordinances of the CITY, OWNER shaft not be
required to donate any land or money to the CITY, or by action of the CITY, to
any other governmental body. Building permit fees, water and sewer connection
and capital development fees, and other similar fees which are charged for
specific services provided by the CITY, shall be payable in accordance with the
CITY ordinances in existence and as amended from time to time, except as
specifically provided in this Agreement.
1_ 's 'b ' . That portion of these fees to be distributed to the schools, as
determined exclusively by the CITY, may be distributed for the benefit of
some or all schools within School Districts 15 and 156, at the discretion of the
City Council. To the extent any of these funds are distributed to said School
Districts, they may be used for operating expenses at those schools within
School Districts 15 and 156, as directed by the City Council, at the time of
distribution. In the event a distribution agreement in a fonts approved by the
CITY is not executed by the School Districts prior to distribution of said funds
to the School Districts, the CITY may retain the entire amount paid pursuant
to this paragraph for CITY use. Nothing.herein is Intended to create third
patty beneficiary tights in School Districts 15 and 156 or the Library District.
2. [lnnual Adiustment. A_ t the end of each one-year period, with the first
adjustment occurring May 1, 2oa3, the fees referenced in the preceding
paragraphs a) ii, a) ui, and b) i, shall be adjusted upward by the percent that
the Chicago Area Consumer Price index has moved upwards since
December 31,toot, and every December 3l'rthereafter- Forthe purpose of
this paragraph, the prig index to be used for comparative purposes shall be
that index for the annual average Chicago area CPI-U, as published by the
United States Department of Labor. Bureau of Labor Statistics.
23. Aoridailturaf Uses. The CITY agrees that those portions of the SUBJECT
PROPERTY that have not been final platted may be used for agricultural purposes,
including crop farming overthe entire parcel, and that such use may be continued as
a legal nonconforming use in accordance with the ordinances of the CITY.
24. Binding Effect and Term This Agreement shall be binding upon and inure to the
benefit of the parties hereto, successor owners of record and their heirs, assigns,
and lessees, and upon successor mwsicipal authorities of the CITY and successor
municipalities for a period of twenty (20) years from the date of execution hereof, and
any extended time agreed to by amendment to this Agreement.
25. Amendment_ ThisAgreement may only be amended by written instrument executed
by all parties hereto. Provided, however, in the event title to the SUBJECT
PROPERTY, in whole or part, is transferred to successors In interest. future
11
03-029-5278
amendments relating to the SUBJECT PROPERTY may be made by and between
the CITY and the title holders to the parcel specifically requesting the amendment
without consent requited by other record owners of the SUBJECT PROPERTY.
26. Notice pftJDefault. Before any failure of any party to this Agreement to perform its
obligations under this Agreement shall be deemed lobe a breach of thisAgr,
the party alleging the breach shaft provide notice to the party alleged to be in default
specifying the nature of said default, and thirty (30) days elapses from the receipt of
said default notice without the default being cured. Notice shall be in writing and
delivered via certified mail, addressed as follows.
CITY
City Administrator Douglas K. Maxeiner
333 S. Green Street
McHenry, IL 60050
Alfred F_ Krumholz. Jr.
1000 Barton Court
Glenview, IL 60025-4426
(;O-neam Homes Inc
1540 East Dundee Road, #350
Palatine, IL 60074
27, Stop Orders. The CITY will issue no stop orders directing work stoppage on
buildings or parts of the development without setting forth the section of CITY
ordinances of of this Agreement allegedly violated by OWNER, and OWNER may
forthwith proceed to correct such vbWons as may exist provided, however, that the
C" shall give notice in advance to the OWNER of its intention to issue stop orders
at least twenty -flour (24) hours in advance ofthe actual issuance of such stop orders,
except in the event a health, 'rife or safety emergency Is deemed to exist by the
CITY.
28, 2rdinance ghgaM. Except as otherwise specified herein, all ordinances of the
CITY and other applicable jurisdclions shall apply to the SUBJECT PROPERTY,
OWNER and all successors and assigns in tilde. If during the term of this
Agreement, the provisions of the e)dstmg ordinances and regulations which my
relate to the development, subdivision, construction of improvements, buildings,
appurtenances and all other development of the SUBJECT PROPERTY, are
amended or modified in any manner so as to Impose more restrictive requirements,
such more restrictive requirements shall be enfo ceade as applied to the SUBJECT
PROPERTY, so long as such amendments or moderations are rron-disairrdnatpry in
their application and effect throughout the CITY or other applicable jurisdictions.
12
03--029-5279
29_ Obligations. Ali obligations of the OWNER in this Agreement, including monetary
obligations In existence now and in the future, as a result of this Agreement, shall
constitute covenants running with the land and such monetary obligations shall also
be liens upon the land. OWNER hereby consents to the filing of a lien on the
SUBJECT PROPERTY or parts thereof for which obligations are owed when any
obligations are more than ninety (90) days overdue.
30, Enforceability. It is agreed that the parties to this Agreement may enforce and
compel performance, whether by law or in equity, by suit, mandamus, injunction,
declaratory judgment, or othercourt procedure, only in courts of the State of Jllinois;
no such action may be brought In any Federal court In the eventthat either party to
the Agreement files suit to compel performance by the other, the prevailing party
shall be entitled to recover, as part of the costs otherwise allowed, its reasonable
attorneys fees Incurred therein.
31. Waiver. The failure of the CITY to insist, in any one or more Instances, upon
performance of any terms or conditions of thisAgreement, shall not be construed as
a waiver of future strict performance of any such term, covenant or condition and
the obligations of the OWNER shall continue in full force and effect.
! 32. Severability. If any provision of this Agreement, other than the provisions relating to
! the requested zoning changes and Preliminary Piat described herein and the
ordinances adopted In connection therewith, is held invalid by any court of
! competent jurisdiction, such provision shall be deemed to be excised hear from and
the invalidity thereof shall not affect any of the other provisions contained herein.
13
03-029-5280
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated
above.
I P McHENRX
Mayor Pam a 3. Althoff
Attest:
. Ci Jerk 7a .]oncs
OWNER AND FORMER CONTRACT PURCHASER
CONCO I10 ES, INC.
By:
Its:
14
03-029-5281
E
AEECl adttoAssumeTleyeio a ObR aft()
In oouslderatioa o£ilte promises end agrcemeztis arcade i reitr, tine adegowy and suMczeazay of
NAM is wUo vledged as baing r=ivad by the, ondersigoed and of the City of
RofIemq 9%A8 the attachW -12dme o ZenrtAY Chicago, hm fr&ire Leffe7.OffCx a*t0b7iRaitT om
that artalr; Aneyattotz Aateemerrtdated Febrxury I7, Z003 betMe); Con 0Drd Horner, A rued the C
o McH—m-r- (`gtetaaso Agreement") daateti DeMOM 21, 2015 and seaeptauc@ by fibs City ofldeMnry of
th'3ReplacementIOU OforeciitraferoWOdItho ROOM Agmoment;theuiuterslgnedl'rairiopotnt 7TAnd
Development Corp- dDes horeby agree fo assuaare the 1) Uvaioper Obligations uaclo r the Annsxatim t
Agreemeat referenced irnthe ReleaseAgrc-oment Iituitedto fat dovelolamont orthe hik oath and
sldesvalk regaired pur;uantto Soodon 20(a) ofthe Annoxatton.,gre=ont and hufalt IUM Of the -ftao
signal requited pu=mt to Seotion20(o) of tho AnAexatfon Agreementwbloh shalt ali bo oonsh-aotod and
lbstallcd imraedlatalyfoAotvingttaffto signal Warrants being met as Sattforth in SCONG1120(a) oftho
Annaxaf m Agw meat. Tho C1€y of MoHeatry attd Corp. acknowledge that
tho ab ng-tvto (2) lane eolieotor road known as is enmplete as cauxently built and is
notxtOred to bo w1donod to fouy (4) lanes and nothing in this Agreement shall oxCUse tho DovDloper
fronp cotnpfylzigivithflbs terms ofthaAnnexatiau Agraemsut 3vithxagflrd to porttons of thapmpet-tyit '
otans wlalah is fate subject of fire Anuex�tion A�eemszit.
A copy ofthls Asmmption Agreement shall be filed bytbe City of Ivlc�etztry vrirtz the MaHetiry
CoagtyRecorder ofAeecEs as affectipgtba PmP�y legallydesorr"bed ou the ati�liad Fxiaiblf A.
r -
. Pta6ic Palate beveloputout (3orp. -
r�
_.--------------------------------------__--__:___------r --__-=gay;--- - -- - •--- -------------- ---
praldb6t L Data fRl�12lr
EXHIBrr
W-7-P r
McHenry County Ramder PF7..IFsK W Ows f 2Dt8 MW7M
1 C
d
to Aft to Assmie PnTLqReE C§49atioDz
Parcal 1.
That part of the Southeast Quarter of Seetloji 10, Town!-ilitp 44 North, Range 8, Emt of
Meridian conimenting at East Quad of 8 eeflun 10;
the. Third Priivipal �AerIex CDrnqr o
thence South 89 degrees iO rairnaes 17 seconds West along the North line of the
�Vla
Northe�t Quartet` of said . Southeast Quarter,, a distance of 949.97 ket to the point of
beginning; thence South 00 66gmes 31 u7iinutes.38seconds East, ndistance of3g5-22
-feet; thence South 19-degrees- Orninutes 10 seconds East, -a distance of 100.310fbet;
flieuc e - South. 00 -degrees � 11 Mimin tes 38 seconds East, a distance of 4 M, 0 1 feet,, thence
h
South 26 degrees 29 minutes 53 seconds West, a distance 'o f 423,96 feet; 4ealc e South 11.
degrees 02 minutes 43 seconds W6st.,---a distance of 8-0.00 feet; thence North 78 Afgrees 57
minii es 17 secoacis Weft, a distance of55.79T feet to apoiat of curvalum; the-neaweaerly -
226.55 feet aloag a i,-trveto the right having a radfus of 840.00 feet, the c6dof said
curve bears North 71 degrees 13 numtes, P-. seconds West 225.0 'fot to a point oj'
tangency; thence North 63 degrees 30 xnluutcs 07secands West, a distance of 181.-0 0 feet;
thence South 26 degree* 29- minutes 53 seconds West" a Aistance of 169,64 feet to the
South line of the Northwest Quarter of the said Southeast Quarter; theneq Scuffi 89
South line, a distana of 403 99 feet degrees.30 minutes 45 seconds West along said So M to a
Wa lina tal Hw lying 20 feet easterly of and parallel viffi the eastexiy Right -of- YOM is'S e
Fnute 31; theme NoiM 26 degmes, 29 minutes 53 seconds East alOag said parallel- 1*, a
distance of 148 I.S3- feet to `the NoAh tim of the Notfficast-Quafter of the said 9Wfhb,-LSt
Quarter; thezt;PNnrth RR domes 20 mha�ites 17 seconds East q.1on-, said North ilac, a
distanw of4b.91 feet to 66 p7dmt of begim Ing, V - -atres 6re, r IeM -Ont tag '0
hTd -Offhe, Southeast Qua-rter of Se6tian 10, Township 44 Noxtb, Ranga 8, East of
Park
Quarter Coraprof said Section 10;
ttdnce South 00,6ejVees31 m5Autes 39 secon& East aOT19 the Est lien Of the Northeast.
1he, Ater of sdid S 04east Quarter, etto the Northeast corFser
6f the SDlathead Quarter; 12*ce -SMI&OD
-1st Quarter said:
O?tbLf� Southeast
minutes 02 seconds Fast long the East line oi the Southeast Quartertf the said SD'affi6gst
Q11Mt04 a dWsnoe- of 432-17 feet;. fheaqt lqo.-& 99 �degr= $7 enutes 56 seconds West
- - - •
a distance of 50.3fl feet to a paid of ctzr t�'dture; thence Neste rly 568.31 feet oag. a curve
to- the 34ght having a 41 $ 40.00 feet the Ghord'of said curve bears Noi#li 70 degxeas
3s Mkltes0114&rCst557.53 feet to a POW -of 7ta'6RenPY; thtace Nor& 51 degrees
06 ssuoads -Wcst, u distance pf 101.69 faet to a polnt of cumtmc; thenctr
feet OMMIO thC left bR'VilLg a T.aclius of 710.06 feet' the
lJorthweEaerly 343.91 along a
chord of said =vebears )4QA65. degrees 04 mjuutes 42 s=ozds.'Wost340.56 fed to a
point of tamgear,)�, &eiict North 4 degrees 57 MWAes 17 sM011165 West,a dis4m= of
.
North u Aegrees.02 ni�mutes .43 4 distance of 80.00.,feet;
6-T40 :bet; th* 0
tlsenoe NGdh 26 den em 29 mijiutes 53 seconds East: a. dj5taneo of 42196 %=-t fimcp
North 00 de-trre&z 31 minutes R seconds West a &stanw of 403,01�eq thr!=North 19
10 seconds aZishmm of 101�0 feet; thmm N 400degrees
d0!ZrCeSl4 MiUAeS xthNortheast
west, line of the '
31 minutes3g seconds
Quarter of said 8 oufhwt Quarter; -ftnCe It 89 degrees 20 minutes 17 seconds; East
along sa3d North Rae, a &stame of 849,97 feet.to the piat tof beglnnin�, Cont
321.27 aOreA mote or less.
POOR QUALITY
FnR IMAQ04G
3 03-029-5282
I
i
t
Parml 3
That, part of the Southeast Quador of Szcf qa I 0,'Townsbip 44 North, Range 8, Hastof
C Third Mac, I al M. I all Oordnienci
h e'ldl U,- at the -t ast Qgartcr -Co r�tr 6-f s aid S e cHoia I i%
thence South Widr-grees, 31 A-dautes 3 9 secoads East along the East Anit, Df1he NortheaA
Quaver of the said Southeast Quarter, a distance of 13M.07 feet to the Na.rtheast earner
of the Southeast Quarter Ofthe'said Southeast Quarter; ffievze South 00 degms 32
minutes 32 s(-,wnd-q Easy
Quarter, ftdistance -of 432.17 f,* to the poirit-of bergimndng; tldcace.cLntIhuhig South On
degrees 32 minutes 32 seconds pb-,;t ajoj% the sand Bastjin6, EL distatice of 8,99--74 feet to
the SoLuthmt-omnei•of said Southeast Quarter; thence South 39 d6gkees 37 minutes 52'
$eco,#ds Wca alOnq the Bbuih line tithe Southeast-Quartor qf- the. sald Satithdast Quarter,
a distance of 1-333-89 feet to the Southwest corner of the Sp:jjj Southeast. Quarter, thence
North 00 degrees 21 minutes 03 seconds West ajolig th-,',yes-t line of Southeast
Quarter of the said Southeast Qua'16T, a diSUMe of 1319. f 6 feet to. the Northwest comer
0f fE C'- S otfflAeast Quarter of the said Southeast Qiia-rlex , thence South 89 degrees 30
mirVes -45 seconds West tIong the South We of the, Northurest Quart�r of the. said
Sc�utlieast Quarter, a distance af2Q351 feet; Thence I�Io 26 degrees 279 idumtes 53
80 miautoz 07 s=.qds
thence. easttrly 226.55 feet kot�
f said -curvy bdars S014th 71
oftangencr, thmcesouth7a
distance bf 23r1 fed to a point of aurvataw"
right having a Md!155 of 7 10-00 Ie:64
the, chord 6f sald ourve bears South 65'deg=s- 04 minutes 42.s=nds East 34M6 fWto
alcoirit of tangency; thence South-31 dues .12 minutes 06 s=n& East,a &big= -of
1., .69 feet to a point of mmatum; *mw eastarty 568,'3 1 fod along ourve to the left
having a iodine of 840.00 feet, the chord. of sext CU Mboars'South 70. 6;gmeg 35 Mkutcs
01. seconds -Last 557.53 feet to m p6int of tangency;theme South 89 degrees 57 whin te. s
56 SecotL& East: -a disvmcc of 5-0430 feet to the fne ipoint of beginnin& omitaki4g 35,ol
acres ni-ara of I=.
NOR
4 03-029-S283
F*VvTierican
COMML-fliv)/
BANK &TRUST
December 18, 2015
IRREVOCABLE LETTER OF CREDIT f40. 15-230
BENEFICIARY: CITY OF MCHENRY, I,LUNOIS
AN ILLNOIS MUNICIPAL CORPORATION
3.33 SOUTH GREEN 9fRF=
M,CI•IENR.Y, ILLINOiS 60050
APPLICANT- PRAIRIE POINTE LAND DEVELOPM0IT CORP.
28955 W. ROUTE 173 '
ANTI:OCH, .ILLINOIS 60002
AMOUNT: USD $418,OQ0'.00 (FOUR HUNDRED EIGHTEEN THOUSAND AND 0,0/100
US DOLLARS)
EXPIRATION: DECEMBER 18, 301b, SUBJECT TO TERMS BEWW
GENTLE, MtN:
WE HI;RPBY ESTABLISH OUR IRREVOCABLE LETTER -OF CREDIT NO. 15 230 IN YOUR
FAVOR. FOR THE ACCOUNT OF PRAIRIE POINTE LAND DEVEIAPNNT CORP. FOR A SUM
NOT TO EXCEED FOUR HUNDRED EIGHTEEN THOUSAND AND. 001100 US DOLLARS
`f$4l &,WQ.00) AVAILABLE BY YOUR DRAFTS AT SIGHT IN FORM ATTACHED HERETO AS
I~3QH;.BIT A, ACCOMPANIED BY THE FOLLOWING DOCUMENTS-
CERTIFICATE- IN THE FORM ATTACHED HERETO AS EXHIBIT B, EXECUTED BY AN
AGENT OR OFFICIAL OF THE CITY OF MCHENRY.
FORTY-FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THIS IRREVOCABLE LETTER OF
CREDIT, WE-VdILLNOTIFY THE CITY OF MCHENRY, MCHENRY 1ViUNICLPA.[, FENCER, 333
SOUTLI GREEN STREET, MCHENRY, ILLINOIS 60050,. ATTENTION: CITY' CLERK, BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE IMPENDING EXPIRATION DATE,
IN NO kVENT SHALL THIS IRREVOCABLE LETTER OF CREDIT OR THE COMMITMENT
EVIDEKCE1) BY IT EXPIRE WITHOUT SUCH 45 DAYS -NOTICE.
THE WDRK OR IMPROVEMENTS. COVERED BY THIS IRREVOCABLE LETTER OF .CREDIT
ARE: 'THE PUBLIC IMPROVEMENTS FOR CITY OF MCU NIIY, MCHENRY, I T INOIS
CONSISTING SPECIFICALLY OF THE SITE IMPROVEMENTS SET FORTH IN THE AGREEMENT
TO ASSUME DEVELOPER OBLIGATIONS SET FORTH ON EXHIBIT C ATTACKED HERETO
AND INCORPORATED -HEREIN BY REFERENCE.
WE EXPRESSLY A.GRLE THAT OUR OBLIGATIONS UNDER THIS IRREVOCABLE LETTER OF
CREDIT WILL NOT BE -IMPAIRED, MODIFIED OR AFFECTED BY ANY EXTENSION OF TIME
WITH RESPECT TO, M ALTERATION IN THE WORM OR IMPROVEMENTS COVERED BY THIS
TRUVOCAI3LE LETTER OF CREDIT, AS DESCRIBED ABOVE. WE HEREBY WAIVE NOTICE OF
.ANYAAID ALL SUCH EXTENSIOA4S OF TIME AND ALTERATIONS.
EXHI IT
1290 Lake AV6nUC * POSt Office BOX 1720 * %Voodstock, 1.111n6is 60098
Phone 815-338-2300 * Fax 338-9289 * email q amcflmbank.com
I
WE FIEREBY AGREE WITH THE DRAWERS, ENDORSERS AND BONA FIDE HOLD'En OF ALL
DRAFT'S DRAWN AND DOCUMENTS PRESENTED UNDER AN IN COMPLIANCE WITH THE
TERMS OF THIS IRREVOCABLE LETTER OF• CREDIT, THAT SUCH DRAFTS WILL., BG DULY
HONORED UPON PRESENTATION TO US, W, W ITRIN 5 DAYS OF THE DATE ANY DRAFT
DRAWN IN CONFORMITY WITH THIS IRREVOCABLE LETTER OF CREDIT, IS PRESENTED,
WE FAIL TO HONOR SAME., WE AGREE TO PAY ALL ATTORNEYS FEES, COURT COSTS AND
OTHER EXPENSES INCURRED BY.T[TE CITYOF MCHENRY INENFORCING THE TERMS. OF
THIS LETTER'O'F CREDIT.
TIRS LETTER OF CREDIT SHALL BE DEEMED A CONTRACT MADE UNDER THE LAWS OF
TFIE STATE OF ILLINOJS AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH SUCH LAWS. THE UNDERSIGNED AGREES. THAT VENUE FOR ANY ACTIONS
BROLJGT-IT WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN THE TWENTY SECOND
JUDICIAL COURT, MCHERRY COUNTY, ILLINOIS_
THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THE MDERSIGNED-HAS FULL
POWER AND AUTHORITY TO ISSUE TEAS LETTER OF CREDIT, AND THAT ALL CONDITIONS
PRECEDENT TO THE ISSUANCE OF THE LETTER -OF +CREDIT HAVE BEEN SATISFIED.
VERY TRULY YOURS,
,A,.MERLCAN CO IV `LAITY BAND & TRUST
ANDY HARTLIEB,'PRESTDENT
SIGHT DRAFT
EXF IBIT.A TO WERICAN COMMUNITY BANK& TRUST
IRREVOCABLE LETTER OF CREDIT NO. 1 23Q
DATE
TO: AWRICAN.COMMUNITY 13ANK & TRUST
129.0 LAKE AVENUR
WOODSTOCK, ILLINOIS 50099
AT SIGHT, PAY TO THE ORDER OF THE CITY OF MCHUNRY, THE SUM OF
$ US DOLLARS (USD
VERY TRULY YOURS,
CITY OF MCHENRY
BY.
TITLE:
DRAFTNO. DRAWN UNDER Af,9 RICAN COMMUNITY BANK & TRUST
IRREVOCABLE LETTER OF CREDIT NO. 15-230 DATED DECEMBER 18, 2015
FORM OF'SIGHT DRAFT APPROVED ON 1211812015.
AMERIG ANK & TRUST
BY,,
AN Y 1 L1 , PRE$IDB'NT
E)GHB IT 'B TO AMERICAN CO'MMUN [TY BAND & TRUST
IRREVOCABLE LETTER OF CREDIT NO.15-230
CERTIFICATE
DEFECTIVE MATERIAL OX WORKMANSHIP
THE CITY OF MCHE110,Y, AN ILLINOIS MUNICIPAL CORPORATION, HEREBY CERTWI-98 AS
FOLLOWS-,
I.
THIS STATEMENT IS EXECUTED BY , WHOSEPOSITION !
T
OR TITLE IS , AND WHO IS DULY AUTHORIZED TO
l_--
MCUTE TIJIS STATEMENT ON BEHALF OF THE CITY OFMCBENRY. {
r
2.
THIS STATEMENT IS MADE AND DELIVERED TO OBTAIN PAYMENT AGAINST'
.AMERICAN COMMUNITY BANK & TRUST LETTER OF CREDIT NO,15-230, DATED
DEC Eh BEIR 18, 2DI5.
3.
THS WORK OR IMPROVEMENTS COVERED I3Y THE AFORESAID IRREVOCABLE
LETTER OF CREDIT ARE: COMPLIANCE WITH THAT CERTAIN ASSUWTION OF
CERTAIN DEVELOPER OBLIGAT10N9 SIGNED BY PRAIRIE POINTS LAND
`i
i
DEVELOPMBNT CORPORA'nON AND DATED DECEMBER 18, 201.5;
A
4-
;.
THAT ALL OR ANY PORTION OF THE SAID WORK OR IMPROVEMENTS HAS NOT
BEEN COMPLETED OR DOES CONFORM TO THE PLANS AND,$PECIF'ICAT[ONS }
.NOT
APPROVED BY THE CITY OF MGHENRY ORTO THE APPLICABLE ORDINANCES AND
J
REGULATIONS OF THE CITY DF Mf�HENRY, QR
5.
t
THAT AMERICAN COMMUNITY.' BANK & TRUST LETTER OF CREDIT NO. 15 230,
DATED DECEMBER 18, 22015 IS ABOUT TO EXPIRE AND HAS NOT BEEN .RENEWED.
DATED:
CITY OF MC14ENRY
BY:
TITLE:
FORM OF CERTIFICATE APPROVED ON DECEMBER 18, 2015.
AMEItICAN C �' A TK & TR1 TS3`
BY:
A Y I B, PRESIDENT
Aveementto Assume Developer Obligations
In consideration of the Promises and agrocnaents made herein, the adequacy and sufficiency of
which is acb owledged as, being rooejWd J)y to pud ersigned and la hither consideration of the City of
McHe=y Signing to attached Release of
f4emur Chkago, Jhc. from Letter of Credit Obligations from
that Certain Anne=dan Agreement ckdadFebruzuy I Z 20013 between Con4ord Homes, hw. and the City
of3ficRenry C'Rdlea-se Agreement) dated DwembQr 21,2015 and acceptande by the City of McRenryof
the Replacement letter of etedit referenced In theRelme Agmemmit the undersigned Prairie Pointe Und
Development Corp. does hereby agree to assume the Developer Obligations under the Annexation
Agreement referenced ire the Release Agreement limited to further development afihe bike. path and
sidewalk reqWjrd pursuant to Section 20(a) of the Annexation Agreement and installation of the traffic
signal required pursuant to Section 20(c) of -the Annexation Agreement which shall all be constructed and
installed immediately following tnffc signal warrants being
43 satfbithingection20(6)ofthe
Annexation .Agreement. T4e, City of MqRemy and Prairie Point Developmekt Corp. admowledge -that
the existing two (2) lane collector- roadknown as Veteran's Parkway is complete as currently built and is
ncvtrequirrdtobavvioenedt3four (4)lapMand nothing intMs.kgTeeinentshall excuse Teveloper
:&Oun CQmpIyjn&'!A% the'terim of the Annexation Agrement with regard to pardons of the property it
avais Yibich is the subject of the Annexatioft Agreemgut_
Aoopy of this Assumption Agreement shall be Medty the City of mcamny Withthr.McHenr
CmyintRecorder of Deeds as affecting the properly legally described on the attached Exhibit A. y
Prairie Pointe Developmegt Corp.
President Date
Parcel
That part of the Southeast Quarter of Section -10, Townsb1p 44North, Range 8, EPA of
the 'Third Principal Mcr4,'m con=,eiidqz at East QuarterCiDm§r of§aidSectlron 10;
thence South'39'degrws20 rruautcs 17 seconds West along tbiWorffilifte of the
Northeast Quarter of said SoutheastQtwtti, a distaace of 09,0 feet Wtbd point of
begluixting;lhtaccSouth GO degrees 31 minints.38 seconds East, a distance of 395.2Z
-feet; thence South 19 depxr= 14 minutes 10 seconds East, a distance of 100.30.feet;
ihence South 00 dpgyees3l fninutes38 seconds Easi, a & ice of 403.01 recttht:nop
Souil-L 26 degrees 29 minutes 53 seconds Nest, adistance bf 423.96 fW4 thence go-tith, I I
degrees 02 raioutes 43 seconds Wbsf,-a distance of 80,00 feet; thence North 78,degrees 57
'mini tes 17 secon4s. Ww- adistance of 55.7.9 feet to apqiat of curvature; thcawweg
tarly
226.55 feet aloag'a. turve to the right bavipga radius of 840.0DRet, the c6M ofsaid
cuv5 bears North 71 degrees 13 miwte* 42 seconds West 22-5.86 'foot to a poirit of
tangency; thence North 63 ilegree* 30 wiinUteS 07 seconds _W;ssj, -a ffistaade of 19 L-9 D feet;
thence S ouffi 26degr= 29, minutes 53 seconds West a Aistar ce of 168,6.4 feet to the
south line of the Northwest Queer ofthe said Saifflieni Quarter; thence South 80
degre,es 30 mikiutes 45 seconds West alma said .South line, a. distance of 403.99 feet to a
jine..Ving.20 feet easterly of and parallel w&-fhe easterly Right-of-Vayof is o Hb.' �.
i, ' .State
Route 3l; them North 26 degrees 29 rallmt ss53 seqiDnds East along Wd par4leljim, a
distameof 148I.53 feet tothe Noith liru,- of the Nofffiewt-Qparter of tie said soufhbast
Qtmrter, thente, North 89 degrees 20 minutes 17 seconds Fast-*nck said 144orth haze, a
distance- of413.81 feet to the fcAnt of beg."g, cantaiiiiagg 21,65 IOMS more or less.
Thal part of the SOU±heast, QLmi-tOr Of Sz6fim iojoymship 44 Northi Range 9, East of
thehe East QLarter Corner of said section 10;
Third principal me�jdj= beimning.at t
tgeb= Soua,00 degree$ 31 Mjunte$ I.SF sewnds.East Gong the East line d the NbAiaRt
Quadez of the, said Southeast Quarter, a ffistaw& of 1324V to the, Northeast t,, omar -
of the Southeast Quarter ef the said So utheast- Quadw, IIL6nta -.8outh 00 &gra ei'39
IniUUtCS 3Z seconds Bastd:ongft Fast Ji4a o:ftbip Southeast Qudevofffie said soutl6ast
a distance of 50.30 feet tar a point of tuxv/aturc; theme westerly 5683.1 fbet AlOn"ag. a dulve
to the right having . ing a -radius of 840.00 fcet, the chord*of said- ouvo b1=,%XoPdi 70 6e9=9
35 njinites 01 seeonW61557-53 feet to a point-ofUnFn1,y; %exicel-qorat 51 degree
&
12 minutes 06 swwds Wes, a distance, of 101.69 feet to apciiat &jt`cumaiwe�;.thend.�
_ELd,rfhwcstvHy 343,91 fact Eaonga cuvdto the -left hav a radius of 71100 feet, the
ohorsl dif said curve bears North 5 d�grees 44 aninutes 2 secrwds Wst 340,56 feet to a
poi"T
67A) feet, ffieD�e North I I d egreis.02n;mutes 43 seconds East, a �dlr tance of 8100 feet;
6enze North 26 d6gr= 29 -miuuCm 53 secuads East, a distance of 423,96,feet, thence,
s -a �;ecqads,West, a distance- -of 403, 01 �eel 'thehce_ . NO& 19
North 00 degrees 31 minutes 3
degreas 14 mirrutes I a seconds West, a-ffigance of 100.30 fee4: ihencr, 3 orth 00 dt5grees
31 minute$ 3 8.oecconds West a:distaace of385,22 feet t0lhc North line of the Northeast
carter of said southeast Quarter; then= North 89 degrees 20 minutes 17 seconds Bast
arig said North line containing
l
32.27 acres more or IM,
P'OORQUALRY
FMR_ IMAGING
8 03-029-5282
Parcel 3
z That part of the Southeast Quarter of Sect on 10,Township 44'NoEth, Raqge 3, East of
r $ v t the Third Mncipal &I Meridian commencing at Fast Q� Iarter Ccarb-tr of said Section 1 a;.
Faa►rly thence degrees 3 � ztunt�tes 39 sect�rids Fast along South 00 d b the East line of the Northeast
R,es4dEn�aF
r; Quarter of the said. Southeast Qualier, a dL_twce of 1 s24.07feet to !he Northeast carer
of the Soutth=t QUEeter of the said So�eagt Quarter; thence South Ot? den ees 3
` - rnizxuees 32 seconds East IAng the,st'line of t4.e Southeas Quarter of e said St 104l a.st
QuUztcr, a distance of 431.17 feet to the poj:at•ofbegiruu-ag; theum rontinuing .South 00
degrees 32 Minutes 32 seconds East along the said line' a distance of 889.74 feef to `
the Sc4theast,corner•of said Southeast Quarter; thence SC-11 �.$9 degrees 37 minutes 52
seCcocls West along th✓ St�utltluie of Svutheag Quarter of the. said Sohtheast Quarter,
a distance of 1333,$8 feel i the l ortti west cvrrrer of the said Southeast Qirart,-r; thtnce
Norilx deices 21 Minute 43 setocds WCSt slang the WeA M-le of the Southeast .
Quarter of the said Southeast Quarter, a distome of 1319.16 feet to 11W Northwest corner
.of the S oirfheast Q tefi Of .€he said Southeast Quarter;;hence South 89 degrees 0
minjites 45 serunds West along, file South line of thcNorffiwest Quarti�3r Df the.said
Southeast Qijerter, a distance ofW S1 feet; theaM 1Tmth 26 d;V=s 29 minutes 53
s�conc3-s � adistanceof 1&S.64feet; fl�ence.Sozs1h.63 deb ees3:0.zninutes tt7.secorEds -
Fast, a distance of 191.90 feet to 8 point of cur Wituret .tbeace easterly 226.55 ft�,__t along n
curve to the1eft ha ing a radata of M.00 felt, the chord of said curse b6gs South 71
degrees 13 xu m#zs 42 seconds East 225.86 feet to a point oftatic-ency; tbtace• South 78
dexcee& 57 min?.ztes 17 s=nds Fast; a distance of 123.19 feet to. a point of out�rattlr..;
thence soufheasterly 343_91 t;a qr a mrye to the right having a nadir s of 71 Q.00 feet,
the chord 6f said u=e bears South. 65 deg=s 04 minutes 42 seconds East 3��56 feet i a
a pow of bmg�, icy; thence Sauff r 5}. degrees 12 minutes 06 seconds Easfi a distan��f
101.£9 Doet to a polgt ofcur`Yature; tbeace easterly 568:31. feet along a cum to the.left
having a taiuis of MOO feet., tie chord cif said 6u ve bears South 70 .degrees 35 mtautps
01 seconds fast 557.53 feet to ap61nt of'tangeucy; tlier�re South 89 de,�ees 57 rr„nutes
�6 seconds Bata distance �f 5 d-,30 feet tG the tha po t of begffird Ctlutah�izrg 35"01
acres m6te or less.
4 03`029~-5283
' � o
7AMerican
COMMM10ty
i BANK & TRUST
I
AMENDMENT TO IRREVOCABLE LETTER OF CREDIT
TO: City of McHenry
333 S Green Street
McHenry IL 60050
RE: LETTER OF CREDIT NO.03-061
Prairie Pointe Land Development Copp.
420 N Front Street
Mc$einry1160050
Please be advised that our Letter of Credit No. 03-061, dated Decemmber 19, 2003 in the
amount of $1,255,662.50—and subsequently reduced to $501,811.00— issued to you is
hereby amended as follaws:
The Letter of Credit is hereby extended until December 30, 2007
All other terms and conditions remain unchanged.
` 11iYJ.J.i1111.t11V V1Y11Y11
BY:
Andrew T.: artiieb,
T
DATE: December 30, 2006
' EXHIBIT
1500 South Route 31 *Post OffiCO BOX 970 Mcl-tenry, lilinOis 60051.0970
Phone 81 s-38s-sss6 * FaX 815-385-5557 email g amcombank-com
December 19, 2003
City of McHemy
333 South Green Street
McHenry, .111inois 60050
GUARANTLA E OF MATERIAL AND WORKMANSHIP
YRRE'VOC.A13LE LETTER. OF CREDIT NO.03-061
Beneficiary: City ofMcHeivy, Illinois
an Illinois Municipal Corporation
Applicant: Prairie Point Land Development Corp.
420 North Front Street
McHenry, IL 60050
Amount- $1,255,662.50
Expiration: December 31, 2004
Gentlemen:
We hereby establish our Irrevocable Letter of Credit No. 03-061
in your favor for the account of Prairie Point Land Development Corp. for a sure or stuns not to
exceed ONE MILLION TWO HUNDRED FIFTY FIVE THOUSAND SIX HUNDRED SIXTY
TWO AND 501100 DOLLARS (U.S.$I,255,662.50) available by your drafts at sight in form
attached hereto as Exhibit A, accompanied by the following documents:
Certificate in the form attached hereto as Exhibit B, executed by an agent or official of
the City of McHenry.
Forty-five (45) days prior to the expiration of this irrevocable Letter of Credit, we will notify the
City of McHenry, McHenry Municipal Center, 333 South Green Street, McHenry, Illinois
60050, ATTENTION: City Clerk, by Certified Mail, Return Receipt Requested, of the
impending expiration. date. In no event shall this Irrevocable Letter of Credit or the commitment
evidenced by it expire without such 45 days notice.
The work or improvements covered by this Irrevocable Letter of Credit are: the public
improvements for the Prairie Point Business Park, McHenry, Illinois, consisting specifically of
the public infrastt'ucture improvements including sewer, water and the improvements at the
Prairie Point Business Park. This Irrevocable Letter of Credit is established to insure against
defective materials and workmanship in the construction of the above described improvements.
1290 Lake Avenue * Post Office Box 1720 * Woodstock, Illinois 6009a
Phol-w- 815 338-2300 * Fax 338-9289 * email Q ameonibank.com
Page Two
We expressly agree that our obligations under this Irrevocable Letter of Credit will not be
impaired, modified or affected by any extension of tine with respect to, or alteration in the work
or improvements covered by this Irrevocable Letter of Credit, as described above. We hereby
waive notice of any and all such extensions of time and alterations.
We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn and
documents presented under and in compliance with the terms of this Irrevocable Letter of Credit,
that such drafts will be duly honored upon presentation to us. If, within 5 days of the date any
draft drawn in conformity with this Irrevocable Letter of Credit, is presented, we fail to honor
same, we agree to pay all attorneys fees, court costs and other expenses incurred by the City of
McHenry in enforcing the terns of this Letter of Credit.
This Letter of Credit shall be deemed a contract made under the laws of the State of Illinois acid
shall be governed by and construed in accordance with such laws. The undersigned agrees that
venue for any actions brought with respect to this Letter of Credit shall be in the Nineteenth
Judiaral Circuit, McHenry County, Illinois.
The undersigned represents and warrants that the undersigned has full power and authority to
issue this Letter of Credit, and that all conditions precedent to the issuance of the Letter of Credit
have been satisfied.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits
(1993 Revision), International Chamber of Commerce, Publication No. 500.
American nil Banc & Trust
And ew T Hartlieb
President
Exhibit A to American Community Bank & Trust
Irrevocable Letter of Credit No. 03-061
SIGHT DRA)i T
Dare: , 20
TO: American Community Bank & Trust
At sight, pay to the order of the City of McHenry, die sum of
Dollars
( )
CITY OF MCE ENRY
Bar
Title
Draft No. drawn under American Community I3auk & Trost
Irrevocable Letter of Credit Nro. 03-061,
dated December 19, 2003
FonnOfSi htDraftA roved
on e_cGvsr bP.t' / 9 , 20 D�
Exhibit B to American Community Bank & Trust
Irrevocable Letter of Credit No. 03-061
CERTIFICATE
PE1ECTIVE MATERIAL OR ��'ORKtM1AhTSFIIP
The City of McHenry, an. Minois. municipal corporation, hereby cedi&es as follows:
1• This statement is executed by whose position or title is
and -who is duly authorized to execute this statement on bchalf of the .City of
McHenry.
2. This statement is made and delivered to obtabi payracut against,(inscrt Ba' nk's"name) Irrevocable
Letter of Credit No. dated .20
3. The NvorL or improvements covered by the aforesaid irrevocable Letter of Credit
are:
as shown on the followingylaos or specifications submitted to the City of eHenry
4. That all or any portion of the said work or improvements has not been completed or does riot
conform to the plans and specifications approved by the City of McHenry or to the applicable
ordinances and regulations of the City of1vIcHeory.
Dated- , 20
CITY OF WHENRY
Title
Form of Certificate Approved
on- �C 200:3.
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Derik Morefield, City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
dmorefield@ci.mchenry.il.us
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
REGULAR AGENDA ITEM
DATE: June 3, 2019
TO: Mayor and City Council
FROM: Derik Morefield, City Administrator
Ross Polerecky, Community Development Director
John Birk, Chief of Police
Troy Strange, Interim Public Works Director
Carolyn Lynch, Finance Director
Bill Hobson, Parks & Recreation Director
RE: Authorization for the Mayor to Execute a Letter of Intent with Leopardo
Companies, Inc. for the Completion of a Capital Program Audit to identify cost
savings for reinvestment to address the City’s capital improvement and
equipment needs.
ATT: Presentation Material
Letter of Intent
AGENDA ITEM SUMMARY:
The purpose of this agenda item is for the City Council to consider authorizing the execution of a
Letter of Intent with Leopardo Companies, Inc. for the completion of a Capital Program
Investment Grade Audit to identify opportunities for cost reductions, costs savings and
reinvestment as an opportunity to address the city’s capital improvement and capital equipment
needs. Two items of importance should be noted. First, that the completion of the audit itself is
of no cost to the City of McHenry. Leopardo guarantees that they will develop a budget that is
cost neutral or better for implementation. If the City chooses not to implement the developed
program, only then is the city obligated to pay Leopardo $50,000 for reimbursement of services.
If however, the program is implemented Leopardo will serve as the City’s “general contractor”
for the implementation of identified improvements through a Guaranteed Performance
Contract.
BACKGROUND:
On December 3, 2018 Leopard Companies, Inc. presented a strategy to the City Council that is
being implemented by public bodies across the country as a means to analyze energy and
operational cost savings that can then be reinvested to address public facility and public
equipment needs. In summary, the city is able to draw upon the breadth of expertise and
knowledge of Leopardo to conduct an investment grade audit of specific municipal expenditures
to determine opportunities to realize costs reductions/savings that can then be redirected to
meet existing and future needs related to public facilities (e.g., municipal center/parks garage
roofs, various facility HVAC and maintenance issues, etc.) and a realistic replacement program to
address vehicle/equipment replacement needs.
Three primary issues were brought up by Council as concerns at the December 3, 20 18 meeting
– 1) Why can’t city staff conduct this analysis and develop a program of costs savings, including a
vehicle/equipment leasing and replacement program, and why can’t the city just bond for these
improvements; 2) Why should the city use Leopardo C ompanies, Inc. and not go through a
Request for Qualifications (RFQ) selection process for services; and, 3) If the investment grade
audit is no cost to the city, how does Leopardo profit from the project? These are addressed as
follows:
1. Simply, City Staff does not have the expertise or time to conduct the level of assessment
that is required. Leopardo’s 40+ years of experience and nationwide contacts ensures
that the city is able to leverage the most competitive pricing to realize cost savings and
undertake building improvements and vehicle/equipment leasing costs. Bonding for the
improvements identified by Leopardo would cost more than what has been proposed by
Leopardo.
2. While the city could choose to complete an RFQ process, the result would be the
identification of a list of qualified firms that we would then negotiate a pricing contract
with. It would not guarantee a lower cost. In addition, there is no requirement for the
city to conduct an RFQ process for the selection of a firm for these services. This is a
professional service. Given the depth and quality of Leopardo’s feasibility study and the
breadth of Leopardo’s expertise to address multiple areas of our opera tions, City Staff
recommends entering into an LOI with Leopardo without expending the additional time
and City resources to conduct an RFQ. This will allow the City to realize savings and
capture the value of this program right away.
3. Leopardo will make money by serving as the General Contractor for identified public
facility improvement projects. This cost will be factored in to the analysis and be paid
through realized cost reductions/savings. The city benefits from this relationship because
Leopardo will be able to manage and implement the overall program on behalf of the
municipality. Think of it as building a house, Leopardo will manage all of the individual
contractors to ensure that the improvements are coordinated.
Now that these questions have been addressed, the item is coming back before Council for
consideration, with a Staff recommendation to approve moving forward.
ANALYSIS:
As Council is aware, the City of McHenry is facing a significant financial dilemma regarding our
ability to fund current and future capital improvements. In fact, at this point the City has kicked
the proverbial can down the road for so long on some items that catastrophic failures on vehicles
and equipment is imminent. One example of this over the past two years has been the rooftop
units (RTUs) on the Municipal Center. Two of the four units have now been replaced due to
complete failure.
Each year, staff and Council must choose how to spend limited funding between many competing
needs – roads, vehicles, equipment, municipal facility improvements/maintenance. In an
attempt to address these needs, in FY18/19 Council chose to increase the Telecommunications
and Local Sales taxes to generate additional revenues. Unfortunately, needs far outweigh the
funding mechanisms currently in place and without thinking “outside of the box” the city will
continue to edge towards the virtual edge of the cliff on being able to address most of these
issues.
The opportunity presented by Leopardo Companies, Inc. provides the city with a way to redirect
existing funding and/or costs savings/reductions to finance improvements to public facilities and
a way to implement a realistic vehicle and equipment re placement program. Further, by
addressing these needs through this program, items related to public facility
maintenance/improvements and vehicle/equipment replacement will no longer have to
compete with other capital improvements such as the Local Street Program.
While staff understands that this is a concept that is new to Council, and that there may still be
questions about its functionality, staff believes that the potential benefits of moving forward
outweigh the risk of continuing to delay public facility maintenance projects and
vehicle/equipment replacement. We are basically “kicking the can down the road.” In short,
Leopardo Companies, Inc. will either develop a plan that is cost neutral or better for addressing
needs, or they will not. Neither of these will cost the city unless we choose not to implement a
feasible plan that is presented. Doing nothing provides us with no alternatives.
On an additional and related note, the previous presentation by Leopardo included the potential
for the installation of solar energy facility on the Petersen Farm property that would be able to
be utilized to sell energy as well as provided energy for municipal facilities. Due to a variety of
factors this facility is now off of the table as an option. However, Leopardo believes that solar
energy could be installed on existing municipal facilities to realize costs savings.
Representatives from Leopardo Companies, Inc. will be in attendance at the June 3, 2019 City
Council Meeting to provide additional information and to answer any questions that Council may
have.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to authorize the
execution of a Letter of Intent for professional services between the City of McHenry and
Leopardo Companies, Inc.
Capital Creation Strategies
2
Agenda
•Leopardo Team
•Capital Creation Strategies
•Feasibility Study Findings
•Financial Overview
•Traditional Plan, Bid, Spec vs. Capital
Creation
•Cost of Delay
•M&V Profile
•Next Steps
3
Leopardo Team
Rob Vollrath
Chief Business Officer
Anthony J.Leopardo
Director, Strategic Relations
Chris Knosp
Director, Fleet Solutions
Justin Jezierski
Project Consultant
Joe Frankini, P.E., LEED AP
Senior V.P. of Operations
Drake Wahlers, P.E.,CEM
V.P. of Engineering
Mike Mrachek
Senior Project Manager
4
Capital Creation Strategies
•Guaranteed utility savings
•Guaranteed operational savings
•Verification of annual savings through
a monitoring program
•Project cost –no c hange orders
•Guaranteed equipment p erformance
•Ongoing operational s upport
•Single point of accountability
Promotes Operational Conservation Projects/Infrastructure Improvements
5
Feasibility Study Findings
Major Infrastructure Needs
Facilities
•Roof Replacements at City Hall and Merkel
Aquatic Center
•Window Replacements at Public Works
•Failing HVAC Equipment at Various Facilities
•Conversion of Lighting Systems to LED
Operations
•Half of City’s Fleet (54 Vehicles) is over 10
Years Old
•Estimated Replacement Cost of Old Fleet is
$4,086,073
•Current Fleet Maintenance Spend is
$414,387
Cost-Savings Opportunities
Utility Savings
•Facility Upgrades
•Solar Power Purchase Agreements
•IT Upgrades
•Utility Procurement
•Demand Response
Fleet Maintenance & Fuel Savings
•Fleet Alternative Fuel
•Fleet Leasing Program
6
Feasibility Study Findings
Overall Fleet Qty:
Over 10 Years Old 54
5 -10 Years Old 26
Under 5 Years 27
Total 107
Fleet Overview
•107 Total Vehicles
•$6,719,410 Total Replacement Cost
•$414,387 Annual Maintenance Spend
51%
24%
25%
Overall Fleet
Over 10 Years Old 5 -10 Years Old Under 5 Years
7
Feasibility Study Findings
Requested vs. Budgeted
Project 14/15 15/16 16/17 17/18 18/19 19/20 6-Year Total
Requested General Fund $504,661 $636,405 $626,157 $740,500 $1,020,000 $2,149,920 $5,677,643
Budgeted General Fund $58,000 $200,500 $190,800 $132,500 $0 $0 $581,800
Percent Approved General Fund 11.5%31.5%30.5%17.9%0.0%0.0%10.2%
Requested Enterprise Fund $540,000 $680,000 $300,000 $0 $732,000 $175,000 $2,427,000
Budgeted Enterprise Fund $0 $360,000 $300,000 $305,000 $110,000 $0 $1,075,000
Percent Approved Enterprise Fund 0.0%52.9%100.0%N/A 15.0%0.0%44.3%
Percent Approved Overall 5.6%42.6%53.0%59.1%6.3%0.0%20.4%
Fleet Overview
•Fleet requests have only been 20.4%funded over past 6 years.
•Significant portion of McHenry’s fleet is over 10 years old.
•Fleet maintenance costs significantly higher than average.
•Risk of catastrophic failure and use of emergency funds.
8
Feasibility Study Findings
Fleet Overview
Replacement Costs For Fleet 10 Years and Older
Department Number of Vehicles Replacement Cost Fund
Police 7 $246,324 General
Street 20 $2,723,017 General
Parks 10 $323,475 General
Administration 5 $175,290 General
Total 42 $3,468,106 General Fund Total
Water 2 $68,465 Enterprise
Wastewater 4 $152,630 Enterprise
Utilities 6 $396,872 Enterprise
Total 12 $617,967 Enterprise Fund Total
Total 54 $4,086,073
•Substantial Increases in Maintenance Costs
•Increased Risk of Catastrophic Failures
•Use of Emergency Funds
Without Replacing Older Vehicles:
9
Financial Overview
Before Project During Project After Project
Operational
Costs
($1,537,799)Reduced
Operational
Costs
($1,263,809)
Reduced
Operational
Costs
($1,263,809)
Project
Payment
($188,448)
Savings ($85,542)
Guaranteed
Savings
($273,990)Project ImplementationOperational SavingsReduce Operating
Budget
Fund Capital Improvements
from the Savings
Utilize Positive Cash
Flow as Needed
10
Traditional Plan, Bid, Spec vs. Capital Creation
Plan/Bid/Spec Capital Creation Strategies
FINANCIAL
CAPITAL/BOND/CASH
TAX BURDEN (LEVY IMPACT)
BURDEN ON BUDGET
MONEY YOU ARE ALREADY
BUDGETING IN OPERATING
BUDGET
ON-GOING SUPPORT NO SUPPORT AFTER
WARRANTY PERIOD
CONTINUOUS PARTNERSHIP
OVER LIFE OF CONTRACT
UPFRONT FEES
YES
PAY AS YOU GO
NONE
FIRST PAYMENT AFTER
CONSTRUCTION COMPLETE
COST TYPICALLY 20% HIGHER LOWER, UP FRONT AND LIFE
CYCLE
CHANGE ORDERS YES, ALMOST ALWAYS NO, ONLY CUSTOMER DRIVEN
TIMELINE LONGER PROCESS STREAMLINED, SHORTER
PROJECT SCHEDULE
SAVINGS NO, SAVINGS NOT
CAPTURED YES, SAVINGS GUARANTEE
RISK CITY LEOPARDO
11
Cost of Delay
Each Month Project is
Delayed
Monthly Loss or
Cost
Month 1 ($22,832)
Month 2 ($22,832)
Month 3 ($22,832)
Month 4 ($22,832)
Month 5 ($22,832)
Month 6 ($22,832)
Month 7 ($22,832)
Month 8 ($22,832)
Month 9 ($22,832)
Month 10 ($22,832)
Month 11 ($22,832)
Month 12 ($22,832)
Total ($273,990)
Risk of Catastrophic Failures, Use of Emergency Funds and Less Funding for Roads
12
M&V Profile
41
0
178%
Total Projects with Measured +
Verified Savings
Number of Missed Guarantees
Percent Actual Total Savings
Guarantee Delivered
13
Next Steps
1. LOI 2. IGA
❑Kick-Off meeting with City and contractor to
develop scope options and project goals
❑Contractor performs energy and design
analysis
❑Contractor to pre -qualify sub-contractors
❑Contractor coordinates sub -contractor walk-
throughs with local contractors
❑Contractor works with city to secure
preliminary project financing
❑Contractor develops proposal to city with
firm fixed pricing and guaranteed savings
❑City decides what items inside of the
proposal to move forward with and finalize
contract
❑City assigns a committee to work with
contractor to develop scope options
❑LOI Parameters
❑Scope
❑Financial Term
❑Schedule
❑Development Cost
❑Self-Funding
❑Council approves and executes LOI
14
Next Steps
Project Development Timeline
•City Council Approves & Executes LOI 6/3/2019
•Investment-Grade Audit Process 60 Days
Benefits of LOI
•No upfront cost for Investment -Grade Audit.
•Breakage Fee of $50k only assessed if City chooses not to move
forward with a self-funding program.
•If Contractor cannot provide a self -funding project, then the
breakage fee is waived.
Letter of Intent
June 3rd, 2019
Mayor Wayne Jett
City of McHenry
333 S. Green Street
McHenry, IL 60050
RE: Letter of Intent
Dear Mayor Jett:
Leopardo Companies, Inc. ("Contractor") presented a feasibility study, dated September 6th, 2018, to the City of
McHenry ("Owner"). The Owner has reviewed the study and has chosen Contractor as the provider for services.
The intent of the project offering is to provide modernization and upgrades to the current infrastructure. The
finalized scope of work, installation cost, and savings are to be determined under the negotiated final design.
It is the intent to negotiate in good faith and enter into an agreement with Contractor. The execution of a final
Guaranteed Performance Contract will be contingent upon the following items:
• Contractor will perform a detailed engineering assessment, systematic pre -measurement, and the
necessary engineering services to properly design the systems, savings, and renovations that the Owner
chooses to implement.
• The Owner shall have input into the design and selections of the systems and the scope of the renovation
work to best meet the intended outcome.
• Provided that the Contractor presents a budget neutral or better project to the Owner, in the event that
the Owner chooses not to move forward with any Guaranteed Performance Contract, it is agreed that
Contractor will be reimbursed for all costs incurred including technical, engineering, planning,
measurement, and preparation of the agreement.
• The reimbursement rate will be calculated at a cost of $50,000.00 plus any hard costs that Contractor incurs.
Both parties agree that an agreement will be entered into within ninety (90) days of the date of this letter.
City of McHenry
By:
Title:
Date:
Leopardo Companies, Inc.
By:
Title:
Date:
Office of the City Clerk
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2108
Fax: (815) 363-2119
www.ci.mchenry.il.us
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.
REGULAR AGENDA ITEM
DATE: June 3, 2019
TO: Mayor and City Council
FROM: Monte Johnson, Deputy City Clerk
RE: Semi-Annual Review of Executive Session Meeting Minutes
ATT: Resolution
_____________________________________________________________________________
AGENDA ITEM SUMMARY:
Pursuant to the Illinois Open Meetings Act, a semi-annual review of minutes and recordings of all closed
executive sessions that have not yet been released for public review must be conducted semi-annually.
BACKGROUND:
The determination of which minutes, if any that may be released is based on the advice of legal counsel.
The Act also permits the destruction of executive session recordings that exists more than 18 months after
the date the meeting was recorded.
Executive Session minutes presented for approval and release:
12/03/18 5 ILCS 120/2(c)(21) Review of Executive Session Minutes
02/18/19 5 ILCS 120/2(c)(2) Collective Bargaining Matters
03/18/19 5/ILCS 120/2(c) (11) Litigation to Acquire Real Estate
ANALYSIS:
Upon approval of the attached Resolution in Open Session, all Executive Session minutes prior to March
19, 2019, will be released.
Recommendation: If Council concurs, then it is recommended a motion is made in Open Session to
pass the attached Resolution approving a) Executive Session meeting minutes as presented; b)
authorizing the release of Executive Session meeting minutes as presented No; and c) destruction of
any executive session recordings that exist more than 18 months and the minutes for that meeting
have been approved.
R-19-xxx
RESOLUTION
WHEREAS, the Illinois Open Meetings Act specifies that Executive Session minutes be
reviewed at least once every six months;
WHEREAS, upon advice from Counsel, the McHenry City Council recommends approval of the
following Executive Session Minutes;
12/03/18 5/ILCS 120/2(c) (21) Semi-Annual Review of Executive Session Minutes
02/18/19 5/ILCS 120/2(c) (2) Collective Bargaining
03/18/19 5 ILCS 120/2(c) (11) Potential Litigation
WHEREAS, upon advice from Counsel, the McHenry City Council recommends release of all of
the above referenced Executive Session Minutes, as the need for confidentiality no longer exists.
NOW THEREFORE, BE IT RESOLVED as specified in the Illinois Open Meetings Act that
authorization is hereby granted to approve the substance of and release of the above referenced executive
session minutes and destruction of all Executive Session recordings that exists more than 18 months prior
to the date of this Resolution.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be made a permanent part of the
City Council minutes.
Passed and approved this 3rd day of June, 2019
Ayes Nays Absent Abstain
Alderwoman Baehne ____ _____ _____ _____
Alderman Devine ____ _____ _____ _____
Alderman Glab ____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy Clerk